Employment Agreement

Designer’s Letterhead]

Date _________________

Mr./Ms. [New Employee]
_______________________________ [address]
_______________________________


Dear :

We are pleased that you will be joining us at __________________ (hereinafter referred to as the “Company”). Thisletter is to set forth the terms and conditions of your employment.

1. Your employment as ______________________ shall commence on ___________, 20___.

2. Your duties shall consist of the following
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

You may also perform additional duties incidental to the job description. You shall faithfully perform all duties to the best of your ability. This is a full-time position and you shall devote your full and undivided time and best efforts to the business of the Company.


3. You will be paid annual compensation of $________ pursuant to the Company’s regular handling of payroll.


4. You will have the following benefits:

 a) Sick days __________________________________________________________________________

b) Personal days______________________________________________________________________

c) Vacation____________________________________________________________________________

d) Bonus_______________________________________________________________________________

e) Health Insurance___________________________________________________________________

f) Retirement Benefits ________________________________________________________________

g) Other _______________________________________________________________________________


5. You will familiarize yourself with the Company’s rules and regulations for employees and follow them during your employment.

6. This employment is terminable at will at any time by you or the Company.

7.You acknowledge that a pre-condition to this employment is that you negotiate and sign a restrictive covenant prior to the commencement date set forth in Paragraph 1.

8.Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before _________________________ in the following location ______________________________ and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $____________ shall not be subject to this arbitration provision.

9.Miscellany. This agreement shall be binding on both us and you, as well as heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding. Its terms can be modified only by an instrument in writing signed by both parties. Notices shall be sent by certified mail or traceable overnight delivery to you or the Company at our present addresses, and notification of any change of address shall be given prior to that change of address taking effect. A waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This agreement shall be governed by the laws of the State of _______________________________. If this letter accurately sets forth our understanding, please sign beneath the words “Agreed to” and return one copy to us for our files.


Sincerely yours,                                                    Agreed to:



_____________________________                               _______________________________
         Company Name                                                            Employee




By __________________________
                   Name, Title


dopted from : Crawford Tad.,Bruck, Doman, Eva.,& Battle,W. , Carl.(2006). business and legal forms for industrial deaigner. New York: Allworth Press.

Commercial Lease

Commercial Lease

Agreement, dated the________day of ________ ,20_________ , between ____________

 ( hereinafter referred to as the "Tenant") whose address is ___________and __________

 ( hereinafter referred to as the "Landlord") whose address is ______________

WHEREAS, the Tenant wishes to rent premises for office use.

WHEREAS, the Landlord has premises for rental for such office use.

NOW, THEREFORE, in consideration of the forgoing premises and mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:

1. Demised premises. the premises rented here under are suite #___________ , comprising approximately ____________ square feet, on the __________ floor of building located at the following address ____________ in the city or town of __________ in the state of_________________.

2.Term.The term shall be for a period of ____________ years (unless the term shall sooner cease and expire pursuant to the terms of this Lease), commencing on the ____ day of ___________, 20__, and ending on the ____ day of ___________, 20__. At the expiration of the term and any renewals thereof pursuant to Paragraph 3, the Lease shall become a month-to-month tenancy with all other provisions of the Lease in full force and effect.

3.Option to Renew.The Tenant shall have an option to renew the lease for a period of ____ years. Such option must be exercised in writing prior to the expiration of the term specified in Paragraph 2. During such renewal term, all other provisions of the Lease shall remain in full force and effect except for the following modifications

___________________________________________________________________________

5.Rent.The annual rent shall be $__________, payable in equal monthly installments on the first day of each month to the Landlord at the Landlord’s address or such other address as the Landlord may specify. The first month’s rent shall be paid on signing this Lease.

6.Security Deposit.The security deposit shall be in the amount of _____ month(s) rent and shall be paid by check at the time of signing this Lease. The security deposit shall be increased at such times as the monthly rent increases, so as to maintain the security deposit at the level of _____ month(s) rent. The security deposit shall be kept in a separate interest-bearing account with interest payable to the Tenant. The security deposit, after reduction for any sums owed to the Landlord, shall be returned to the Tenant within ten days of the Tenant’s vacating the premises.

