understanding agreement

understanding agreementIn Public Law , the agreement here refers to the International Treaty . Currently the international community , international agreements play a vital role in regulating life and relationships between countries. International agreement is essentially a major source of international law to regulate the activities of states or other subjects of international law . Until 1969 , the manufacture of the International agreements only governed by customary law . Based on the draft chapters prepared by the International Law Commission , was organized an International Conference in Vienna from March 26 until May 24, 1968 and from April 9 to May 22, 1969 to codify the common law . Conference gave birth to the Vienna Convention on the Law of Treaties signed on May 23, 1969 . The Convention came into force on January 27, 1980 and is a positive international law . Article 2 of the 1969 Vienna Convention defines international agreement ( treaty ) is an agreement made ​​between states in written form and governed by international law , whether in a single instrument or two or more related instruments and whatever the name given to him . The definition above contains
elements :
· The existence of a subject of international law , namely states , international organizations and liberation movements . Recognition of the state as a subject of international law that have full capacity to make international agreements listed in Article 6 of the Vienna Convention . International organizations are also recognized as a party to make an agreement with the requirements of the agreement comes dar will make Member States and international treaties that created a field of international organizations such authority . Such restrictions seen in Article 6 of the Vienna Convention . Capacity liberation movements recognized but is selective and limited . Selective means these movements must be recognized first by the region where the movement was . Limited movement means participation in the agreement is to carry out the wishes of movement establish an independent state .
· International legal regime . International agreements should be subject to international law and should not be subject to a certain national laws . Although the agreement was made ​​by the state or an international organization , but if it has been subject to a particular national law chosen , the agreement is not a treaty.
Terms of invalidity of the agreement
Unlike the agreement in private law is valid and binding on the parties since the existence of an agreement , but in public law agreement shows only the testimony of the agreement , not the validity of the agreement . And after the agreement was valid , not necessarily binding on the parties if the parties have not ratified . Stages of making the agreement include :

    a. negotiations where countries sent their representatives to a bilateral or multilateral conferences ;
    b . acceptance of the agreement (adoption of the text ) is the acceptance of the content of the agreement is determined by the conference participants with the consent of all participants by voting ;
    c . testimony of the agreement ( authentication of the text ) , is a formal act which states that an agreement has been received conference . Article 10 of the Vienna Convention , carried out according to the procedures contained in the agreement or in accordance with what has been decided by the delegates at the conference . If not specified then the validation can be done to affix the signature or initials under the agreement .
    d . agreement bind themselves ( consent to the bound) , given in a variety of ways depending on the agreement of the parties at the time entered into an agreement , whereby a way to express approval are as follows :
1 . signing , Article 12 of the Vienna Convention states :
- Approval of an agreement to be bound can be expressed in the form
signature of the representative of the country ;
- If the agreement itself is declared ;
- When it is proven that the participating countries agreed to negotiate such ;
- If the full powers of representatives state says so or otherwise
clearly at the time of negotiations .2 . endorsement , through the ratification of the agreement which was approved by a competent authority in the member state .
As a result of the agreement

    1 . For the state : Article 26 of the Vienna Convention states that each of the applicable treaty commits states parties and must be performed in good faith or in good faith . Implementation of the agreement was carried out by state organs should take the necessary measures to ensure its implementation . Holding capacity agreements based on the principle of pacta sunt servanda .
    2 . For other countries : Unlike the agreements in the field of private law which may not cause the rights and obligations to third parties , the treaty can cause due to third parties for their approval , can grant to third countries or third countries have inflicted upon without consent the country ( example : Article 2 ( 6 ) of the UN Charter which states that countries not members of the United Nations must act in accordance with the principles of the United Nations as far as possible when it is considered necessary for international peace and security ) . Article 35 of the Vienna Convention provides that international agreements can have an effect for a third -party liability for their consent where consent is manifested in written form .
The termination of the agreement

    1 . accordance with the terms of the agreement itself ;
    2 . the approval later stated in a separate agreement ;
    3 . due to certain events that do not implement the agreement , which is a fundamental change in the vehicle on member states , the emergence of new norms of international law , war .

