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INDONESIA
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 226 Documents
Analisis Hukum dengan Ekonomi Rusli, Hardijan
LAW REVIEW Vol 5, No 2 (2005)
Publisher : Pelita Harapan University

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Abstract

Is the task of law aimed at increase of economic efficiency? The answer to this depends on the political tendency of the reader. For reader who are for market and economic liberal will certainly answer yes, while others who do not agree with this idea, especially those who are "leftists" (disagree with market and economic liberalization), will positively oppose such opinion by saying that the main task of law is to create justice, support right and redistribution. It has to be acknowledged that the answer given by the supporter  of economic idea of law is deemed weak and vague compared to that given by the leftists. Indeed, the proponents of the idea that law is supposed to achieve economic development realize that the main purpose of law is to serve justice and support right, although in some respects advocate the idea that law should also aim at economic liberalization. Many say that the origin of the legal approach to economy emerged in the  USA in 1960s with the writings of Ronald Coase, Gido Catabresi and Richard Possnei: Like any other theories the School of Chicago traces hack its origin of inspiration from the combination of previous approaches.
Zakat, Barang Tambang, dan Keadilan Sosial di Indonesia Hasanah, Uswatun
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

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Abstract

Zakah is a pillar of Islam which is closely related to social justice. It is mandatory for every Muslim’s wealth to meet the zakah provision. All new property can be regarded as wealth, if the property meets two conditions, namely, they can be owned and have benefits to be taken out. Based on those principles scholars argue that all property is subject to zakah, including mining products. Zakah is a fundamental principle to uphold the Islamic social structure, since the proper implementation of zakah will reduce the gap between the rich and the poor. For the Islamic people, zakah is obligatory in the economic, social, and moral respect. In economic field, zakah may prevent the accumulation of wealth on a group of wealthy people, whereas in the social, zakah allows the performance of responsibilities of the rich to the poor. As in the moral field, zakah is expected to purify the property owned by Muzakki (zakah payer), and cleanse the soul of the penurious nature and simultaneously purify society from the nature of envy and jealousy. To achieve social justice, economic justice is needed because economic justice is a prerequisite and a complement of social justice. Economic justice and social justice cannot be separated because the economic justice is the basis on which social justice can be upheld. Positive effects of socio-economic aspects included in the zakah, are able to create social justice in society.
Penelitian Sejarah Hukum Sipil di Indonesia Khumarga, Dahnial
LAW REVIEW Vol 1, No 3 (2002)
Publisher : Pelita Harapan University

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Abstract

The Indonesian Civil Law - which was derived from the Dutch one-is supposed to be the lee generalis of the (Indonesian) Commercial Law Respectively is supposedly the Business Law to the Civil Law as well Commercial Law. Take as example for instance the Law of contract. Which is the main source of the Business Law. Therefore its no  eraggeration to say that a Business Law scholar thould be a "civilist" as prerequisite.  Indonesia, which historically belongs to the Roman Civil Law Tradition Country, is best to make every effort in tracing the historical background of the Legal System concerned. On the other hand it is also expected that the "counterpart", e.g. the Common Law Tradition should be made a study as well, which secently has been influencing the  development of the Indonesian has system quite significantly, especially in the field of  Business Law. By having the knowledge of the history of the Roman Civil Law, hopefully it will be of much benefit to the Business Law scholars and observers. 
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.
Profesi Arsitek Di Dalam Undang-undang Jasa Konstruksi No.18 Tahun 1999 dan Undang-undang Bangunan Gedung No.28 Tahun 2002 Simanjuntak, Manlian Ronald Adventus
LAW REVIEW Vol 6, No 2 (2006)
Publisher : Pelita Harapan University

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Abstract

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. 
Merekonstruksi Persekutuan Perdata Untuk Memenuhi Kebutuhan Praktek Hukum dan Bisnis Modern Widjaja, Gunawan
LAW REVIEW Vol 4, No 1 (2004)
Publisher : Pelita Harapan University

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Abstract

"Maatschap", as regulated in Indonesian Civil Code, is the simplest form of  "cooperation", whereby people ageree that they will jointly put on something (money, goods and or skill), manage, administer and then use it in order to obtain profit and distribute among them. Eventhough the regulation on "Maatschap " has been more than a century, its conception is still valid until today and can be used to explain modern business cooperation. This paper presents that the conception of "Maatschap " can be easily used to explain the relation within a Joint Operation and Loan Syndication.
Pendaftaran Tanah Sebagai Tertib Administrasi Pertanahan dan Jaminan Kepastian Hukum Terhadap Pemegang Hak-hak Atas Tanah Mezak, Meray Hendrik
LAW REVIEW Vol 6, No 2 (2006)
Publisher : Pelita Harapan University

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Abstract

Law Registering as a prerequisite in land administration, will give benefit not just to state administration arrangement. But more than that, will give assurance to the law subject (person or corporate body) in its law certainty about rights for land, which will become a formal and strong evidence for the one who hold the certificate.
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. 
Computer Software Programs : Is It "Goods" Under The United Nations Convention on Contracts for The International Sale of Goods (CISG)? Limenta, Michel Engel
LAW REVIEW Vol 5, No 3 (2006)
Publisher : Pelita Harapan University

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Abstract

Dibandingkan dua Hague Conventions sebetumnya,JLlS dan ULF, CISG adalah konvensi yang menyediakan keseragaman yang lebih baik dalam bidang peraturan perdagangan internasional dan diterima oleh banyak Negara. Yang menjadi pertanyaan dalam artikel ini adalah apakah program software computer, yang merupakan benda tidak berwujud, dapat dikategorikan sebagai benda/goods dalam konsep CISG, karena dalam pasal 2 dan 3 dikatakan bahwa CISG hanya berlaku pada perjanjian perdagangan  (sales contract) benda-benda bergerak (movable things), sehingga perdagangan jasa/service dan benda-benda tidak bergerak adalah diluar aturan/konsep CISG.

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