tag:blogger.com,1999:blog-89190446606942603492024-03-12T21:45:11.846-07:00Aaron TysonAaron Tyson, Its My Blog for Referring Education Journal PaperMack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-8919044660694260349.post-3820993790701705052019-12-27T05:55:00.001-08:002019-12-27T05:55:57.185-08:00Business Feasibility Study - Definition and Benefits<b>Business Feasibility Study - Definition and Benefits</b><br />
Business Feasibility Study - Definition, Benefits, Aspects, Materials, Stages, Examples: An activity that studies in depth about an activity or business to be carried out, to determine whether a business is feasible or not. The main purpose of this business feasibility study is of course that will standing can go as expected either in the short or long term.<br />
<br />
business feasibility study<br />
Understanding Business Feasibility Study<br />
Understanding Business Feasibility Study according to Kasmir and Jakfar (2003) is an activity that studies deeply about an activity or business to be carried out, to determine whether a business is feasible or not.<br />
the main objective of this business feasibility study is that of course the one that will stand up can run according to expectations both in the short and long term and to measure how big the business potential is in both supportive and unsupportive situations.<br />
Understanding Project feasibility study is a temporary activity that takes place in a limited period of time with the allocation of certain resources and is intended to carry out tasks whose objectives are clearly outlined.<br />
For example: building factories, making new products or participating in trade shows.<br />
<br />
Project profile features:<br />
Having a specific goal, final product, or final work<br />
Costs, work schedules, resources, and required quality criteria have been determined<br />
Activities are temporary, in the sense that their age is limited by the completion of tasks. The starting and ending points of activities are clearly defined.<br />
Activities are not routine, not repetitive. The type and intensity of activities change only as long as the project is in progress.<br />
Differences between business feasibility studies and project feasibility studies:<br />
A business feasibility study is a study of a business plan that not only analyzes whether a business is feasible or not feasible to be built, but also when it is routinely operationalized in order to achieve maximum profits for an undetermined time.<br />
For example: launching a new product.<br />
While the project feasibility study is a study of the feasibility of a project being built for a certain period of time.<br />
Factors that make this business feasibility study experience errors include: data and information obtained is incomplete, inaccurate, wrong calculation, wrong job implementation, environmental conditions or intentional elements by the manufacturer.<br />
<br />
Some preparations before carrying out a business feasibility study:<br />
Data and information collection<br />
Data processing<br />
Data analysis<br />
Decision making<br />
Benefits of a business feasibility study:<br />
Investors<br />
Before investing in companies that will run investors will study the business feasibility report that has been made, because investors have a direct interest in the benefits to be obtained and capital guarantees to be invested.<br />
<br />
Creditors<br />
Before giving credit, the bank needs to review the business feasibility study and consider the bonafideity and availability of collateral owned.<br />
<br />
Company Management<br />
As a company management leader also requires a business feasibility study to find out the funds needed, how much is allocated from their own capital, funding plans from investors and creditors.<br />
<br />
Government and Society<br />
Companies that will stand must pay attention to policies set by the government so that they can be prioritized to be assisted by the government.<br />
<br />
For Economic Development Goals<br />
The business feasibility study needs to be analyzed the benefits that will be obtained and the costs incurred by the project to the national economy, because as far as possible the project is made for the achievement of national goals.<br />
<br />
Stages and Examples of Business Feasibility Studies<br />
In conducting a business feasibility study there are several stages of study that should be undertaken, the following are several stages:<br />
<br />
Idea Discovery<br />
In order to generate project ideas that can produce salable products for sale and profitability, it requires well-organized research and adequate support of resources. If more than one project idea is chosen, paying attention to:<br />
project ideas in accordance with his conscience<br />
decision makers are able to involve themselves in things that are technical<br />
confidence in the project's ability to generate profits.<br />
For example, some project ideas that qualify after being selected are ideas about the wedding dress rental business, motorcycle rental, computer rental.<br />
<br />
Research Stage<br />
After the project idea has been selected, a more in-depth study with the scientific method is carried out:<br />
collecting data<br />
processing data<br />
analyze and interpret the results of data processing<br />
deduce the results<br />
make a result report<br />
For example: based on the example above 3 types of project ideas have been determined. Furthermore, the three project ideas are examined through their aspects broadly enough and deeply to get input to evaluate these ideas.<br />
<br />
Evaluation Stage<br />
i.e. comparing things with one or more standards or criteria that are quantitative or qualitative. things that are compared in a business evaluation are all the costs that will be incurred by the business proposal and the benefits or benefits that are expected to be obtained.<br />
<br />
There are 3 types of evaluations:<br />
evaluating the project business to be established<br />
evaluating the project to be built<br />
evaluating businesses that are already routinely operational<br />
After evaluating the three project ideas above, for example, only two project ideas were deemed feasible, namely motorcycle rental and computer rental.<br />
In a business evaluation that will be compared are all costs that will be incurred by the business proposal as well as the benefits or benefits that will be expected to be obtained.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-43393098835984204422019-12-27T05:54:00.002-08:002019-12-27T05:54:16.669-08:00Aspects of Business Feasibility Study<b>Aspects of Business Feasibility Study</b><br />
The process of analyzing each aspect is interrelated between one spec and other aspects so that the results of the analysis of these aspects become integrated. For example, when a researcher is analyzing financial aspects, he should utilize the analytical results of other aspects, although it is still possible to find the required data in accordance with his needs directly from the field. For more clearly see the following picture;<br />
<br />
Market Aspects<br />
The assessment of market aspects is important because there are no successful business projects without the demand for goods / services produced by the project. Basically, the analysis of market aspects aims, among other things, to find out how much market area, demand growth, and market share of the product concerned. Discussion of aspects of the feasibility study begins with aspects of the market and marketing. The reason why this aspect was put at the beginning of the systematic discussion of the feasibility study, included:<br />
Products produced by the company must be marketable. If not, the feasibility study analysis activity should be stopped.<br />
The tendency of demand for products to be produced must indicate an increase. If it decreases, the feasibility study process for the establishment should be stopped, unless the object of the study is development.<br />
The material content of the product does not contain elements that are prohibited by the state or religion. If there is a legal aspect, it will not be recommended and must be stopped.<br />
Technical and chronological aspects are very much determined by the results of recommendations from market aspects, especially those related to the selection of tools and machines.<br />
Internal aspects of the company<br />
In the internal aspects of the company is divided into several aspects:<br />
<br />
Marketing aspects<br />
The company's activities are aimed at selling goods or services produced by the company to the market. Therefore, this aspect is responsible for determining the characteristics of the market to be chosen. The feasibility analysis of this aspect is primary in terms of;<br />
Determination of segments, targets, and product positions in the market.<br />
Study to find out potential customers, such as about their attitudes, behavior, and satisfaction with the product.<br />
Determine policy strategies and marketing programs to be implemented.<br />
<br />
Technical and Technology Aspects<br />
The technical aspects are aspects relating to the operation and process of project development technically after the project / business has been completed / established. Based on this analysis it can also be seen that the initial design of investment cost estimation including the start up cost / pre operational project that will be implemented.<br />
Study of technical and technological aspects will reveal what needs are needed and how technically the production process will be carried out. For the manufacturing industry business, for example, it is necessary to study the production capacity, the type of technology used, the use of equipment and machinery, the location of the factory, and the layout of the factories that are most profitable. then from that conclusion, plans can be made for the amount of the cost of procuring fixed assets.<br />
<br />
Human Resources Aspects<br />
This aspect requires a high imagination to imagine what form of organization will be built later when standing. After the organizational picture is formed with all its completeness, the human resources procurement process is then analyzed to occupy and hold the parts and functions of the organization as planned.<br />
Eligible Proposal Sequence Phase<br />
If there is more than one proposed business plan that is considered feasible, it is necessary to choose a business plan that has the highest score compared to other proposals based on predetermined assessment criteria.<br />
An evaluation of the two project ideas was carried out, apparently the decision making was only able to work on one project idea, for example the idea of a motorcycle rental project.<br />
<br />
Implementation Plan Phase<br />
