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LAW REVIEW
ISSN : 14122561     EISSN : 26211939     DOI : -
Core Subject : Social,
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
Search results for , issue " Vol 4, No 3 (2005)" : 5 Documents clear
Kedudukan Pemegang Saham (Investor) Dalam Kepailitan Perusahaan Go Public Ginting, Jamin
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

Shareholder of company that sells its shares to public and eventually has public shareholders, popularly know as go-public company, are the last to get the benefits if their company is declared insolvent, that is bankrupt. This condition certainly put the said  people in a very weak position, whereas as investors they should enjoy more legal  protection and not the opposite. By law the Governtment Institution for Investment called Bapepam is required to provide a disclosed information regulation for a go public company against which a banckruptcy is filed. This would assist the interested whether or not to join the company. This working paper concerns with the legally weak position of the shareholders. What legal basis are being based on this situation and how far do the laws and regulations give legal guarantee and security to the investors of a go-public company.
Keputusan Administrasi Negara (Beschikking) Erliyana, Anna
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

Adiministrative decision made by government, legally called administrative Decree  (Ketetapan Aministrasi), is a decision issued by the authority in order to give legal basis  for all administrative actions of public agencies. Not only that, such Decree is also the  rules of procedure or code of conduct upon which every state of government agencies  conduct their interrelation and cooperation. The competence vested within its organs  agencies, which in turn also serves as the source of law for those agencies to operate. A  Decree issued by an Agency not given the legal authority is considered invalid that is,  null and void.
Perbandingan Arbitrase Hubungan Industrial Dengan Pengadilan Hubungan Industrial Rusli, Hardijan
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

Conflicting interests, disagreement on rights, dispute over work termination of working  contract and/or dispute between workers union within one corporation may easily and  frequently arise in labour or industrial relation due to lack ofcovergence of opinions in  the drowning up of, and/or changes of the working conditions or company regulation or  in the collective labour agreement. One of the dispute resolution over interests and workers unions recognized by law is the so- called Extra-judicial Settlement Procedure, beside that of within the court system namely Industrial Relation Court. This extra-judicial settlement procedure, which may be termed as Industrial Relation Arbitration, is a written agreement between parties in dispute recognizing and invoking a settlement procedure upon which those parties agreed that the judgment made by this arbiter is binding and final. The parties also agree that such final judgment may not be submitted to the Industrial Relation Court for further examination. This writing is dealing with the comparison of those two settlement procedures convening to resolve the worker and/or labour related legal problems in pursuant to the Law No. 2 of 2004 on the Industrial Relation Court.
The Duty of Care Versus The Business Judgment Rules Limenta, Michelle Engel
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

Didalam menjalankan tugasnya, seorang DirekturPerusahaan harus mempunyai suatu  kebijaksanaan yang tinggi. Tugas untuk mengambil dan menjalankan keputusan dengan  hati-hati dan bijaksana disebut dengan "the duty of care". Pelanggaran terhadap "the  duty of care" akan menyebabkan Direktur bertanggung jawab secara pribadi. Akan  tetapi, didalam dunia bisnis, seorang Direktur harus mengambil keputusan yang sangat  riskan yang dia percaya dapat memajukan perusahaan. Oleh karena itu, didalam "the  business judgment rule ", Direktur tidak akan bersalah pada kesalahannya yang  dianggap "jujur". Artikel ini akan melihat apakah tindakan dari Direktur ditentukan oleh standar "the duty of care " atau oleh "the business judgement rule " dan bagaimana  hubungan diantara mereka.
Analisis Kasus Laporan Keuangan PT. Indofarma Tbk Armein, Rizka Ardhianty
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

PT Indofarma Tbk is a company working in the area of supplying medicine and other  medical equipment or facilities for public use and benefits. In its Financial Report of the  year 2001, the company did something that according to the existing law is considered  a fraud. The company conducted a misleading information through marking up the  financial status in that report, in which it claimed to have been making big profit but in  reality, it suffer big loss. The Government Institution for Investment Affairs (Bapepam) found out this deceitful action and instantly appointed public accountant to audit the company. The company reasoned that the report was meant to be for internal use and in order to obtain more credit funds from bank. Furthermore it argued that it is legal because the asset considered by bank for credit approval does not include profit or loss made during the past year.

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