7.Condition of Premises.The Tenant has inspected the premises and accepts them in “as is” condition exceptfor the following work to be performed by the Landlord ____________________________________________ _____________________________________ and completed by ____________, 20___. At the termination of the Lease, The Tenant shall remove all its property and return possession of the premises broom clean and in good order and condition, normal wear and tear excepted, to the Landlord.

8.Use.The Tenant shall use and occupy the premises for ________________________________________ and for no other purpose.

9.Alterations.The Tenant shall obtain the Landlord’s written approval to make any alterations that are structural or affect utility services, plumbing, or electric lines, except that the Landlord consents to the following alterations _______________________________________________________________________________________________________ ___________________________. In addition, the Landlord consents to the installation by the Tenant of the following equipment and fixtures ________________________________________________________________________________ _______________________________________________________________________________________________________ ______________________. The Landlord shall own all improvements affixed to the premises, except that the Tenant shall own the following improvements _______________________________________________________________________________________ ________________________________________________________________________________________ and have the right to either remove them or sell them to a new incoming tenant. If the Landlord consents to the ownership andsale of improvements by the Tenant, such sale shall be conducted in the following way _____________________________________________________________________________________________________ _______________________________________________. If the Landlord consents to the Tenant’s ownership and right to remove certain improvements, the Tenant shall repair any damages caused by such removal. Nothing contained herein shall prevent the Tenant from removing its trade fixtures, moveable office furniture and equipment, and other items not affixed to the premises.

 10.Repairs.Repairs to the building and common areas shall be the responsibility of the Landlord. In addition, repairs to the premises shall be the responsibility of the Landlord except for the following ______________________ __________________________________________________________________________________.

11.Assignment and Subletting.The Tenant shall have the right to assign this Lease to an assignee of good character and sound finances subject to obtaining the written approval of the Landlord, which approval shall not be unreasonably withheld. In addition, the Tenant shall have the right to sublet all or a portion of the premises on giving written notice to the Landlord.

 12.Quiet Enjoyment.The Tenant may quietly and peaceably enjoy occupancy of the premises. The Tenant shall have access to the premises at all times and, if necessary, shall be given a key to enter the building. The Tenant shall use and occupy the premises in accordance with this Lease, the building’s certificate of occupancy, and all relevant laws.

13.Utilities and Services.During the heating season the Landlord at its own expense shall supply heat to the premises at all times on business days and on Saturdays and Sundays. The Landlord ❏shall ❏shall not supply air conditioning for the premises at its own expense. The Tenant shall pay the electric bills for the meter for the premises, unless another arrangement exists as follows __________________________________________________. ___________________________________________. The Landlord shall provide and pay for water for the premises, unless another arrangement exists as follows __________________________________________________________ _______________________________________. The Tenant shall be responsible for and pay for having its own premises cleaned, including the securing of licensed window cleaners. ❏The Tenant ❏The Landlord shall be responsible to pay for the removal of refuse from the premises. If the Landlord is responsible to pay for such removal, the Tenant shall comply with the Landlord’s reasonable regulations regarding the manner, time, and location of refuse pickups.

14.Access to Premises.The Landlord and its agents shall have the right, upon reasonable notice to the Tenant, to enter the premises to make repairs, improvements, or replacements. In the event of emergency, the Landlord and its agents may enter the premises without notice to the Tenant. The Tenant [] shall [] shall not provide the Landlord with keys for the premises.

15.Insurance.The Tenant agrees to carry liability insurance and name the Landlord as an additional named insured under its policy and furnish to the Landlord certificates showing liability coverage of not less than $_______ for the premises. Such company shall give the Landlord ten (10) days notice prior to cancellation of any such policy. Failure to obtain or keep in force such liability insurance shall allow the Landlord to obtain such coverage and charge the amount of premiums as additional rent payable by the Tenant. The Landlord agrees to carry casualty and fire insurance on the building, but shall not have any liability in excess of $______ with respect to the operation of the Tenant’s business.