After the business plan is chosen, it is necessary to make a work plan for implementing the project development. Starting from determining the type of work, the number and qualifications of planners, the availability of funds and other resources and management readiness.<br />
For example, after choosing a motorbike rental business plan, the implementation to build a motorbike rental business project and routine operational plans need to be prepared.<br />
<br />
Implementation Stage<br />
In the realization of project development project management is needed. After the project is completed, the next step is to carry out routine business operations. In order to always work effectively and efficiently in order to increase company profits, operations need studies to evaluate the business's financial, marketing, production and operating functions.<br />
The results of the evaluation can be used as feedback for the company to review this business process continuously.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-64349843046788556002019-12-27T05:50:00.003-08:002019-12-27T05:50:48.667-08:00Management Aspects<b>Management aspects</b><br />
Study of management aspects is carried out in two types<br />
<br />
Management when building business projects.<br />
Management when the business is operationalized routinely. It even happens, a lot happens, that business projects fail to be built or operationalized not because of other aspects, but because of weak management.<br />
<br />
Financial aspect<br />
Relating to the source of funds to be obtained and the projected return with the level of capital costs and sources of funds concerned.<br />
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There are several important data sources that will be used, namely:<br />
Initial data on market and marketing aspects such as: sales / demand projections, product prices, and marketing budget (costs).<br />
Operational and production data, in the form of: location plans for rental and purchase, cost of production (raw materials, TKL, supporting materials), and plans for the procurement of machinery, equipment, technology used.<br />
Personnel data, in the form of: recruitment fee plans, training costs, fixed wage costs, benefits, and others.<br />
Legality, in the form of: notary fees, principle licensing fees (for example, Ministry of Finance, Ministry of Trade, Ministry of Law, Ministry of Forestry, Ministry of Law, Ministry of Health, Ministry of Health, Ministry of National Education, etc.), operational licensing fees (Pemda).<br />
Economic and cultural aspects<br />
Relating to the impact given to the community due to the existence of a project:<br />
a. From a cultural point of view, it examines the impact of the existence of the project on the lives of local people, local customs.<br />
b. From an economic standpoint, whether the project can change or actually reduce the income per capita of the local population. Such as how much the level of income per capita of the population, national income or the average wage of local labor or UMR, etc.<br />
c. And in terms of social, whether the existence of the project area becomes increasingly crowded, traffic is increasingly smoother, there are lines of communication, electricity and other lighting, education of the local community.<br />
<br />
Legal and Legal Aspects<br />
Relating to the legal presence at which the project will be built which includes applicable legal provisions including:<br />
<br />
Permission:<br />
i) Location permit:<br />
certificate (land certificate), proof of the latest UN payment, recommendation from RT / RW / Kecamatan<br />
ii) Business license: Deed of establishment of the company from the local notary PT / CV or in the form of other legal entity.<br />
NPWP (taxpayer identification number), Company registration certificate, Business location permit from the local government<br />
Partnership certificate from the local government, Local SIUP, Issue issued by the Regional Office of the Ministry of Information<br />
<br />
Several factors are used as a basis in the feasibility assessment, namely:<br />
What legal entity is the most suitable form of formal business entity to be established<br />
Business commodities include the types of merchandise (commodities) permitted or prohibited by law<br />
How to do business violates religious law or not<br />
Operational technical obtains permission from the relevant agency / department / service or not.<br />
External environmental impact aspects<br />
The aspect of environmental impact is the analysis most needed at this time, because every project that is carried out will have a very large impact on the surrounding environment, including:<br />
Impact on water<br />
Impact on soil<br />
Impact on air<br />
Impact on human health<br />
In the end, the establishment of a business will have an impact on the physical life, flora and fauna that surround the business as a whole.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-40022243644827453812019-12-27T05:42:00.003-08:002019-12-27T05:42:36.383-08:00Seizure of Inheritance<b>Seizure of Inheritance</b><br />
According to the Civil Code (Civil Code), there are two ways to obtain inheritance: absentatio and testament.<br />
Inheritance based on testamentair means inheritance is based on the will of a deceased person (the testator). Inheritance with the will must be made with a will. A will or testament is a letter or deed containing a person's statement about what he wants later on his wealth after he dies.<br />
A will must be made in the form of a deed or letter (signed by the testator), and may not be in verbal form only. The letter must contain a strict statement from the testator about what will happen to his assets if he dies later. Before the testator dies, the will can still be revoked or changed by the testator.<br />
<br />
In order for a will to be of legal value and not defective, the following must be considered:<br />
The heir must be an adult, that is, he must be at least 21 years old.<br />
The inheritance object to be inherited must be clear and explicit, and is the property of the testator.<br />
The object of inheritance is not something that is against the law or contrary to decency and public interest.<br />
The heir has a sound mind (is not disturbed by his soul), signs a will without pressure or coercion, is not in error or error, and is not under control.<br />
Absentatio inheritance is inheritance according to the law because of family relations (blood relations). In contrast to absentatio, inheritance based on testamentair is done by designation, namely the heir (the person who left the inheritance) during his life has made a will (testament) which designates someone to receive the inheritance he left behind later.<br />
<br />
Inheritance absentatio divides the heirs of 4 (four) groups:<br />
Group I, i.e. if the heir is married, the heirs will be the wife / husband and / or children of the heir.<br />
Group II, i.e. if the heir is not married, or has been married but is divorced and has no children (do not have heirs of Golongn I), then the heirs are parents (father and mother) and / or siblings.<br />
Group III, If the heir does not have a familial relationship in Group I and Group II above, then the heirs are the family in a straight line up, both from father and mother.<br />
Group IV, if the heir does not have familial relations in Group I, Group II and Group III above, then the heirs are the relatives of the heirs in the lineage sideways to the sixth degree.<br />
Below is an example of the case for the Seizure of Inheritance, in which a former husband who has died and his property becomes a struggle between the deceased mother and ex-wife of the deceased, the following is the story.<br />
<br />
Adi Firansyah Legacy Seizure Session<br />
The case of the struggle for the legacy of the late Adi Firansyah finally wrote to the Court. The first trial of this case was held on Thursday yesterday at the Religious Court. The legacy of the young pesinetron who died in a motorcycle accident, became a dispute between the late mother and Nielsa Lubis, Adi's ex-wife.<br />
Nielsa demanded that Adi's inheritance be immediately divided. Nielsa reasoned that she only fought for the rights of Chavia, the daughter of her marriage to Adi. While Ibu Adi said that basically, she did not object to the distribution of her deceased son's assets. But regarding the house in Cikunir, Bekasi, he insisted it would not sell, waiting for the big Chavia.<br />
According to Nielsa Lubis, Former Wife Alm Adi Firansyah, "I want a peaceful settlement and for the distribution of inheritance anyway for Chavia anyway. We have tried it as a family but there is no solution. "<br />
According to Mrs. Jenny Nuraeni, Alm Almadi Firansyah's Mother, "If the division is sure to be given to Nielsa and Chavia. Distribution for Chavia 50% and in the notary must be written for me, Nielsa and Chavia. The house will not be sold waiting for Chavia to grow up. "<br />
Apart from fighting for rights, the emergence of this problem invited concern. Because the fuss over inheritance feels embarrassing. In addition, it is very unfortunate if because of this problem the family relationship of the deceased with Nielsa became a tapered mine.<br />
Before this, they were no longer in communication. Good relations should continue to be maintained, even though Adi and Nielsa are divorced, because this can affect the psychological development of Chavia.<br />
"I have never communicated since divorce and my in-laws have never communicated with Chavia (rarely)," Nielsa Lubis said.<br />
"How can I still be in-law and I'm very disappointed with him. I am ready to give love for Chavia's rights, "said Mrs. Jenny Nuraeni.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-28831606278464147452019-12-27T05:42:00.002-08:002019-12-27T05:42:22.566-08:00Understanding Civil Law According to Experts<b>Understanding Civil Law According to Experts</b><br />
According to Riduan Syahrani<br />
Civil Law is a law that regulates the legal relationship between one person and another in society that focuses on the interests of individuals (personal).<br />
<br />
According to Salim HS<br />
Civil law is all the legal norms, both written and unwritten which regulate the relationship between legal subjects with one another in family relations and in social relations.<br />
<br />
According to Sri Soedewi Masjchoen Sofwan<br />
Civil Law is a law that regulates an interest between one individual citizen and another individual citizen.<br />
<br />
Examples of Civil Law<br />
Divorce Case<br />
A wife who wants to file for divorce from her husband in the Religious Court (PA) with the following data:<br />
Name: Rani Anggraeni<br />
Age: 32 years<br />
Islam<br />
Job: Private Employee<br />
Status: Married<br />
Children: 1 boy, 4 years old<br />
<br />
Problems / Chronology<br />