understanding agreement

understanding agreementIn Public Law , the agreement here refers to the International Treaty . Currently the international community , international agreements play a vital role in regulating life and relationships between countries. International agreement is essentially a major source of international law to regulate the activities of states or other subjects of international law . Until 1969 , the manufacture of the International agreements only governed by customary law . Based on the draft chapters prepared by the International Law Commission , was organized an International Conference in Vienna from March 26 until May 24, 1968 and from April 9 to May 22, 1969 to codify the common law . Conference gave birth to the Vienna Convention on the Law of Treaties signed on May 23, 1969 . The Convention came into force on January 27, 1980 and is a positive international law . Article 2 of the 1969 Vienna Convention defines international agreement ( treaty ) is an agreement made ​​between states in written form and governed by international law , whether in a single instrument or two or more related instruments and whatever the name given to him . The definition above contains
elements :
· The existence of a subject of international law , namely states , international organizations and liberation movements . Recognition of the state as a subject of international law that have full capacity to make international agreements listed in Article 6 of the Vienna Convention . International organizations are also recognized as a party to make an agreement with the requirements of the agreement comes dar will make Member States and international treaties that created a field of international organizations such authority . Such restrictions seen in Article 6 of the Vienna Convention . Capacity liberation movements recognized but is selective and limited . Selective means these movements must be recognized first by the region where the movement was . Limited movement means participation in the agreement is to carry out the wishes of movement establish an independent state .
· International legal regime . International agreements should be subject to international law and should not be subject to a certain national laws . Although the agreement was made ​​by the state or an international organization , but if it has been subject to a particular national law chosen , the agreement is not a treaty.
Terms of invalidity of the agreement
Unlike the agreement in private law is valid and binding on the parties since the existence of an agreement , but in public law agreement shows only the testimony of the agreement , not the validity of the agreement . And after the agreement was valid , not necessarily binding on the parties if the parties have not ratified . Stages of making the agreement include :

    a. negotiations where countries sent their representatives to a bilateral or multilateral conferences ;
    b . acceptance of the agreement (adoption of the text ) is the acceptance of the content of the agreement is determined by the conference participants with the consent of all participants by voting ;
    c . testimony of the agreement ( authentication of the text ) , is a formal act which states that an agreement has been received conference . Article 10 of the Vienna Convention , carried out according to the procedures contained in the agreement or in accordance with what has been decided by the delegates at the conference . If not specified then the validation can be done to affix the signature or initials under the agreement .
    d . agreement bind themselves ( consent to the bound) , given in a variety of ways depending on the agreement of the parties at the time entered into an agreement , whereby a way to express approval are as follows :
1 . signing , Article 12 of the Vienna Convention states :
- Approval of an agreement to be bound can be expressed in the form
signature of the representative of the country ;
- If the agreement itself is declared ;
- When it is proven that the participating countries agreed to negotiate such ;
- If the full powers of representatives state says so or otherwise
clearly at the time of negotiations .2 . endorsement , through the ratification of the agreement which was approved by a competent authority in the member state .
As a result of the agreement

    1 . For the state : Article 26 of the Vienna Convention states that each of the applicable treaty commits states parties and must be performed in good faith or in good faith . Implementation of the agreement was carried out by state organs should take the necessary measures to ensure its implementation . Holding capacity agreements based on the principle of pacta sunt servanda .
    2 . For other countries : Unlike the agreements in the field of private law which may not cause the rights and obligations to third parties , the treaty can cause due to third parties for their approval , can grant to third countries or third countries have inflicted upon without consent the country ( example : Article 2 ( 6 ) of the UN Charter which states that countries not members of the United Nations must act in accordance with the principles of the United Nations as far as possible when it is considered necessary for international peace and security ) . Article 35 of the Vienna Convention provides that international agreements can have an effect for a third -party liability for their consent where consent is manifested in written form .
The termination of the agreement

    1 . accordance with the terms of the agreement itself ;
    2 . the approval later stated in a separate agreement ;
    3 . due to certain events that do not implement the agreement , which is a fundamental change in the vehicle on member states , the emergence of new norms of international law , war .

