Safitri Hariyani: “Sengketa Medik”

Banyaknya kasus dugaan malpraktek yang dilakukan oleh dokter mencuat di berbagai media cetak maupun media elektronik.

Sengketa medik– perselisihan antara dokter dengan pasien– pada umumnya disebabkan oleh adanya kelalaian/kesalahan yang dilakukan oleh dokter sehingga mengakibatkan kerugian yang diderita pasien berupa luka/cacat bahkan sampai meninggal dunia.

Sengketa medik dapat diselesaikan melalui dua jalur, baik jalur hukum maupun jalur etika.

Penerbit: Diadit Media

Tahun: 2005

ISBN: 979-99111-0-9

Tebal: 165 hlm

Berat: 220 gram

Kondisi buku: Baru

Remy R. Siahaan: Judi di internet dan hukum internasional

Indonesia dan perjudian

Di Indonesia sudah jelas judi dan taruhan merupakan tindak pidana. Bahkan kita pernah membaca berita bahwa judi yang dilakukan secara rahasia/tertutup tidak luput dari penindakan aparat yang berwajib.

Tahun yang lalu 8 orang penjudi di internet dan 3 warung internet yang tersangkut dengan kegiatan ini ditangkap polisi wilayah Bogor.

Ada yang mempertanyakan kok judi di internet semakin hari semakin marak saja. Padahal sudah jelas kalau perjudian dalam berbagai bentuk dilarang. Mungkin kalau mau dijawab sekenanya,  sudah pembawaan manusia untuk melanggar hal-hal yang dilarang.

Kerjasama internasional?

Kita bisa sepakat bahwa agama  melarang perjudian. Di samping itu karena bertentangan dengan kebaikan  maka judipun tidak dibenarkan secara moral. Tapi sayangnya negara-negara tidak sepaham menganai perjudian. Oleh karena itu tidak dapat digalang kerjasama internasional melawan perjudian.

Dalam musin gugur tahun 2006 pihak yang berwajib di Perancis meangkap dan menahan beberapa eksekutif Bwin suatu perusahaan Austria di bidang taruhan olahraga yang berbasis internet. Pada waktu itu alasan-alasan pro dan kontra menghiasi berita-berita utama. Yang berhadapan adalah mereka yang meperjuangkan kebaikan melawan perusahaan-perusahaan taruhan olahraga dan perjudian.

Kepentingan yang dipertaruhkan

Ternyata masalahnya lebih dalam dari apa yang diungkapkan kedua belah pihak di media. Bukan sekedar mencari keseimbangan antara mereka yang memperjuangkan kebaikan dan perlidungan masyarakat, dengan bisnis yang keuntungannya berlimpah-limpah. Pada tahun 2003, jumlah uang yang tersangkut dan berpindah tangan dalam perjudian di Uni Eropa adalah 52,5 milyar euro dan di Amerika Serikat 60,7 milyar euro. Tidak heran banyak negara yang menganggap perjudian sebagai sumber pendapatan yang penting.

Bandar-bandar judi Austraia itu di tangkap di Perancis bukanlah untuk mempertahankan kebaikan atau melindungi masyarakat tetapi karena melanggar monopoli negara di bidang perjudian.

Sama halnya dengan Perancis negara-negara Eropa lainnya juga memegang monopoli negara atas perjudian. Namun di Jerman dan Italia ada kecenderungan ke arah liberalisasi perjudian. Bahkan banyak pejabat Eropa yang tidak lagi mendukung monopoli negara atas perjudian.

D. Soetrisno SH:”Tata cara perolehan tanah untuk industri”

Dewasa ini sering terjadi penggusuran pembebasan tanah, baik yang dilakukan fihak swasta maupun pemerintah tanpa mengindahkan hak-hak masyarakat. Dengan bertameng untuk kepentingan umum, masyarakat dipaksa menyerahkan tanah miliknya kepada pemerintah tanpa diberi ganti rugi yang memadai. Selain itu pembukaan lahan hutan untuk pengadaan tanah punm sering tidak memperhatikan kelestarian dan kepentingan lingkungan.

Buku ini mencoba mremyajikan dan mengungkapkan berbagai peraturan dan ketentuan hukum serta pengalaman di lapangan berkenaan dengan pembebasan tanah. Hal ini dimaksudkan untuk, membantu mereka dalam melaksanakan tugasnya agar tidak ada pihak-pihak yang dirugikan.

