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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 171 Documents
Penelitian Tentang Waralaba (Franchise) Apakah Merupakan Salah Satu Bentuk Perjanjian Tertentu Yang Diatur Dalam KUH perdata Khumarga, Dahnial
LAW REVIEW Vol 2, No 1 (2002)
Publisher : Pelita Harapan University

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Abstract

Franchise agreement is generally an agreement between a supplier of a product or  service or an owner of a desired trademark or copyright (FRANCHISOR), and a reseller (FRANCHISEE) under which the franchisee agrees to sell the franchisors product or service or to do business under the franchisors name. A franchise is an agreement which gives the transferee the right to distribute, sell or provide goods, services or facilities, within a specified area, the cost of obtaining a franchise may be amortized over the life of the agreement. In agreement, a franchise is a capital asset and results in capital gains, or loss if all significant powers, rights on continuing interests are transferred pursuant to the sale of a franchise 
Hukum Pajak Menghendaki Pemungutan Pajak Yang Adil dan Mempunyai Kepastian Hukum Suryadi, Agus S.
LAW REVIEW Vol 5, No 1 (2005)
Publisher : Pelita Harapan University

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Abstract

Regulation on taxation plays a crucial role in the development of a nations economy. Not only that, it also will determine the level of welfare of the society as it is formulated and drawn from the nations gross domestic income and the ration of its budget deficit. To guarantee a success in taxing its people a government should implement clear and fair laws. This would also prevent disputes resulted from tax collection. In reality in Indonesia there is many disputes on tax occurred mainly as a result of unclear regulation. The  settlement procedure for such disputes is in itself vague meaning no legal certainty and/or fair guarantee. One of the weaknesses of the system is that the Board of Tax Dispute Settlement does not function as a real court of law which paramount in the Supreme Court. Accordingly, the procedure does not have legal-binding power. In addition to discussing the weaknesses of the settlement procedure this article also introduces a concept of just taxation system that hopefully will help the government review and reformulate its tax policy.
Judicial Impeachment Mechanism in the republic of Indonesia dan The United States of America: A Constitutional Law Comparison Pangadaran, Satrya; Parluhutan, Dian
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

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Republik Indonesia (RI) dan Amerika Serikat (AS), keduanya memiliki mekanisme impeachment dalam konstitusinya. Walau demikian, secara komparasi hukum di dalam mekanisme impeachment Indonesia dan Amerika terdapat sejumlah perbedaan. Perbedaan-perbedaan tersebut dilatarbelakangi, antara lain oleh iklim demokrasi serta pengalaman demokrasi di masing-masing negara tersebut. Di Indonesia, proses impeachment pertamakali dilakukan pada masa pemerintahan Presiden Sukarno dimana mekanisme impeachment ketika itu belum diatur secara eksplisit dalam Konstitusi Republik Indonesia, Undang-Undang Dasar 1945 (UUD 1945). Setelah dilakukan amandemen ketiga terhadap UUD 1945, barulah mekanisme impeachment diatur secara tegas dalam UUD 1945. Berdasarkan ketentuan UUD 1945 amandemen ketiga, Mahkamah Konstitusi Republik Indonesia (MKRI) memiliki wewenang yudisial untuk memberikan putusan terhadap pendapat Dewan Perwakilan Rakyat (DPR) perihal dugaan pelanggaran oleh Presiden dan/atau Wakil Presiden sebagai pejabat Negara. Sedangkan di Amerika Serikat, proses impeachment telah beberapa kali dilaksanakan, salah satunya proses impeachment terhadap Presiden Bill Clinton pada 19 Desember 1998, dimana Presiden Clinton merupakan presiden terakhir yang terkena proses impeachment sampai saat ini. Namun demikian, dalam perkembangannya Presiden Clinton masih menjalankan jabatannya sebagai Presiden AS. Dalam hal ini, proses impeachment tidak harus berakhir pada berakhirnya masa jabatan seorang Presiden.
Undang-undang Merek No.15 Tahun 2001 Widjaja, Gunawan
LAW REVIEW Vol 1, No 2 (2001)
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Abstract

Regulations pertaining Trade Mark and Trade Seivice have been changed for several  times. The first amendment broke the First to Use system of Mark registration onto the First to Register. The second amendment made in 1997 to Law No.19 Year 1992, by Law No.14 Year 1997, has already considered the participation of Indonesia in tlw Agreement Establishing the World Trade Organization. Again today based on the same consideration (the participation of Indonesia in the Agreement Establishing the World Trade Organization), Indonesia issued new law pertaining the Mark with Law No. 15 Year 2001. If we read through the fio.15 Year 2001, we could find that actually there are at least nine changes and amendments. Among them two matters are really new for Indonesian legal syatem, i.e. the using of Commercial Court as the only Court having authority to handle settlement of Mark disputes (beside arbitration); and the introduction of Provisional Measures introduced in Article 50 TRIPs. This paper will elaborate the used of Commercial Court in settling Mark disputes, and provide basic knowledge of Provisional Measures as stipulated in Article 85 to Article 88 of Law No.15 Year 2001. 
Hukum dan Kemerdekaan Untuk Menyatakan Pendapat Mukantardjo, Rudy Satriyo
LAW REVIEW Vol 4, No 2 (2004)
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Abstract

The essence of the freedoom of the press was given in one clear sentence by Lord Mansfield in a famous case "the liberty of the press consist in printing without any previous license, subject to the consequences of the law. " The classical statement on the subject is, however, to be found in Blackstone s commentaries on the laws of England In addition and as his 18th century english is still very quatable, it shall read the passage to you: "the liberty of the press is essential to the nature of a free state: but this consists is laying no
The Warrant of Arrest Dumitrescu, Dana Alexandra
LAW REVIEW Vol 6, No 1 (2006)
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Abstract