Rani Anggraeni married in Jakarta with her husband 6 years ago (in 2005). Blessed with 1 son, 4 years old. Rani has actually been experiencing domestic violence for a long time, her husband is a former child of a rich man who is not clear what his work is and often behaves very rudely to Rani, such as shouting, saying dirty, harassing and the worst is often hitting.<br />
So finally Rani often can not stand to think about divorce. The existence of deliberations and family meetings have been held several times but still do not change the behavior of her husband. Even so severe where the husband relinquishes his responsibilities as a husband and father because for 2 years the husband has not provided a living for his wife and children.<br />
Until finally, Rani felt threatened her life where the incident happened in April 2011, Rani was hit / punched in the eye until it was blue which ended in violence against her only child too. After that incident, Rani decided to divorce.<br />
The divorce process is carried out in accordance with Article 1 Chapter I General Provisions PP No. 9/1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage.<br />
<br />
Steps:<br />
Determine Which Court is Authorized<br />
Rani must determine which Religious Court to register. Because if it is wrong to register for divorce in an unauthorized court, the claim can be rejected by the judge. In the law, it is regulated that if the person who filed for divorce of the wife (Muslim), the Religious Court has the authority of the Religious Court in the area in accordance with the wife's last residence area.<br />
If the person who filed for divorce is the husband (Muslim), then the Religious Court is a Religious Court in the area in accordance with the area where the wife lives.<br />
<br />
Note:<br />
So the Religious Court authorized to process divorce cases is the appropriate Religious Court of the wife's territory, it does not have to be the appropriate Religious Court of the wife / husband's ID card or not based on the Religious Court according to the area where they were married (both those who filed for divorce and wife husband). If Rani lives abroad, the lawsuit is filed in the PA where the husband lives. If Rani and her husband live abroad, then the lawsuit is filed with the Religious Court in the area where the two of you were married first, or to the Central Religious Court (Article 73 of Law No. 7/89 on Religious Courts)Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-6790997906462153962019-12-27T05:42:00.001-08:002019-12-27T05:42:13.380-08:00Moral, Protection and Principle of Suitability<b>Moral, Protection and Principle of Suitability</b><br />
Moral Principle<br />
This moral principle is bound in a reasonable engagement, that is, a voluntary act from a person cannot claim the right for him to challenge the achievements of the debtor. This can be seen in zaakwarneming, which is someone doing an act of voluntary (moral). The person concerned has a legal obligation to continue and complete his actions. One of the factors that motivates those involved in carrying out these legal actions is based on morality as a calling of conscience.<br />
<br />
Principle of Protection<br />
The principle of protection implies that between the debtor and creditor must be protected by law. However, the debtor needs to be protected because this party is in a weak position. These principles are the basis of the parties in determining and making a contract / agreement in daily legal activities. Thus it can be understood that the entire principle above is important and absolutely must be considered for the contract / agreement maker so that the final goal of an agreement can be reached and implemented as desired by the parties.<br />
<br />
Principle of Suitability.<br />
The principle of propriety is contained in Article 1339 of the Indonesian Criminal Code. This principle is related to the provisions regarding the contents of the agreement required by propriety based on the nature of the agreement.<br />
<br />
Principle of Personality<br />
The principle of personality is a principle that determines that a person who will make and / or make a contract is only for the benefit of individuals. This can be seen in Article 1315 and Article 1340 of the Indonesian Criminal Code.<br />
<br />
The Principle of Good Faith<br />
The principle of good faith is listed in Article 1338 paragraph (3) of the Indonesian Criminal Code which reads: "The agreement must be carried out in good faith." from the parties. [9]<br />
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<br />
Understanding Civil Law According to Experts<br />
According to Mr. E.M. Mejers<br />
Civil law is a law that regulates the rights granted to individuals or someone who is given fully to establish with them, if he will use these rights, can fully through his own interests.<br />
<br />
According to Mr. H.J. Hamaker<br />
Civil law is a law that generally applies, that is, which makes rules about the behavior of people in society in general.<br />
<br />
According to Tutik Quarterly Point<br />
the law of objects is a provision governing material rights and immaterial goods.<br />
<br />
According to P.N.H.Simanjuntak,<br />
material law that is the legal regulations governing absolute material rights.<br />
<br />
According to Prof. Soediman Kartihadiprojo<br />
that material laws are all the rules of law that govern what is interpreted by objects and regulate the rights to objects.<br />
<br />
According to Prof. L.J Van Apel Doorn,<br />
that is, material law is a regulation regarding material rights.<br />
<br />
According to Prof. Sri Soedewi Masjchoen Sofwan<br />
also stated the scope regulated in the law of the body, as follows: What is regulated in the law of the body? First the law of matter governs the understanding of matter, then the differentiation of the kinds of things and then the largest part governs the hardening of various material rights.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-54612855962384149332019-12-27T05:42:00.000-08:002019-12-27T05:42:06.230-08:00Principles of Civil Law<b>Principles of Civil Law</b><br />
Meanwhile, Russia is one of the countries that is quite advanced in the development of law, especially civil law, because in this country has established the Civil Code Law of the Russian Federation, which is called The Civil Code of the Russian Federation. The Russian Federation Civil Code is stipulated in two stages, namely: [8]<br />
<br />
The first phase was set in 2003<br />
The second phase was set for December 18, 2006.<br />
The Russian Civil Code consists of 1551 articles or articles and four sections and each is divided into divisions. The French Civil Code consists of four books and consists of parts and articles, the number of articles listed in the French Civil Code, which is 2302 articles. The German Civil Code or also called the German Civil Code or Bürgerlichen Gesetzbuches (BGB) consists of four books and 2385 articles, and was set on 18 August 1896.<br />
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<br />
Principles of Civil Law<br />
Some of the principles contained in the Civil Code which are very important in Civil Law are:<br />
<br />
Principle of Freedom of Contract<br />
This principle implies that anyone can enter into any agreement, whether it has been regulated in the law, or that has not been regulated in the law (see Article 1338 of the Indonesian Criminal Code).<br />
<br />
Principle of Consensualism<br />
The principle of consensualism can be concluded in Article 1320 paragraph (1) of the Indonesian Criminal Code. In this article it is determined that one of the conditions for the validity of the agreement is the existence of said agreement between the two parties. This principle is a principle which states that agreements are generally not formally held, but sufficient with the agreement of both parties. An agreement is a match between the will and the statement made by both parties.<br />
<br />
Principle of Trust<br />
The principle of trust implies that everyone who will enter into an agreement will fulfill every achievement held between them in the back of the day.<br />
<br />
Principle of Binding Strength<br />
The principle of binding force is the principle which states that the agreement is only binding for the parties who bind themselves to the agreement and is only binding.<br />
<br />
The principle of legal equality,<br />
The principle of equality of law implies that the legal subjects entering into an agreement have the same status, rights and obligations in law. They should not be distinguished from one another, even though the legal subjects differ in color, religion, and race.<br />
<br />
Principle of Balance,<br />
The principle of balance is a principle that requires both parties to fulfill and implement the agreement. The creditor has the power to demand achievements and if needed can demand payment of achievement through the debtor's wealth, but the debtor also bears the obligation to carry out the agreement in good faith<br />
<br />
Principle of Legal Certainty,<br />
The principle of legal certainty or also called the pacta sunt servanda principle is a principle that relates to the consequences of the agreement. The principle of pacta sunt servanda is the principle that judges or third parties must respect the substance of the contract made by the parties, as befits a law. They may not intervene in the substance of the contract made by the parties.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-70887785570993537242019-12-27T05:39:00.005-08:002019-12-27T05:39:56.103-08:00Material and Formal Civil Law<b>Material and Formal Civil Law</b><br />
Material Civil Law<br />
The understanding of material civil law is to explain what actions can be punished as well as what penalties can be imposed. Material law determines the contents of an agreement, a relationship or an act. In terms of material law attention is paid to the contents of the regulations.<br />
<br />
Formal Civil Law<br />
The definition of formal civil law is to show how to maintain or carry out these regulations and in disputes the formal law shows how to settle before a judge. Formal law is also called Acaara law. In formal legal terms, attention is paid to how to maintain / implement the contents of the regulations. [2]<br />
<br />
Civil Law Sources<br />
The source of the law is anything that gives rise to rules that have force that is coercive, namely rules which if violated result in the emergence of strict and real sanctions. The source of civil law is the origin of civil law or the place where civil law is found. [4]<br />
Volamar divides the source of civil law into four types. Namely the Civil Code, treaties, jurisprudence, and habits. Of the four sources are further divided into two kinds, namely written and unwritten civil law sources. What is meant by a written source of civil law is a place where civil law rules are found from a written source.<br />
