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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 187 Documents
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Criminalization of Maritime Accidents Sriro, Andrew I.
LAW REVIEW Vol 5, No 2 (2005)
Publisher : Pelita Harapan University

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Abstract

"The safety of navigation, always number one on our priority list, requires the development and updating of standards and procedures covering everything from the structural integrity of ships to their operational features and the training and certification of the crews on board"1 Mr. William A. ONeil (Former Secretary-General of International Maritime Organization, 1990-2
Aspek Hukum Kartu Kredit dan Dilema Penagihannya Sihombing, Jonker
LAW REVIEW Vol 11, No 2 (2011)
Publisher : Pelita Harapan University

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Abstract

Credit card is used by holder or consumer to pay bills or to withdraw money in case of needs. In order to get a credit card, consumer should file an application to the issuer ( usually bank ), and then issuer will give approval on it. Terms and condtions of the card is set standard and designed solely by the issuer. This standardized clause is considered as a “take it or leave it contract”, which couldn’t be avoided by holder. Act No. 8 of 1999 regarding Consumer’s Protection prohibits standardized contract if it creates harm to consumer. Bank Indonesia Regulation No. 11/11/PBI/2009 together with Bank Indonesia Circular Letter No. 11/10/DASP provide rights and obligations of the issuer in order to strengthen consumer’s protection. In many cases issuer gives the proxy to debt collector to collect over-due balance of credit card, and most of the time debt collector does the job improperly. With the recent death of credit card holder in Citibank Jakarta supposed to happen because of the guilty of debt collector, we are of the opinion that Bank Indonesia shoud review and strengthen all regulations regarding credit card business.
Comparison of Market Manipulation Regulation Under Australian Law and Indonesian Law Kairupan, David
LAW REVIEW Vol 2, No 1 (2002)
Publisher : Pelita Harapan University

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Abstract

Although manipulation is a fundamental concern of the regulation of financial markets, it is not specifically defined in any or the regulatory statutes in Indonesia of abroad, including in Australia. Academic and judicial commentaries have suggested various formulations on market manipulation, although there is no entirely satisfactory definition of the term.2 The essential characteristic of market manipulation are the interference with the free forces of supply and demand in the market for securities, and either the intent to induce other persons to trade in a particular security, or the attempt to force  the price of a security to an artificial level.3 In essence, the prohibited practices all focus on ways of manipulating the market price of securities by artificial market activity so distorting the securities price that reported price does not reflect the underlying merit of the investment. Manipulative practices may therefore be said to undermine the proper functioning of the securities markets as an appraiser value and is regarded by some reasons as far more significant than insider trading.4 Insider trading tends to move closer to proper levels, while market manipulation distorts the market and makes it less efficient. 
Keputusan Administrasi Negara (Beschikking) Erliyana, Anna
LAW REVIEW Vol 4, No 3 (2005)
Publisher : Pelita Harapan University

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Abstract

Adiministrative decision made by government, legally called administrative Decree  (Ketetapan Aministrasi), is a decision issued by the authority in order to give legal basis  for all administrative actions of public agencies. Not only that, such Decree is also the  rules of procedure or code of conduct upon which every state of government agencies  conduct their interrelation and cooperation. The competence vested within its organs  agencies, which in turn also serves as the source of law for those agencies to operate. A  Decree issued by an Agency not given the legal authority is considered invalid that is,  null and void.
Tinjauan Singkat Terhadap Tindak Pidana Korupsi dan Dampaknya Terhadap Masyarakat Dharyanto, Ikang
LAW REVIEW Vol 6, No 2 (2006)
Publisher : Pelita Harapan University