Untuk beli buku ini klik di sini

Rachmadi Usman:”Dimensi Hukum Kepalitan di Indonesia”

Buku ini menjelaskan ketentuan-ketentuan yang berkenaan dengan kepailitan dan penundaan kewajiban pembayaran utang secara tuntas. Topik-topik pembahasannya antara lain:

• Urgensi pembaruan hukum kepalitan
• Syarat-syarat dan prosedur permohonan pernyataan pailit
• Tindakan-tindakan hukum setelah pernyataan pailit
• Pengurusan harta kepailitan
• Pencocokan piutang-piutang
• Akibat hukum penundaankewajiban pembayaran utang

Bagian akhir buku ini juga memaparkan masalah Pengadilan Niaga, antara lain mengenai pembentukan dan kewenangan Pengadilan Niaga dan hukum acara yang berlaku di Pengadilan Niaga.

Dapat dibeli di www.bukukuini.com

Contoh Kontrak/Perjanjian dalam bahasa Inggris

Yang kami jadikan sebagai model di sini adalah ‘WEB SITE DEVELOPMENT AND MAINTENANCE AGREEMENT’

This agreement entered into by and  between_________(“Client”) and _________(“Developer) on the____________ (“Effective Date”)

WHEREAS, Developer has experience in developing and maintaining Web sites  for third parties;

WHEREAS, Client wishes to have Developer create a Web site for Client and maintaining such Web site for Client, and Developer is interested in undertaking such work;

WHEREAS, Client shall employ a separate company to host its Web site;

NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements set forth herein, Client and Developer agree as follows:

Section 1

DEFINITIONS

1. Beta version means a working version of the Web Site recorded in executable form on the specific medium with any necessary supporting software and data, which has been fully tested by Developer prior to delivery and which Developer believes in good faith to be bug free and to fully implement all functions called for in the Specifications.
2. Client content means the material provided by Client to be incorporated into the Web Site, as listed on Schedule “C”
3. Development Schedule shall be as set forth in Schedule “B” to this Agreement which list the deliverable items contracted for (“Deliverables”) and the deadlines for their delivery. Payment Schedule shall be as also set forth in Schedule “B”.
4. Developer Tools means the software tools of general application, whether owned or licensed to Developer, which are used to develop the Web Site.
5. Documentation means the documentation for the software  developed by Developer specifically for the Web Site and other material which implement the Web Site. Source materials are part of the Documentation.
6. Enhancements, means any improvements to the Web Site to implement new features or add new material. Enhancements shall include modifications to the Web Site Content to make the Web Site operate on a Server System of a new ISP.
7. Error means any failure of the Web Site (i) to meet the Specifications and/or (ii) to operate with the Server System.
8. Final version means a non-copy protected and unencrypted disk master of the final version of the Web Site, recorded in executable form on the specified medium with any necessary supporting software and data, as to which all development work hereunder, and corrections to the Beta Version, have been completed and which meets the Specifications.
9. ISP means an Internet Service Provider which maintains the Web Site on the World Wide Web portion of the Internet.
10. Specifications for the Web Site shall be as set forth in Schedule “A” to this Agreement.
11. Source Materials means (i) all documentation, notes, development aids and other materials provided to Developer by Client for use in developing the Web Site, and (ii) the source code, documentation, notes and other materials, which are produced or created by Developer during the development of the Web Site, in such internally documented form as is actually used by Developer for development and maintenance of the Web Site.
12. Server System means the hardware and the software system owned or licensed by the ISP.
13. Web Site Content shall mean (i) the graphic user interface, text, images, music and other material of the Web Site developed by Developer under this Agreement  which is visible to  browser and  World Wide Web and (ii) software (including  cgi script and perl script) developed by developer to implement the Web Site. Web Site Content shall not include Developer Tools.
14. Web Site means the site to be developed for Client on the graphic portion of the Internet known as the World Wide Web which is described in the Specifications.

Section 2

DEVELOPMENT AND DELIVERY OF THE DELIVERABLES

1. Development; Progress Reports. Developer shall use its best efforts to develop each Deliverables in accordance with the Specifications. Developer shall first prepare a design for the Web Site. This design shall include drawings of the user interface, a schematic of of how to navigate the Web Site, a list of hyperlinks and other components. All development work will be performed by Developer or its employees at Developer’s offices or by approved independent contractors who have executed confidentiality and assignment agreements which are acceptable to Client. Developer agrees that no development work shall be performed by independent contractors without the express written approval of Client. Each week following execution of this agreement during which any development and/or testing hereunder remains uncompleted, and whenever else Client shall reasonably request, Developer shall contact, or meet with Client representative, and report all tasks completed and problems encountered relating to development and testing of the Web Site. During such discussion or meeting, developer shall advise Client in detail of any recommended changes with respect to remaining phases of development in view of Developer’s experience with the completed development. In addition, Developer shall contact Client’s representative promptly by telephone upon discovery of any event or problem that will that will materially delay development work, and thereafter, if requested, promptly confirm such report in writing.
2. Delivery. Developer shall deliver all Deliverables for the Web Site within the time specified in the Development Schedule and in accordance with the Specifications.
3. Manner of delivery. Developer agrees to comply with all reasonable request of Client as to the manner of delivery of all Deliverables, which may include delivery by electronic means.
4. Delivery of source materials. Upon request by Client, but in no event later than the delivery of the Final Version, Developer shall deliver to Client all Source Materials.

