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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.
Arjuna Subject : -
Articles 226 Documents
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Legal Due Diligence Dalam Lingkup Hukum Administrasi Negara Lumbuun, T. Gayus
LAW REVIEW Vol 5, No 2 (2005)
Publisher : Pelita Harapan University

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Abstract

Legal due diligence in the scope of acquiring venture license is an act to find information and fact required to obtain the said license. This writing describes three problems related to due diligence in business license. First, that business license due diligence is an act in its own right in order to form a business venture. On the other hand, however, this kind of due diligence can also be part of a general due diligence that will be used for, among  other things, merger and acquisition. Second, object of a due diligence for business venture license is prescribed as conditions that have to be met by applicant. This study shows that there is an overlapping and inconsistencies in the said conditions. Third, an applicant of business venture license often faces constraints in his/her endeavor to obtain license. This research is a normative and empirical study with the characteristic of descriptive and explanatory.
Between Keeping Bank Secrecy and Reporting Suspicious Transaction In The Fight Against Money Laundering, Review from the Perspective of Law Number 8 of 2010 Lolo, Ferdinand T. Andi
LAW REVIEW Vol 11, No 2 (2011)
Publisher : Pelita Harapan University

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Abstract

Bisnis perbankan adalah bisnis kepercayaan. Ketika bank kehilangan kepercayaan nasabahnya maka ia sedang berjalan menuju keruntuhan. Tidak heran di masa lalu bank sangat menjaga ketat kerahasiaan informasi terkait nasabahnya dengan menutup akses baik terhadap pihak ketiga pada umumnya maupun dari aparat hukum pada khususnya dengan menggunakan “kerahasiaan bank” sebagai alasan utama. Namun demikian masih ada celah bagi bank untuk mengenyampingkan kerahasiaan bank ini sehingga informasi nasabah mereka dapat diakses oleh pihak ketiga yang terkait, termasuk juga para penegak hukum. Hukum perbankan Indonesia mengatur tentang kerahasiaan bank dengan beberapa perkecualian. Dengan diberlakukannya Undang-undang Nomor 8 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang, beberapa perkecualian umum yang dimuat dalam undang-undang perbankan menjadi lebih spesifik dalam undang-undang anti pencucian uang. Berdasarkan undang-undang ini prinsip kerahasiaan bank dikesampingkan dalam hal tindak pidana yang terkait dengan pencucian uang. Bank sebagai pihak pelapor adanya transaksi yang mencurigakan kepada PPATK, selaku otoritas dalam pencucian uang, mendapat imunitas ganda namun imunitas tersebut hanya berlaku dalam keadaan tertentu, yaitu bila pihak pelapor menjalankan kewajibannya berlandaskan itikad baik (good faith) dan tidak ada pelampauan wewenang (ultra vires) dalam proses pelaporan tersebut.
Dimensi Moral Dalam Profesi Advokat dan Pekerjaan Bantuan Hukum Winarta, Frans Hendra
LAW REVIEW Vol 2, No 1 (2002)
Publisher : Pelita Harapan University

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Abstract

"Profesionalism without ethics results in "Free winged" (vleugel vri). It means that such professionalism will lead to the absence of orientation and direction. In contrary, ethics without professionalism result in "broken winged" (vleugel law), meaning that such ethics will never develop and fail to stand upright.3  There issues of law and justice are no longer dealing with technical-procedural issues in determining whether or not an action is challenging the prevailing laws or the Indonesian tenet law. Current issues in this third world go beyond them and concern more on preparing what are not yet available and adapt with those which fit the legal tranplantation process within the development process of new economic order. This paper will further see the moral dimensions of the profession of lawyers and legal advisors which closely related to meanings, functions and the roles of lawyers including the ethical codes which govern the profession. 
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.
Eksistensi badan hukum di Indonesia sebagai wadah dalam menunjang kehidupan manusia Ibrahim,, Johnny
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

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Abstract

Legal personality is known by different names but has the same meaning, e.g.: artificial personality, juridical personality or juristic personality. It refers to the characteristics of a non-human entity regarded by law to have the status of a person. Legal personality allows one or more natural persons to act as a single entity for legal purposes. They may sue and be sued, enter into contracts, incur debts, and have ownership over property. Some countries prohibit legal entities from holding human rights, while other countries permit artificial persons to enjoy protection from the state that are traditionally described as human rights. Legal personality exists in the Indonesian legal system, as it is exist in the modern countries.
Key Factors Affecting to Construction Insurance on Fire Safety on High Rise Building in Indonesia Simanjuntak, Manlian Ronald Adventus
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

