NORMA最新文献

{"title":"Implementation Of the Notary's Duties and Positions Regarding the Presence of the Appeaser Refers to Decree Number 65/33-III/ PP-INI/2020 Dated March 17, 2020","authors":"Muhammad Firdausy Maulana Witapratama","doi":"10.30742/nlj.v18i2.1590","DOIUrl":"https://doi.org/10.30742/nlj.v18i2.1590","url":null,"abstract":"Concerns about Covid 19 by notaries in doing the Deed. This study aims to examine the Implementation of the Notary Position in Doing Deeds Before and during the Covid-19 Pandemic Period, and to Assess Obstacles in the Duties of Notary Positions in Doing Deeds during the Covid-19 Pandemic Period). The type of research used by the author is descriptive type research. Descriptive research is a problem-solving procedure investigated by describing or describing the current state of the subject and object of research based on existing facts. The results of the research in the Assignment of Notary Positions in Doing Deeds Before and during the Covid 19 Pandemic Period differed from the difference in the health protocol and the presence of the appeasers based on SK Number 65/33-III/ PP-INI/2020 dated March 17, 2020, regarding the matter referred to In the main point of the letter, the Central Management of the Indonesian Notary Association (PP-INI) and all of its staff expressed concern over the massive development of the spread of Covid-19 which directly affected the implementation of the duties of a Notary public in providing services to the public and in this regard, this PP urges all members to follow the health protocols set by the government to overcome the spread of Covid-19.Keywords: CoronaViruses, Notary, Decree.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47421792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Case Review of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building","authors":"Ramzi Maulana Arghie","doi":"10.30742/nlj.v18i2.1589","DOIUrl":"https://doi.org/10.30742/nlj.v18i2.1589","url":null,"abstract":"The research, entitled Case Study of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building aims to find out whether or not Dirk Tatipata is said to have defaulted on the Sale and Purchase Agreement (PPJB) of land, which he did with Ronald Sanjaya, how the legal protection for Dirk Tatipata as the party who was harmed by the decision of the Surabaya District Court, This is normative legal research, Based on the results of the study, it can be concluded that legally, it is clear that Dirk Tatipata does not have high bargaining power and is a seller of land and buildings on Jl. Sleep No. 103 that has been done in front and signed by Notary Anita Lucia Kendarto, S.H., M.Kn. with several letters/deeds. Thus, legal resistance is still being carried out by carrying out a lawsuit in the land and building dispute case at the Surabaya District Court, and ending his defeat coupled with a penalty of trial fees and payment for his unlawful actions harmed Ronald Sanjaya as the legal owner of the land and buildingsKeywords: Agreement, Sale, and Purchase of Land and Buildings, Against the Law","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69580126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Analysis of Universitas Wijaya Kusuma Surabaya Tower II Building Construction Agreement Between Wijaya Kusuma Foundation and PT Sinar Waringin Adikarya","authors":"Sulistiyo Sulistiyo","doi":"10.30742/nlj.v18i2.1586","DOIUrl":"https://doi.org/10.30742/nlj.v18i2.1586","url":null,"abstract":"In this study, researchers used the title Legal Analysis the Implementation of the Tower II Building Construction Agreement Wijaya Kusuma Surabaya University with PT SINAR WARINGIN ADIKARYA. This research was conducted To find out and analyze: Rights and Obligations of each party in the Towering Contract (Construction Contract) of Tower II Building, Universitas Wijaya Kusuma Surabaya, the form of the responsibilities of each party in the contracting contract (Construction Contract) Tower II Building, Universitas Wijaya Kusuma Surabaya, if one party makes a mistake. From the results of the analysis conducted in this study, the researcher states that: Rights and obligations must be carried out by each party as stated in the work implementation agreement as contained in Attachment to the work implementation agreement Number: 597/WK/XII/2017, as stated in Article 3 of the agreement when referred to as a second party's obligation it means the right of the first party, among others, to carry out the work carefully, accurate and complete responsibility by providing experts and other personnel, materials, equipment needed for the implementation of the work. The responsibilities that must be carried out in this work implementation agreement must be guided by the provisions of the agreement as referred to in the Attachment to the work implementation agreement Number: 597/WK/XII/2017, namely contained in article 4, article 6, article 7, article 8, and article 11.Keywords: Agreement; Construction; University","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44142770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rejection of Accident Insurance Claims by Insurance Companies","authors":"B. T. Samudera","doi":"10.30742/nlj.v18i2.1585","DOIUrl":"https://doi.org/10.30742/nlj.v18i2.1585","url":null,"abstract":"Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48830352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pandemic