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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 2, No 3 (2003)" : 5 Documents clear
Non-indigenous People (non-pribumi) and the Indonesian Legal System Winarta, Frans Hendra
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Everyone, especially indigenous people, has a particularly strong claim under the Universal Declaration of Human Rights to keep his own cultural traditions. Article 27 paragraph (I) of Universal Declaration of Human Rights. Indigenous people have been regarded as an emerging object of international law, although it may be more logical to regard them as one class of minority group which has a particularly strong claim for fair treatment from a nation state with a majority of settler descendants. Indonesia has no specific definition of indigenous people; however, it regards its citizens as either  indigenous or non-indigenous people. It is a debated issue that the group of ethnic Chinese, as a minority group of non-indigenous people in Indonesia, are often treated unfairly compared to the indigenous people. This paper will briefly explain how the ethnic Chinese struggle for their basic rights in Indonesia. Furthermore, it will discuss the specific laws and regulations intended to have the effect of creating of perpetuating racial discrimination and what the impact of these are on the process of Indonesian nation building. Finally, the writer draws some conclusions. 
Uniform Domain Name Dispute Resolution Policy: What Is It? Rusli, Hardijan
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Internet domain names raise some unique trademark issue. One of the important issue is  the interface between domain names and trademarks. A mark comprised of an internet  domain name that does not function as an identifier of the source of goods or service  cannot be regarded as a trademark or service mark. Domain names principally are not the same thing as marks and are used for many purposes other than the identification of a producer or seller of goods or services. Domain names function is mainly as connection  facilitation between computers through the Internet but now it seems that there is another function of domain names, because of their easy-to-remember and human friendly form, domain names have become to constitute business or personal identifiers (First WIPO Internet Domain Name Process: Archive, http://wipo2.wipo.int/processl/, 3/17/03). Businesses have come to realize the significant potential of an internet web site as a means for providing information and offering goods or services directly to the consumer public. The domain name, because of its purpose of being easy to remember dan to identify, often carries an additional significance which is connected with the name or mark of a business or its product or sevices. Domain names as business or enterprise  identifiers have come into conflict with trademarks. The potential for conflict inherent  in the two different systems of registration has been exploited by persons who have made it a practice to register the trademarks of other persons or enterprises as domain names for themselves ("cybersquatting") like Mustika Ratu case in Indonesia. The Mustika Ratu dispute was trialedat District Court of Central Jakarta. Edmon akarimfrom Legal Research Center in Technology Law of Law Faculty, University of Indonesia andAgung Damarsasongko.from Directorate General ofHAKI (Intelectual Property Right) as expert witnesses in the case gave explanations that to register a trademark as a domain name is not a trademark infringe, because domain name is used for information and trademark is used for industry benefit.  (http://www,juducial-news.com/News,assp?Pindex=505), A significant number of disputes apparently never rise to the level of being reported. A large proportion may remain unresolved, or may be resolved informally pursuant to a settlement between the parties. Intellectual property right owners have made it clear throughout the WIPO Process that they are incurring significant expenditures to protect and enforce their rights in relation to domain names. Existing mechanisms for resolving conflicts between trademark owners and domain name holders, before 3 January 2000, were often viewed as expensive, cumbersome and ineffective. Recommendations of the International Ad Hoc Committee (IAHC), organized at initiative of the Internet Societys (ISOC) and the Internet Assigned Numbers Authority (1ANA), took note of the tension that existed between domain names and intellectual property rights and included specific procedures designed to resolve conflicts between the two. Uniform Domain Name Dispute Resolution Policy (UDRP) which has been adopted, on 26 August 1999, by the Internet Corporation for Assigned Names and Numbers (ICANN) is incorporated by reference into the Registration Agreement and sets forth the terms and conditions in conection with a dispute between the domain name holder and any party other than the registrar over registration and use of an internet domain name registered. The Uniform Domain Name Dispute Resolution Policy (UDRP) began ramp up implementation on 1 December 1999 and became fully operational on 3 January 2000. ICANN is a new organization formed to manage the policy and technical aspects of the Internet Domain Name System.  Although the policy provides that most domain-name disputes will be resolved by the  courts, it also calls for administrative dispute-resolution proceedings to enable streamlined, economical resolution of disputes arising from alleged "abusive registration."  This writing explains how the Mandatory Administrative Procedure Concerning Abusive  Registrations of UDRP works because lawyers in Indonesia should know it. 
Eksistensi Wakil Kelompok Dalam Gugatan Class Action di Indonesia Ginting, Jamin
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Supreme Court Regulation (Penna) No. 1 Year 2002 about class action procedure had  settled the mean of representative of class as a legal standing in class action procedure.  Definition of representative of class is one person or more that has or have the same fact, law problem and the same sue with all member of the group. The definition above means that ORNOP/LSM (independent organization non government) can not be a representative of class in the class action sue but have right to sue only by the law. The government as a representative of class action sue just for the public interest, even though the governemt is not a member or part of the group. 
Hukum "Money Laundering" Indonesia Mamang, Damrah
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

The concrete activity against money laundering has become internationally concenrn  since the establishment of UN Drug Convention in 1988, in Vienna, Switzerland. The  UN Drug Convention signed by 106 states and it is basically used as ground for the  supervition over money laundering activities in many countries. The Anti Money  Laundering has also become the concern of bank or financial institution since the existence of Basle Committee on Banking Regulation and Supervision Practice which recommend that the bank should pay attention and make necessary regulation to record customer identification properly. In the money laundering combat, G-7( Group Seven ) founded the International body Anti Money laundering known as the Financial Action Task Force on Money laundering ( FATF) and drawn up the Forty Recommendation in  1990 and then it revised in 1996. As a part international community, Indonesia should  actively participate in every effort againts money laundering nationally and multilateral.  In general, Money Laundering as certain process or activity executed by a person or  criminal organization towards money originating from a criminal offense, which has the  intention to hide the source of this money from the government or organization authorized  to take actions againts this criminal offense, which makes mainly use of the method to  distribute the money into the financial system, thereafter resulting this dirty money, when  retrieved from the financial system, to be clean and legal. Meanwhile, Bank Indonesia (  the Central Bank )asa control institution of the banking system in Indonesia, has released  a regulation No. 3/10/PBI/2001 consisting of Know Your Customer ( KYC) as a part  of government concern to prevent national banking system monyel laundering. The  regulation has been suported by international recommendation as avowed by the Basle  Committee on Banking Supervision and the FATF. 
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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