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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 226 Documents
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Analisis Aspek Hukum dan Manajemen Kontrak Dalam Industri Konstruksi Simanjuntak, Manlian Ronald Adventus
LAW REVIEW Vol 2, No 2 (2002)
Publisher : Pelita Harapan University

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Abstract

In life cycle construction industry, each phase of the activities must be managed by the law, such as a contract. All participants who join in construction industry, such as owner, architect, civil engineering, suppliers in each phase of life cycle construction do their professional ethics with responsibility.. Contract in construction industry will not only manage all the participants in constructrion, but also will treat the risks of construction.  In contract management, there are key activities that must be done, viz: preparing and making the contract, contract as a guidance of work (TOR), contract as acontrolling, administration of the contract. In this paper it will be analyzed the law aspect and contract management in construction industry systematically in order to keep all the activities in life cyle construction doing well. 
Penghitungan Pemotongan Pajak Penghasilan Pasal 21 Atas Uang Lembur Widjaja, Siana M.
LAW REVIEW Vol 5, No 1 (2005)
Publisher : Pelita Harapan University

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Abstract

According to Tax Law No. KEP - 545/PJ/2000, overtime pay earned by an employee is classified as regular income such as salaries, wages, monthly pension, honorarium, allowances, and insurance paid by employer, so that income tax deduction on overtime pay is computed by added the overtime pay to the monthly salary. But an example of the computation has never been demonstrated by tax governor. According to the author, overtime pay cannot be classified as regular income as it happens irregularly and is irregular also in amount. To determine the right way to compute the income tax deduction on overtime pay is the objective of this article. Conclusion is taken after presenting various simulations of computation in several tables.
Mining Regime in Indonesia Rejuvenated Budiman, Arief
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

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Abstract

Industri pertambangan di Indonesia diatur oleh Undang-Undang No. 4 tahun 2009 tentang Pertambangan Mineral dan Batubara (“UU 4/2009”) yang menggantikan undang-undang lama yang telah berlaku sejak 1967. UU 4/2009 mengubah rezim hukum pertambangan secara signifikan terutama dalam jenis dan prosedur perizinan. UU 4/2009 mengganti sistem kontrak yang berlaku untuk investor asing dengan sistem perizinan yang tersedia bagi investor domestik dan asing. Namun UU 4/2009 tetap mengakui keberadaan Kontrak Karya yang telah ada hingga jangka waktunya berakhir, dengan syarat harus disesuaikan dengan UU 4/2009. Penyesuaian tersebut dilakukan berdasarkan negosiasi antara investor dan Pemerintah. Dengan berlakunya UU 4/2009, baik pemerintah pusat dan maupun daerah akan memiliki peran besar dalam industri pertambangan sesuai dengan pelaksanaan otonomi daerah. Selain itu, prosedur pemberian hak pertambangan sekarang harus dilakukan melalui proses tender, tidak dengan penunjukan langsung sebagaimana yang terjadi sebelumnya. Perubahan lain yang substansial ialah adanya ketentuan khusus yang mengatur mengenai usaha jasa penunjang pertambangan, serta terdapat prioritas untuk menggunakan kontraktor lokal. Perubahan-perubahan tersebut akan dielaborasi di dalam tulisan ini.
Escrow Suatu Perjanjian Pengantaran Pandika, Rusli
LAW REVIEW Vol 1, No 3 (2002)
Publisher : Pelita Harapan University

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Abstract

Escrow is an agreement to establish an impartial and trustworthy intermediary to collect,  to clarify and to keep documents, commercial paper, valuable goods and/or money to be  hand over to the party or parties in accordance with the conditions set forth in the escrow agreement. Escrow may take a substantial role to support the implementation of various transactions. Indonesian contract law is accommodative to the formation of an escrow-like agreement. The functions and purposes of escrow are substantially acceptable to Indonesian legal system. 
Merekonstruksi Persekutuan Perdata Untuk Memenuhi Kebutuhan Praktek Hukum dan Bisnis Modern Widjaja, Gunawan
LAW REVIEW Vol 4, No 2 (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 agree 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 between a Joint Operation and a Loan Syndication.
Pengertian Merugikan Keuangan Negara Dalam Tindak Pidana Korupsi Ginting, Jamin
LAW REVIEW Vol 6, No 2 (2006)
Publisher : Pelita Harapan University

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Abstract

One of element to be liable of doing a corruption in UU No. 20 Year 2001 about change for UU No. 31 Year 1999 about Eradication of Doing a Corruption is the existence of states finance loss. Congeniality of states finance in practice doing a corruption of rather than only at state finance directly at state-owned corporation but also to and also finance in the form of share at Body ofBUMN which is ruled by Limited Liability rule. State Loss which must be proved also owns the field and perception which different  each other whether/what verification of doing an injustice of corruption earn with the verification materially or having to in just formal.
Meminimalisasikan Resiko Dalam Transaksi Melalui Legal Due Diligence Iskandar, Yosea
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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Abstract

In 1999, Equalnet Communication and e. Volve planned a merger worth between $70 and $ 80 million. The merger seemed to be a natural fit. e. Volve was a facilities-based company , while Equalnet provided long distances communication service; e. Volve focused on wholesale international business .while Equalnet focused on retail domestic business. However, two month after its due diligence review ofe. Volve, it called off the merger. What deal-breaker had due diligence uncovered ? Equalnet learned that e. Volve only had two large customers, and its only current international business  between the United States and Mexico. Although Equalnet already know that e. Volve was only in the planning stages for providing telecommunications services in more countries, Equalnet had been given the impression that these plans were more advanced than they were. Also, Equalnet learned that e. Vollves relationships with its present customer weren t as solid as had been represented. Both corporation went their separate ways and on to different projects and partnership. Due diligence showed that  this match could have been a costly mistake. Due diligence (Blacks Law dictionary) is such a measure of prudence activity or assiduity, as is properly to be expected from and ordinarily exercised by a reasonable and prudent man under the particular circumstances ; not measured by any absolute standard but depending on the relative facts of the special case. Counsel who conduit due diligence reviews as part of the prospective merger or acquisition know that no one analytical method can be used for every acquisition. There are some tools, however that can be modified and used often. One such tool is a list of subjects in which representatives of the selling company can be questioned to test the health and the risk of their business. Another tool is the representations and warranties that the seller can be asked to make in the documents that tire exchanged at settlement. A third is a method of review that tries to merge a financial analysis of the sellers business with an analysis of the business. 
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.
Upaya Administratif Erliyana, Anna
LAW REVIEW Vol 5, No 3 (2006)
Publisher : Pelita Harapan University

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Abstract

Upaya Administratif diperlukan untuk memelihara keseimbangan antara kepentingan individu dan kepentingan umum menuju huhungan yang rukun  antara rakyat dan pemerintah. Perdamaian melalui musyawarah merupakan aspek penting untuk mencapai keputusan yang dapat diterima oleh para pihak. Oleh karena itu badan yang menyelesaikannya hams bersikap objektif dalam memberikan pertimbangan hukum dan pertimbangan kemanfaatan.
Eksistensi Wakil Kelompok Dalam Gugatan Class Action di Indonesia Ginting, Jamin
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Supreme Court Regulation (Penna) No. 1 Year 2002 about class action procedure had  settled the mean of representative of class as a legal standing in class action procedure.  Definition of representative of class is one person or more that has or have the same fact, law problem and the same sue with all member of the group. The definition above means that ORNOP/LSM (independent organization non government) can not be a representative of class in the class action sue but have right to sue only by the law. The government as a representative of class action sue just for the public interest, even though the governemt is not a member or part of the group. 

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