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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.
Arjuna Subject : -
Articles 226 Documents
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Peraturan Presiden No.36 Tahun 2005 Tentang Pengadaan Tanah Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum Sebagai Aktualisasi Hak Menguasai dari Negara Atas Tanah di Indonesia Mezak, Meray Hendrik
LAW REVIEW Vol 5, No 2 (2005)
Publisher : Pelita Harapan University

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Abstract

As the Presidential Regulation or Peraturan Presiden abbreviated Perpres Number 36 of 2005 on Land Availability for Public Usage came into force many academics, scholars in agrarian law and even public showed a broad resistance and rejection. This is, of course, intersting to study since land is the primary necessity (footstool) of every human being. Such necessity needs government protection. How far the government has already supplied the citizens with adequate (legal) protection and land management is the focus  of this study.
Pemutusan Hubungan Kerja oleh Pengusaha Rahayu, Sandi; Purnamawati, Linda
LAW REVIEW Vol 2, No 1 (2002)
Publisher : Pelita Harapan University

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Abstract

 Termination of employment, in any of its forms, is a very crucial, even the most important  issue in human resource field. Practically, this means that such employee would be jobless and consequently lose his/her source of income, a state which often lead to future miseries. Although practically employees deserve any right to terminate their employment relationship, in practice such termination is often initiated by the employers.  Therefore there is no doubt that termination of employement by the employers play major  role in any employment relationship. This paper aims to answer several research questions which cover: a. Terms used to define various termination of employment and its possible causes. b. Justification of employment termination, improper termination and its sactions. c. Prevailing regulations on termination of employment. d. Differences between termination individual and group of employees (mass termination). e. Basis for termination of employment. f. Emlpoyers responsibilities and duties in the termination of employees doing major mistakes. g. Action and performances being categorized as major mistakes which legally lead employers to terminate employment. h. Procedurs for termination of employment.
The Duty of Care Versus The Business Judgment Rules Limenta, Michelle Engel
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

Didalam menjalankan tugasnya, seorang DirekturPerusahaan harus mempunyai suatu  kebijaksanaan yang tinggi. Tugas untuk mengambil dan menjalankan keputusan dengan  hati-hati dan bijaksana disebut dengan "the duty of care". Pelanggaran terhadap "the  duty of care" akan menyebabkan Direktur bertanggung jawab secara pribadi. Akan  tetapi, didalam dunia bisnis, seorang Direktur harus mengambil keputusan yang sangat  riskan yang dia percaya dapat memajukan perusahaan. Oleh karena itu, didalam "the  business judgment rule ", Direktur tidak akan bersalah pada kesalahannya yang  dianggap "jujur". Artikel ini akan melihat apakah tindakan dari Direktur ditentukan oleh standar "the duty of care " atau oleh "the business judgement rule " dan bagaimana  hubungan diantara mereka.
Inkonsistensi UU Nomor 4 Tahun 2009 Tentang Minerba Khususnya Dalam Hal Pemberdayaan Hak Mayarakat Hukum Adat Panggabean, H. P.
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