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Abstract

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 the big losses of the economic demand. Besides that, we can also see from the quality of the criminal act which is done with great and neat systems and also has come into the social life in a country.  The raise of the corruption can bring a big destruction to the economic life in Indonesia.  The corruption s act showed a government failure to achieve the aim that been made in the constitution that to make prosperous to the Indonesian society.  Corruption can make a complicated matter, such as make the investor runaway from Indonesia and don t want to put the money in Indonesia. If the government never aware about this condition so it can make negatives impacts, such as all legal rules been neglected by all people, the people never believed anymore to the government, and the bad thing was the paralyzed to the economic and politic development in Indonesia.
Kajian Hukum Pajak: Keuntungan metode saldo menurun dari metode garis lurus dalam penyusutan Widjaja, Siana Murti
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Businesses use a variety of fixed assets, such as equipment, furniture, tools, machinery, buildings, and land. Fixed assets are long term or relatively permanent assets. They are tangible assets because they exist physically. They are owned and used by the business and are not offered for sale as part of normal operation. Other descriptive titles for these assets are plant assets or property, plant, and equipment. Fixed assets, except land, such as equipment, buildings and land improvements lose their ability, over time, to provide services. As a result, the costs of equipment, buildings and land improvements should be transferred to expense accounts in a systematic manner during their expected useful lives. This periodic transfer of cost to expense is called depreciation. Factors that cause a decline in the ability of a fixed asset to provide services may be identified as physical depreciation or functional depreciation. Physical depreciation occurs from wear and tear while in use and from the action from the weather. Functional depreciation occurs when a fixed asset is no longer able to provide services at the level for which it was intended.  Pursuant to article 11 of Act No. 17/Year 2000 about Income Tax, tangible assets are grouped as Buildings and Non-Building. Buildings are divided into Permanent and Non-Permanent. The only depreciation method used for Buildings complied with Act No. 17/Year 2000 is Straight Line Method. But there is choice of methods for Non-Building, Straight Line Method or Declining Balance Method. If Declining Balance Method is used, it will accelerate the depreciation. Another way to accelerate the depreciation is to short expected useful life of fixed asset. But this way cannot be done for the assets expected useful life has already been fixed on by government. Is there any benefit of using Declining Balance Method ? 
Peran Advokat Sebagai Penegak Hukum Menghadapi Transnational Crimes Di Era Globalisasi Lumbuun, T. Gayus
LAW REVIEW Vol 4, No 1 (2004)
Publisher : Pelita Harapan University

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Abstract

The United Nations Convention against Transnational Organized Crime was adopted by the General Assembly at its Millennium meeting in November 2000. It will be opened for signature at a high level conference in Palermo, Italy in December 2000. it is the first legally binding United Nations instrument in the field of crime. It must be signed and ratified by 40 countries before it comes into force. States party to the Convention would be required to establish in their domestic laws four criminal offences: 1. participation in an organized criminal group; 2. money laundering; 3. corruption; and 4. obstruction of justice. It is hoped that upon ratification the Convention will emerge as the main tool  of the international community for fighting transnational crime.
Delik Penghinaan dan Beberapa Aspeknya Studi Perbandingan Antara Indonesia dan Amerika Lesmana, Tjipta
LAW REVIEW Vol 6, No 1 (2006)
Publisher : Pelita Harapan University

