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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 2 (2001)" : 5 Documents clear
Undang-undang Merek No.15 Tahun 2001 Widjaja, Gunawan
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Regulations pertaining Trade Mark and Trade Seivice have been changed for several  times. The first amendment broke the First to Use system of Mark registration onto the First to Register. The second amendment made in 1997 to Law No.19 Year 1992, by Law No.14 Year 1997, has already considered the participation of Indonesia in tlw Agreement Establishing the World Trade Organization. Again today based on the same consideration (the participation of Indonesia in the Agreement Establishing the World Trade Organization), Indonesia issued new law pertaining the Mark with Law No. 15 Year 2001. If we read through the fio.15 Year 2001, we could find that actually there are at least nine changes and amendments. Among them two matters are really new for Indonesian legal syatem, i.e. the using of Commercial Court as the only Court having authority to handle settlement of Mark disputes (beside arbitration); and the introduction of Provisional Measures introduced in Article 50 TRIPs. This paper will elaborate the used of Commercial Court in settling Mark disputes, and provide basic knowledge of Provisional Measures as stipulated in Article 85 to Article 88 of Law No.15 Year 2001. 
Bagaimana Keluar dari Masalah, Hukum Impoten, Korupsi Omnipoten Winarta, Frans Hendra
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Corruption occurs whenever a judge or court officer seeks or receives a benefit of any  kind in respect of an exercise of power or other action. Such acts usually constitute criminal offences under national law. Examples of criminal corrupt conduct are : bribery, fraud, utilisation of public resources for private gain, deliberate loss of court records, and deliberate alteration of court records. Corruption also occurs when instead of proceedings being determined on the basis of evidence and the law, their outcome is affected by improper influences, inducements, pressures, threats, or interference or directly or inderectly, from any quarter or for any reason including those arising from : a conflict interest; nepotism; favouritism to friends, or a particular association or institution; consideration of promotional prospects; consideration of post retirement placements; improper socialisation with members of the legal profession, the executive, or the legislature; socialisation with litigants, or prospective litigants; predetermination of an issue involved in the litigation; prejudice; and having regard to the power or desire of goverment or political parties; or other pressure groups. Corruption is so large and nearly all of it happens in Indonesia because the law is impotent. Is there any medicine or is it still posible cured ? It is nothing imposible. 
Kajian Hukum Pajak: Keuntungan metode saldo menurun dari metode garis lurus dalam penyusutan Widjaja, Siana Murti
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Businesses use a variety of fixed assets, such as equipment, furniture, tools, machinery, buildings, and land. Fixed assets are long term or relatively permanent assets. They are tangible assets because they exist physically. They are owned and used by the business and are not offered for sale as part of normal operation. Other descriptive titles for these assets are plant assets or property, plant, and equipment. Fixed assets, except land, such as equipment, buildings and land improvements lose their ability, over time, to provide services. As a result, the costs of equipment, buildings and land improvements should be transferred to expense accounts in a systematic manner during their expected useful lives. This periodic transfer of cost to expense is called depreciation. Factors that cause a decline in the ability of a fixed asset to provide services may be identified as physical depreciation or functional depreciation. Physical depreciation occurs from wear and tear while in use and from the action from the weather. Functional depreciation occurs when a fixed asset is no longer able to provide services at the level for which it was intended.  Pursuant to article 11 of Act No. 17/Year 2000 about Income Tax, tangible assets are grouped as Buildings and Non-Building. Buildings are divided into Permanent and Non-Permanent. The only depreciation method used for Buildings complied with Act No. 17/Year 2000 is Straight Line Method. But there is choice of methods for Non-Building, Straight Line Method or Declining Balance Method. If Declining Balance Method is used, it will accelerate the depreciation. Another way to accelerate the depreciation is to short expected useful life of fixed asset. But this way cannot be done for the assets expected useful life has already been fixed on by government. Is there any benefit of using Declining Balance Method ? 
Key Factors Affecting to Construction Insurance on Fire Safety on High Rise Building in Indonesia Simanjuntak, Manlian Ronald Adventus
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

The fire damage occurs in unpredictable time and can cause losses to the owner because of the damage. Relevant research indicated Fire Safety Design is very important to detect and prevent against fire damage. The four key variables influencing building reliability in preventing fire damage carried out by the consultant and controlled by the construction manager in the projects and their contribution to the model are: detection and fire alarm (active protection) = 43.3 %, building architecture (passive protection) = 21.2 %, the designers fire certificate = 8.4 % and special equipment to stop fire = 5.3 %. In order to allocate the risk, the construction practice use the insurance contract by paying some of cost (premi) according to the risk of fire damage. There are key factors that influence to the law of construction insurance on fire safety on high rise buildings in Indonesia that will be discussed in this paper. The variables than can measure the premi index in construction insurance to guarantee the assets of buildings and lifes from fire damage. 
Mengenali Masalah-masalah Hukum E-commerce Rusli, Hardijan
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Companies have ventured onto the Information Superhighway in increasing numbers to  "reduce distribution and marketing costs eliminate the middleman increase efficiency,  promote impulse transactions and streamline distribution to far-flung locales" as well as to  "connect directly with consumers at home streamline operations and internal transactions,  and increase business -to- business sales. The value of US based-commerce transactions was estimated to be $ 43 billion in 1998, and projected to grow to $ 1.3 trillion by 2003, over nine percent of total US business sales. More importantly, electronic commerce ("e-commerce ") stands on the threshold of broad global acceptance. According to projections bv one research firm, worldwide e-commerce sales will reach as high as $ 3.2 trillion in 2003, reprensenting nearly five percent of all global sales. Likewise, governments around the world have enthusiastically embraced e-commerce as a positive development that should be encouraged. For example, numerous governments have announced that fostering e-commerce is a major public policy objective. Indeed,  governments themselves have benefited from the e-commerce revolution by launching their own Web sites to better communicate with and serve constituents while reducing transaction costs. State upon state, and country upon country, have noted this movement online and responded by proposing, and in many cases enacting, e-commerce legislation and regulations on a wide variety of topics: taxation of e-commerce transactions, jurisdiction over online transactions, data protection and data privacy, confidentiality of e-commerce transaction (including export controls of encryption products), unsolicited commercial e-mail (spam), information security, and the enforceability of e-commerce transactions. (Thomas J. Smedinghoff, and Ruth Hill Bro.; Moving With Change: Electronic Signature, Legislation As A Vehicle For Advancing E-Commerce).How is Indonesia? Is Indonesia ready to have ONLINE LAW? Like Robert F Kennedy said that "unless we moved with change we would become its victims ".Indonesia has to have e-commerce transaction act because it is a positive development so there is no reason for not setting up the essential law. This article is about introducing what legal issues in e-commerce transactions. 

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