Perlindungan Hukum Bagi Aparatur Negara dalam Penyelesaian Sengketa Kepegawaian Pasca Berlakunya Undang-undang Nomor 5 Tahun 2014 Tentang Aparatur Sipil Negara

Changes in regulations concerning employment, in particular regarding dispute resolution mechanisms State Civil Apparatus then indirectly affect the implementation of dispute resolution for the State Civil Apparatus. In contrast to what was in the previous law that the administrative appeals filed with the Personnel Advisory Board. In Article 129 of Constitution Number 5 of 2014 about civilian state apparatus.arranged among others on the administrative appeal submitted to the Advisory Board of civilian state apparatus, in which the efforts of administrative appeals and on the Advisory Board of the civilian state apparatus regulated by Government Regulation. But until now the government regulation has not been issued so that the dispute settlement civilian state apparatus, particularly for government employees with work agreementwill be problems in implementation.Legal protection of the state apparatus in the employment dispute resolution after the enactment of Constitution Number 5 of 2014 about civilian state apparatus can not be optimal be given and legal protection that the government can do isimmediately issued Government Regulation

Pertimbangan Hakim Terhadap Pembatalan Putusan Badan Penyelesaian Sengketa Konsumen di Pengadilan Negeri (Studi Putusan Nomor : 293/Pdt.G/BPSK/2014/PN.Bks, 72/Pdt.G.BPSK/2010/PN.Yk, 16/Pdt.Sus.BPSK/2014/PN.Grt)

Consumer dispute resolution is the authority of the Consumer Dispute Settlement Board mandated by Law No. 8 of 1999 on Consumer Protection. This study discusses about the decision of the Consumer Dispute Settlement Agency, such us DKI Jakarta, Bantul, and Tasikmalaya which is not approved by the Businessman and then submitted a cancellation to State Court Bekasi, Yogyakarta, and Garut. The three of District Court Judges overturned the decision of the Consumer Dispute Settlement Board, with the consideration that BPSK is not authorized to resolve consumer disputes. That means, the considerations of the three District Court Judges do not take into account the provisions contained in Law No. 8 of 1999 on Consumer Protection, Decree of the Minister of Industry and Trade No. 350 / MPP / Kep / 12/2001 on the Implementation of Duties and Powers of Consumer Dispute Settlement Bodies, as well as opinions from AZ Nasution related to Consumer Dispute. there is one District Court Judge who has the right consideration to 2 categories of consumer disputes, namely Garut District Court in decision number 16 / Pdt.Sus.BPSK / 2014 / PN.Grt

Labor Law: Implementation of Congressionally Declared National Labor Policy Precludes Invocation of Doctrine of Pre-Emption

The Supreme Court has held that a ruling by the General Counsel of the National Labor Relations Board that no employees, as defined by the National Labor Relations Act, were involved in a labor dispute precluded the possibility that picketing activities arising out of the dispute constituted a violation of section 8(b)(4)(B) of the act. In this circumstance, the Court held that the pre-emption doctrine should not be invoked when its application will tend to thwart federally established labor relations policy

On the "Security analysis and improvements of arbitrated quantum signature schemes"

Recently, Zou et al. [Phys. Rev. A 82, 042325 (2010)] pointed out that two arbitrated quantum signature (AQS) schemes are not secure, because an arbitrator cannot arbitrate the dispute between two users when a receiver repudiates the integrity of a signature. By using a public board, they try to propose two AQS schemes to solve the problem. This work shows that the same security problem may exist in their schemes and also a malicious party can reveal the other party's secret key without being detected by using the Trojan-horse attacks. Accordingly, two basic properties of a quantum signature, i.e. unforgeability and undeniability, may not be satisfied in their scheme

The Canadian Wheat Board: Government Guarantees and Hidden Subsidies?