Section 3

TESTING AND ACCEPTANCE; EFFECTOF REJECTION

1. Testing and Acceptance Procedure. All Deliverables shall be thoroughly tested by Developer and all necessary corrections as a result of such testing shall be made, prior to delivery to Client. Upon receipt of a Deliverable, Client shall have a period of___days within which to test the item (the “Acceptance Period”) and to notify Developer in writing its acceptance or rejection based on its test result with respect thereto. If Client has not given notice of rejection within the Acceptance Period, the  Deliverable will be deemed to be accepted. No delivery of Deliverable shall be considered complete unless and until Client has received all Documentation necessary to support the use and modification of the Deliverable. If Client accepts the Deliverable, the milestone payment for that Deliverable (set forth in Schedule “B”) is then due.
2. Correction. If Client requests that Developer correct errors in the Deliverable, Developer shall within___days of such notice, or such longer period as Client may allow, submit at no additional charge a revised Deliverable in which such Errors have been corrected. Upon receipt of the corrected Deliverable, Client shall have additional___days to test the Deliverable and either (i) accept it (making the milestone payment set out in Schedule “B; or (2) request that Developer make further corrections to the Deliverable to meet the Specifications and repeat the correction and review procedure set forth in paragraph 2. In the event Client  determines, in its sole discretion, that the Deliverable continue to include Errors after three attempts at correction by Developer, Client may terminate this Agreement.

Section 4

OTHER OBLIGATIONS OF DEVELOPER

1. Web Site Warranty. Developer represents and warrants that the Web Site (1) will be of high quality and free of defects in material and workmanship in all material respects; and (2) will conform in all respects to the functional and and other descriptions contained in the Specifications. For a period of one year after the date of acceptance of the Final Version by Client, Developer agrees to fix at its own expense any Errors. EXCEPT AS STATED IN SECTION 8 PARA 1, DEVELOPER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHATABILITY, NON-INFRINGMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
2. Web Site Support. Developer also agrees to provide Client with support services stated in schedule “D” to maintain and update the Web Site on the World Wide Web during the warranty period at no cost to Client. Such assistance shall no exceed ___hours per calendar month.
3. Maintenance period. After the  expiration of the Warranty Period, Developer agrees to provide Client with the services stated in  Schedule “D” at Client’s option, for___years after the last day of the Warranty Period for an annual fee of___. Such maintenance shall include correcting any Errors or any failure of the Web Site to conform with the Specifications. Maintenance shall not include the development of Enhancements at the time of the notice.
4. Enhancements. During the Maintenance Period, if Client wishes to modify the Web Site, it may request that Developer provide a bid to provide such Enhancements.  Developer shall provide Client a first priority on its resources to create the Enhancements over any other third party with the exception obligations under contracts with third parties existing on the date of the notice. Such services shall be provided on a time and materials basis at the most favored price under which Developer provides such services to third parties.