16.Subordination.This Lease is subordinate and subject to all ground or underlying leases and any mortgages that may now or hereafter affect such leases or the building of which the premises are a part. The operation of this provision shall be automatic and not require any further consent from the Tenant. To confirm this subordination, the Tenant shall promptly execute any documentation that the Landlord may request.

17.Rider.Additional terms may be contained in a Rider attached to and made part of this Lease.

18.Miscellany.This Lease shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties unless specified to the contrary herein. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of______________________________________________________.

 IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.

Tenant__________________________                                Landlord______________________

                  Company Name                                                             Company Name

 By______________________________                                 By_______________________________

      Authorized Signatory, Title                                        Authorized Signatory, Title

  

adopted from : Crawford Tad.,Bruck, Doman, Eva.,& Battle,W. , Carl.(2006). business and legal forms for industrial deaigner. New York: Allworth Press.

Parole(pembebasan bersyarat)

Corby's parole

 The Associated Press, Denpasar, Bali | World | Thu, March 06 2014, 2:44 PM

Corby's parole: Schapelle Corby's sister Mercedes talks to journalists in Bali Thursday. Corby, 35, was released on parole last month after spending nine years in a Bali prison on charges of smuggling 4.2 kilograms (9 pounds) of marijuana into Indonesia in 2005. Indonesia Justice Minister Amir Syamsuddin said Tuesday that the government is evaluating whether Corby's parole terms were violated by an interview her sister Mercedes gave to an Australian television network. Indonesian authorities had warned Corby that any interview by her could breach her parole conditions, which stipulate she must not cause unrest. She must remain in Indonesia until 2017 and can be returned to prison to complete her sentence during that time. (AP/Firdia Lisnawati)

adopted from www.thejakartapost.com

Stand trial

Key figure in Banten political dynasty stands trial for graft

 The Jakarta Post, Jakarta | Headlines | Fri, March 07 2014, 8:47 AM

Tubagus Chaeri “Wawan” Wardana, the younger brother of Banten governor Ratu Atut Chosiyah who is believed to have controlled major government projects in the province, was indicted Thursday on two counts of bribery. Known to have a penchant for collecting luxury cars and showering female celebrities with expensive gifts, Wawan was charged with paying former Constitutional Court chief justice Akil Mochtar Rp 1 billion (US$87 million) in bribes to rule in favor of Amir Hamzah and Kasmin, the regent and deputy regent candidates in the Lebak election. Corruption Eradication Commission (KPK) prosecutors also accused Wawan of paying an additional Rp 7.5 billion in bribes to Akil to secure the victory of his sister, Atut and her running mate Rano Karno, in the 2012 Banten election. Wawan arrived at the court at 9 a.m., accompanied by his wife, Airin Rachmi Diany, who is the Mayor of South Tangerang. The court had to postpone his trial twice as he claimed to have suffered from an ulcer, vertigo and dengue fever over the past two weeks. In the trial, KPK prosecutors revealed how Wawan and Atut lobbied Akil for the first time on Sept. 22 last year to influence the court’s ruling on the Lebak election dispute. Amir and Kasmin, along with advocate Susi Tur Andayani, allegedly held a meeting with Atut to arrange the bribery scheme. Susi acted as the mediator between Atut and Akil, using text messages as their means of communication. The prosecutors said that Akil asked Atut to prepare Rp 3 billion in return for the favor, even though Amir did not have access to that kind of money. The uncertainty over whether Amir would be able to provide the Rp 3 billion angered Akil, which led to Atut asking Wawan to help provide her with Rp 1 billion for Akil. Akil accepted Atut’s offer and ruled in favor of Amir and Kasmin in the Constitutional Court session on Oct. 2, last year. On the same date, the KPK arrested Susi with a bag containing the alleged bribe money at Amir’s house in South Jakarta, and arrested Wawan at his house a day after. The prosecutor also revealed that Wawan, who acted as Atut’s campaign manager, bribed Akil with Rp 7.5 billion, in order to rule in her favour in 2011 Banten gubernatorial election dispute. Wawan sent the money through a bank transfer to CV Ratu Samangat, a company owned by Akil’s wife, Ratu Rita. The prosecutors charged Wawan with violating Article 13 of Law No. 31/1999 on corruption, which carries a maximum sentence of 15 years in prison. Wawan denied all the charges leveled against him and would present a defense plea in the next trial. Judge Mateus Samiaji, who lead the panel of judges, said that the next session would be held on March 13 to give more time for Wawan to recover from his illnesses. Wawan, who has also been charged with money laundering, was involved in another corruption case regarding the procurement of medical equipment for the Banten administration. So far, he has not been indicted for his role in the case, which also implicates Atut. Atut and her family have been accused of amassing wealth through illegal means to retain their political power in Banten, which suffers from widespread poverty. The KPK confiscated 17 luxury cars — including a Ferrari and a Lamborghini — from Wawan. It was recently revealed that Wawan also gave luxury cars to several members of the Banten Legislative Council and to female celebrities. A source at the KPK said that it had traced assets belonging to Wawan totaling more than Rp 50 billion in the form of land and buildings allegedly tied to money laundering. The alleged illicit assets are located in Bali, West Java, Banten and Jakarta. (gda)


