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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 6 Documents
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Search results for , issue " Vol 6, No 1 (2006)" : 6 Documents clear
The Warrant of Arrest Dumitrescu, Dana Alexandra
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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The warrant of arrest: special issuesTheWarrantofArrest:SpecialIssues
Delik Penghinaan dan Beberapa Aspeknya Studi Perbandingan Antara Indonesia dan Amerika Lesmana, Tjipta
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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Press freedom in Indonesia enjoys euphoria following the downfall of Soeharto regime in May 1998. Embarking libertarian theory Indonesia press is putting heavily its function as watchdog, monitoring and supervising all aspects of life in the nation, notably government activities. But the radical change in press life was generally viewed with high discontent among people. They regard the phenomenon as "too luxurious " and cannot be afforded by people 60% of them are uneducated and poor. Various negative impacts were detected during the past 5 years of liberal press experiment. Some journalists, for example, have tendency to recklessly write their reports which defame others and bring law suit in the court. No less than 20 libel cases were trialed since 1998. Publishers and journalists were mostly lost the cases, being heavily fined or threatened to be imprisoned. Some journalists are worried that they become the target of litigation for libel, making accusation that press freedom in the country is currently in a bad shape. Is press trial indeed threatening freedom of the press? This is the research question. It is a qualitative study, using content analysis to collect the data required. About 20 libel cases, 10 in Indonesia and 10 in United States, were carefully investigated. Special attention was paid on 9 aspects of libel case, i.e. correction right (hak jawab), denial right (hak tolak), public interest, public figure, news source, right quotation, true/false report, check-andbalance,  and malice or reckless disregard of the truth. Textual unit analysis is applied, especially views delivered by judges, journalists, and experts in journalism. Comparative study was applied to understand similarities and differences of opinions in both countries.
Konsepsi "Limited Guarantee Terhadap Nasabah Bank Dalam Undang-undang No.24 Tahun 2004 Tentang Lembaga Penjamin Simpanan Ginting, Jamin
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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The condition that unable to pay the fund to the customer at the hank that has a liquidation experience is a bad image for the financial condition in Indonesia, to evade this awful image the government has tried to ensure all customers fund through Keppres No.26 Tahun 1998 Tentang Jaminan Kewajiban Pembayaran Bank Umum that has been renewed by Keputusan Presiden Rl No. 17 Tahun 2004 and Moil between Bank Indonesia and Republic Indonesia Finance Ministry at 8 April 2004, along with KMK No.l89/KMK.06/2004 about the government will ensure all customers fund in bank that will be liquidated, which this condition is known as Blanked Guarantee. Actually this condition is very dangerous to the Indonesian government where government has to ensure all customers fund so through UU No.24 Tahun 2004, been established Lembaga Penjamin Simpanan which limit the guarantee to the customers fund in liquidated bank in certain amount and this is known as Limited Guarantee, the application of the Limited Guarantee is ruled in Undang-Undang No. 24 Tahun 2004 tentang Lembaga Penjamin Simpanan.
Analisis Ekonomi Dari Hukum Terhadap Undang-Undang Nomor 16 Tahun 2001 Tentang Yayasan Pasaribu, Debora
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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The growth of Yayasan (Foundation) in Indonesia has became wide in all public life major such as in social, religion, or humanity major. The existence of Yayasan is a need for the public who want an institution that has a social, religion or humanity character or aims. Yayasan is a tool that functionally can become a tool for the social, culture, and sains works. But lately, the facts show that public bulid a Yayasan not just for the social, religion or humanity matters but also to waive their obligation, such as waive pay the  tax, to rich theirselves, and for the commercial interest that can make a damage to other interest. Beside this problems, there are other problems that occur such as, the activities that done by the Yayasan was not same as the Anggaran Dasar Yayasan and the disputes between the parties in the Yayasan. This problems can come about because there is no regulation that regulate this matters particularly, so with the birth of the UNDANG-UNDANG NOMOR 16 TAHUN 2001 TENTANG YAYASAN hope this problems can be solved.
Lon fuller, Pembuatan Undang-undang dan Penafsiran Hukum Widjaja, Gunawan
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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Laws are made to create legal certainty for the society. Globalization has caused the mingling of legal system and legal tradition. Fuller offered 8 desiderata, the requirements need to make good laws. By following the 8 desiderata, the laws made by legislative body shall provide legal order in the society. The 8 desiderata are generality, promulgation, prospectivity, clarity, consistency or avoiding contradiction, possibility of obedience, constancy through time or avoidance of frequent change, congruence between official action and declared rules. To achieve congruence between official action and declared rules, interpretation plays very important rules. Each legal tradition has its own way of interpretation. One should not use the wrong conception of interpretation otherwise it will create chaos in the society.
Asas Monogami Dalam Hukum Perkawinan Di Indonesia Sari, Vincensia Esti Purnama
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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The understanding of marriage according to Law Number I Year 1974 is a union in every respect between a man and a woman as husband and wife to create a happy and everlasting family based on Cod. A marriage in Indonesia is legal if it is done based on the Religion or individual belief. Marriage is based on monogamy principle that under a marriage, a man may have only one wife and a woman may have only one husband.  The implementation of monogamy principle in Indonesia has a deviation known as polygamy. Law Number 1 Year 1974 allows polygamy for a man who wants to have more than one wife with the condition that his religion allows him to do it as long as his wife/wives agree with, and which is written in an agreement.

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