The operations of the Canadian Wheat Board (CWB), a state trading enterprise, have generated controversy over the years, partly because of an alleged lack of transparency in its operations. This study examines one aspect of operations that is not well understood - the government guarantee of CWB borrowings and export credit sales. This special privilege allows the CWB to generate a "financial cushion", or non-market based revenue, that it can use to enhance returns to producers, discount export prices, or pay administrative expenses. Although recent WTO dispute settlement decisions concluded the CWB does not act inconsistently with some WTO rules, the July 31, 2004 WTO Doha Round framework agreement addresses these potential trade-distorting practices of the CWB.Canadian Wheat Board, financial cushion, state trading enterprise, World Trade Organization, International Relations/Trade,

Resolving Canada-U.S. Trade Disputes in Agriculture and Forestry: Lessons from Lumber

Prominent trade disputes between Canada and the U.S. involve agriculture and forestry, with lack of transparency caused by Canadian non-market institutions a source of U.S. objections. Though there has been a recent flurry of activity in the binational dispute resolution panel on Canadian exports of wheat, one of every six panels since 1989 has involved softwood lumber. We examine lessons from the lumber dispute to shed light on U.S. objections to the Canadian Wheat Board (CWB). We argue that U.S. lumber lobbyists will continue to use perceived Canadian institutional obscurity to keep pressure on policymakers, while the CWB system enables similar agricultural interests in to agitate for trade sanctions. Traditional strategies such as dispute resolution boards, appeals to the WTO, and bilateral policy reform can only buy Canada time – new strategies are needed if Canada is to maintain sovereignty over its trade institutions.

Upaya Hukum dalam Penyelesaian Sengketa Perdagangan Emas Berjangka pada PT. Rifan Financindo Berjangka Pekanbaru

Gold futures trading is very vulnerable to disputes. Therefore, understanding the efforts to resolve futures trade disputes is very important to know. This research was conducted empirically, the nature of descriptive analysis research with qualitative data analysis. Futures trading dispute at PT. Rifan Financindo Berjangka Pekanbaru is caused by customer misunderstanding about the process and legal aspects of futures trading. This was made worse by the lack of education conducted by futures brokers and the existence of unlawful acts committed by sales marketing and futures broker representatives. Gold futures trade dispute settlement can only be done by litigation in the South Jakarta District Court or non-litigation through the Commodity Futures Trading Arbitration Board. Constraints encountered in resolving disputes are; disproportionate choice of dispute resolution forums, lack of customer understanding of legal aspects in resolving disputes and violations of Standard Dispute Resolution Operational Procedures

The Jurisdictional Difficulties of Defining Charter-School Teachers Unions Under Current Labor Law

As charter schools have flourished in form, they have also evolved in variety: parents can send their children to a trilingual immersion school or a school whose classes meet entirely online. The same flexibility that charters offer as an alternative to traditional public schools also makes them difficult to classify for purposes of labor law. When charter-school teachers form a union, it is not clear why the National Labor Relations Board (NLRB), and not a state labor analogue, should have jurisdiction over a charter-school labor dispute. And yet, the NLRB has asserted jurisdiction in most charter-school cases. This Note examines the NLRB’s test for determining whether the broad protections of the National Labor Relations Act apply to a group of workers in the context of charter-school employees. It proposes a more robust test for differentiating between charter schools for purposes of the Act, and it applies the test to two charter schools

Lembaga Arbitrase Islam Di Indonesia

A dispute is a social problem thatdirectly in contact with the law and require solving integrally. Each order of society has various ways to get agreement in the proceedings or to resolve disputes among them. The People nowadays are starting to abandon habitual ways resorting to formal ways provided by law that are recognized by the state. There are various kinds of way to dispute in the society that each has particular strengths and weaknesses, one of them is arbitration. In Indonesia, National Sharia Arbitration Board as one of the institutions that offering arbitration services to the business sector economics Islam or business based on sharia

Out-of-court dispute resolution policy in EU electronic commerce

The idea of common electronic market in European Union is frequent question in many aspects. From the legal point of view it is necessary to define unfair competition in this field. It includes domain name grabbing, cybersquatting, spamming and other ways of disrupting competitor’s activities. Legal regulation of e-commerce is developing very slowly but we have already achieved some victories. Directive on certain legal aspects of information society, in particular electronic commerce, in Internal Market (2000) was followed by the regulation of .eu domain names (2002, 2004) and others. This paper is focusing on out-ofcourt dispute resolution policy in EU electronic commerce, especially includes the way of so called Alternative Dispute Resolution (ADR) in .eu domain name cases. It presents results of research of more then 200 ADR decisions made by The Czech Arbitration Court which is the only arbitration board within European Union authorized to solve .eu domain name disputes and it is able to administer ADR in all official European Union languages.Alternative dispute resolution, bad faith, complainant, Czech Arbitration Court, cybersquatting, domain name, electronic market, legitimate interest, unfair competition