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HUBUNGAN HUKUM DALAM PERJANJIAN PEMBORONGAN Hanafi Darwis
Masalah-Masalah Hukum Masalah-Masalah Hukum Jilid 41, Nomor 1, Tahun 2012
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (114.445 KB) | DOI: 10.14710/mmh.41.1.2012.65-72

Abstract

Agreement (Overeenkomst) is an event when one party promises to another party to perform a case based on the event, and then the legal relations arise between both parties. In the Contracting Agreement, the Principles of Legal Relations between both parties explained on (Burgerlijk wetboek) certain following principles: Principle of responsibilities correlations of all parties, Principle of the assertiveness of contractor responsibilities, Principle of the prohibition to any changes in the agreement price, Principle of the freedom to terminate the agreement unilaterally.Key Words: Legal Relations, Contracting Agreement
REGARDING DISPUTE AND ARBITRATION Hanafi Darwis
UNES Law Review Vol 2 No 2 (2019): UNES LAW REVIEW (Desember 2019)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.113

Abstract

It shall be necessarily acknowledged that a dispute is usually originated from such a situation in which a party feels harmed by the other party. Unsatisfied expression shall come out if there is any conflict of interest. In respect of which, people shall have such a certain way to settle a conflict or dispute itself, in which the process of dispute settlement engaged herein may be taken through both formal and informal approaches. In relation to which, Arbitration Agency may receive a request raised by the parties in such an agreement and give a binding opinion regarding the matters pertaining to the aforementioned agreement, for instance, if there is any interpretation of any unclear provision; there is any addition or variation in the provision with respect to the existence of any new circumstance. Accordingly, the issuance of opinion by arbitration agency shall cause the both parties bound to it, if a party’s action is in violation to the aforesaid opinion, it shall be deemed to breach the agreement, and against the aforesaid binding opinion, any legal remedy or protest whatsoever may not be filed either in the form of legal proceeding of Appeal or Cassation.
REGARDING DISPUTE AND ARBITRATION Darwis, Hanafi
UNES Law Review Vol. 2 No. 2 (2019)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v2i2.113

Abstract

It shall be necessarily acknowledged that a dispute is usually originated from such a situation in which a party feels harmed by the other party. Unsatisfied expression shall come out if there is any conflict of interest. In respect of which, people shall have such a certain way to settle a conflict or dispute itself, in which the process of dispute settlement engaged herein may be taken through both formal and informal approaches. In relation to which, Arbitration Agency may receive a request raised by the parties in such an agreement and give a binding opinion regarding the matters pertaining to the aforementioned agreement, for instance, if there is any interpretation of any unclear provision; there is any addition or variation in the provision with respect to the existence of any new circumstance. Accordingly, the issuance of opinion by arbitration agency shall cause the both parties bound to it, if a party’s action is in violation to the aforesaid opinion, it shall be deemed to breach the agreement, and against the aforesaid binding opinion, any legal remedy or protest whatsoever may not be filed either in the form of legal proceeding of Appeal or Cassation.