Perspektif

127-137

Authors: Fiska Silvia Raden Roro

Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.

150-161

Authors: Dewa Gede Sudika Mangku

The purpose of this paper is to provide a general description about the method or means of international dispute resolution that being faced by countries. There are various ways for a country to choose the way their international dispute to be settled and it depends on each country to choose the resolution methods, whether the dispute will be resolved through the international tribunal or through peaceful means. Principally, for the settlement of international disputes which is done through peaceful means or through the international tribunal, other countries which are not related to the dispute are not allowed to interfere other countries international disputes settlement progress in any form.

173-183

Authors: Muhammad Ilham Arisaputra

Position of a notary is a trusted position which anyone will be willing to entrust something to a notary. As a trusted one, notary has a rights to keep every information given by someone, though there are some that are not listed in the deed. It is associated with a notary verschoningsrecht, the right which a notary will be allowed to deny their position as a witness, because actually in certain circumtances, notary was permitted by law to disclose all the secrets they kept. Today, there were so many notary who when they summoned for questioning or called as a witness related to any agreement they made, they will go for it and they will tell every secrets related to that case, whether it was intentional or even worse, the notary doesn’t know about the existence of a notary’s verschoningsrecht. A notary who can not confine themself will deal with the consequences of losing the public’s trust and will no longer be considered as a trusted one.

191-200

Authors: Djumikarsih

In this paper will be discussed about the copyright which is giving a legal protection to the owner as the copyright holder of the creation, and based on Article 12 (1) Copyright Law (UUHC) which also regulate about logo. Legal protection which is given to the copyright holder was not for the registration, but given for the ideas which are resulting into creation, this is because creations were born from ideas and has a distinctive and special traits. Related to Foundation Hwa Ing Fonds and Budi Haliman Halim case, actually Foundation Hwa Ing Fonds still has the copyright of the created shield-shaped logo background with the sun shining on the left and right castle and it says Cina Hua and Yuan has been used since 1929. Meanwhile, Budi Haliman Halim registered the same logo because he saw no registration done for the related logo, the registration done by Budi Haliman Halim did not obtain legal protection from UUHC, and the logo registered as fake because the logo was created by the idea of Foundation Hwa Ing Fonds.

62-69

Authors: Urip Santoso

Property rights of land could be transferred through trading activities, this activity could transfer owner (seller) land proprietary to the buyer. This land proprietary trading activity could be registered if it meets the material and formal requirements. The material requirements are related to the rights and authority of the seller and buyer, while the formal requirements are related to the evidence of the land proprietary trading activity. It is presupposed by the regency or city land office to do the proprietary land trading activity which must be proven by the official land officer deed (Pejabat Pembuat Akta Tanah) for the purpose of the land proprietary trading activity registration. Non official deed (not done before a notary) will not be approved.

78-89

Authors: Nur Khalimatus Sa'diyah

This legal research based on the fact that information technology plays an important role in human being nowadays and also in the future. The implication of the massive information technology development brings different behavior to some people. By the presence of the internet, it makes human being life become easier. Internet could definetely access data over countries, and could also be useful in knowledge exchange among scientists or scholars around the world. However, eventhough internet is ease of use, there are some risk which could harm the user, especially from the safety aspect. Thats why the safety of the internet based computer system security must be considered. Because the character of internet network is global public open access, it makes internet network become very vulnerable from any cyber crimes, especially cracking crime. Cracking is the activity while cracker is the person who done the cracking activity over the internet network. The effects of this crime are very harmful, such as broken network, broken website, and even worse, data loss. Because the cracker’s modus operandi is definetely different from other conventional crime, and the most prominent difference is the locus delicti (place where the crime happened), because tracking the internet network is not easy. Therefore by knowing the cracker’s modus operandi, it will be easier to resolve the cracking cases.

98-107

Authors: Fani Martiawan Kumara Putra

The imposition of a ship mortgage should be done by using an authentic deed, the making of motrtgage’s deed is the authority of Pejabat Pendaftar dan Pencatat Balik Nama Kapal as it is designated by the law. Factually before the parties go to the Pejabat Pendaftar dan Pencatat Balik Nama Kapal for the imposition of a ship mortgage they will go to the notary to make such an attonery, which called Surat Kuasa Memasang Hipotek that contains some promises and agreements made and agreed by the parties. Eventhough this Surat Kuasa Memasang Hipotek is not a must but the substance of this deed could even more in giving protection and could accommodate the willingness of the parties, and also give more protection to the parties. Ship mortgage is a property rights guarantee, thats why it must fulfil the publicity principle which is done by registering the mortgage into the general register.

118-126

Authors: Johan Wahyudi

The legal relationship between one law subject to other law subject could be rised through the technological developments, such as internet. Especially in today’s globalization era where most business transactions will be done by businessman who live in a far different domicile, this situation obviously needs a method which could make the parties become easier to facilitate each other will and also make the whole business process become faster. This kind of problem solved by the existence of the internet. By using the function of the internet it could make the businessman become easier to communicate or negotiate to each other which will ended up with an obligatory agreement generated by the parties. However sometime people doesn’t realize if there were such risks like abuse or unlawful act in using the internet which will raises legal issues. According to this situation Indonesia has generated rules to avoid the risk in a law form, which is law No. 11/2008 ITE.

1-9

Authors: Leonora Bakarbessy, Sri Handajani

The promulgation of Law No 12 Year 2006 about Republic Indonesia of Citizenship executing dual citizenship to children of mixed marriage gives impact to International Civil Law in which they have to obey to the law of two different countries. The raising problem in the International Civil Law is which law can be used to give their personal status. The solution used by children who have dual citizenship is since they have habitual residence inIndonesiaautomatically they are the citizenship ofIndonesiaand the law ofIndonesiaused to give their personal status. On the other hand, those who have habitual residence in overseas country, they are considered as foreigners. Inheritances rights of land and house are the proprietary can be changed become use rights.

20-30

Authors: Suhariyono AR

The formulation of criminal sanctions dealing with prohibition or order from the first norm or has agreement from the former of legislation. The agreement is a kind of criminal policy. In determining of criminal aspects in action is not difficult compared with how to determine the heavy criminal sanction. Recently, the formers of legislation are often influenced by their emotional to revenge prohibited action or ordered action with jail or the heavy fine, thats why people say that the formers of legislation still hold on retributive view. Whereas, in other countries especially in din developing countries have implemented restorative justice, for the light crimes, the victim has forgiven, the criminals are old, children or pregnant women. The criminal is a kind of implementation of criminal law in general people say as repressive action. Besides, having meaning for repressive action, criminal has also wide meaning for preventive action. In one hand, the criminal is used for improving behavior so that they do not do crime anymore.

44-53

Authors: Trisadini Prasastinah Usanti

Property rights is a right based on private law, and is an absolute right over a thing. Property rights gives direct control over an object and can be defended against anyone. Property rights has it own superior characteristics. There are major differences between property rights and individual rights, because property rights has a superior differences compared with individual rights. Based on Burgerlijk Wetboek property rights divided into two kind, first is property rights which it’s character is giving a guarantee (zakelijk zakenheidsrevht) such as pawn, fiducia or mortgage, and it born based on publicity principle which is done by registering to the registration office, pawn is an exception, it has no provision about publicity because the rights born when the property has been transfered. The second one is property rights which it’s character is giving a pleasure, such as bezit and ownership, this kind of property rights born based on the property type and kind.