Generally written rules of civil law are contained in legislation, treaties and jurisprudence. The source of unwritten civil law is the place where civil law rules are found that originate from unwritten sources. As it is in customary law.<br />
<br />
The sources of written civil law are:<br />
AB (algemene bepalingen van Wetgeving) general provisions of the Dutch East Indies government<br />
Civil Code (BW)<br />
KUH trade<br />
Law No. 1 of 1974<br />
Law No 5 of 1960 concerning Agrarian Affairs. [5]<br />
Also Read Articles That May Be Related: Legal Terms (Advocates) in the World in Complete<br />
<br />
Civil Law Systematics<br />
Systematics, which is in English, is called systematics, the Dutch language, namely systematics, namely the composition or structure of the Civil Code. In countries that follow the Common Law system, there is no division between public law and private law.<br />
<br />
So that the civil law is not made in a codification, but the provisions relating to civil law are scattered in various acts or laws. However, in the legal system that adheres to Civil Law, the main source of law, namely the codified law contained in the Civil Code. The following is presented systematically the Civil Code that applies in the World, the Netherlands, Russia, France and Germany. [6]<br />
<br />
Systematic Civil Code applicable in the World, includes:<br />
Book I: about people<br />
Book I: concerning Civil Law<br />
Book III: about Fisheries<br />
Book IV: Proof and Expiration<br />
In the Netherlands, the Civil Code has been perfected. With this improvement, a systematic change took place, which originally consisted of only five books, which included:<br />
Book I: about the law of people and family (Personen-en-Familierecht)<br />
Book II: about Legal Entities (Rechrspersoon)<br />
Book III: about material laws (Van Verbindtenissen)<br />
Book IV: about Expiration (Van Verjaring)<br />
<br />
The five books have been perfected into ten books. The ten books, covering [7]<br />
Book 1: Person and Family Law (People and Family Law)<br />
Book 2: Legal Person<br />
Book 3: Property Law in General (General property law)<br />
Book 4: Succession (inheritance) (inheritance law)<br />
Book 5: Real Property Rights (property rights)<br />
Book 6: Bonds and Contracts (engagements and contracts)<br />
Book 7: Particular Contracts (revised) (special agreement)<br />
Book 7: Particular Contracts (unrevised) (special agreement)<br />
Book 8: Transport Law<br />
Book 9: Intellectual Property<br />
Book 10: Private International Law (international civil law)Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-76916940214039144252019-12-27T05:39:00.004-08:002019-12-27T05:39:46.952-08:00Entrepreneurs' Rights and Obligations in Law of Economic Aspects<b>Entrepreneurs' Rights and Obligations in Law of Economic Aspects</b><br />
In Article 124 paragraph (1) of the UUK it is stated that the Collective Labor Agreement contains at least:<br />
Entrepreneurs' rights and obligations;<br />
Rights and obligations of trade / labor unions and workers / laborers;<br />
The period and date when the collective labor agreement will take effect;<br />
The signatures of the parties working together.<br />
Work agreements made by employers and workers / laborers must not conflict with the Collective Labor Agreement (Article 127 paragraph (1) UUK). In the event that the provisions in the Work Agreement are contrary to the Collective Labor Agreement, the provisions in the Work Agreement are null and void and the applicable provisions are those in the Collective Labor Agreement (Article 127 paragraph (2) UUK). Likewise, if the Work Agreement does not contain the rules stipulated in the Collective Labor Agreement, the rules in the Collective Labor Agreement (Article 128 UUK) apply.<br />
<br />
Law of Economic Aspects<br />
Law according to article 499 of the Criminal Code, namely objects. Objects are all things that are useful for legal subjects or everything that is the main problem and interest for legal subjects. The law of objects is the law that governs the relationship between legal subjects and legal objects. The objects in question are movable and immovable objects which are divided based on the nature and purpose of their use and the provisions of the laws that govern them.<br />
<br />
The difference between movable and immovable objects in the sense of judicial relates to:<br />
Bezit<br />
Levering<br />
Expired<br />
Loading<br />
Within the framework of the National Objects Bill, objects can be divided into:<br />
<br />
Land and not land<br />
Tangible and intangible<br />
registered and unregistered<br />
Move and stay<br />
1. Movable objects, according to their nature in article 509 of the Criminal Code are objects that are moved, for example tables, chairs, livestock and so on. Movable objects according to the law, article 511 of the Criminal Code is the rights to movable objects such as the right to collect the results of movable objects, and so on.<br />
2. Immovable objects, because of its nature ie the soil and everything attached to it, for example trees, statues, statues. Objects move because of their purpose, namely machine tools used in factories. Immovable property because of the provisions of the law, this is in the form of rights over immovable objects, for example the use rights on immovable objects, mortgages and so on.<br />
<br />
Moving and not moving objects relate to 4 things:<br />
Ownership (bezit), i.e. in the case of movable objects, the principles listed in article 1977 of the Criminal Code mean that bezitters from movable objects are eigenaar (owners) of the goods, whereas for immovable objects this is not the case.<br />
Submission (levering), i.e. to moving objects can be surrendered in real (hand by hand) or from hand to hand, whereas for immovable objects is carried out behind the name.<br />
Expiry (verjaring), i.e. for objects not knowing expiration, because bezite here is the same as eigendom (ownership) of the movable object, whereas for immovable objects recognize the existence of expiration.<br />
Charging (bezwaring), ie for movable objects is carried out with a pand (pawn), while for immovable objects with mortgages is a mortgage right to land as well as objects other than land using fiduciary.<br />
Also Read Articles That May Be Related: Definition of the Death Penalty According to Experts in the WorldMack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-42183208655671051002019-12-27T05:39:00.003-08:002019-12-27T05:39:31.243-08:00Cooperation Contract Law<b>Cooperation Contract Law</b><br />
The Civil Code gives freedom to the parties who entered into an agreement to form an agreement inside and outside the Civil Code itself. This regulation applies to all parties who enter into an agreement, which is not contrary to the law, the norms of decency that apply. The agreement was born because of an agreement, the same will (consensus) of the parties.<br />
<br />
This means that the agreement is not held formally only, but also consensually. In everyday life, an assumption has been created that the contract is a formal form of an agreement that is valid for a certain period of time made in written form General provisions of the agreement letter contained in the Civil Code in Book III Chapter II, while regarding special agreements regulated in Book III Chapter XVIII. In Book III Chapter II Civil Code entitled "About the engagement that was born from a contract or agreement".<br />
<br />
Article 1313<br />
An agreement is an act where one or more people commit themselves to one or more other people.<br />
<br />
Article 1314<br />
An agreement is made free or burdensome. A free agreement is an agreement, that one party will give an advantage to the other party without receiving compensation. A burdensome agreement is an agreement that requires each party to give something, do something or not do something.<br />
<br />
Article 1315<br />
In general, a person cannot enter into a binding agreement or agreement other than for himself.<br />
<br />
Article 1316<br />
A person may assume a third party and promise that the third party will do something, but this does not reduce the claim for compensation against the guarantor or the person who promised it, if the third party refuses to fulfill the agreement.<br />
<br />
Article 1317<br />
Agreements can also be made for the benefit of a third person, if an agreement made for yourself, or a gift to another person, contains such conditions. Anyone who has determined a condition, may not withdraw it, if a third party has said it will use that condition.<br />
<br />
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Employee, Labor or Company Relations Law<br />
Employment agreement<br />
Based on Article 1601 a Civil Code provides the following understanding: "Employment Agreement is an agreement in which the first party (the worker), binds himself to under the orders of the other party, the employer for a certain time does work by receiving wages."<br />
As part of the agreement in general, the employment agreement must fulfill the legality requirements of the agreement as stipulated in Article 1320 of the Civil Code. This provision is also stated in Article 52 paragraph (1) of the Law on Manpower which states that an employment agreement is made based on:<br />
<br />
Both side agreement<br />
Ability or ability to do legal actions<br />
The promised work<br />
The work promised must not be contrary to public order, decency, and the provisions of the applicable laws and regulations.<br />
Collective labor agreement<br />
Collective labor agreement is an agreement that results from negotiations between trade unions / labor unions or several trade unions / labor unions registered with the agency responsible for manpower and employers, or several employers or employers' associations that contain terms of employment, rights, and the obligations of both parties (Article 1 number 21 UUK).Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-16849041785972267312019-12-27T05:39:00.002-08:002019-12-27T05:39:19.869-08:00The Sources of World Trade Law<b>The Sources of World Trade Law that have been codified are:</b><br />
Civil Code (Civil Code)<br />
The Civil Code is divided into 4 (four) books / books, namely Book I regulates People (van Personen), Book II regulates Objects (van Zaken), Book III regulates Engagement (van Verbintenissen), and Book IV regulates Proof and Expired (van Bewijs en Verjaring). Part of the Civil Code governing Commercial Law is Book III and a small portion of Book II.<br />
<br />
Book of Commercial Law (KUHD),<br />
KUHD is divided into 2 (two) books / books and 23 (twenty three) chapters. Book I consists of 10 (ten) chapters and Book II consists of 13 (thirteen) chapters. The main contents of the Criminal Code are as follows:<br />