Section 5

PROPRIETARY RIGHTS

1. Client’ Ownership Rights. Developer acknowledges and agrees that except as stated in Section 5 para. 3, the Web Site Content and Documentation, including but not limited to images, graphic user interface, source and object code, and any documentation and notes associated with the Web Site are and shall be the property of Client. Title to all intellectual property  rights including but not limited to copyrights, trademarks, patents and trade secrets in the Web Site Content and Documentation is with, and shall remain with the client.
2. Assignment of Rights. Except as provided in Section 5 para. 3, Developer hereby irrevocably assigns, conveys and otherwise transfers to Client, and its its respective successors and assigns, all rights, title and interests worldwide in and to the Web Site Content and Documentation and all copyrights, trade secrets, patents, trademarks and other intellectual property rights and all contract and licensing rights, and all claim and causes of actions of any kind with respect to any of the foregoing, whether now known or hereafter to become known. In the event developer has any rights in and to the Web Site Content  or Documentation that cannot be assigned to Client, Developer hereby unconditionally and irrevocably waives the enforcement of such rights and all claims and  causes of action of any kind  with respect to of any of the foregoing against Client, its distributors and customers, whether now known or hereafter to become known and agrees , at the request and expense of Client and its respective successors and assigns, to consent and join in any action to enforce such rights and to procure a waiver of such rights from the holder of such rights. In the event Developer has any right in and to the Web Site Content or Documentation that cannot assigned to Client and cannot be waived, Developer hereby grants to Client, and its respective successors and assigns, an exclusive, worldwide, royal-free license during the term of the rights to produce, distribute, modify, publicly perform and publicly display, with the right to sublicense through multiple tiers of sublicensees and assign such rights in and to the Web Site Content and the Documentation including, without limitation, the right to use in any way whatsoever the Web Site Content and Documentation. Developer retains no right to use Web Site Content and Documentation except as stated in Section 5 para. 3 and agrees not to challenge the validity of the copyright ownership of the Client in the Web Site Content and Documentation.
3. Ownership Components. Developer will retain copyright ownership of the following material:___(Retained Components). However Developer grants to Client a royalty free, worldwide, perpetual, irrevocable, nonexclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, modify, publicly perform, and publicly display the Retained Component on the Web Site or any Web site operated by or for Client and related marketing material.
4. Power of Attorney. Developer agrees to execute, when requested, patent, copyright, or similar applications and assignments to Client, and any other lawful document deemed necessary by Client to carry out the purpose of this Agreement. Developer further agrees that the obligations and undertaking stated in this Section 5 para 4 will continue beyond the termination of this Agreement. In the event that Client is unable for any reason whatsoever to secure Developer’s signature to any lawful and necessary document  required to apply for or execute any patent, copyright or other applications with respect to the Web Site Content and Documentation (including improvements, renewals, extensions, continuations, divisions or continuations in part thereof), Developer hereby irrevocably designates and appoints Client  and its duly authorized officers and agents as his agents and attorneys-in-fact to act for and in his behalf and instead of Developer, to execute and file any such application and do all other lawfully permitted acts to further the prosecution and issuance of patents, copyright or other rights thereon with the same legal force and effect as if executed by Developer.
5. License to Web Site Content and Client Content. Client grants to Developer a nonexclusive, worldwide license to reproduce and modify Client Content and the Web Site Content to develop and maintain the Web Site.
6. Internet access, Client shall be responsible for obtaining access to the Internet through an ISP. Developer shall not be responsible for such access and shall not be considered any party to the agreement between ISP and Client. Although the Web Site will be hosted by the ISP, the ISP will not be a party to this Agreement. nor will it be a third party beneficiary of this Agreement.
7. Licenses to Third Party Content.___shall be responsible for obtaining and paying for any necessary licenses  to use third-party content other than other than third-party content listed on Schedule “C” as Client Content. Client shall be responsible for obtaining and paying for any necessary licenses to use third-party content listed on Schedule “C”.
8. Licenses to Developer Tools. Developer shall be responsible for obtaining  licenses  and paying license fees for any Developer Tools used in this project that are not owned by Developer.
9. Licenses to use other software.___shall be responsible for obtaining a license to use___software and for paying license fees for such software.
10. Clients Domain Name. Clients Domain Name,___, shall remain the sole property of Client. Developer acknowledges that Developer has no right to use Client’s domain name other than in connection with Web Site Development and maintenance project covered in this Agreement.

Section 6

PAYMENT

1. Payment Schedule. The fees set forth in Schedule “B” shall be paid as provided in such Schedule.
2. Maintenance Fee. If Client chooses to have Developer perform maintenance and support service during the Maintenance Period, the annual fee stated in Section 4 para. 3 shall be due thirty (30) days prior to the commencement date of each year of the Maintenance Period.
3. Taxes. Developer shall be responsible for the payment of all sales, use and similar taxes.
4. Expenses. Except as expressly stated in this Agreement or in a later writing signed by Client, Developer shall bear expenses arising from the performance of its obligations under this Agreement.