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Abstract

The indigenous rights of the Mahudat people should be a primary consideration in establishing an equitable mining regime in Indonesia. The new mining law has devolved significant authority to local governments that must warrant or assure the tenure and ownership of indigenous peoples to their lands and the mineral resources found therein. The District Governments need to develop new instruments and modalities to balance competing interests between economic development and social and environmental well-being primarily by requiring mining companies to negotiate with these indigenous people to find new formulations for cooperative and equitable partnerships, which include among others: identification of land in customary areas that can or should not be mined (either because of cultural considerations/religious or ecology); rehabilitation of environmental damage; reparation for harm on indigenous inhabitants of the mining areas; and equitable sharing of benefits of mining production.
Mengenali Masalah-masalah Hukum E-commerce Rusli, Hardijan
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Companies have ventured onto the Information Superhighway in increasing numbers to  "reduce distribution and marketing costs eliminate the middleman increase efficiency,  promote impulse transactions and streamline distribution to far-flung locales" as well as to  "connect directly with consumers at home streamline operations and internal transactions,  and increase business -to- business sales. The value of US based-commerce transactions was estimated to be $ 43 billion in 1998, and projected to grow to $ 1.3 trillion by 2003, over nine percent of total US business sales. More importantly, electronic commerce ("e-commerce ") stands on the threshold of broad global acceptance. According to projections bv one research firm, worldwide e-commerce sales will reach as high as $ 3.2 trillion in 2003, reprensenting nearly five percent of all global sales. Likewise, governments around the world have enthusiastically embraced e-commerce as a positive development that should be encouraged. For example, numerous governments have announced that fostering e-commerce is a major public policy objective. Indeed,  governments themselves have benefited from the e-commerce revolution by launching their own Web sites to better communicate with and serve constituents while reducing transaction costs. State upon state, and country upon country, have noted this movement online and responded by proposing, and in many cases enacting, e-commerce legislation and regulations on a wide variety of topics: taxation of e-commerce transactions, jurisdiction over online transactions, data protection and data privacy, confidentiality of e-commerce transaction (including export controls of encryption products), unsolicited commercial e-mail (spam), information security, and the enforceability of e-commerce transactions. (Thomas J. Smedinghoff, and Ruth Hill Bro.; Moving With Change: Electronic Signature, Legislation As A Vehicle For Advancing E-Commerce).How is Indonesia? Is Indonesia ready to have ONLINE LAW? Like Robert F Kennedy said that "unless we moved with change we would become its victims ".Indonesia has to have e-commerce transaction act because it is a positive development so there is no reason for not setting up the essential law. This article is about introducing what legal issues in e-commerce transactions. 
Asas Larangan Melampui Wewenang Pada Penerbitan Keputusan Presiden Republik Indonesia Tahun 1987-1998 Erliyana, Anna
LAW REVIEW Vol 4, No 2 (2004)
Publisher : Pelita Harapan University

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Abstract

The policy making power held by President is difficult to control in practice. Discretionary administrative power is apparently a permanent feature of modern governments, including purportedly democratic ones. But many worrie whether the broad discretionary power that resides in Presidents hand will be used arbitrarily. This research tries to find out how broad Presidents discretionary power is already used through the decree of President. Are there of power in President s discretionary power? How to determine which decree of Presidents is abuse of power is the goal of this research.
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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Abstract

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.
Tindak Pidana Pencucian Uang (Money Laundering) di Indonesia Dharyanto, Ikang
LAW REVIEW Vol 3, No 3 (2004)
Publisher : Pelita Harapan University

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Abstract

Money laundering is the use of money derived from illegal activity by concealing the identity of the individuals who obtained the money and converting it to assets that appear to have come from a legitimate source. It can simplify things by saying that money laundering is a process to make dirty money appear to be clean. The appearance part is very important, because under American Law, dirty money is never "clean", no matter  how many times it goes through the rinse and spin cycle. 
Metode Penelitian Hukum Normatif : Bagaimana? Rusli, Hardijan
LAW REVIEW Vol 5, No 3 (2006)
Publisher : Pelita Harapan University

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Abstract

Prof Dr. C.F.G. Sunaryati Hartono, in conclusion of her research conducted in 1982, concluded that legal scientists and lawyers in Indonesia seem neglect and lack of knowledge of legal research methods. This condition does not change much until now because it can be seen from papers of undergraduate law students in Indonesia. Many of the papers stated that the methods used in the papers are Normative Legal Research. But if we check in the papers it seems that the Normative Legal Research methods is nothing but using the secondary (library) data. The students only know that normative legal research is using secondary (library) data not primary data. Is it normative legal research? So what or how is actually normative legal research? What can we expect from law students if the legal scientists and lawyers themselves do not know what or how normative legal research is? This article tries to find solution of the problem that can be useful for knowledge of legal research methods in Indonesia.
Perjanjian Kerja Untuk Waktu Tertentu (Perjanjian Kerja Kontrak) Perlu Ditertibkan Rusli, Hardijan
LAW REVIEW Vol 2, No 2 (2002)
Publisher : Pelita Harapan University

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Abstract

The Indonesian employment law for limited period does not provide a probationary period  for new employees. This means that under employment contract for limited period may not be a probationary period clause but the employment contract for an unlimited periode may have the clause. This probationary period allows time for adjustment on the job and an opportunity for the employee and employer to determine whether the employment relationship should continue. At any point during the probationary period an employer may dismiss employee from employment without cause and the employer too, can be dimissed by the employee. Probationary period will last for three months. After probationary period the employee should be contracted for an unlimited period not a limited period. But many employers put probationary period under employment contract for limited period. This act actually is illegal, ignorant and also arrogant.

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