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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 3, No 3 (2004)" : 5 Documents clear
Tinjauan Yuridis Perjanjian Sewa Guna Usaha Dengan Hak Opsi (Financial Lease) Dalam Perspektif Hukum Positif Indonesia Sulivan, Robby; Widjaja, Gunawan; Rusli, Hardijan
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

 Nowadays, business world competition becomes fiercer. With such a competition, high efficiency is needed to face it. In conducting its activities, a company will meet various problems, such as capital goods fulfilment. In acquiring the capital goods, huge amount of money is required certainly. To solve the problem, financial lease transaction applied.  Financial lease is company financing activity in terms of capital goods supply in order to be used by the company for a certain period, based on periodical payments, accompanied by option right (optie) for the company to purchase related capital goods or to extend the leasing period based on agreed left over value. Leasing as a kind of financing activities has been recognized in Indonesia since 1974, marked by Multiple Agreement Letter  about Leasing Business Permission among Indonesian Minister of Finance, Minister of Industry, and Minister of Trade; Number: Kep-122/MK/IV/2/1974, Number: 32/M/SK/2/I974, and Number: 30/Kpb/I/74. Based on a study on analysis unit in this writing, the author will describe financial lease agreement law position within Indonesian positive law perspective. Also in this writing, rights and obligations of all involved parties  in financial lease agreement will be discussed.
Tinjauan Yuridis Rapat Umum Pemegang Saham Dalam Perseroan Terbatas (PT Tertutup) ., Diana; Widjaja, Gunawan; Rusli, Hardijan
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

 There are many types of company in Indonesia. Limited Company is the most favourable type for owners because their responsibility is limited still they have the privilege to replace or shift their shares. Basically, Limited Company is a cooperation agreement made by the founders. Generally, the bargaining position of each founder is not always  the same. This leads to the arising of 2 different groups, i.e. the majority shareholders and the minority shareholders. Commonly, the majority shareholders is the owner who has more than 50% of the shares in a limited company. Hence, the majority shareholder  holds the strongest position in decision making in general meeting of shareholders  and have the advantage to decide any decision whether would be a positive and negative to the company and minority shareholders. In thus circumstance, to protect minority rights and interest, the limitation and restriction to the majority owners rights and needed.  UUPT gives protection to the minority shareholders in General Meeting of Shareholders through the minimum quorum limitation. Even so, in the real situation, such regulation is not adequate to protect minoritys right. This script would view some of the General Meeting of Shareholders regulation and implementation in Indonesia; and also to comment and give advice to settle some of these matters.
Tinjauan Yuridis Terhadap Kreditor Konkuren Dalam Hal Tercapainya Perdamaian Dalam PKPU Wijaya, Nini Putri; Widjaja, Gunawan; Rusli, Hardijan
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

Now a days, where the economy has not fully recovered from crisis yet, business and entrepreneurs must be extra careful in carrying out their business. Many have been forced to shut down their business due to their incapability in paying out debts that are already due. If a businessman/ debtor has more than one creditor and one of the debts are already, then by request of the creditor, the debtor can be filed bankrupt. This is regulated by Indonesian Bankruptcy Law article I (1). As a reaction to this, the law has provided the debtor an alternative way put, that is by Suspension of Payment.  Suspension of Payment is a request made by the debtor to the court to give a period of time to suspend the payment of the debt which is due because of certain reasons. This is regulated by article 212 Indonesia Bankruptcy law. In the Suspension of Payment , many parties beside the debtor is involved, among other are the creditors, which consist of three kinds of creditor who are: unsecure creditor, creditor with security, and creditor with special right. By having this Suspension of Payment, the creditor with security  who has the right to execute their security, must be suspended for a period of time until the verdict of the court is resulted. The rights of that creditor is only suspended, not dismissed until the judged gives out a verdict of either bankruptcy or reconcilement means. After the verdict is resulted, that creditor can execute their rights, which can  unbenefit the debtor and the unsecured creditor. Because of the Indonesian Bankruptcy law has not yet given enough protection, that is why the Indonesian government still discussed the new Indonesian Bankruptcy Law, hopefully can give enough protection to all parties. However, this study typologically falls into the category of normative legal  research. Therefore, this research is qualitative in nature and mainly uses literary method in gathering the data required. Further, those data were processed with other stipulating and related laws and regulation.
Kewenangan Pengadilan Negeri Jakarta Pusat Dalam Kaitannya Dengan Pembatalan Putusan Arbitrase Internasional Ditinjau Dari Kasus Antara Karaha Bodas Company, Pertamina dan PLN ., Hendra; Widjaja, Gunawan; Rusli, Hardijan
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

Freedom of contract gives flexibility to litigants in determining choice of law, choice of jurisdiction, and choice of domicile. In the unlimited business era nowadays, arbitration is a very popular forum for businessmen in many countries in settling civil disputes outside the courts, because of the simple procedure and relatively fast result compared to the court procedure. Besider the arbitration award is not for public exposure, which is very important for the businessmen who their credibility. On the other hand, businessmen who have won the case are when it comes to the enforcement of the arbitration award which have to involve the court. The most common thing that happened is that mostly the losing party will ask for a annulment or refusal of the arbitration award in the country where the award will beexecuted. In Indonesia, according to the article 70, 71, and 72 Undang-Undang No. 30/1999 concerning arbitration and alternative dispute resolutions, the authority to annul an arbitration award is in the hand of the district court. In article 70 Undang-Undang No. 30/1999 it is mentioned that the parties can file an application to annul an arbitration award if any of the following conditions are alleged to exist : 1. Letters or documents submitted at the hearings are acknowledged to be false or forged or are declared to be forgeries after the award has been rendered; 2. After the award has been rendered there are documents found which are decisive in nature and which deliberately concealed by the opposing party; or 3. The award was rendered as result of fraud committed by one of the parties to the dispute. In the Case between Karaha Bodas Company, PERTAMINA, and PLN, the District Court of Central Jakarta has an authority to annul the Geneva arbitration award according to is only valid the conditions in article 70 Undang-Undang No. 30/J999, but the annulment award can only be used in  the Indonesian law territory, it is not an obligation for other courts in other countries to the follow the annulment award, due to State Sovereignty of every country. An annulment of Geneva arbitration award, in order to admitted and enforced by each country, must be done by the court in Geneva, Swiss in which the arbitration award has been given, or according to the law by which the award has been given. This is according to article V (])e New York Convention 1958. 
Tindak Pidana Pencucian Uang (Money Laundering) di Indonesia Dharyanto, Ikang
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

Money laundering is the use of money derived from illegal activity by concealing the identity of the individuals who obtained the money and converting it to assets that appear to have come from a legitimate source. It can simplify things by saying that money laundering is a process to make dirty money appear to be clean. The appearance part is very important, because under American Law, dirty money is never "clean", no matter  how many times it goes through the rinse and spin cycle. 

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