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1 – 10 of 37Suherman S.H. and Heru Sugiyono
This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which…
Abstract
Purpose
This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which regulations are to be adapted to current development of contract law. This research’s novelty is that new rules will be found in Indonesian contract law.
Design/methodology/approach
This research used normative and empirical methods. Normative research is dogmatic research or one that analyzes legislation using secondary data consisting of primary, secondary and tertiary legal materials. Besides the normative method, the research was also conducted using empirical method through direct interview and observation in some government agencies, such as the Directorate General of Legislation, Ministry of Law and Human Rights (HAM) and Chairman of Legal Product Formation Division, House of People’s Representatives of the Republic of Indonesia and the Civil Law Teaching Association (APHK).
Findings
This research found that new Indonesian contract law is very important to give legal certainty and justice to the people, and the contract law must regulate important matters related to the sources of contract besides agreement and law, related to termination, unjust enrichment, negotiation, good faith, public contract and private contract and related to legal act and validity of electronic contract.
Research limitations/implications
The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.
Practical implications
Drafting contract law is a relatively heavy duty due to the factor of law pluralism that contains contract aspect in Indonesia such as customary law aspect, Islamic law aspect, regional aspect, international aspect and other aspects. In fact, meanwhile, there is rapid development in the community with regard to business transactions that are also followed with contract law development. Therefore, amendment is needed for the Indonesian contract law to adapt to the people’s need for law, and this change agenda is also addressed to updating the contract law.
Social implications
Civil law reform, especially contract law, is deemed very important for Indonesia, because based on field fact, people do their business contract by applying contract law that is not yet regulated in the contract law in KUHPerdata; thus, new contract law is needed that regulates important matters related to sources other than agreement and law.
Originality/value
It is very important to conduct this research to review government policy in Indonesian contract law that still uses the contract law inherited from Dutch product (BW) and review what regulations should have been adjusted to current development of contract law. The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.
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In addressing the housing deficits for the less privileged citizens, the South African government began constructing social housing after coming to power in 1994. However, the…
Abstract
Purpose
In addressing the housing deficits for the less privileged citizens, the South African government began constructing social housing after coming to power in 1994. However, the construction of these houses is bedevilled with many issues; prominent among them are poor quality of the constructed houses. This study seeks to develop a quality management framework for achieving quality and efficiency in public-sector housing construction, a hallmark of the country's procurement goals.
Design/methodology/approach
Telephone interviews were conducted with construction professionals involved in constructing government social houses across South Africa, chosen randomly. The data gathered were analysed using the content analysis method.
Findings
The study found that the most significant cause of poor quality government-constructed social housing is multifaceted, categorised into project management-related, procurement-related, contractor-related, corruption-related and political-related.
Practical implications
Failure to develop and implement a quality management framework on government-constructed social housing leads to poor quality social housing.
Originality/value
The study has identified quality-related issues and has developed a Quality Management (QM) framework for the stakeholders involved in the construction of the houses to guide them in the project implementation process to ensure project success and quality standards.
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Marc Eulerich, Anna Eulerich and Benjamin Fligge
This study examines the strategy–performance relationship within publicly traded German firms. Strategic management literature provides several strategic frameworks that offer…
Abstract
Purpose
This study examines the strategy–performance relationship within publicly traded German firms. Strategic management literature provides several strategic frameworks that offer guidance on promising strategies. However, given major changes, such as globalization, managers wonder whether strategic frameworks are still applicable.
Design/methodology/approach
The authors employ principal component analysis (PCA) to measure competitive strategy and analyze a sample of 6,037 firm-years among 651 firms between 2000 and 2019.
Findings
While the authors find evidence for the existence of efficiency-based strategies, differentiation-based strategies and mixed strategies, only differentiation-based strategies are positively related to performance.
Originality/value
The study’s results contribute to the discourse on the strategy–performance relationship, as they provide insights into promising strategies that are of interest to researchers and practitioners. Further, the authors introduce a new measure of competitive strategy based on PCA.
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Damanhur, Wahyuddin Albra, Ghazali Syamni and Muhammad Habibie
Purpose – The aim of this study is to analyze the effects of macro- and micro-economic variables on the ratio of troubled financing (Non-Performing Financing, NPF)…
Abstract
Purpose – The aim of this study is to analyze the effects of macro- and micro-economic variables on the ratio of troubled financing (Non-Performing Financing, NPF).
Design/Methodology/Approach – The method used in this research is the data panel fixed effect with 13 banks and 4 periods of data report (semi-annual report 2014–2015).
Findings – The regression result achieved that variable inflation significantly influences the ratio of NPF. Variable Gross Domestic Product and assets total significantly influence the ratio of NPF too. While the SBI sharia’s variable and Financing to Deposit Ratio did not significantly affect NPF in Syariah’s Unit of Aceh Bank Pembangunan Daerah (BPD) in Indonesia.
Research Limitations/Implications – This study uses panel data which are a combination of time series data and cross-section.
Practical Implications – The policymakers can design a macro-policy carefully and better fiscal policies.