adopted from www.thejakartapost.com


 Vocabularies:
1. indict : mendakwa
2. 




 

criminal and criminal procedures code ( KUHP N KUHAP) Article

Govt, House ignore KUHP, KUHAP demands

 Ina Parlina, The Jakarta Post, Jakarta | National | Sat, February 22 2014, 9:53 AM


The government and the House of Representatives has ignored the Corruption Eradication Commission’s (KPK) demands to drop the plan to amend the Criminal Code (KUHP) and the Code of Criminal Procedures (KUHAP), which it deemed would weaken antigraft efforts. The Law and Human Rights Ministry and the House said it would go ahead with their amendment plan. The KPK officially sent on Wednesday letters to Law and Human Rights Minister Amir Syamsuddin, as well as the House and President Susilo Bambang Yudhoyono, calling for the withdrawal of the draft bills. “No, it is impossible [to withdraw the bills],” Amir said earlier this week. In the letter, the KPK also insisted that a different group of lawmakers should deliberate the bills so an unbiased decision can be reached. The KPK said that the House had under three months to complete the job. The KPK also said that deliberation of the bills should also involve all law enforcement agencies, academics and the public. The antigraft body demanded the government scrap all articles concerning prosecution of graft cases from the draft bills, arguing that they were already covered by the anti-corruption law. Amir accused the KPK of playing a political game. “Why raise the issue now?” Amir said. “If the issue was raised when the government was about to submit the draft bills to the House in March last year, the KPK should have raised the issue then. We did not secretly submit the draft bills.” Democratic Party lawmaker Ruhut Sitompul said that the House would continue deliberating the draft bills. “Our tenures will not expire in April, we will still be working until early October,” Ruhut said. Ruhut said that the KPK should not see itself as a privileged institution. “It’s not all about the KPK, we also need to strengthen the police and the Attorney General’s Office to support the fight against corruption,” Ruhut said. Some lawmakers have said that they will continue deliberating the draft bills, unless the government decides to cancel the deliberations. Antigraft watchdogs have rejected the planned amendments due to concerns that it will weaken the antigraft body since the bill on the KUHAP in particular, has a number of “contentious” articles. In the KUHAP bill being deliberated at the House, the right of law enforcement agencies to perform preliminary investigations has been removed. It also aims to create a new post called the commissioner judge, to independently determine whether a law enforcement agency can investigate, search and detain suspects, seize evidence or conduct surveillance. Separately, presidential advisor on law and human rights Albert Hasibuan said that he supported the KPK’s move to reject the planned amendment. “I believe the government truly wants to eradicate corruption,” he said. “Therefore the KPK’s concerns should be taken seriously and firmly by eliminating articles [that undermine its role] by making amendments to the draft. Withdrawing the draft could also be another way.”