Section 7

CONFIDENTIALITY

1. Confidential Information. The terms of this Agreement, the Source Materials and technical and marketing plans or  other sensitive business information, including all materials containing said information, which are supplied by Client to Developer or developed by Developer in the course of developing the Web Site are the confidential information of Client.
2. Restriction on use. Developer agrees that except as authorized  in writing  by Client: (i) Developer will preserve and protect the confidentiality of all Confidential Information; (ii) Developer will not disclose to any third party, the existence, source, content or substance of the Confidential Information or make copies of Confidential Information; (III) Developer will not deliver Confidential Information to any third party, or permit the Confidential Information to be removed from Developer’s premises; (iv) Developer will not use Confidential Information in any way other than to develop the Web Site as provided in this Agreement; (v) Developer will not disclose, use or copy any third party information or materials received in confidence by Developer for purposes of work performed under this Agreement; and (vi) Developer shall require that each of its employees who work or have access to the Confidential Information sign a suitable confidentiality and assignment agreement and be advised of the confidentiality and other applicable provisions of this Agreement.
3. Limitations. Information shall not be considered to be Confidential Information if Developer can demonstrate that it (i) is already or otherwise become publicly known through no act of Developer; (ii) is lawfully received from third parties subject to no restriction of confidentiality; (iii) can be shown by Developer to have been independently developed by it without use of the Confidential Information; or (iv) is authorized in writing by Client to be disclosed, copied or used.
4. Return of Source Material. Upon Client’s acceptance of the Final Version, or upon Client’s earlier request, Developer shall provide Client with all Copies and originals of the Web Site Content, Client Content and Source Materials, as well as any other materials provided to Developer, or created by Developer under this Agreement. Not later than  seven (7) days after the termination of this Agreement for any reason, or if sooner requested by Client, Developer will return to Client all originals and copies of the Confidential Information, Web Site Content, Client Content and Source Materials, as well as any other materials provided to Developer, or created by Developer under this Agreement, except that Developer may retain one copy of the Web Site Content and Source Materials, which will remain the Confidential Information of Client, for the sole purpose of assisting  Developer in maintaining the Web Site. Developer shall return said copy to client promptly upon request by Client.

Section 8

WARRANTIES COVENANTS AND INDEMNIFICATION

1. Warranties and Covenants of Developer. Developer represents, warrants and covenants to Client the following:

(a) Developer has the full power to enter into this Agreement and perform the services provided for herein, and that such ability is not limited or restricted by any agreements or understandings between Developer and other persons or companies.

(b) Any information or materials developed for, or any advice provided to Client shall not rely or in any way be based upon confidential or proprietary information or trade secrets  obtained or derived by Developer from sources other than Client unless Developer has received  specific authorization in writing  to use such proprietary information or trade secrets.

(c) Except to the extent based on Client Content used as licensed to Developer in Section 5 para. 5 and on licenses obtained by Client pursuant to Section 5 para. 7 and 5 para. 9, the use, public display, public performance, reproduction, distribution, or modification of the Web Site Content and Documentation does not and will not violate the rights of any third parties, including, but not limited to, copyrights, trade secrets, trademarks, publicity, privacy, and patents. The use of Developer tools in the Web Site Content and Documentation does not and will not violate the right of any parties, including but not limited to copyrights, trade secrets, trademarks, publicity, privacy and patents.

(d) Its performance of this Agreement will not conflict with any other contract to which Developer is bound, and while developing the Web Site, Developer will not engage in any such consulting services or enter into agreement in conflict with this Agreement.

(e) The Web Site Content and the Documentation was created solely by Developer, Developer’s full-time employees during the course of their employment, or independent contractors who assigned all right, title and interest worldwide in their work to Contractor.

(f) Developer is the owner of all right, title and interest in the tangible forms of the Web Site Content and Documentation and all intellectual property rights protecting them. The Web Site Content and Documentation and the intellectual property rights protecting them are free and clear of all encumbrances, including, without limitation, security interests, licenses, liens, charges or other restrictions.

(g) Developer has maintained the Source Material in confidence.

(h) The Web Site Content and the Documentation is not in the public

domain.

2. Developer’s Indemnity.  Developer agrees to defend, indemnify and hold harmless  Client and its directors, officers, its employees, sublicensees, and agents from and against all claims, defense costs (including reasonable  attorneys’  fees), judgements and other expenses arising out of or on account of such claims, including without limitation  claims of:

(a) alleged infringement or violation of any trademark, copyright, trade secret, right of publicity or privacy (including but not limited to defamation), patent or other proprietary right with respect to the Web Site Content or Documentation unless based on the use of the Client Content or on licenses obtained by Client pursuant to sections 5 para.7 and 5 para. 9;

(b) any use of confidential or proprietary information or trade secrets Developer has obtained from sources other than Client;

(c) any negligent act, omission, or willful misconduct of Developer in the performance of this Agreement; and

(d) the breach of any covenant or warranty set forth in Section 8 para. 1 above.

3. Obligations Relating to Indemnity. Developer’s  obligation to indemnify  requires that Client notify Developer promptly of any claim as to which indemnification will be sought and provide Developer reasonable cooperation in the defense and settlement thereof.