Originality/Value – This research was conducted on the Syariah’s Unit of BPD in Indonesia during the period 2014–2015 and it has not been done before.
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Abstract
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Morné Owen, Stephen V. Flowerday and Karl van der Schyff
Researchers looking for ways to change the insecure behaviour that results in phishing have considered multiple possible reasons for such behaviour. Therefore, the purpose of this…
Abstract
Purpose
Researchers looking for ways to change the insecure behaviour that results in phishing have considered multiple possible reasons for such behaviour. Therefore, the purpose of this paper is to understand the role of optimism bias (OB – defined as a cognitive bias), which characterises overly optimistic or unrealistic individuals, to ensure secure behaviour. Research that focused on issues such as personality traits, trust, attitude and Security, Education, Training and Awareness (SETA) was considered.
Design/methodology/approach
This study built on a recontextualized version of the theory of planned behaviour to evaluate the influence that optimism bias has on phishing susceptibility. To model the data, an analysis was performed on 226 survey responses from a South African financial services organisation using partial least squares (PLS) path modelling.
Findings
This study found that overly optimistic employees were inclined to behave insecurely, while factors such as attitude and trust significantly influenced the intention to behave securely.
Practical implications
Our contribution to practice seeks to enhance the effectiveness of SETA by identifying and addressing the optimism bias weakness to deliver a more successful training outcome.
Originality/value
Our study enriches the Information Systems literature by evaluating the effect of a cognitive bias on phishing susceptibility and offers a contextual explanation of the resultant behaviour.
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Marloes van Engen and Brigitte Kroon
Little research is devoted to how salary allocation processes interfere with gender inequality in talent development in universities. Administrative data from a university…
Abstract
Little research is devoted to how salary allocation processes interfere with gender inequality in talent development in universities. Administrative data from a university indicated a substantial salary gap between men and women academics, which partially could be explained by the unequal distribution of men and women in the academic job levels after acquiring a PhD, from lecturer to full professor, with men being overrepresented in the higher job levels, as well as in the more senior positions within each job level. We demonstrated how a lack of transparency, consistency and accountability can disqualify apparent fair, merit-based salary decisions and result in biased gender differences in job and salary levels. This chapter reflects on how salary decisions matter for the recognition of talent and should be an integral part of talent management.
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The aim of this paper is to generate a streamlined, transparent and effective instrument to fairly measure the contribution made by each student to a group project within a higher…
Abstract
Purpose
The aim of this paper is to generate a streamlined, transparent and effective instrument to fairly measure the contribution made by each student to a group project within a higher education context. The primary aim is to moderate the grades of underperforming students at the end of the project. There is a secondary benefit in alerting underperforming students to raise their contribution mid-task or face a potentially reduced grade at the final stage.
Design/methodology/approach
The development of this multi-dimensional instrument is guided by findings from previous research. The quest is to minimise the instructor's administrative work load in applying a moderation-only instrument that is open-source and available at no cost. Based on the literature, the survey instrument seeks to apply a peer-based, equitable and transparent evaluation of each member's contribution to a group task. The survey is applied at mid-task and again at end-task in order to afford underperformers the opportunity to address contribution deficits during the final phase of the project.
Findings
The instrument, called TANDEM©, offers a transparent, streamlined, equitable, confidential and practical measure of each student's contribution to a graded group task. Students whose end-task contribution falls below the group average rating receive a proportional reduction in their personal grade. Additionally, the end-task moderation instrument captures a single-item holistic measure of relative contribution that may, in the future, serve as a surrogate for the multi-dimensional measures currently in place.
Research limitations/implications
TANDEM© was developed with group sizes of four or five members in mind. There is no evidence to support its application to three-person groups. Moreover, the application was applied only amongst under-graduate students. It is yet to be applied across post-graduate groups and within online learning environments. Future research into diverse cultural settings would serve to advance understanding of how moderation is perceived across borders.
Practical implications
Several existing group grade moderation methods propose complex algorithms that are “black box” solutions from a student's perspective. In establishing a fair, streamlined, confidential and transparent process for peer-rated moderation, TANDEM© deploys a concise instrument with a relatively small administrative load. TANDEM © may be applied to all groups or can selectively be applied to groups that report moderate, strong or extreme levels of conflict.
Social implications
Students will appreciate the opportunity to rate peer contributions to group projects. This will dissipate the negative social sentiment that may arise when fellow students benefit from the work of others. Those students seeking conflict resolution within the group will value the transparent and equitable moderation of grades as well as the positive social implications that follow.
Originality/value
This research forms part of an ongoing quest to present a moderation instrument that fairly identifies student contribution to a group project. Whilst the solution proposed is one of many existing alternatives, its focus is on a practical moderation-only instrument that can immediately be applied to a course or major. The benefits lie in the ease of application and minimal administrative workload. This constitutes an original contribution to the individual (course or major) coordinator who seeks to apply a moderation-only instrument without having to commit to an extensive, broad-based group optimisation programme.
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