The fire damage occurs in unpredictable time and can cause losses to the owner because of the damage. Relevant research indicated Fire Safety Design is very important to detect and prevent against fire damage. The four key variables influencing building reliability in preventing fire damage carried out by the consultant and controlled by the construction manager in the projects and their contribution to the model are: detection and fire alarm (active protection) = 43.3 %, building architecture (passive protection) = 21.2 %, the designers fire certificate = 8.4 % and special equipment to stop fire = 5.3 %. In order to allocate the risk, the construction practice use the insurance contract by paying some of cost (premi) according to the risk of fire damage. There are key factors that influence to the law of construction insurance on fire safety on high rise buildings in Indonesia that will be discussed in this paper. The variables than can measure the premi index in construction insurance to guarantee the assets of buildings and lifes from fire damage. 
Perlindungan Hak Cipta Program Komputer di Indonesia Ginting, Jamin
LAW REVIEW Vol 4, No 1 (2004)
Publisher : Pelita Harapan University

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Abstract

The Indonesian government has paid a serious attention to copyright protection especially in computer program. There are five illegal software distributions punished by the court because of copying illegal software. Since July 29, 2003, Copyrights Act No. 19 Year 2002 is effective to protect computer program. There are many sanctions in this regulation to protect computer program in Indonesia like arresting illegal software distributors or users by Police or Official who has been given authority by Law with or  without owners claim report (delik biasa), The commercial court must make a decisiion within 90 days maximum since the filing computer program. Beside all of that strongers, Copyrights Act No. 19 Year 2002 have a hole of law, there is a probability for non profit institution who uses illegal computer program for limited quantity, couldn t be sue as a crimes.
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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Abstract

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.
Kewenangan Pengadilan Negeri Jakarta Pusat Dalam Kaitannya Dengan Pembatalan Putusan Arbitrase Internasional Ditinjau Dari Kasus Antara Karaha Bodas Company, Pertamina dan PLN ., Hendra; Widjaja, Gunawan; Rusli, Hardijan
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

Freedom of contract gives flexibility to litigants in determining choice of law, choice of jurisdiction, and choice of domicile. In the unlimited business era nowadays, arbitration is a very popular forum for businessmen in many countries in settling civil disputes outside the courts, because of the simple procedure and relatively fast result compared to the court procedure. Besider the arbitration award is not for public exposure, which is very important for the businessmen who their credibility. On the other hand, businessmen who have won the case are when it comes to the enforcement of the arbitration award which have to involve the court. The most common thing that happened is that mostly the losing party will ask for a annulment or refusal of the arbitration award in the country where the award will beexecuted. In Indonesia, according to the article 70, 71, and 72 Undang-Undang No. 30/1999 concerning arbitration and alternative dispute resolutions, the authority to annul an arbitration award is in the hand of the district court. In article 70 Undang-Undang No. 30/1999 it is mentioned that the parties can file an application to annul an arbitration award if any of the following conditions are alleged to exist : 1. Letters or documents submitted at the hearings are acknowledged to be false or forged or are declared to be forgeries after the award has been rendered; 2. After the award has been rendered there are documents found which are decisive in nature and which deliberately concealed by the opposing party; or 3. The award was rendered as result of fraud committed by one of the parties to the dispute. In the Case between Karaha Bodas Company, PERTAMINA, and PLN, the District Court of Central Jakarta has an authority to annul the Geneva arbitration award according to is only valid the conditions in article 70 Undang-Undang No. 30/J999, but the annulment award can only be used in  the Indonesian law territory, it is not an obligation for other courts in other countries to the follow the annulment award, due to State Sovereignty of every country. An annulment of Geneva arbitration award, in order to admitted and enforced by each country, must be done by the court in Geneva, Swiss in which the arbitration award has been given, or according to the law by which the award has been given. This is according to article V (])e New York Convention 1958. 
Jenis, Metode dan Pendekatan Dalam Penelitian Hukum Mezak, Meray Hendrik
LAW REVIEW Vol 5, No 3 (2006)
Publisher : Pelita Harapan University

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Abstract

Research is an effort to search and reveal truth in science including law. That is the reason why law as part of science also possesses and follows its own method. As a custom, law has is catagorized as part of social science and follow the methodology of social science. In reality law has its own specification where the inquiry is based on normative law and substance is not merely empirical evidence. For that reason legal research can not be regarded as following the methodology of social sciences in general.

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