4. Client Indemnification. Client agrees to defend, indemnify, and hold harmless Developer and its directors, officers, its employees, agents from and against all claims, defense costs (including reasonable attorneys fees), judgements and other expenses  arising out of the breach of the following covenants and warranties:

(a) Client possesses full power and authority to enter into this Agreement and to fulfill its obligations hereunder.

(b) The performance of the terms of this Agreement and of Client’s obligations hereunder shall not breach any separate agreement  by which Client is bound.

(c) The use, public display, public performance, reproduction, distribution, or modification of Client Content in accordance with the license granted to Developer in Section 5 para 5 doe not and will not violate the right of any third parties including, but not limited to copyrights, trade secrets, trademarks, publicity, privacy,  and patents. The use of third-party licensed material obtained by Client pursuant to Section 5 para. 5 and 5 para, 9, if within the scope of the license, does not violate the rights of any third parties, including, but not limited to copyrights, trade secrets, trademarks, publicity, privacy and patents. The use of third-party licensed material obtained by client pursuant to  Section 5 para 7 and 5 para 9 if within the scope of the license , does not violate the  rights of ant third parties, including but not limited to, copyrights, trade secrets, trademarks, publicity, privacy, defamation, and patents.

5. Obligations relating to Indemnity. Client’s obligation to indemnity requires that Developer notify Client promptly of any claims as to which indemnification  will be sought and provide Client reasonable cooperation in the defense and settlement thereof.

Section 9

TERMINATION

1. Termination for Non-Performance or Delay. In the event of termination of this Agreement by Client pursuant  to Section 3 para. 2 hereof, Client will have no further obligations or liabilities under this Agreement. Client will have the right in addition to all of its other rights, to require Developer to deliver to Client all of Developer’s work in progress, including all originals and copies thereof, as well as any other materials provided to Developer by Client or third parties, or created by Developer under this Agreement. Developer my keep any milestone payments which have been paid  or are due under Schedule “B”. and such payments shall be deemed in full for all obligations of Client under this Agreement, including full payment for all source code, object code, documentation, notes, graphics and all other materials and work relating to the portion of the Web Site and the assignment or licenses of rights relating to the Web Site which has been completed as of the time of termination.

2. Termination for Convenience. Client shall have the right at any time to terminate this Agreement fifteen (15) days notice by giving written notice of termination to Developer. Developer shall immediately cease all work on the Web Site.  In the event of such termination, Client’s entire financial obligation to Developer shall be  for then accrued payments due under the Development Schedule, plus the prorated portion of the next payment, if any, due with respect to items being worked on but not yet delivered at the time of termination. The pro-rata payment shall be calculated by determining what percentage of the total work required for the next milestone has been completed by the date of Developer’s receipt of the termination notice.

3. Automatic Termination. This Agreement  will be terminated automatically, without notice, (i) upon the institution by or against Developer of insolvency, receivership, or bankruptcy proceedings or any other proceedings for the settlement of Developer’s debts; (ii) upon Developer making an assignment for the benefit of creditors, or (iii) upon Developer’s dissolution.

Section 10

GOVERNING LAW AND DISPUTE RESOLUTION

1. Arbitration. The Parties agree to submit any dispute arising out or in connection with this Agreement to binding arbitration in___before Badan Arbitrase Nasional Indonesia pursuant to the provisions of this Section 10 para. 1, and, to the extent not inconsistent with this Section 10 para. 1, the rules of Badan Arbitrase Nasional Indonesia. The parties agree that such arbitration will be in lieu  of either party’s right to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtain injunctive relief to terminate the violation by the other party of such party’s proprietary rights, including without limitation any trade secrets, copyrights or trademarks). Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction.

2. Governing Law; Venue. The validity, construction, and performance of this Agreement shall be governed by the laws of the Republic of Indonesia and all claims and/or lawsuits in connection with agreement must be brought in___

Section 11

MISCELANEOUS PROVISIONS

1. Notices. For purposes of all notices and other communications required or permitted to be given hereunder, the addresses of the parties hereto shall be as indicated below. All notices shall be in writing and shall be deemed to have been duly given if sent by facsimile, or sent by first class registered or certified mail or equivalent, return receipt requested, addressed to the parties at their addresses set forth below:

If to Developer:

______________________

______________________

______________________

Attn: _________________

If to Client:

_______________________

_______________________

_______________________

Attn: __________________

2. Designated Person. The parties agree that all materials exchanged between the parties for formal approval shall be communicated between single designated person, or a single alternate designated person for each party. Neither party shall have any obligation to consider for approval or respond to materials submitted other than through the Designated Persons. Each party shall have the right to change its Designated Person from time to time and to so notify the other in writing of such change. The initial Designated Person for Client is ___ and for Developer is ___

3. Entire Agreement. This Agreement, including the attached Schedules which are incorporated herein by reference as though fully set out, contains the entire understanding and agreement of the parties with respect to the subject matter contained herein, supersedes all prior oral or written understandings and agreements relating thereto except as expressly otherwise provided, and may not be altered, modified or waived in whole or in part, except in writing, signed by duly authorized representatives of the parties.

