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Dahnial Khumarga, Dahnial
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Law, Crime, Criminology & Criminal Justice

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Penelitian Tentang Waralaba (Franchise) Apakah Merupakan Salah Satu Bentuk Perjanjian Tertentu Yang Diatur Dalam KUH perdata Khumarga, Dahnial
LAW REVIEW Vol 2, No 1 (2002)
Publisher : Pelita Harapan University

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Abstract

Franchise agreement is generally an agreement between a supplier of a product or  service or an owner of a desired trademark or copyright (FRANCHISOR), and a reseller (FRANCHISEE) under which the franchisee agrees to sell the franchisors product or service or to do business under the franchisors name. A franchise is an agreement which gives the transferee the right to distribute, sell or provide goods, services or facilities, within a specified area, the cost of obtaining a franchise may be amortized over the life of the agreement. In agreement, a franchise is a capital asset and results in capital gains, or loss if all significant powers, rights on continuing interests are transferred pursuant to the sale of a franchise 
Penelitian Sejarah Hukum Sipil di Indonesia Khumarga, Dahnial
LAW REVIEW Vol 1, No 3 (2002)
Publisher : Pelita Harapan University

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Abstract

The Indonesian Civil Law - which was derived from the Dutch one-is supposed to be the lee generalis of the (Indonesian) Commercial Law Respectively is supposedly the Business Law to the Civil Law as well Commercial Law. Take as example for instance the Law of contract. Which is the main source of the Business Law. Therefore its no  eraggeration to say that a Business Law scholar thould be a "civilist" as prerequisite.  Indonesia, which historically belongs to the Roman Civil Law Tradition Country, is best to make every effort in tracing the historical background of the Legal System concerned. On the other hand it is also expected that the "counterpart", e.g. the Common Law Tradition should be made a study as well, which secently has been influencing the  development of the Indonesian has system quite significantly, especially in the field of  Business Law. By having the knowledge of the history of the Roman Civil Law, hopefully it will be of much benefit to the Business Law scholars and observers. 
Persamaan dan Nuansa Perbedaan Antara Corak Peradilan Tata Usaha Negara Perancis, Belanda dan Indonesia Khumarga, Dahnial
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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If we divide the global system of law just into two great Systems, namely Anglo American Law System and Roman Germanic Law System - not including the Islamic Law System and the Socialist law System - then Indonesia supposed to be included into the latter. This has happened because it was the Dutch colonial regime who introduce the Continental European legal system to the Netherlands East Indies some 150 years ago, while the Netherlands belonged to the Roman Germanic Law system country.  Because of the annexation by France in the early 19 th century, the Dutch legal system it self was very much influenced by the French legal frame work, which respectively derived it from the Roman Law System. This had happened not only to the Civil and Commercial Law since the early 14 th century, but later also the Administrative Law including the Administrative Courts procedure. As far as Administrative Courts Rules are concerned, the influence of the French system to Indonesia has not just been of historical matter. The advancement and superiority of the French Administrative Courts Regulations had motivated the Indonesian as well as the Dutch government and scholars to make (comparison) studies in France with the possibility to adopt and adapt the France system into their Administrative Courts system. Nevertheless, it doesnt mean that the Dutch as well as the Indonesian Administrative Courts Rules are just a copy of the French one. 
Menuju Cita Supremasi Hukum Khumarga, Dahnial
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Supremacy of Law, which means that all persons (individuals and government) are subject to laws. Supremacy of the law requires the rule of law. Aristoteles said more than two thousand years ago: " The rule of law is better that of any individual". Lord Chief Justice Coke quoting Bracton said in the case of Proclamation (1610) 77 ER 1352:  " The King himself ought not to be subject to man, but subject to God and the Law,  because the law makes him King". fHTTP://www.ourcivilisation.com /cooray/btof/  chapl80.htm). The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-establish ed and enforced law. The rules of proceduring, evidance and natural justice also protect individuals from arbitracy governmental action and illegal deprivation of private rights. They are essential to the protection of individual right of personal freedom and private property. 
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