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INDONESIA
LAW REVIEW
Published by Universitas Pelita Harapan
ISSN : 14122561     EISSN : 26211939     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, November, and March. Law Review provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aim of this journal is to provide a venue for academicians, researchers, and practitioners for publishing original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Medical Law, Adat Law, and Environmental Law.
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Articles 5 Documents
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Search results for , issue " Vol 1, No 1 (2001)" : 5 Documents clear
Is sebab Under The Civil Law The Same As Consideration Under The Common Law? Rusli, Hardijan
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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Abstract

A contract without " sebab " (cause) or made with a false or illegal cause is not binding or a void contract (article 1320 and 1335 ofKUHPer). Sebab (Indonesian) means a cause and it is a constituent of a valid contract. Under common law system, one of the elements required to be present in a valid contract is consideration. There are three bases for finding a promise to be enforceable (Schaber, et al. Contracts, p 75) i.e.: 1. Because the promise was made for valid consideration;. 2. Because the promisee has detrimentally relied upon the promise (^detrimental reliance) (see Todd v Nicol; 1957  SASR 72); 3. Because the promise comes within a statute which makes it enforceable despite the absence of consideration. The promise comes within a statute means that the statute agrees to be enforceable without consideration but only with consideration substitute staled or mentioned on the statute. Reliance upon a promise is a distinct basis for creation of contract rights and duties. It is not dependent upon finding any agreement nor any bargained exchange consideration. Legal historians have found reliance upon a  promise to be a historical basis for an action of assumpsit. Restatement Second, section 90 (I) provides that a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The detrimental reliance is actually a quasi contract, whose legal relationship is based on unwritten or common law (quantum meruit), not based on a binding contract. Quantum Meruit is an equitable doctrine, based on the concept that no one who benefits by the labor and materials of another should be unjustly enriched thereby; under those circumstances, the law implies a promise to pay a reasonable amount for the labor and materials furnished, even absent a specific contract therefor ( Swiftships, Inc v Burdin, La.App., 338 So.2d 1193, 1195). Consideration is the primary basis for contract enforcement under the common law system. It is a basic necessary element for the existence of a valid contract that is legally binding on the parties. Is the consideration under common law system the same as sebab under civil law system ? To be able to answer this question, first there is a must to know what is consideration and what is sebab ? 
Analisis Kedudukan Badan Hukum dari Firma Rusli, Hardijan
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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Abstract

Firma or vennootschap onder Firma is a partnership form which is frequently used by investors. Firma is governed by the commercial code and the provisions of the Maatschap contained in the civil code. Maatschap is a contract law not a partnership form law so it is dellned as a contract whereby two or more persons agree to contribute something together, to carry on a business together, in order to share in the profits accruing from the effort. Maatschap is a contract law that governs those who carry on business together usually deemed as a partnership form. Firma is not defined as a contract but as a partnership form used for traders and businessmen. Maatschaap is not a legal entity nor a legal partnership form. In the Maatschap, partners are not bound to each other because Maatschaap is not a legal partnership form nor a legal entity. A partner of Maatschap will bind other partners if only they have given power of attorney or their business has got the benefits of the transaction. In the Firma, each partner has the right to act in the name of the Firma within the scope of its activities and it binds the  Firma (entity) but each partner, in the Firma, is responsible for each and every liability of the Firma toward third parsons. Even though each partner can bind the Firma (entity), many lawyers still deem that the Firma is not a legal entity because each partner as legal subject of natural person has responsibility of each and every the Firmas liability. It seems that the Firma is not a legal entity but only as legal subject of natural person  because each partner has the responsibility to pay off the Firmas liability. The matter that scholars are still arguing until nowadays is whether Firma is a legal subject (entity) ? 
Meminimalisasikan Resiko Dalam Transaksi Melalui Legal Due Diligence Iskandar, Yosea
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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Abstract

In 1999, Equalnet Communication and e. Volve planned a merger worth between $70 and $ 80 million. The merger seemed to be a natural fit. e. Volve was a facilities-based company , while Equalnet provided long distances communication service; e. Volve focused on wholesale international business .while Equalnet focused on retail domestic business. However, two month after its due diligence review ofe. Volve, it called off the merger. What deal-breaker had due diligence uncovered ? Equalnet learned that e. Volve only had two large customers, and its only current international business  between the United States and Mexico. Although Equalnet already know that e. Volve was only in the planning stages for providing telecommunications services in more countries, Equalnet had been given the impression that these plans were more advanced than they were. Also, Equalnet learned that e. Vollves relationships with its present customer weren t as solid as had been represented. Both corporation went their separate ways and on to different projects and partnership. Due diligence showed that  this match could have been a costly mistake. Due diligence (Blacks Law dictionary) is such a measure of prudence activity or assiduity, as is properly to be expected from and ordinarily exercised by a reasonable and prudent man under the particular circumstances ; not measured by any absolute standard but depending on the relative facts of the special case. Counsel who conduit due diligence reviews as part of the prospective merger or acquisition know that no one analytical method can be used for every acquisition. There are some tools, however that can be modified and used often. One such tool is a list of subjects in which representatives of the selling company can be questioned to test the health and the risk of their business. Another tool is the representations and warranties that the seller can be asked to make in the documents that tire exchanged at settlement. A third is a method of review that tries to merge a financial analysis of the sellers business with an analysis of the business. 
Mengukur Kekuatan Komisi Antikorupsi Winarta, Frans Hendra
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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Abstract

The Indonesia governments first attempt to curb corruption occurred after the 1955 election. It resulted in the arrest of those involved, including civil servants and a minister. In June 1968, Suharto assigned the task of tackling corruption cases to the Team Pemberantasan Korupsi (Corruption Eradication Team) which was, how ever,  ineffective because its efforts were blocked by influential men in the regime. Student protest in January 1970 and press criticism of government corruption resulted in the appointment of a special Commission on four elder statesmen (Komisi IV) by Presiden Suharto to review the problem of corruption within the civil service and to make recommendation for improvement. This commission presented seven reports on those agencies and area that were judged to vulnerable to corruption to Presiden Suharto from February to June 1970. Perhaps the most important consequence of these reports was the passing of the Preventive Against Corrupt Criminal Acts Bill in 1971 which than to be Corrupt Criminal Acts Eradication Act No. 3/ Year 1971. Previously, corruption was dealt with as a crime under the criminal code. Though there was corrupt criminal acts eradication law, corruption remained a serious problem and became institutionalized in Indonesia (WWW. Asiamedia. ucla. edit). In 1999, UU (Act) No. 3/ Tahun 1971 was replaced by UU (Act) No. 31/ Tahun 1999 and according to section 43 (I) ofUU (Act) No. 31/ Tahun 1999 Indonesia should have Commission of Corrupt Criminal Acts Eradication within two years after the law effective. What is Commission of Corrupt Criminal Acts Eradication? This is the story. 
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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Abstract

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. 

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