<br />
Book I about General Trade:<br />
Chapter I: Articles 2, 3, 4, and 5 are abolished.<br />
Chapter II: About holding books (Article 6 no longer applies).<br />
Chapter III: About several types of companies.<br />
Chapter IV: About the trading market, broker, and cashier.<br />
Chapter V: About the commissioners, expeditors, transporters, and about boat masters who cross rivers and inland waters.<br />
Chapter VI: About promissory notes and order letters.<br />
Chapter VII: Concerning checks, promissory notes, and receipts to carriers (aan toonder).<br />
Chapter VIII: Regarding billboards or re-prosecution in the event of bankruptcy.<br />
Chapter IX: About insurance and general coverage.<br />
Chapter X: Regarding the insurance against fire, the dangers that threaten agricultural products that have not been met, and life insurance.<br />
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<br />
Legal Accounts Payable<br />
Article 1320 Civil Code<br />
An agreement is declared valid, if it fulfills 4 (four) conditions as regulated in Article 1320 of the Civil Code, which is as follows:<br />
<br />
Their agreement is binding.<br />
The ability to make an engagement.<br />
A certain thing<br />
A halal cause (halal causa).<br />
Law Number 10 of 1998<br />
The use of the term credit is also regulated in Law No. 10 of 1998 concerning changes to Law No. 7 of 1992 concerning banking, which in article 1 number 11 states that: "Credit is the provision of money or bills that can be equivalent, based on an agreement or loan agreement between the bank and another party that requires the borrower to pay off the debt after the period of time certain by giving flowers "<br />
<br />
Article 224 Hezien Inlandsch Reglement<br />
According to grosse, the Debt Recognition Deed is a copy of a Notariil debt acknowledgment deed given to the parties concerned. If the deed grosse fulfills the provisions / conditions as regulated in article 224 of the HIR, the deed grosse has an external force as well as a judge's decision that has permanent legal force.<br />
However, if the Grosse deed does not meet the provisions or conditions as regulated in article 224 of the HIR, then the Grosse deed is flawed, the juridical deed does not have an executorial power so that if the debtor defaults or is negligent of his obligations, then the bank must submit a civil claim through the court.<br />
<br />
Article 1820 Civil Code<br />
The debt protection agreement is regulated in Article 1820-1850 of the Civil Code. What is meant by the guarantee is: "An agreement in which a third party, in the interest of the creditor, binds himself to fulfill the debtor's engagement, if the debtor does not fulfill his agreement" (Article 1820 Civil Code)<br />
<br />
Article 1381 Civil Code<br />
The article states that there are 8 ways to delete an agreement, namely:<br />
<br />
Payment<br />
Payment offer followed by deposit.<br />
Debt renewal (innovation)<br />
Debt encounter (compensation)<br />
Mixed debt.<br />
Debt relief.<br />
Out of date<br />
Article 1316 Civil Code<br />
An individual guarantee is a guarantee for the fulfillment of the obligations of the debtor, which is guaranteed to be fulfilled in whole or until a certain part, the property of the guarantor (the guarantor) can be confiscated and auctioned according to the provisions regarding the execution of the court's decision.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-80974360453242714772019-12-27T05:39:00.001-08:002019-12-27T05:39:10.772-08:00Civil Law Since IndependenceCivil Law Since Independence<br />
Civil Law during the Dutch colonial period<br />
As a colony, the law in force in World is the law of the colonizing nation. The same is true for civil law. The civil law imposed by the Dutch for World experienced adoption and a very long historical journey.<br />
In the perspective of historical law, civil law in force in World is divided into two periods, namely the period before World's independence and the period after World's independence. [10]<br />
Initially the Dutch civil law was drafted by a committee formed in 1814 chaired by Mr.J.M Kempers (1776-1824). In 1816, Kempers conveyed that the legal code plan during the Dutch administration was based on the ancient Dutch law named Kempers. On the way for the Tiong Hoa and non-Tiong Hoa people to experience differences in the implementation of legislation in civil law.<br />
<br />
Civil Law since Independence<br />
Civil law in force in World is based on article II of the transitional rules of the 1945 Constitution, which in principle determines that all regulations are declared to be still valid before a new regulation is held according to the Constitution including Dutch civil law in force in World. This is to prevent the occurrence of a legal vacuum (Rechtvacum), in the area of Civil Law.<br />
According to Sudikno Mertokusumo, the validity of the Dutch civil law in World is based on a number of considerations. In addition, overall World civil law in its history has undergone several processes of change in which the changes are adjusted to the conditions of the World people themselves. This civil law covers six discussions, namely: Agrarian Law, Marriage Law, Receptive Islamic Law, Underwriting Rights and Objects Related to Land, Fiduciary Security, and the Deposit Insurance Agency. [11]<br />
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<br />
Code of Civil law<br />
Civil law in World is based on civil law in the Netherlands, especially Dutch civil law during the colonial period. Even the Civil Code (known as the World Criminal Code) that applies in World is none other than an inaccurate translation of "Burgerlijk Wetboek" (or known as BW) that applies in the Dutch kingdom and is enforced in World (and the Dutch colony) based on the principle concordance.<br />
For World, which was then still called the Dutch East Indies, BW was enacted from 1859. The Dutch civil law itself was adapted from the civil law in force in France with several adjustments.<br />
<br />
The Civil Code (abbreviated KUHPer) consists of four parts, namely:<br />
Book I about People, regulates individual law and family law, which is the law that regulates the status and rights and obligations possessed by legal subjects.<br />
Book II about Material, regulates the law of objects, namely the law governing the rights and obligations of legal subjects related to objects, including material rights, inheritance and guarantees.<br />
Book III of the Agreement, regulates the law of the engagement or sometimes also called an agreement (although this term actually has a different meaning), namely the law governing rights and obligations between legal subjects in the field of engagement, including the types of engagement (consisting from agreements that arise from (stipulated) laws and agreements that arise from the existence of an agreement), terms and procedures for making an agreement.<br />
Book IV on Expiry and Proof, regulates the rights and obligations of legal subjects (especially limits or deadlines) in using their rights in civil law and matters relating to proof.<br />
<br />
Article in Civil Law<br />
Commercial law<br />
Trade is the entire rule of law applicable in trade or business traffic originating from codified or existing rules of law that are outside the codification. From the understanding of commercial law, it can be seen that the source of commercial law comes from codified and non-codified legal rules.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-21207444696861999192019-12-27T05:39:00.000-08:002019-12-27T05:39:01.434-08:00Understanding and History Civil Law<b>Understanding and History Civil Law</b><br />
Understanding Civil Law, History, Principles, Sources, Systems and According to experts. World civil law is a set of regulations containing orders and prohibitions made by the authorities so that enforcement can be used to regulate society for the creation of order accompanied by sanctions for violators. One area of law that regulates the rights and obligations of the legal subject and the relationship between legal subjects.<br />
<br />
Civil law<br />
Understanding Civil Law<br />
Etymologically civil law consists of two words, namely law and civil law. law means rules, laws or norms. while civil is the relationship of one person to another. therefore, it can be concluded that civil law is the law governing the relationships of people with one another.<br />
technologically, experts differ in their opinions and provide an explanation of civil law, including:<br />
<br />
Civil law is a provision that regulates the rights and interests of individuals in society.<br />
Civil Law is a series of legal regulations governing the legal relationship between one person and another by focusing on the interests of individuals.<br />
Civil law is the provisions that regulate and limit human behavior in fulfilling their interests.<br />
Civil Law is the provisions and regulations that govern and limit the life of a person or person in an effort to meet the needs or interests of his life.<br />
Meanwhile, the Civil Code and the Commercial Code have a close relationship that cannot be separated from one another.<br />
Civil law is all basic laws that govern the interests of individual interests. Civil law in World applies to:<br />
For the native World class, customary law is a law that has always been in effect among the people, most of which are still not written but live in the actions of the people, concerning all matters in community life.<br />
For non-native citizens from China and Europe the KUHPer and KUHD apply.<br />
But in the end, for non-native citizens who are not from China and Europe, a portion of burgerlij wetboek is also applied, which is basically only the part concerning the property law.<br />
<br />
World Civil Law is all objects of rights that can become objects of ownership, both in the sense of "tangible objects" and "intangible objects", as referred to in article 499 of the Civil Code.<br />
<br />
Civil law is also called private law or civil law as opposed to public law. If public law regulates matters relating to the state and public interests such as politics and elections (state administration law), daily government activities (administrative law or state administration), crime (criminal law), then civil law regulates the relationship between daily residents or citizens, such as one's maturity, marriage, divorce, death, inheritance, property, business activities and other civil actions.<br />
<br />
Also Read Articles That May Be Related: Business Law: Definition, Scope, Principles, Examples, and Functions<br />
<br />
History of Civil Law in World<br />
