LAW REVIEW
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.
Articles
226 Documents
<![CDATA[Pengertian Utang Sebagai Dasar Permohonan Pailit Dalam Yurisprudensi ]]>
<![CDATA[Ginting, Jamin]]>
<![CDATA[ LAW REVIEW Vol 2, No 1 (2002) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[The definition of debt is definitely important in avoiding bias interpretation. Without a  debt definition in the Bankruptcy Act No. 4 Year 1998, it has created crosswise-opinions  that cause no assurance of law in the view of creditor, debtor, judge and advocate involved in case of bankruptcy. In some decision of bankruptcy sentenced by Commercial Court and Supreme Court made definition of debt as the simple meaning but the other hand definition of debt as wide meaning. ]]>
<![CDATA[Komisi Kebenaran dan Rekonsiliasi, Permasalahan dan Prospeknya ]]>
<![CDATA[Lesmana, Tjipta]]>
<![CDATA[ LAW REVIEW Vol 5, No 1 (2005) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[As a nation and state Indonesia is currently in a terribly "bad shape " facing multi-dimension crisis, foremost are economic crisis, judicial crisis and moral crisis. Etnic as well as vertical conflicts are pervasive everywhere. Promoting national unity and reconciliation are absolute prerequiste to address those crisis. Creation of Commission for Truth and Reconciliation as stipulated in Act Number 34/2004 is a positive and important step for crisis management. Implementation of The Commission, however, should be carefully and wisely guided. The Commission is not to punish, bur rather to  uncover and heal the nation. Those who confessed their crimes truthfully should be granted immunity from prosecution. Ultimately, the goals of Commission is to contribute to end and account for past abuses of authority, to promote national reconciliation and/or bolster a new political order or legitimize new policies. To fulfil its objective it is imperative that the Commission comprise of members whose loyalty to Unity State (NKRI), Pancasila and Constitution is firm, non-pratisan, and has a strong drive to promote the just and prosperous Indonesia in the future.]]>
<![CDATA[Kepastian Hukum dalam Undang-undang Minerba ]]>
<![CDATA[Yuking, Ana Sofa]]>
<![CDATA[ LAW REVIEW Vol 11, No 1 (2011) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[Law Number 11 of 1967 concerning Basic Provisions of Mining is no longer current. Therefore, revision of laws and regulations in the field of mineral and coal mining is required in order to manage and seek potential minerals and coal in an independent, reliable, transparent, competitive, efficient and environmentally sound manner and to sustainably assure national development. A fundamental change from Law Number 4 of 2009 is the changing in the management of mineral and coal mines from contracts of works and coal contracts of works that previously placed the government in equal position with Mining Investors as Civil Law subjects. Now, the law has switched to a Licensing System. The Government is no longer placed alongside Mining Investors; the government is currently acting as the authority to grant Mining Permits. The authority shall be exercised under provisions of laws and regulations which impose legal consequences on both Mining Investors and the government as the licensing authority. Regarding the governmentâs position as regulator, there is an inconsistency in the divestment policy of Law number 4 of 2009. The government still obliges foreign parties to divest their shares to the government as the priority; rightfully, the obligation of share divestment should be addressed to BUMN or BUMD. Transitional provisions in Law number 4 of 2009 regulate that contracts of works and coal contracts of works that already exist prior to the effectiveness of this Law shall remain valid until the contracts/agreements expire, with the provision that all articles that are contained in contracts of works and coal contracts of works must be adjusted to the Law with the exception of state revenues. Mining Concessions (or Kuasa Pertambangan) that already exist prior to the effective date of this law, based on Government Regulation Number 23 of 2010, shall remain valid, but should be adjusted into Mining Permits (or Ijin usaha Pertambangan).]]>
<![CDATA[Analisis Keputusan Bapepam Atas Kasus Insider Trading PT Bank Mashill Utama Tbk ]]>
<![CDATA[Ekel, Natalia Grace]]>
<![CDATA[ LAW REVIEW Vol 1, No 3 (2002) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[The development of the economic sector can be known from the growth of the capital market. Capital Market in Indonesia is regulated by the Law of the Republic of Indonesia Number 8/1995 concerning Capital Market. The legal problems in the capital market are mainly related to the violation of the laws concerning capital market, such as misleading information, fraud, market manipulation, insider trading, etc. To avoid the violation, the government must have a policy that laws have to be obeyed by all parties involved. This is important to evoke a good competition in the trading of shares and bonds. There are so many cases related to the insider trading. Insider trading is defined as a trading which is done by an insider who possesses confidential information that has not been disclosed  yet, in order to get the profit. Insider trading will undermine the trust of the investors  and it will inflict a financial loss. Based on those reasons, it is very important to avoid and  solve insider trading by punishing the insiders who manipulate advantages of insider trading. ]]>
<![CDATA[Kekhususan Tugas KPK dalam UU No.30 Tahun 2002 Dibandingkan Dengan Ketentuan Dalam Hukum Acara Pidana ]]>
<![CDATA[Dharyanto, Ikang]]>
<![CDATA[ LAW REVIEW Vol 4, No 2 (2004) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[Corruption in Indonesia has become widely in the society. The existence through the years can be seen from the corruption cases that always occur and have resulted of the big losses of the economic demand. Besides that, we can also see from the quality of the criminal act which is done with a great and neat systems and also has came into the social life in a country. The raise of the corruption can bring a big destruction to the economic life in Indonesia. Corruption can be categorized as a criminal act that break the  social rights and society economic rights. So that corruption can not be anymore categorized as normal crime. Thats why instead of the normal ways, to tight corruption a country should use the extra, ordinary method. The maintenance to fight the corruption which has already used the conventional ways was totally failed. Because of this there is a need to use a new method to fight the corruption, such as establishing an institution that has a special authority, and independence, like KPK (Komisi Pemberantasan Korupsi).  KPK is a institution which has special authority and independence and free from the other institution authority. Hopefully with this institution the corruption in Indonesia can be gone forever.]]>