The warrant of arrest: special issuesTheWarrantofArrest:SpecialIssues
Is sebab Under The Civil Law The Same As Consideration Under The Common Law? Rusli, Hardijan
LAW REVIEW Vol 1, No 1 (2001)
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Abstract

A contract without " sebab " (cause) or made with a false or illegal cause is not binding or a void contract (article 1320 and 1335 ofKUHPer). Sebab (Indonesian) means a cause and it is a constituent of a valid contract. Under common law system, one of the elements required to be present in a valid contract is consideration. There are three bases for finding a promise to be enforceable (Schaber, et al. Contracts, p 75) i.e.: 1. Because the promise was made for valid consideration;. 2. Because the promisee has detrimentally relied upon the promise (^detrimental reliance) (see Todd v Nicol; 1957  SASR 72); 3. Because the promise comes within a statute which makes it enforceable despite the absence of consideration. The promise comes within a statute means that the statute agrees to be enforceable without consideration but only with consideration substitute staled or mentioned on the statute. Reliance upon a promise is a distinct basis for creation of contract rights and duties. It is not dependent upon finding any agreement nor any bargained exchange consideration. Legal historians have found reliance upon a  promise to be a historical basis for an action of assumpsit. Restatement Second, section 90 (I) provides that a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The detrimental reliance is actually a quasi contract, whose legal relationship is based on unwritten or common law (quantum meruit), not based on a binding contract. Quantum Meruit is an equitable doctrine, based on the concept that no one who benefits by the labor and materials of another should be unjustly enriched thereby; under those circumstances, the law implies a promise to pay a reasonable amount for the labor and materials furnished, even absent a specific contract therefor ( Swiftships, Inc v Burdin, La.App., 338 So.2d 1193, 1195). Consideration is the primary basis for contract enforcement under the common law system. It is a basic necessary element for the existence of a valid contract that is legally binding on the parties. Is the consideration under common law system the same as sebab under civil law system ? To be able to answer this question, first there is a must to know what is consideration and what is sebab ? 
Tinjauan Yuridis Perjanjian Sewa Guna Usaha Dengan Hak Opsi (Financial Lease) Dalam Perspektif Hukum Positif Indonesia Sulivan, Robby; Widjaja, Gunawan; Rusli, Hardijan
LAW REVIEW Vol 3, No 3 (2004)
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Abstract

 Nowadays, business world competition becomes fiercer. With such a competition, high efficiency is needed to face it. In conducting its activities, a company will meet various problems, such as capital goods fulfilment. In acquiring the capital goods, huge amount of money is required certainly. To solve the problem, financial lease transaction applied.  Financial lease is company financing activity in terms of capital goods supply in order to be used by the company for a certain period, based on periodical payments, accompanied by option right (optie) for the company to purchase related capital goods or to extend the leasing period based on agreed left over value. Leasing as a kind of financing activities has been recognized in Indonesia since 1974, marked by Multiple Agreement Letter  about Leasing Business Permission among Indonesian Minister of Finance, Minister of Industry, and Minister of Trade; Number: Kep-122/MK/IV/2/1974, Number: 32/M/SK/2/I974, and Number: 30/Kpb/I/74. Based on a study on analysis unit in this writing, the author will describe financial lease agreement law position within Indonesian positive law perspective. Also in this writing, rights and obligations of all involved parties  in financial lease agreement will be discussed.
Perlindungan Hukum Pemegang Hak Waralaba di Indonesia Ginting, Jamin; Sari, Vincensia Esti Purnama
LAW REVIEW Vol 5, No 3 (2006)
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Abstract

Franchise Agreement is regarded as legal guide to certify the rights and obligations of franchisor as well as franchisee. Since the issuance of rights in a franchise is set in a certain agreement/contract, both parties (franchisor & franchisee) demand their rights to be protected by the agreement. The objective of the protection is to secure the risk that might arise if one party breaches the agreement.   The research indicated that some clauses in the Franchisee Agreement are not protecting the franchisors need i.e: a. The clause relating the raw materials should come from the franchisor, b. The law applicable should be the law of the franchisor, c. The franchisor in entitled to all property rights and innovation made by franchisee, and other clauses which effect the franchisee, especially local franchise in Indonesian. Recently the law relating with franchise in Indonesian is only regulated in Government Regulation Number 16 Year J997 concerning franchise, and Minister of Trade and Industry Regulation Number 259/MPP/Kep/7/1997. In this case both regulation are not much of a help in protecting the Franchise Agreement in Indonesia since those regulation are not sufficient in providing direction and guidance to issue the Government Regulation.
Persekongkolan Dalam Tender yang Mengakibatkan Persaingan Usaha Tidak Sehat Ginting, Jamin
LAW REVIEW Vol 2, No 2 (2002)
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Abstract

Since the Unfair Competition Law No. 5year 1999 enacted on 5 March 1999 and effective in mid-year 2000, many actions have been done as the effect of its implementation. One of its efforts is the existence of Business Competition Supervision Commission (KPPU) whose duty makes a report on unfair practice. PT. Caltex Pacific Indonesia (PT. CPI) has been reported as a company that violates article 22 of Unfair Competition Law. This article elaborates basic norms of Law and considerations from KPPU in determining PT. CPI violating article 22 of Unfair Competition Law and sanctions which should be done (based on the Business Competition Supervision Commission decision No. 01/KPPU - L/2001). 

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