as Reasons to Avoid Pre-Project Selling Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era","authors":"Fani Martiawan Kumara Putra, S. Wulandari","doi":"10.30742/nlj.v18i2.1591","DOIUrl":"https://doi.org/10.30742/nlj.v18i2.1591","url":null,"abstract":"The study, Pandemic as Reasons for Debtors to Avoid Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era, aims to mengetahui dan menganalisa permasalahan wanprestasi yang terjadi pada masa pandemi Covid19 ini, khususnya pada peristiwa Pre-Project Selling. Kegagalan melakukan prestasi bisa terjadi tidak hanya karena kendala perekonomian saja, namun juga bisa karena alat dan tenaga yang terbatas pada masa pandemi. Artinya kegagalan dalam melakukan prestasi tidak hanya pada pihak developer saja, bisa jadi juga dari pihak pembeli, sedangkan sengketa yang terjadi bukanlah yang mempunyai nominal rendah, oleh karenanya kerapkali perkara hingga berujung ke Pengadilan. Ini adalah penelitian normatif dengan pendekatan perundang-undangan. Hasil yang didapatkan dari penelitian ini adalah Hakim yang memutuskan perkara, setidaknya dapat memberikan suatu penghalusan hukum pada keadaan wanprestasi di masa Pandemi ini, agar terwujud keadilan dan juga demikian akan mendukung kegiatan bisnis.Keywords: Pre-Project Selling; Pandemic; Default.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69580136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Absences, presences and unintended consequences in debates about masculinities and social change: a reply to Christofidou","authors":"Steven Roberts, Karla Elliott, Brittany Ralph","doi":"10.1080/18902138.2021.1965791","DOIUrl":"https://doi.org/10.1080/18902138.2021.1965791","url":null,"abstract":"ABSTRACT This article offers a reply – and an alternative perspective – to Andria Christofidou’s recent contribution to this journal, which critically engages with debates on men, masculinities and social change. We first suggest that understanding change requires us to go beyond pitting theoretical frameworks against one another, and we highlight work that has done this. Second, as our main point, we argue that when bringing in intersectionality as a theory or concept, CSMM scholars must maintain the spirit of the foundational thinking of the idea, such that inequalities are uncovered, highlighted and challenged. We also stress that marginalised men, in the Global South but also the Global North, must be included in the story of social change. While our response is stimulated by Christofidou’s article, our contention applies to a wide range of thinking in CSMM.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43450876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Thinking about risk and vulnerability in CSMM","authors":"Sam de Boise","doi":"10.1080/18902138.2021.1966214","DOIUrl":"https://doi.org/10.1080/18902138.2021.1966214","url":null,"abstract":"As the world nears a year and a half of a global pandemic, academic work has increasingly detailed the gendered effects of Covid-19. Whilst early on, data indicated that men were at a higher risk of dying from Covid-19 (Peckham et al., 2020), recent data has shown that women are in fact much more likely to suffer from Post Covid Syndrome (or ‘long Covid’) leading to long term potential health implications (Sudre et al., 2021). The explanations for this have been largely couched in terms of biology and the science of sex differences – predominantly around men’s weaker immune responses. Though, behavioural explanations arising from gendered socialisation and norms have also been offered for why men are more likely to catch, develop symptoms and die from Covid-19 (Ruxton & Burrell, 2020, p. 14). An article in The New York Times, for instance, argued in 2020 that adherence to ‘toxic masculinity’ is a predictor of whether or not men are likely to wear masks (Gupta, 2020), something which has empirical support (Mahalik, Bianca, & Harris, 2021), whilst others have shown that men are far less likely to comply with recommendations and more likely to under-rate the threat of Covid-19 than women (Galasso et al., 2020). Men also represent a lower percentage of those who are vaccinated with even one dose of a vaccine in many countries. Differences in vaccination rates are undoubtedly, in part, due to the fact that women are more likely to work as frontline workers in healthcare and elderly care but the differences also reflect gendered differences in approaches to health. The argument that gender affects men’s health is well-trodden territory: the question is why? Courtenay’s (2000) article on the necessity of including an analysis of masculinity in an analysis of wellbeing famously claimed that this could be explained through men’s attitude to risk through adherence to certain constructs of masculinity. As he notes: ‘men also construct masculinities by embracing risk. A man may define the degree of his masculinity, for example, by driving dangerously or performing risky sports – and displaying these behaviours like badges of honor’ (p. 1389). Lohan (2007, p. 498) similarly argues that men are, on average, both more likely to take health risks and far less likely to seek help for risks to their health than women. With regards to CSMM, how men regard their bodies has been important to