<![CDATA[Penerapan Ideologi dan Konstitusi Negara Indonesia Dewasa Ini ]]>
<![CDATA[Juremi, Radi Anky]]>
<![CDATA[ LAW REVIEW Vol 6, No 2 (2006) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[Ideology and Constitution are fundamentally needed for a sovereign states such as Indonesian Republic. It is because ideology will give shapes of any regulations that exist in a state constitution, and those constitutions will give a role model of the implementation in establishing a state, because of that the existence of ideology and a sovereign constitution for a state is crucial in initiating the state objective. Pancasila and The 1945 Constitution to Indonesian Republic are a basic guidelines to reach the objective. But nowadays in the process of Indonesia reformation where the center attention are  in reform of the political system, the 1945 Constitution has been amendment, so it seems by public view Pancasila as our state Ideology has been submerged. Does the amendment of the 1945 constitution really discard Pancasila as our Ideology ? and how the implementation of the amendment of the 1945 constitution ?]]>
<![CDATA[Analisis Kedudukan Badan Hukum dari Firma ]]>
<![CDATA[Rusli, Hardijan]]>
<![CDATA[ LAW REVIEW Vol 1, No 1 (2001) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[Firma or vennootschap onder Firma is a partnership form which is frequently used by investors. Firma is governed by the commercial code and the provisions of the Maatschap contained in the civil code. Maatschap is a contract law not a partnership form law so it is dellned as a contract whereby two or more persons agree to contribute something together, to carry on a business together, in order to share in the profits accruing from the effort. Maatschap is a contract law that governs those who carry on business together usually deemed as a partnership form. Firma is not defined as a contract but as a partnership form used for traders and businessmen. Maatschaap is not a legal entity nor a legal partnership form. In the Maatschap, partners are not bound to each other because Maatschaap is not a legal partnership form nor a legal entity. A partner of Maatschap will bind other partners if only they have given power of attorney or their business has got the benefits of the transaction. In the Firma, each partner has the right to act in the name of the Firma within the scope of its activities and it binds the  Firma (entity) but each partner, in the Firma, is responsible for each and every liability of the Firma toward third parsons. Even though each partner can bind the Firma (entity), many lawyers still deem that the Firma is not a legal entity because each partner as legal subject of natural person has responsibility of each and every the Firmas liability. It seems that the Firma is not a legal entity but only as legal subject of natural person  because each partner has the responsibility to pay off the Firmas liability. The matter that scholars are still arguing until nowadays is whether Firma is a legal subject (entity) ? ]]>
<![CDATA[Tinjauan Yuridis Rapat Umum Pemegang Saham Dalam Perseroan Terbatas (PT Tertutup) ]]>
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<![CDATA[Widjaja, Gunawan]]>;
<![CDATA[Rusli, Hardijan]]>
<![CDATA[ LAW REVIEW Vol 3, No 3 (2004) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[ 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.]]>
<![CDATA[The Regulation of Takeovers in Australia ]]>
<![CDATA[Riyanto, Agus]]>
<![CDATA[ LAW REVIEW Vol 5, No 3 (2006) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[Australia memiliki tradisi hukum yang panjang tentang pengaturan Takeovers. Hal ini terlihat dari sejarahnya, bahwa pengaturan Takeovers Australia berasal dari Second Interim Report (1969) of the Company Law Advisory Committee dibawah pimpinan Sir Richard Eggeston. Komite berkehendak untuk mengedepankan kedudukan pemegang saham minoritas sebagai elemen dasar utama yang harus diperhatikan jika terjadi proses takeovers. Dalam perjalanannya, semangat tetap mempertahankan latar belakang  pemikiran komite ini terus bertumbuh dan berkembang sampai dengan pembaharuan pengaturan takeovers melalui The Corporate Law Economic Reform Program Act ("CLERPA) pada tahun 1999 sebagai motor penggeraknya. Berangkat dari hal ini adalah menarik untuk mengenal dan mempelajari lebih dekat bagaimana sesungguhnya pengaturan takeovers di Australia memasuki periodesasi abad millennium ke-21 ini. Salah satu keuntungan dengan mempelajari perbandingan hokum adalah negaranegara  civil law dapat menjadikan alternatif cermin dalam pengaturannya yang dalam kenyataannya belum memiliki tradisi sejarah yang panjang tentang pengaturan takeovers dibandingkan dengan negara-negara common law, dalam hal ini Australia.]]>
<![CDATA[Sejarah dan Modus Operandi Mafia Peradilan di Indonesia ]]>
<![CDATA[Winarta, Frans Hendra]]>
<![CDATA[ LAW REVIEW Vol 2, No 2 (2002) ]]>
Publisher : <![CDATA[Pelita Harapan University ]]>
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<![CDATA[Do you really care about justice in Indonesia? We have laws requiring judges and prosecutors to produce justice, but there is no enforcement to make them obey the law.  Judicial defects and corruption that convicts innocent people instead of criminals means more criminal walking free, more crime and more risk to you and me. The same miscarriage of justice atrocities happen in civil court and it can rob you of every thing you own. Corruption is systemic when a government agency only supplies a public good or service if an otherwise unwilling transfer of wealth takes place from an individual or firm to the public sector through bribery extortion, fraud or embrezzlement. Rose-Ackerman states that "wide spread corruption is a sympton that the state is functioning, poorly" Do you agree ? ]]>