adopted from www.thejakartapost.com

Judicial Review (Peninjauan Kembali)

Yusril challenges Presidential Election Law

 Ina Parlina, The Jakarta Post, Jakarta | Headlines | Sat, December 14 2013, 10:15


 AMYusril, a former law and human rights minister, submitted a judicial review request against the law with the Constitutional Court (MK) on Friday, five days after declaring his presidential bid, which was only weeks after the election of Hamdan Zoelva, a former PBB lawmaker, as the court’s new chief justice. He demanded the court scrap several articles in the law, including a stipulation that a party must gain 20 percent of seats at the House of Representatives or 25 percent of the national legislative vote to nominate a presidential candidate. He argued the legislative and presidential elections should be held simultaneously, which meant the legislative threshold to nominate a president would be unnecessary. As a presidential hopeful, Yusril said he now had the legal standing to file the petition. Several major political parties, including the Indonesian Democratic Party of Struggle (PDI-P), the ruling Democratic Party (PD) and the Golkar Party, have raised concerns over a possible conflict of interest in the handling of Yusril’s petition. Yusril and Hamdan were among the politicians who demanded that the Presidential Election Law be reviewed in 2008, demanding the presidential threshold provision be removed. At the time, the court rejected the petition. Didi Irawadi of the PD suggested Hamdan recuse himself from the panel of judges presiding over the judicial review to avoid a conflict of interest. “There is no other choice but to ensure that Pak Hamdan is not on the panel of judges,” he said. After winning several legal battles against the government, including a lawsuit against the General Elections Commission’s (KPU) decision to disqualify his party for the 2014 poll, Yusril said he was upbeat about his petition being granted by the court. He argued the Constitution stated Indonesia embraced a presidential system in which the presidential election should be held before or at the same time as the legislative election. “As we all know, in a republic [presidential] system we first hold a presidential election before holding a legislative election, or we hold both presidential and legislative elections simultaneously. Holding a legislative election before a presidential election only exists in a parliamentary system,” he said. He later cited Article 22e of the Constitution, which stipulates elections are held once every five years and that elections aim to choose members of the House and the provincial legislative councils, as well as the president and vice president. The article, he argued, mandated simultaneous elections. Yusril said if granted, his petition would not disrupt the 2014 elections as the KPU could postpone the legislative election and hold it alongside the presidential election. Constitutional law expert Fajrul Falaakh said the court should reject Yusril’s petition. “Whatever the arguments are, basically he wants to scrap the presidential threshold provision. In this case, the court has been stern. Since it has rejected a similar petition, I’d say it will not grant his petition,” he said. “A presidential system does not exclusively mean having simultaneous elections. Take a look at the US.” Fajrul also criticized Yusril for challenging the law at the 11th hour. “Why should [he] tamper with the system now? With such little time before the elections, it will disrupt preparations,” he said

adopted from www.thejakartapost.com

Malfeasance (kejahatan Jabatan)

Charges for VP, OJK chief loom

 Rendi A. Witular and Haeril Halim, The Jakarta Post, Jakarta | Headlines | Wed, March 05 2014, 8:16 AM