The written civil law in force in World is a product of the Dutch civil law which is enforced by asaskonordordance, ie the law in effect in the colonies (the Netherlands) is the same as the provisions in force in the colonizing country.<br />
<br />
Macrosubstantively the changes that occurred in World civil law: First, in the beginning World civil law was a provision of the Dutch East Indies government which was enforced in World (Algamene Bepalingen van Wetgeving) Netherlands.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-24721959140013065902019-12-27T05:38:00.000-08:002019-12-27T05:38:30.950-08:00Good and Correct Debate Structure<b>Good and Correct Debate Structure</b><br />
Understand well about mistakes in thinking, especially on problem solving. This also serves to find out the weaknesses of the argument given by the opponent.<br />
Present ideas that are accurate and can be justified. Also include valid data that can support arguments or ideas.<br />
Make conclusions that show the final statement with straightforward sentences and go straight to the point of the opponent's gap. Conveying conclusions do not need to be too long enough points that confirm the argument and delivered explicitly to show confidence that the argument.<br />
<br />
Debate steps that are usually applied in the classroom within the scope of high school:<br />
The teacher divides students into two groups of debate participants, one pro and the other cons.<br />
The teacher gives an assignment to read the material that will be debated by the two groups above.<br />
After completing reading the material, the teacher appoints one member of the pro group to speak at the time, then after the response group has finished responding. And so on until most students can express their opinions.<br />
While students present their ideas, the teacher writes the core / ideas of each conversation until they get the expected number of ideas.<br />
The teacher adds concepts / ideas that have not been revealed.<br />
From the data revealed, the teacher invites students to make<br />
Conclusions or summaries that refer to the topic to be achieved.<br />
<br />
Debate Structure<br />
Good and correct debate structure.<br />
Introductions must be made by each team or party (affirmations, opposition, and neutral).<br />
Submission of arguments. In the debate, each pro and contra team submitted their arguments or ideas about the motions that had been given. Submission of this argument starts from the pro team, then the contra team, then ends by the neutral team.<br />
Debating is the main thing. Each team is required to submit arguments and objections to the opponent.<br />
The conclusion is the final result of the debate which was preceded by a conclusion delivered by each team.<br />
Decisions are made from the results of voting, motions, resolutions, and so on. There are three types of decisions, namely decisions by listeners or decision by the audience, decisions by judges or decisions by judges, and decisions by criticism or decision by critique.<br />
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<br />
Language Rules of Debate Text<br />
Using complex sentences, debate texts usually use sentences that have more than one structure and more than one verb (complex sentences).<br />
Using conjunctions, in debate texts often utilize conjunctions to connect words or sentences.<br />
Using the word reference, the debate text usually uses the word reference as an information provider, like this, that, he, he, here, there, and so on.<br />
Nationalism is a concept that creates and maintains the sovereignty of a nation (in English "nation") by realizing a concept of shared identity for a group of people.<br />
Nationalism can show itself as a part of popular understanding of the state or movement (not the state) based on the opinions of citizens, ethnicity, culture, religion and ideology. The category is usually related and most theories of nationalism confuse some or all of these elements.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-79314766422826463962019-12-26T20:01:00.003-08:002019-12-26T20:01:48.009-08:00Form, Intent, and Debate Method<b>Form, Intent, and Debate Method</b><br />
Based on the form, purpose, and method, the debate is divided into 4 types, namely:<br />
<br />
1. Parliamentary Debate / Assembly (Assembly or Parliamentary Debating)<br />
The purpose and purpose of this assembly is to provide and increase support for a specific law and all members who wish to express their views and opinions speak in favor or against the proposal after obtaining permission from the assembly.<br />
<br />
2. Debate Examination Debate to Know the Truth of Previous Examination (Cross-Examination Debating)<br />
The purpose and purpose of this debate is to ask a series of questions which are closely related to each other, which will cause the individual who is asked to support the position that the questioner wants to establish and strengthen.<br />
<br />
3. Formal, Conventional, or Educational Debate (Formal, Conventional, or Educational Debating)<br />
The purpose of this formal debate is to provide an opportunity for two teams of speakers to present the listener with a number of arguments that support or refute a proposal. Each party is given the same time period for constructive speakers and rebuttal.<br />
<br />
4. Competitive Debate<br />
Competitive debates in education are not like actual debates in parliament, competitive debates are not intended to produce decisions but are more directed at developing certain abilities among participants, such as the ability to express opinions logically, clearly and structured, listen to different opinions, and foreign language skills (If the debate is conducted in a foreign language).<br />
<br />
Characteristic of Debate<br />
As for the characteristics of the debate, including:<br />
Debate has a party that directs the course of the debate. Usually the person who does this task is a moderator.<br />
<br />
The final results or conclusions of the debate are obtained by means of a vote or decision of the debate jury.<br />
There are only two points of view, namely pros and cons.<br />
There were arguments against each other to win one of the parties.<br />
There is a process to defend each other's arguments between the two parties in debate (the pros and cons).<br />
In certain sessions there are question and answer activities between parties who debate and are led by a moderator<br />
Also Read Articles That May Be Related: Critical Response Text [FULL] Definition, Characteristics, Rules, Structure, Examples<br />
<br />
Ethics and Procedure for Debate<br />
What are the procedures for debating well and correctly? The following are the procedures that you can do.<br />
Understand and implement the debate rules agreed upon by the participants and debate members. If a debate member violates the rules, it will affect his team.<br />
Questions raised should be posed professionally, not insulting, testing, or demeaning the opponent, the question must not attack the opponent personally but focus on the problem being discussed.<br />
Make an argument with a critical, sensible, coherent analysis. These three things will be better if done with good rhetorical skills.<br />
In conveying ideas, recognize and understand the weaknesses and strengths of opponents. It is very important to develop a debate strategy so that it is effective in denying and influencing opponents and even all debate participants.<br />
Arguments submitted need not be too much because of limited time. Arrange the arguments into brief, straightforward points that refer directly to the issue being debated.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-52043626636924491442019-12-26T20:01:00.002-08:002019-12-26T20:01:35.296-08:00Qualitative and Quantitative Research Designs<b>Qualitative and Quantitative Research Designs</b><br />
In contrast to naturalistic qualitative research which has a phenomenological philosophy, quantitative research has a positivistic philosophy. In quantitative research, generalizations are constructed from the average diversity of individuals or the average frequency, by monitoring possible errors. Quantitative research methodology requires a research design that specifies its object explicitly eliminated from other objects not examined.<br />
In quantitative research data collected more numbers than photos, pictures or words. By understanding the definitions and characteristics of qualitative and quantitative research, as well as the action research above, it can then be planned or determined how to combine the three methods effectively.<br />
<br />
Research design according to Mc Millan in Ibnu Hadjar is a plan and structure of inquiry that is used to obtain empirical evidence in answering research questions. Another definition says that the design (design) of research is a plan or design created by researchers, as a threat to the activities to be carried out.<br />
This research design is a framework or detailed work procedures that will be carried out at the time of research, so it is expected to provide an overview and direction of what will be done in carrying out the research, as well as provide an overview if the research has been completed or completed the study is in force. A good research design can facilitate us in conducting research.<br />
<br />
This type of research design is seen from various perspectives, including:<br />
The research design is seen from the formulation<br />
Explorative Research<br />
Research on hypothesis testing<br />
Research design based on data collection methods;<br />
Observation research<br />
Survey Research<br />
The research design is seen from the control of variables by the researcher;<br />
Experimental research<br />
Ex post facto research<br />
Research design according to its purpose;<br />
Descriptive research<br />
Comparative research<br />
Associative research<br />
Research design according to the time dimension;<br />
Time Series Research<br />
Cross Section Research<br />
Research Design seen from the study environment can be grouped;<br />
Field Study<br />
Field Experiments<br />
Laboratory Experiments<br />
Generally the research design consists of; research title or topic, background of the research problem, affirmation of the problem, research objectives, usefulness of research results, theoretical basis, literature review, methodology (sampling techniques, data collection methods, and data analysis methods), work schedule steps, and financing. But in particular, the various research designs also have different sections.<br />
<br />
Elements of the Debate<br />
An activity can be called a debate if it has several elements<br />
<br />
Have a motion. Emotions are topics that will be debated and have a conventional nature. The motion is very important because in a debate there are pros and cons.<br />