4. Force Majeure. Neither party shall be held responsible for damages caused by any delay or default due to any contingency beyond its control preventing or interfering with performance hereunder.

5. Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to any law, the remaining provision shall remain in full force and effect  as if said provision never existed.

6. Assignment. This Agreement is personal to Developer. Developer may not sell, transfer, sublicense, hypothecate or assign its rights and duties under this Agreement without the written consent of Client. No rights of Developer hereunder shall devolve by operation of law or otherwise upon any receiver, liquidator, trustee, or other party. This Agreement shall inure to the benefit of Client, its successors and assigns.

7. Waiver and Amendments. No waiver, amendment, or modification of any provision of this Agreement shall effective unless consented to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.

8. Agency. The parties are separate and independent legal entities.  Developer is performing services for Client as an independent contractor.  Nothing contained in this Agreement shall be deemed to constitute either Developer or Client an agent, representative, partner, joint venture or employee of the other party for any purpose. Neither party has the authority to bind the other or to incur any liability on behalf of the other, nor to direct the employees of the other. Developer is an independent contractor, not an employee of Client. No employment relationship is created by this Agreement. Developer shall retain independent professional status throughout this Agreement and shall use his/her own discretion  in performing the tasks assigned.

9. Limitation on Liability; Remedies. Except as provided In Section 8 above with respect to third party indemnification, neither party shall be liable to the other party for any incidental, consequential , special, or punitive damages of any kind or nature, including, without limitation, the breach of this Agreement, or any termination of this Agreement, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if either party has warned or been warned of the possibility of any such loss or damage.

IN WITNESS WHWREOF, this Agreement is executed as of the Effective Date set forth above.

CLIENT                                                           DEVELOPER

___________________                                     __________________

By _________________                                    By ________________

____________________                                    ___________________

Name _______________                                   Name ______________

Its __________________                                   Its _________________

Title ________________                                    Title _______________

SCHEDULE A

SPECIFICATIONS (attach)

SCHEDULE B

DEVELOPMENT AND PAYMENT SCHEDULE

Contract Signing: ………….                           Payment Due: …………..

DELIVERABLES

Due         Payment         Acceptance

Date        Due Upon       by Client

Delivery of Web Site Design

Delivery of Beta Version

Delivery of Final

Version/Source Materials

TOTAL PAYMENT:

Bonus. Client agrees to pay Developer a bonus of $…………… which shall be payable to Developer in the event Developer delivers a Final Version of the Web Site which is acceptable to client prior to___

SCHEDULE C

CLIENT CONTENT

ITEM                                                            OWNER

______________________                              ___________________

_______________________                            ____________________

_______________________                            ____________________

SCHEDULE D

MAINTENANCE AND SUPPORT SERVICES

SCHEDULE E

DEVELOPER’S CREDIT

Eileen Denza: “Diplomatic Law”

Description

Diplomatic Law was first published in 1976. Written with the benefit of the authors deep and practical understanding of the subject as a Legal Counsellor in the Foreign and Commonwealth Office, it has become widely regarded as the leading work in the field. The enlarged and fully revised second edition is now available for the first time in paperback.

Denza provides a commentary on the 1961 Vienna Convention on Diplomatic Relations, the universally-accepted framework for diplomacy between sovereign States. The author places each provision of the Convention in its historical context. The negotiating background to the provisions is supplemented with a comprehensive commentary on the application of the Convention by the United Kingdom and the United States, together with expanded coverage of the diplomatic practice and jurisprudence of other States. The book also includes a thorough examination of topical problems in the field, including the abuse of diplomatic immunity, terrorist violence, and hostile demonstrations against embassies.

Diplomatic Law is an invaluable source of practical guidance for Ministries of Foreign Affairs and diplomats in the field, and an indispensable work of reference and learning for practitioners and scholars of public international law.

BOOK CONDITION:

VERY GOOD: In great condition for a used book. Has been read but has no easily noticeable damage to the cover, all pages are present and undamaged (no creases or tears), minimal underlining/highlighting of text (perhaps on a few pages), no writing in margins, very minimal identifying marks inside cover, very minimal wear and tear. May be ex-library, with usual treatments; if so, the book will be noted as such mments.

