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GLOBAL LEGAL REVIEW Faculty of Law Universitas Pelita Harapan Building D 4th Floor Jl. M. H. Thamrin Boulevard 1100 Lippo Village, Tangerang 15811 - Indonesia
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Global Legal Review
Published by Universitas Pelita Harapan
ISSN : 27760308     EISSN : 27761347     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Global Legal Review, published by the Universitas Pelita Harapan Faculty of Law, is a forum for published research and the scientific discussion of law. It serves as an input to the development of both national and international law. The journal is also a place to accommodate publications expected from doctoral candidate completing their dissertation both from domestic and foreign universities and/or research institutions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1, No 2 (2021): October" : 5 Documents clear
Rethinking Legal Status of Polytechnic in the Law of Education System Tonny Pongoh; Henry Soelistyo Budi; Bintan R. Saragih
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4037

Abstract

The legal status of polytechnic has been fundamentally changed from time to time. After the Law of National Education System Number 20/2003 and the Law of Higher Education Number 12/2012 came into effect, the polytechnic has been granted a new legal status that offers more diverse programs at various levels. Since then, polytechnic could conduct vocational diploma programs and degree programs in applied sciences from graduate to postgraduate. This legal status raises legal problems whether polytechnic is a higher education institution in vocational or applied sciences. Best education practices in some countries classify applied sciences higher education as academic education, not vocational education. This doctrinal research paper then will examine this legal problem using statute, historical and comparative approach, in the light of the Development Legal Theory. This study shows that the legal status of polytechnic is heavily dependent on government policy. In the absence of a clear and firm ground policy of vocational education, the legal status of the polytechnic has been interpreted differently from time to time. The government ought to reset the vocational education policy and then reform the law of the national education system. Therefore, the legal status of the polytechnic will be more sustainable and have better legal certainty accordingly. Regarding the recent development of higher education, it will be better if the government constitutes polytechnic as a higher education institution in applied sciences.
Prescription Drugs Price Setting and Generic Drugs Prescription concerning Consumer Protection Law in Indonesia Jenny Jatemin; Jovita Irawati
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4126

Abstract

Health is one of the most important human rights in human life. Access to affordable prescription drugs is still a problem for people with out-of-pocket expenses. Generic prescription drugs that are much cheaper than non-generic drugs are still low, especially in non-government healthcare facilities. This research aims to provide suggestions of regulation on price control of prescription drugs and generic prescription drugs that will assure certainty and affordability for the public. The methodology is doctrinal legal research and is supported by empirical studies. The research finding consist of two things, namely the price of prescription drugs and the prescription of generic drugs. The first finding is that Highest Retail Price (HET) set by the manufacturer is potentially to be unlimited because there is no limit control. Currently, there are many drugs sold over HET with minimal supervision from the Government. The absence of law is found as the existing regulations are only for those listed in the National Formulary, while the rest have not been regulated. Therefore, the suggestion is to set ceiling prices for prescription drugs with comparison among generic drugs, branded generic drugs, and the originator; also create a refund mechanism for prices above HET to assure the consumers’ rights to get compensation under the Consumer Protection Law. The second finding is that only a few doctors prescribe generic drugs. Additionally, patients have not been involved in the treatment decisions.Therefore, the suggestion is to associate "the action of prescribing generic drugs" with the extension of doctor's license, namelythe Registration Certificate (STR); so that doctors will prescribe generic drugs without the need for close supervision due to their interests. With the increase of generic drugs’ prescription, the financing of health services, nationwide as well asindividually, can become more affordable.
Notary Malpractice in Carrying Out Their Duties and Authorities Winanto Wiryomartani
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.2879

Abstract

As an official whose duty and authority is making authentic deeds, a Notary is responsible for all the content of the deed he/ she made and all the information relating to the deed made before/ by him/ her, based on the Official Oath of the Notary and Notary Law. Notary is a noble position (noblese obligue), and Notaries are expected to keep their dignity as official. The consequences of such honorable position and authority of Notary is that Notaries are obliged to do everything that is regulated in the Notary Law and obey everything that is prohibited by the law, regulations, and the Notary’s Code of Ethics, in carrying out both their duties and authority, Notaries are responsible for any consequences arises from any violation of the position of a Notary. For any malpractice committed by a Notary, a Notary may be held liable to civil and criminal lawsuits. This article explains about: (1) The law and regulations applied to Notary in Indonesia in carrying out their duties and authorities. (2) How does the Notary practice in Indonesia in carrying out their duties and authorities. (3) How the ideal Law and Regulations should be applied to Notary, so that Notary malpractice can be eliminated, or at least reduced, and Notaries can carry out their duties and authorities as they are mandated. 
Strengthening the Law on the Construction of High-rise Building That is Beneficial to Support National Development Michael Sofian Tanuhendrata; Jovita Irawati; Henry Soelistyo Budi
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4111

Abstract

The number of high-rise buildings in the big cities of Indonesia is increasing along with land being more limited and its prices being very high. Most of these high-rise buildings are in Jakarta and some of them are facing the risk of building failure that may cause business and operation interruption.  These buildings that have been erected and operating need to receive regular maintenance and supervision to ensure the building's condition and safety. Many building owners and managers do not conduct and plan maintenance and supervision properly causing these buildings of being at risk of fire and building structure – mechanical failure / damage. For this reason, rigorous regulations, and its enforcement in building construction and maintenance are needed to ensure that these buildings operate reliably and encourage building owners and facility manager to comply with them properly. Cultivated Penalty and strict sanctions need to be renewed and must be implemented properly by Government bodies and local authority. Building Audit Institute can be formed to assist the central government and local governments (Governor) in carrying out their functions to ensure the safety and security of buildings, including their users. Strengthening existing laws and regulations will greatly assist in law enforcement and certainty for owners, building managers and building users, which in turn will support national development.
The Plea Bargaining System as a Criminalization Model Under the Law Number 19 Year of 2016 on Electronic Information and Transaction Act and the Dignified Justice Rinto Wardana
Global Legal Review Vol 1, No 2 (2021): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v1i2.4098

Abstract

From the perspective of economic analysis of law theory, the increasing number of criminal convictions  would indicate that the Indonesian  criminal Code and regulations have not been  effective in reducing the rate of crimes. By combining a preliminary hearing, hearing of cases through a special route and the application of the principle of bargaining for sentence in the plea bargaining system, a new mechanism may be formulated in the Indonesia criminal justice proceedings. This criminal justice approach employs the dignified justice principle (teori keadilan bermartabat) approach, whereby, the trial of cases using a preliminary hearing as a special route under a sole judge that is intended for an accused who pleads guilty and bargains for a sentence. Accordingly, this research attempts  to explore the use of the principles of the plea bargaining system as a criminal justice model under the Law Number 19 year of 2016 on the Electronic Information and Transaction Act (“EIT Act”). Equally important, this research employs the juridical-normative method, statute, case, and conceptual approaches in order to obtain a comprehensive result. 

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