The debate must have a pro or an affirmative party that agrees with the motion that has been given. The pro will give a speech in advance about the reasons why supporting the statement in the motion.<br />
opposition parties or counter parties who do not agree with the motion that has been given. The counter party will refute the affirmative statement.<br />
neutral parties or parties that do not put support and are not biased towards one<br />
In the debate there must be a moderator in charge of leading and managing the debate. The rules of debate, introducing each party, and the submission of motions will be carried out by the moderator.<br />
The debate must also have debate participants who are entitled to determine the final decision with the debate jury. In some debates, participants do not take part in determining the final decision but if voting is needed, then the participants will usually be counted on their votes.<br />
The last element is the existence of a writer or minutes of note in charge of recording matters related to ongoing debates such as the motion of the debate, the statement of the moderator, the submission of each team or party, and the results of the final decision.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-46127608975229795002019-12-26T20:01:00.001-08:002019-12-26T20:01:24.637-08:00Qualitative and Quantitative Research Approaches<b>Qualitative and Quantitative Research Approaches</b><br />
The tools in the approach are in the form of post-research activities to be more convincing by repeating the examination of the data, asking objective questions to experts, definite relationships, repetitive belief patterns, and so on.<br />
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Report Writing Aspects<br />
The quantitative approach of writing reports according to a fixed formal chart, content that is fixed, complete and is the result of reports and test results with calculations from empirical research fields. A qualitative approach to writing reports according to the author's logic in the order of the reports. Content is not according to a fixed formality, but in the form of a series of stories that can be accounted for by researchers, consisting of stories with writing that may overlap but are meaningful.<br />
Some of the explanations above show the differences in quantitative and qualitative approaches that seem very real, both in terms of paradigmatic, basic views as well as in terms of aspects and methodology.<br />
There are several names given to qualitative research, depending on what type and field the method is used. Anthropologists call ethnography the qualitative method or approach they use. Sometimes sociologists call it by the name of participatory observation, and in the field of psychology it is called qualitative approach (Sanapiah, 1993).<br />
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In line with its varied names, definitions given in qualitative research also vary even though there are similarities in principle. Connole, et al. (1993) provides a limitation that qualitative research is research that focuses on the activities of identifying, documenting, and knowing with in-depth interpretation of the phenomena of values, meanings, beliefs, roles, and general characteristics of a person or group of people about events life.<br />
Meanwhile, Bogdan and Taylor (in Moleong, 1994) define qualitative methodology as a research procedure that produces descriptive data in the form of people's written or oral words and observable behavior. Bogdan and Taylor further explained that this approach was directed at the background and the individual holistically (whole). So, in this case may not isolate individuals or organizations into changes or hypotheses, but need to see it as part of a wholeness.<br />
In line with Bogdan and Taylor, Kirk and Miller (in Moleong, 1994) define that qualitative research is a particular tradition in social science that fundamentally depends on experience in humans in their own region. Furthermore Sanapiah (1993) explains that qualitative research is a research methodology which includes philosophical views of disciplined inquiry about the reality of the objects studied in social sciences and behavior.<br />
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There are five characteristics of qualitative research, namely:<br />
Qualitative research has a natural setting as a source of direct data, and researchers as instruments<br />
Qualitative research is descriptive research. Data collected is more words or images than numbers<br />
Qualitative research pays more attention to process than product. This is caused by the way researchers collect and interpret data, settings or relationships between the parts being studied will be much clearer if observed in<br />
Qualitative researchers try to analyze data inductively: Researchers do not look for data to prove the hypotheses they have compiled before starting the research, but to arrange<br />
Qualitative research focuses on meaning rather than behaviorMack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-20066880210308758242019-12-26T20:01:00.000-08:002019-12-26T20:01:08.827-08:00Instrument and Equipment Aspects<b>Instrument and Equipment Aspects</b><br />
Correlation with Respondents<br />
In a quantitative approach it is necessary to measure short-term or long-term, distance from what was studied, assess as a full researcher of what was studied, and dominance of researchers. They confronted the person researcher and investigated the object with various practices, rules and norms.<br />
In a qualitative approach an equal and unlimited relationship is needed or distinguishes between the investigator and the investigator. Relationships are empathetic, equilitarian, intensive contact, in-depth interviews, and so on. Those who are researching must sink or equal to the study.<br />
In the qualitative approach the direction and focus of a research is to build theories from data or facts, develop synthesis of interactions and theories that are built from basic facts (grounded) develop understanding, and so on.<br />
In the quantitative approach equipment is needed such as questionnaires, inventory, computers, indexes, measurement of formulas, and so on. Clearly they applied the application of formula and certainty techniques. A qualitative approach requires equipment such as a tape recorder, and audiovisual. They assume "The researcher is often the only instrument".<br />
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Aspects of Approach to Population<br />
In the quantitative approach rechecking is used in the form of control, validity, reification, and obtrusiveness. They use clear control by repeating the process towards the truth of the research objective. In the qualitative approach time consuming, data reduction, and reliability are used.<br />
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Design Aspects<br />
In a quantitative approach, they want a structured, organized, ordered, systematic chart design. "Design is a detailed plan of operation".<br />
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Field Data Mining Aspects<br />
In the quantitative approach, data mining is done through quantitative coding, calculation, measurement and statistics. All of them are applied to the general standard and measured by the standard, to prove the evidence is accepted or rejected.<br />
In a qualitative approach, data mining is carried out through descriptions of objects and situations, personal documentation, field notes, photographs, popular terms, official documentation, and so on. There are no valid benchmarks from researchers, all processes are considered valid as long as they occur truly (empirically) and new benchmarks are held after all events have occurred.<br />
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Sampling Aspects<br />
In a quantitative approach, the number of samples must be clearly selected, in a random, structured way, which is the experimental group and which is the control group. The sample must represent the population (representative). In a qualitative approach, the number of samples does not need to be large, but purposiveness, which can take the form of a snowball system, content analysis, historiography, and biographical evidence.<br />
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Data Analysis Aspects<br />
The quantitative approach uses the conclusion of data analysis based on deduction, the conclusion of a collection of data, finally calculated through statistical calculations. Quantitative data analysis forms boundaries that are accepted or rejected by existing theories. A qualitative approach uses the inference of concepts, inductive, models, thematic, and so on. Qualitative data analysis can form theories and values that are considered valid in a place.<br />
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Data Legality Aspect<br />
The quantitative approach uses controls in the form of statistical tools, measurements, and results that are relevant to the applicable formula. The qualitative approach uses controls in the form of negative evidence, triangulation, credibility, dependability, transferability, and confirmability.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-6953174151049898952019-12-26T20:00:00.004-08:002019-12-26T20:00:58.977-08:00Aspect of Methodological Approach<b>Aspect of Methodological Approach</b><br />
On the basis of the view of causal posibility, the quantitative approach always separates between the simultaneous temporal real causes that preceded it before finally giving birth to its effects. On the other hand, a qualitative approach is always impossible to separate cause from effect, let alone simultaneously.<br />
On the basis of the view of the role of values, the quantitative approach sees everything free of value, objective and must be as it is. On the other hand, the qualitative approach sees that things are never value-free, including the researcher himself who is subjective.<br />
Differences in Quantitative and Qualitative Methods in Scientific and Methodological Aspects<br />
There are 15 aspects that are confronted between quantitative and qualitative approaches on the nuances of sharpness (Musianto L.S., 2002). The fifteen aspects are:<br />
In a quantitative approach, the types of approach are experimental, hard data, empirical, positivistic, real facts in the community, statistics, experiments, surveys, and structured interviews. In a qualitative approach, the types of approach are ethnographic, fieldwork, soft data, symbolic interactionism, naturalistic, descriptive, observations with role involvement, phenomenological, documentary data, case studies, descriptive historical studies, and environmental studies, observations, reviews documents, participant observers and stories.<br />
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Conceptualization aspects<br />
