强势状态作为结束职业足球运动员在PT SRIWIJAYA独立工作协议的原因

Hendro Suwastono
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引用次数: 0

摘要

论文题目为“不可抗力作为PT Sriwijaya Optimis Mandiri职业球员雇佣协议终止的原因”。本研究以印尼现行民法为依据,制定了不可抗力条件的判定标准和特征问题,并以此作为职业足球运动员在PT Sriwijaya Optimis Mandiri终止雇佣协议的理由。根据印尼民法,职业足球运动员雇佣协议的终止是否具有公正性,雇佣协议本身为什么会被签订,以及职业足球运动员雇佣协议是否有任何相关性和紧迫性。为了检验和回答上述问题,本文运用规范性法律研究分析了法律的可执行性,并结合法律材料,如对法理、成文法、法律规则和法律规范规则的研究。研究主要采用立法法(法规法)、概念法和案例法。研究结果表明,不可抗力的判定标准是由于政策或法规导致的国家力量。不可抗力成为了PT Sriwijaya Optimis Mandiri职业足球运动员终止合同的原因。而其特点是不可抗力条件具有暂时性、特殊性、相对性和易变性。不可抗力导致的雇佣协议终止符合公平原则,因为玩家可以接受这个决定,并且没有做出任何补救的努力。在这种情况下,公平的价值是一种成比例的交换正义价值观,玩家可以理解管理FC的困难,尽管他们也处于不利的条件下,因为没有不可避免的权力。职业足球运动员就业协议本身由于考虑更简单、快捷、经济,而公证员的就业协议理念对职业足球运动员非常重要,在使职业足球运动员就业协议工作由公证员专业执行时,当然也应该专业对待。但是,紧迫性仍然取决于各方的意愿(自愿)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
KEADAAN MEMAKSA (FORCE MAJEURE) SEBAGAI ALASAN PEMUTUSAN PERJANJIAN KERJA PEMAIN SEPAKBOLA PROFESIONAL DI PT SRIWIJAYA OPTIMIS MANDIRI
The Thesis Title Is "Force Majeure As A Reason Of Professional Football Player Employment Agreement Termination In PT Sriwijaya Optimis Mandiri". In This Research Formulated The Issue About The Criteria And Characteristics Of Force Majeure Condition  According To The Civil Law In Force In Indonesia, Which Can Be Used As A reason for termination of professional football player employment agreement in PT Sriwijaya Optimis Mandiri, is a termination of professional football player employment agreement have a fairness according to civil law in  Indonesia and why employment agreement was made itself and if there is any relevance and urgency if professional football player employment agreement made by Notary. To examine and answer problems mentioned above, this thesis using normative legal research that analyzed a legal enforceability, with legal materials, such as the research on the legal principles, positive law, legal rules, and rules of legal norms. Research use Legislation approach method (Statue Approach), Conceptual Approach and Case Approach. The research results indicate that criteria of force majeure which became the reason for termination of professional football players in PT Sriwijaya Optimis Mandiri is the state force due to policy or regulation. While its characteristics is a condition of force majeure are temporary, special, relative and temporer. Employment Agreement termination by reason of force majeure  that meets the Fairness, because the player can accept the decision and made no effort to remedy , The value of justice is seen in this case is a commutative justice values that are proportional, where players can understand the difficulty of management FC although they are also in unfavorable conditions, because there is no power that can not be avoided. Professional soccer player employment agreement made by itself because consideration is simpler, faster and more economically, while the idea of employment agreement made by Notary very relevant for professional soccer players should certainly be treated professionally also in making the employment agreement work performed by the Notary profession. However, the urgency remains dependent on the will of the parties (voluntary).
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