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Abstract

Press freedom in Indonesia enjoys euphoria following the downfall of Soeharto regime in May 1998. Embarking libertarian theory Indonesia press is putting heavily its function as watchdog, monitoring and supervising all aspects of life in the nation, notably government activities. But the radical change in press life was generally viewed with high discontent among people. They regard the phenomenon as "too luxurious " and cannot be afforded by people 60% of them are uneducated and poor. Various negative impacts were detected during the past 5 years of liberal press experiment. Some journalists, for example, have tendency to recklessly write their reports which defame others and bring law suit in the court. No less than 20 libel cases were trialed since 1998. Publishers and journalists were mostly lost the cases, being heavily fined or threatened to be imprisoned. Some journalists are worried that they become the target of litigation for libel, making accusation that press freedom in the country is currently in a bad shape. Is press trial indeed threatening freedom of the press? This is the research question. It is a qualitative study, using content analysis to collect the data required. About 20 libel cases, 10 in Indonesia and 10 in United States, were carefully investigated. Special attention was paid on 9 aspects of libel case, i.e. correction right (hak jawab), denial right (hak tolak), public interest, public figure, news source, right quotation, true/false report, check-andbalance,  and malice or reckless disregard of the truth. Textual unit analysis is applied, especially views delivered by judges, journalists, and experts in journalism. Comparative study was applied to understand similarities and differences of opinions in both countries.
Uniform Domain Name Dispute Resolution Policy: What Is It? Rusli, Hardijan
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Internet domain names raise some unique trademark issue. One of the important issue is  the interface between domain names and trademarks. A mark comprised of an internet  domain name that does not function as an identifier of the source of goods or service  cannot be regarded as a trademark or service mark. Domain names principally are not the same thing as marks and are used for many purposes other than the identification of a producer or seller of goods or services. Domain names function is mainly as connection  facilitation between computers through the Internet but now it seems that there is another function of domain names, because of their easy-to-remember and human friendly form, domain names have become to constitute business or personal identifiers (First WIPO Internet Domain Name Process: Archive, http://wipo2.wipo.int/processl/, 3/17/03). Businesses have come to realize the significant potential of an internet web site as a means for providing information and offering goods or services directly to the consumer public. The domain name, because of its purpose of being easy to remember dan to identify, often carries an additional significance which is connected with the name or mark of a business or its product or sevices. Domain names as business or enterprise  identifiers have come into conflict with trademarks. The potential for conflict inherent  in the two different systems of registration has been exploited by persons who have made it a practice to register the trademarks of other persons or enterprises as domain names for themselves ("cybersquatting") like Mustika Ratu case in Indonesia. The Mustika Ratu dispute was trialedat District Court of Central Jakarta. Edmon akarimfrom Legal Research Center in Technology Law of Law Faculty, University of Indonesia andAgung Damarsasongko.from Directorate General ofHAKI (Intelectual Property Right) as expert witnesses in the case gave explanations that to register a trademark as a domain name is not a trademark infringe, because domain name is used for information and trademark is used for industry benefit.  (http://www,juducial-news.com/News,assp?Pindex=505), A significant number of disputes apparently never rise to the level of being reported. A large proportion may remain unresolved, or may be resolved informally pursuant to a settlement between the parties. Intellectual property right owners have made it clear throughout the WIPO Process that they are incurring significant expenditures to protect and enforce their rights in relation to domain names. Existing mechanisms for resolving conflicts between trademark owners and domain name holders, before 3 January 2000, were often viewed as expensive, cumbersome and ineffective. Recommendations of the International Ad Hoc Committee (IAHC), organized at initiative of the Internet Societys (ISOC) and the Internet Assigned Numbers Authority (1ANA), took note of the tension that existed between domain names and intellectual property rights and included specific procedures designed to resolve conflicts between the two. Uniform Domain Name Dispute Resolution Policy (UDRP) which has been adopted, on 26 August 1999, by the Internet Corporation for Assigned Names and Numbers (ICANN) is incorporated by reference into the Registration Agreement and sets forth the terms and conditions in conection with a dispute between the domain name holder and any party other than the registrar over registration and use of an internet domain name registered. The Uniform Domain Name Dispute Resolution Policy (UDRP) began ramp up implementation on 1 December 1999 and became fully operational on 3 January 2000. ICANN is a new organization formed to manage the policy and technical aspects of the Internet Domain Name System.  Although the policy provides that most domain-name disputes will be resolved by the  courts, it also calls for administrative dispute-resolution proceedings to enable streamlined, economical resolution of disputes arising from alleged "abusive registration."  This writing explains how the Mandatory Administrative Procedure Concerning Abusive  Registrations of UDRP works because lawyers in Indonesia should know it. 
Europe After No and Nee-main Challenges for EU Law Wenniges, Tim
LAW REVIEW Vol 5, No 3 (2006)
Publisher : Pelita Harapan University

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Abstract

The European Union tried to enter a new stage in its development with the signing of the Treaty establishing a Constitution for Europe. Observers have been left wondering if and when all Member States will ratify the "Constitution." After the "No" and "Nee" in the French and Dutch Referenda the Constitution does not seem to have a chance at all. Nevertheless it seems to be worth to take a closer look on this piece, because it might be an example how to organize or not to organize entities sui generis like the European  Union. The planned institutional set up and some background ideas are described in this article. However, there is not enough room to discuss the reasons for the failure and the alternatives which are discussed right now.

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