 The Corruption Eradication Commission (KPK) has concluded that malfeasance allegedly committed by former Bank Indonesia (BI) deputy governor Budi Mulya in the decision to bail out ailing Bank Century in 2008 also seemingly involved the then BI board of governors. A KPK document on Budi’s indictment, a copy of which was recently obtained by The Jakarta Post, reveals that Budi and his “colleagues” allegedly misused their authority and caused state losses. According to the indictment, slated to be read out at Budi’s first court hearing on Thursday, the alleged crime was committed “collectively” by then BI governor Boediono, now the vice president, BI senior deputy governor Miranda Goeltom and BI deputy governors Siti C. Fadjrijah, Budi Rochadi, Muliaman Hadad, Hartadi Sarwono and Ardhayadi Mitroatmodjo. Muliaman is currently the chairman of the powerful Financial Service Authority (OJK). Miranda, Hartadi and Ardhayadi retired from their posts several years ago, while Budi Rochadi died on duty while visiting New York in July 2011. Siti had a stroke and is incapacitated. “That is not the case. We should just hear [court proceedings],” said Muliaman on Tuesday when asked for his comment by the Post. Other alleged accomplices in the case, according to the document, included former Bank Century shareholder Robert Tantular and president director Hermanus Muslim, and economist Raden Pardede, who was the then secretary of the Financial System Stability Committee (KSSK). Apart from Budi Mulya, none have been declared suspects by the KPK. However, the agency usually defers prosecuting others until the court hands down a verdict on the first suspect. KPK spokesman Johan Budi refused to comment on the matter. However, he confirmed that the KPK had slapped “collective” charges on Budi and others, such as Siti Fadjrijah. “Until now, Budi is the only suspect. Siti will also be prosecuted, but her health has prevented us from questioning her,” Johan told the Post. The KPK, according to the document, has charged Budi and “colleagues” with abusing their authority in channeling short-term financial assistance (FPJP) to keep Bank Century, now Bank Mutiara, afloat. They are also charged with abuse of authority in categorizing Bank Century as a potentially failed bank that posed a systemic threat to the banking sector. The indictment also alleges that Budi accepted Rp 1 billion (US$87,000) from Robert Tantular in August 2008, around four months before the bailout decision. Budi’s prosecution and court hearing, less than 35 days prior to the legislative election, is the first in the attempt to uncover allegations that President Susilo Bambang Yudhoyono’s inner-circle profited from the bank’s bailout. Politicians have accused the administration of misusing the bailout, worth a whopping Rp 6.7 trillion ($582 million), to finance Yudhoyono’s 2009 re-election bid. The issue has since created a firestorm of political controversy, dogging the Yudhoyono administration with threats of impeachment by members of his ruling coalition. In response to the document on the indictment, Budi’s lawyer, Luhut Pangaribuan, denied that there would be a stipulation on a “collective decision”. “Pak Budi is not in a position to talk about it. He will explain to the court the decision behind the FPJP channeling and in determining the bank worthy to be categorized as a failed bank with a systemic risk.” Under Law No. 3/2004 on the central bank, decisions made by the board of governors are made collectively, meaning that all members are required to bear the same responsibility for any decision made. A case against Boediono and others for the alleged “collective” crime is not without precedent. In 2009, the Supreme Court found former BI governor Burhanuddin Abdullah guilty and sentenced him to three years in prison for the misuse of Rp 100 billion in BI funds in 2004. Burhanuddin had not been proven to have personally benefited from the misappropriation but was found guilty because he, along with the BI deputy governors, had approved the illegal fund disbursement. Gadjah Mada University’s Corruption Study Center (PUKAT) director Zainal Arifin Mochtar said the decision by the KPK to charge Budi with “collective” crimes would paved the way to charge other individuals. “There’s already a construction that this case will involve many more. Budi is just the entry point.” Interest at play in the bailout decision (based on indictment document) 1. BI foundation YKK had Rp 83 billion deposited in Bank Century. If the bank collapsed, YKK would have lost all its money as the government’s guarantee program only covered deposits of less than Rp 2 billion. 2. Interests of the board of governors in YKK was evident as they received mortgages under the Baperum Multi Guna scheme. 3. The need to rescue Rp 2 trillion deposited by businessman Boedi Sampoerna. Tassia Sipahutar and Hans David Tampubolon also contribute to the story

adopted from www.thejakartapost.com