Agreement according to Private Law

Agreement according to Private Law
Understanding Agreement
A treaty is an act by which one or more persons bind themselves to one or more other persons (Article 1313 BW). Definition
This agreement contains elements:
a. Deeds, The use of the word "act" in the formulation of this Agreement if it is replaced with a more appropriate word legal action or legal action, because such actions bring legal consequences for the parties to foretell;
b. One or more of the one or more other persons, For the existence of an agreement, there must be at least two parties face to face and give each statement a suitable / fitting each other. The party is a person or legal entity.
c. Bound themselves, In the agreement there are elements of the promise made by one party to the other party. In this agreement, the legal consequences are bound to arise because of his own volition.
Terms of Agreement validity
In order for an agreement to be valid and binding on the parties, the agreement must meet the requirements as set out in Article 1320 BW namely:
1. agreed they were bound themselves; The word "agreed" not to be due to an oversight on the nature of the goods which are the subject of approval or oversight on his part in the approval of self-made, especially considering he was the person; coercion which a person acts out of fear threat (Article 1324 BW); fraud is not only a lie but also the presence of the ruse (Article 1328 BW). The agreements made on the basis of "agreed" based on these reasons, the cancellation may be filed.
2. competent to make the engagement; Section 1330 of BW determines incompetent to make the engagement:
a. People who have not grown
b. They were put under guardianship
c. The women, in cases stipulated by law, and in general all those to whom the law has prohibited making certain covenants. But the fatwa by the Supreme Court, through the Supreme Court Circular No.3/1963 dated 5 September 1963, the women were no longer classed as incompetent. They are authorized to perform legal acts without the help or permission of her husband. As a result of an agreement made by the parties is null and incompetent law (Article 1446 BW).
3. a certain thing; The agreement should specify the type of object agreement. If not, then the agreement is null and void. Section 1332 of BW determines only items that can be traded that can be the object of the agreement, and pursuant to Article 1334 BW new items will be in the future can be the object of the agreement except where prohibited by law expressly.
4. a cause or causa kosher. Invalidity of an agreement causa determined at the time the agreement was made. Agreement without the lawful causa is null and void, unless otherwise provided by law. The first and the second concerns the subject, while the third and fourth terms on the object. The presence of defects will (mistakenly, coercion, fraud) or not competent to make a commitment, on the subject resulted in an agreement may be canceled. Meanwhile, if the third and fourth terms on the object are not met, then the agreement is null and void.
As a result of the Agreement
Section 1338 subsection (1) of the Civil Code, which states that all contracts (agreements) are made legally valid as the law for those who make it. This article may be inferred from the existence of the principle of freedom of contract, but this freedom is limited by the laws of nature force, so that the parties made an agreement must obey the laws of nature force. An irrevocable agreement in addition to the agreement of both parties, or for the reasons stated by the law enough for it. Agreements not only bind to the things expressly stated therein, but also for everything that is according to the nature of the agreement, required by propriety, custom or law. An agreement was not allowed to bring harm to a third party.
The termination of the Agreement
Agreement ends because:

    1. determined by the parties to apply for a certain time;
    2. determine the limits of the law coming into effect of the agreement;
    3. the parties or the law stipulates that the occurrence of events
then approval will be given clear; Specific event in question is a state force (overmacht) set forth in Section 1244 and 1245 of the Civil Code. Circumstances compel a state where the debtor is unable to perform his accomplishments to the creditor due to events beyond his control, for example due to earthquakes, floods, lava and others. Circumstances force can be divided into two kinds: 1. absolute force state is a state where the debtor did not meet perutangannya to creditors, because of the earthquakes, flash floods, and the presence of lava (force majeure). Due to the state of absolute force (force majeure): a. debtor does not have to pay damages (Article 1244 Civil Code); b. creditor is not entitled to the fulfillment of achievement, but also for the sake of free legal obligation to deliver the achievement counter, except for those mentioned in Article 1460 of the Civil Code. 2. circumstances force relative is a situation that causes the debtor is still possible to carry out his achievements, but the achievements of the implementation should be done by giving the victim a large disproportionate use of force or soul beyond human ability or possibility of danger hit by huge losses. Circumstances force did not result in any risk burden, only a matter of time the rights and obligations of creditors and debtors.

     stop the approval statement (opzegging) which can be done by both parties or by either party to the agreement is temporary eg employment agreement;
      judge's decision;
    the purpose of the agreement is reached;
    with the consent of the parties (herroeping)

Understanding Education experts say

Understanding Education experts say
Education is derived from the definition of education pedagogy according to experts ( paedagogie , Latin language ) word which means education and Pedagogia ( pedagogic ) meaning science education that comes from the Greek . Pedagogia consists of two words , namely ' Paedos ' ( child , pen ) and ' agoge ' which means I lead , lead the child . While paedagogos is a maid or footman ( youth , pen ) in Ancient Greece who work delivering and picking up the kids ( students , pen ) to and from school . The words of the original connotation paedagogos low ( waitress , maid ) is , then now is used for the name of a noble job paedagoog ( educator or expert students or teachers ) . From the standpoint of education can be defined as a person's activities in guiding and leading the child toward optimal growth and development in order to be able to stand alone and bertanggung.jawab .Education is closely related to everything related to human development began physical development , health, skills , thoughts , feelings , wishes , social , until the development of the Faith . This development refers to making people become more perfect , make improving human life and natural life of civilized and moral.As quoted by Ahmad Tafseer , Rupert C. Lodge in his book Philosophy of Education ( New York : Harer & Brothers . , 1974 : 23 ) states that education in its broadest sense it involves the whole experience . But the fact that not all can be said educational experience . Steal , pilfer , corruption and ditching for example , for people who 've done it certainly has some experience , but the experience can not be said of education . Because education has a noble purpose , either before manusia.maupun.dihadapan.Tuhan .Definition of Education according to the formulation of educational Many experts proposed by the experts include :
a. ohn Dewey : education is a fundamental skill formation process of intellectual and emotional human beings .
b . JJ . Rouseau : Education is a provision giving us what we do not need in childhood , but we need at present
c . MJ Langeveld : Education merupkan every effort is made to influence and guide children toward maturity , so that children carry out his own retort