As an essential principle in contract law, Indonesia has regulated good faith in the Indonesian Civil Code (the Dutch Civil Code that the Indonesian government uses based on the principle of concordance). However, the definition and benchmarks are not yet clear. There are no further provisions regarding the meaning and concept of this principle in the Indonesian Civil Code or other regulations. This absence of a single understanding of good faith principle in contract causes different opinions and legal certainty, whether from the business actor who signs the agreement or the judge as the third party who resolves contract disputes between parties. Therefore, future Indonesian contract law needs to regulate the definition and benchmarks for good faith principle. In order to find out the meaning and clear benchmarks for the good faith principle, the authors use a normative juridical method with a statute and conceptual approach. This research finds that the definition and benchmarks for the good faith principle is possible to be developed and regulated in Indonesian contract law. It shall set that good faith principle is based on honesty, decency, and fairness, which covers every agreement stage, from pre-agreement, agreement implementation, and after the agreement is completed.
Delay is the leading challenge in completing Engineering, Procurement, and Construction (EPC) projects. Delay can cause excess costs, which reduces company profits. The relationship between subcontractors and the main contractor is a critical factor that can support the success of an EPC project. The problematic financial condition of the main contractor can cause delay in payments to subcontractors. This research will set a model that combines the system dynamics and earned value method to describe the impact of subcontractor advance payments on project performance. The system dynamics method is used to model and analyze the impact of interactions between variables affecting project performance, while the earned value method is applied to quantitatively evaluate project performance and forecast schedule and cost outcomes. These two methods are used complementarily to achieve a holistic understanding of project dynamics and to optimize decision-making. The designed model selects the optimum scenario for project time and costs. The developed model comprises project performance, costs, cash flow, and performance forecasting sub-models. The novelty in this research is a new model for optimizing project implementation time and costs, adding payment rate variables to subcontractors and subcontractor performance rates. The designed model can provide additional information to assist project managers in making decisions.
This study explores the interconnected roles of organizational atmosphere, psychological capital, work engagement, and psychological contract on the work performance. Structural equation modeling and moderated mediation analyses were conducted to test the hypothesized relationships. Methodologically, the study employed a stratified random sampling of 369 faculty members across various disciplines. Key findings reveal that both organizational atmosphere and psychological capital have a significant positive impact on work engagement, which in turn, enhances work performance. Work engagement acted as a mediator in these relationships. Moreover, the psychological contract was found to moderate the relationship between work engagement and work performance, indicating that the engagement-performance link is stronger when employees perceive their psychological contract has been fulfilled. The implications of this research are multifaceted. Theoretically, it contributes to organizational behavior literature by integrating psychological contracts into the engagement-performance narrative. Practically, it provides actionable insights for university administrators, suggesting that investments in a supportive organizational atmosphere and the development of faculty psychological capital are likely to yield improvements in engagement and performance. The study also underscores the importance of effectively managing psychological contracts to maximize employee output.
This study investigates the changing nature of the psychological contract in the digital era, particularly how fluid work arrangements alter traditional employment dynamics. Utilizing a conceptual approach informed by a narrative review, this study examines the historical development of the psychological contract through foundational studies, while also integrating recent research that highlights the transformative influence of digital platforms in fluid work environments. The key contribution of this study is the innovative model it proposes, which captures the complexities of the psychological contract in modern digital and fluid work settings. This model provides a comprehensive theoretical framework to understand evolving employer-employee relationships and practical insights for organizations navigating these changes. It represents a significant advancement in both theory and practical application, connecting traditional employment principles with the dynamism of digital-era work.
This study examines the impact of state highway construction contracts on state spending efficiency controlling for production structure, service demands, and situational factors. The theoretical argument is that because highway construction projects are relatively large in scale, complex, and can be monitored through objective performance measurement, state highway construction programs may save government production costs through contracts. Contracting helps highway producers achieve efficiency by optimizing production size based on workload and task complexity. The unit of analysis is 48 state governments’ highway construction contracts from 1998 to 2008. Through a two-stage analysis method including a Total Function Productivity (TFP) index and system dynamic panel data analysis, the results suggest that highway construction contracts enhance state highway spending efficiency, especially for large-scale construction projects.
This article explores the development and legislative process of concession agreements within the framework of Public-Private Partnerships (PPPs) in the EU, tracing their origins to the United Kingdom in the early 1990s. Driven by national policies, the Ministry of Finance in China has promoted PPPs in infrastructure and public services. This study focuses on the basic principles, legal nature, and general rules of EU concession agreements, aiming to provide legal strategies for Chinese franchising agreement legislation by drawing on the EU’s legislative experiences.
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