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W.J. Stewart: “Dictionary of Law” (TERJUAL)

The second edition of the Collins Dictionary of Law is designed for all law students, legal secretaries and legal executives, as well as for the layman, particularly business professionals who need access to the special terminology of the law, including that of the European Union.

Includes lists of statutes and cases mentioned within the entries

Defines legal terms of the European Union and Commonwealth countries, including the effects of Human Rights Legislation

Includes wide coverage of business law.

HarperCollins Publishers

Second Edition

Pages 416

Soft cover

Book condition:

GOOD: Very minimal damage to the cover (no holes or tears, only minimal scuff marks), dust jacket not necessarily included, minimal wear to binding, majority of pages undamaged (minimal creases or tears), highlighting/underlining acceptable on textbooks as long as text is readable and it is not an excessive amount, no missing pages. May be ex-library with usual treatments; if so, the book will be noted as such in the comments.

Buku ini telah terjual

Imam Soepomo:”Pengantar Hukum Perburuhan”

Bab VI buku ini membahas hubungan kerja:

1. Perjanjian kerja
2. Peraturan majikan
3. Perjanjian perburuhan
4. Peraturan perundang-undangan
5. Pemutusan hubungan kerja

• Pemutusan hubungan kerja oleh majikan

a. pemberhentian perseorangan

b. alasan pemberhentian

c. sanksi terhadap pemberhentian tak beralasan

d. uang pesangon

e. pemberhentian karena kelakuan sangat buruk

f. pengurangan buruh

• Pemutusan hubungan kerja oleh buruh
• Hubungan kerja putus demi hukum
• Pemutusan hubungan kerja oleh pengadilan

6. Penyelesaian perselisihan perburuhan

• penyelesaian secara sukarela
• penyelesaian secara wajib
• pemberian izin pemberhentian

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Simon Stokes:”Digital Copyright law and practice”

Description
Hukum mengenai hak cipta digital berubah secara cepat. Penuangan content dalam bentuk digital dan pertumbuhan internet telah menimbulkan tantangan-tantangan besar berkaitan dengan cara untuk melindungi, lisensi dan kelola materi hak cipta yang dilindungi. Dua perjanjian World Intellectual Property Organisation (WIPO) mengenai hak cipta, hak-hak yang berkaitan dan teknologi baru, menjadi masukan segar dalam usaha-usaha di Eropa untuk menyesuaikan dan menyelaraskan hukum hak cipta terhadap tantangan-tantangan komunitas informasi. Hasilnya adalah Copyright Directive tahun 2001.  Pedoman ini dilaksanakan dalam perundang-undangan Inggris pada tanggal 31 Oktober 2003 (Statutory Instrument). Buku ini adalah tulisan yang pertama di Inggris yang meninjau hal cipta digital bersama dengan bidang yang berkaitan seperti performer’s rights, moral rights, database rights dan hukum persaingan sebagai subyek yang berdiri sendiri.
Buku setebal 342 halaman ini sangat bermanfaat untuk kalangan akademi, peneliti, dan mahasiswa agar mendapat perpektif yang baik dalam meninjau hak cipta digital. Pengacara, manager hak, dan setiap orang yang berhubungan dalam eksploitasi dan kelola data dan konten digital di akademi, demikian juga kalangan penerbit, media, software, galeri, musium dan industri akan mendapatkan buku ini sebagai pedoman yang baik
Kondisi buku: sebagai buku bekas masih sangat baik. Sudah dibaca tapi tidak ada cacat yang tampak  di sampul, tidak ada halaman yang lepas dan rusak (robek, terlipat), tidak ada garis bawah atau highlight, tidak ada cacatan pinggir dsb.
Halaman: 342, dimensi 23 X 15,6 X 1,6 cm harga di Inggris 37 Pound.

Kondisi buku: bekas, baik

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Contoh surat kuasa dalam bahasa Inggris

                                                        Letter of Attorney

[name of individual]   , the undersigned, hereby makes,

constitutes and appoints [name of attorney] his true and

lawful attorney for him and in his place and stead and for

his use and  benefit:

 

             (Attorney will dictate special powers)

 

giving and granting unto his said attorney full power and

authority to do and perform all and every act and thing

whatsoever requisite, necessary or appropriate to be done

in and about the premises as fully to all intents and

purposes as he might or could do if personally present.

Hereby ratifying all that his said attorney shall lawfully

do or cause to be done under the authority of this power

of attorney.

 

Wherever the context so requires, the masculine gender

includes the feminine and/or neuter, and the singular

number includes the plural herein.

 

Dated:

                      _____________________

                            Principal