In a quantitative approach, the key conceptual types are variables, validity, reliable, significance, hypothesis, and replication. In a qualitative approach, the key conceptual types are: meaning, common sense, understanding, situation boundaries, facts of daily life, processes, and social construction.<br />
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Aspects of the Pioneer figures<br />
In the quantitative approach there are positivistic figures such as Emile Durkhein, L. Guttman, Fred Kerlinger, Donald Cambell, and Peter Rossi. On average he is an expert who believes in exact and exact science with strong quantum formulas. In the qualitative approach there are pragmatic figures such as Max Weber, Charles Horton Cooley, Harold Garfinkel, Margaret Mead, Anselm Strauss, Herbert Blumer, Erving Goffman, George H. Mead, and Burney Glaser.<br />
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Theoretical Orientation Aspects<br />
In the quantitative approach the basis of the theory is functional structural, positivism, behaviorism, empirical logic and theoretical systems. They prioritize systematic, clear and definite theories. In a qualitative approach, the theoretical basis is symbolic interactionism, ethnometodology, phenomenology, culture, and so on. These qualities prioritize not certain or established theories, they theorize about human phenomena from the aspect of symbols, ethnicity, and so on. Something that can change, even there is an extreme flow of qualitative negate the theory in research.<br />
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Aspect of Objectives or Targets<br />
In a quantitative approach the direction and focus of a research is through theoretical testing, constructing or compiling facts and data, statistical descriptions, clarity of relationships and predictions. Means that each step prioritizes axioms, formulas, and problem solving and solving problems directly.<br />
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Aspect of Science Type<br />
This field is somewhat blended and changes in nuance (range), meaning that it is difficult to specify (corridor, box) knowledge, and so on. But there is a tendency for science to have an ambivalent approach at the same time. Quantitative trends are found in the engineering sciences, certainty and nature, economics, psychology, sociology, computer science, and so on.<br />
Quantitative tendencies are found in the humanities, history, sociology, anthropology, cultural sciences, and so on. Lately there is a science that has both approaches, such as sociology, medicine, behavior, descriptive economics, and so on.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-41585548802953994222019-12-26T20:00:00.002-08:002019-12-26T20:00:43.976-08:00Difference Between Quantitative and Qualitative Methods<b>Difference Between Quantitative and Qualitative Methods</b><br />
Reliability and validity are absolute requirements that must be met in using this approach because these two elements will determine the quality of the results of the study. Furthermore, quantitative research requires the existence of a hypothesis and testing.<br />
Quantitative approaches are also methods that work with numbers, whose data are numbers (scores, ranks, or frequencies), which are analyzed using statistics to answer specific research hypotheses, and to predict that certain variables affect other variables (Cresswell in Alsa A., 2003).<br />
The qualitative method is influenced by Weberian's naturalistic-interpretative paradigm, the post-positivistic perspective of critical theory groups and post-modernism as developed by Baudrillard, Lyotard, and Derrida (Cresswell in Somantri G. R., 2005).<br />
A qualitative approach is used when researchers have the ability and experience in researching because qualitative research seeks to construct reality and understand its meaning. Thus, qualitative research usually pays close attention to process, events and authenticity. Qualitative approaches can provide more complex details about phenomena that are difficult to express by quantitative approaches.<br />
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The Difference Between Quantitative and Qualitative Methods From the Aspect of Paradigm<br />
Quantitative approaches and qualitative approaches have differences in research applications. Fry distinguishes in more detailed comparisons between the paradigms of qualitative and quantitative approaches, as can be seen in the following Table 1.1 (Purbayu Budi Santosa).<br />
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Comparison of qualitative and qualitative paradigms<br />
Qualitative Paradigm Quantitative Paradidma<br />
Suggests the use of qualitative methods Encourage the use of quantitative methods<br />
Phenomelogism and verstehen are associated with understanding human behavior from the frame of reference of the actors themselves. Logic of positivism: "Seeing facts or casual social phenomena by looking a little for the subjective statements of individuals"<br />
Uncontrolled and naturalistic observation Measurement controlled and prominent<br />
Subjective Objective<br />
Close to data: an "insider" perspective Far from the data: data is an "outsider" perspective<br />
Grounded, discounted, exploratory, expansionist, descriptive, and inductive orientation Not grounded, verification verification, confirmation, reductionist, inferential and deductive-hypothetical orientation<br />
Process orientation Result orientation<br />
Valid: "real," rich, and "deep" data Reliability: data can be replicated and "hard"<br />
Cannot be generalized: single case study Can be generalized: multi-case study<br />
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Holistic Particularistik<br />
Dynamic reality assumptions Realistic assumptions are stable<br />
Differences in Quantitative and Qualitative Methods from a Basic Perspective<br />
Williams put forward five basic views on the differences in quantitative and qualitative methods, namely (Musianto L.S., 2002):<br />
On the basis of the view of the nature of reality, the quantitative approach sees reality as single, concrete, observable, and can be fragmented. Instead the qualitative approach looks at multiple realities (compound), the results of construction in a holistic sense.<br />
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On the basis of the view of the interaction between the researcher and the object of his research, the quantitative approach sees as independent, dualistic and even mechanistic. On the other hand, the qualitative approach is seen as an interactive, inseparable and even participatory process.<br />
On the basis of the view of generalist posibility, the quantitative approach is free from context and time ties (nomothetic statements), while the qualitative approach is bound from context and time ties (idiographic statements).Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.comtag:blogger.com,1999:blog-8919044660694260349.post-91604783556841226682019-12-26T20:00:00.000-08:002019-12-26T20:00:19.502-08:00Quantitative Qualitative Differences - Definition and approach<b>Quantitative Qualitative Differences - Definition and approach</b><br />
Quantitative Qualitative Differences - Definition, approach, type, Research, Design: Qualitative Is a method that emphasizes the aspect of in-depth understanding of a problem rather than looking at the problem for generalization research. Quantitative Is a method that emphasizes the aspect of measurement objectively of social phenomena.<br />
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Definition of research<br />
Definition of quantitative and qualitative research<br />
Definition of Qualitative Research<br />
Is a method that emphasizes the aspect of in-depth understanding of a problem rather than looking at the problem for generalization research. This research method prefers to use in-depth analysis techniques,<br />
that is, to examine the case in a case-by-case basis because a qualitative methodology believes that the nature of one problem will be different from the nature of other problems. The purpose of this methodology is not a generalization but an in-depth understanding of a problem. Qualitative research functions to provide substantive categories and qualitative research hypotheses.<br />
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Definition of Quantitative Research<br />
Is a method that emphasizes the aspect of measurement objectively of social phenomena. To be able to take measurements, each social phenomenon is broken down into several components of problems, variables and indicators. Each variable that is determined is measured by giving different numerical symbols in accordance with the information categories associated with that variable. By using these number symbols,<br />
Quantitative mathematical calculation techniques can be done so as to produce a conclusion that is generally accepted within a parameter. The main purpose of this methodology is to explain a problem but produce generalizations. Generalization is a reality that occurs in a reality about a problem that is expected to apply to a particular population.<br />
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Generalization can be generated through an estimation method or estimation method that generally applies in inductive statistics. The estimation method itself is based on measurements of real conditions that are more limited in scope which are also often called "samples" in quantitative research. So, what is measured in actual research is a small part of the population or often called "data". Data are concrete examples of reality that can be predicted to the level of reality using certain quantitative methodologies. Quantitative research conducts further exploration and finds facts and tests theories that arise.<br />
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Difference between Quantitative and Qualitative Methods<br />
Research is a process that is carried out in a structured and scientific method to develop knowledge itself, the results of which can be delivered and tested by other researchers. In research there are two approaches that are often used by researchers, namely quantitative methods and qualitative methods.<br />
Quantitative and qualitative approaches have differences both in terms of the basis, character, and process of the approach itself (Williams in Musianto L.S., 2002). Quantitative methods are more rooted in traditional, positivistic, experimental or empiricist paradigms. This method developed from the tradition of empirical thought of Comte, Mill, Durkeim, Newton and John Locke. The quantitative approach emphasizes the existence of variables as research objects that must be defined in the form of operationalization of variables.Mack Doonal Dukhttp://www.blogger.com/profile/12433451582175549728noreply@blogger.com