conceptualising issues of risk. Connell’s analysis of the ‘body inescapable’ inMasculinities (Connell, 1995, pp. 52–56), as well as the experience of feelings and emotions in pro-feminist, men’s consciousness-raising groups (Seidler, 1991) have observed how the ‘disciplining’ of men’s bodies has been linked to embracing a Cartesian rationality of mind over matter (Lloyd, 1984; Seidler, 1994) where dominant forms of masculinity are expressed in the exercise of will. The ableism of such theories (Hearn, 2015), especially neglect the way in which ageing men, particularly, experience","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48866314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Thanks to Corona virus’: trajectories of masculinities during the Ugandan lockdown","authors":"Anna Baral","doi":"10.1080/18902138.2021.1956830","DOIUrl":"https://doi.org/10.1080/18902138.2021.1956830","url":null,"abstract":"ABSTRACT The restrictions to curb the Covid-19 pandemic have caused an escalation of gender-based violence all over the world, but they have also changed the trajectories of masculinities in nuanced and complex ways. In this article, I explore the experiences of Ugandan men who became unable to provide under the national lockdown, often finding themselves confined in their homes for the first time in their life. I discuss two dimensions of this experience. On the one hand, men had to painfully withdraw from circles of reciprocity, exemplified by the practice of ‘checking on’, too burdensome in a moment of economic insecurity. On the other hand, men’s ‘being there’, at home, progressively shifted from an unwanted obligation to a welcomed responsibility, embraced intentionally. Juggling between forced proximity and distance, men explored different ways of validating themselves in the crisis. They both reproduced pre-existing dynamics, grounded on the tension between provision and withdrawal, and experienced emergent forms of caring masculinities and fatherhood, performed through sharing and reciprocity.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/18902138.2021.1956830","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60005001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Marking men, affect and care work: a study of middle-class Bengali masculinity in Jhumpa Lahiri's The Lowland","authors":"Amrita De","doi":"10.1080/18902138.2021.1918501","DOIUrl":"https://doi.org/10.1080/18902138.2021.1918501","url":null,"abstract":"ABSTRACT\u0000 This article examines Pulitizer prize-winning Indian American writer Jhumpa Lahiri's engagement with masculinity and care-work in The Lowland (2013). Situated in a middle-class Bengali family, the novel revolves around the individualistic aspirations and intellectual motivations of the three main characters – the two brothers Subhash, Udayan and the woman they eventually marry, Gauri. This article first draws attention to the cultural archive of middle-class intellectual Bengali masculinity and then proceeds to delineate Lahiri's inscription of Bengali middle-class masculinity through her specific focus on Subhash's feeling masculinity. Affect theory is considered a necessary heuristic to situate this theoretical examination and further unpack Subhash's complication of reproductive heteronormativity. In doing so, this article also considers the gendered nature of care-work within the Bengali heteronormative family while at the same time positing Subhash's masculinity as a case in point, where naturalised gendered ideas are successfully blurred. By no means representative of all kinds of middle-class Bengali masculinities, this article's focus on Subhash's masculinity mainly situates a road map to theoretically mark heteronormative middle-class masculinity through the lens of affect theory.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/18902138.2021.1918501","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44531285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘It is men who die and all that, so what is new?’ Male vulnerability, institutionalised masculinity and the present absence of a problem in Swedish rescue service accident prevention","authors":"Mathias Ericson","doi":"10.1080/18902138.2021.1908761","DOIUrl":"https://doi.org/10.1080/18902138.2021.1908761","url":null,"abstract":"ABSTRACT Men die in accidents more frequently than women. However, the statistical facts do not necessarily translate into any self-evident discussion of addressing men and masculinity construction in work with accident prevention. This article draws upon theories of masculinity, affect and haunting in order to discuss social and institutional processes that support a gender-neutral approach to accidents, where the high frequency of men is just something you accept. The analyses are based on observations and interviews with people who work with accident investigation and prevention within the rescue service in Sweden. The article suggests that male vulnerability is reiterated as a haunting phenomenon beyond the responsibility of the rescue service which reproduces masculinity as a form of cruel optimism.","PeriodicalId":37885,"journal":{"name":"NORMA","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/18902138.2021.1908761","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49543224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}