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Current Development of Laws in Indonesia

ASEDP

No.51

Edited by Koesnadi Hardjasoemantri, Naoyuki Sakumoto
Published in 1999

CONTENTS

Contents pdf (238KB)
Preface / Koesnadi Hardjasoemantri, Naoyuki Sakumoto
Chapter 1.
Introduction / Koesnadi Hardjasoemantri, Naoyuki Sakumoto
1. Legal Reform and the Socio-economic Law
2. Objectives
3. Outline and Discussion of Each Paper
4. Conclusion

Chapter 2.
Land Policy and the Law: The Implication of the Policy on the Granting of a Location Permit for Real Estate Development / Maria S. W. Sumardjono
1. Introduction
2. The Functions of the Granting of a Location Permit and the Implication for Developers and Holders of the Right of Land
 A. The Legal and Administrative Aspects of the Granting of a Location Permit
 B. Legal Bases for the granting of a Location Permit and the Right of Land for Real Estate Development
 C. The Implication of the granting of a Location Permit for Developers and Holders of Land Rights
3. Effectiveness of the Policy on Granting a Location Permit and its Supervision
 A. The Coordination Aspect in Granting a location permit
 B. The Supervision Aspect in granting a Location Permit, Land Acquisition and land Use
 C. The Mechanism of the Supervision on a Location Permit, and the Acquisition and Use of Land
4. Land Policies which Support the Granting of a location permit, and the Optimization of Land Use
5. Conclusion


Chapter 3.
Contract Law / Sudargo Gautama
1. Principles of Adat Law
 A. No Distinction Between Real and Personal Rights
 B. No Distinction Between Movable and Immovable Property
 C. No Distinction Between public and Private law
 D. No Distinction Between Civil and Criminal Delicts
2. The Scheme of Adat Contract Law
 A. Non-Consensual nature of Adat Agreement
 B. Kinds of Adat Contracts
3. Adat Law Not Suitable for International Commercial Transaction
4. "Obligations" and Contracts under the Civil code
 A. Elements of a Contract
 B. When is a Contract Created?
 C. Formalities
 D. Performance
 E. Stipulations for Third Persons
 F. Assignment (Cession)
 G. Default
 H. Assignment of Risk
 I. Termination
5. Types of contracts in General
 A. Conditional contract
 B. Special Contracts


Chapter 4.
Indonesian Development Under Economic Globalization: The Reform of Investment Law / Erman Radjagukguk
1. Introduction
2. Indonesian Development and Globalization
3. Political, Economic and Legal Reforms
4. Investment Law at Present
 A. joint Venture and Indonesianization of Equity
 B. Minority Shareholder Rights
 C. Business Opportunities for Foreign Investors
 D. Licensing
5. The Need for Investment Law Reform

Chapter 5.
Development of Intellectual Property Laws in Indonesia / Bambang Kesowo
1. General Background
 A. Copyright
 B. Patent
 C. Trademark
2. IPR Laws: Principles and the Underlying Concept
 A. Copyright
 B. Patent
 C. Trademark
3. Administration of IPR
4. Enforcement


Chapter 6.
Labour Law and Policy in Indonesia pdf (2.9MB) / Naoyuki Sakumoto
1. Introduction
2. Historical Development of the Labour Law in Indonesia
 A. Slavery Period (Zaman Perbudakan)
 B. Forced Labour Period (Zaman Rodi)
 C. Penal sanction Period ( Zaman Poenale Sanctie)
3. Labour policy in Indonesia
 A. Constitution
 B. Manpower Policy Reflected in the Present 1969 Basic Manpower Act
 C. GBHN and REPELITA
4. Present Labour Law System in Indonesia
 A. Definition and Sources of Labour Law
 B. The Present Labour Law System in Indonesia
 C. Basic Features of the Present Labour Lew System
5. Proposed Manpower Act of 1997 and the Assessment
 A. Basic Structure of the Proposed 1997 Manpower Act
 B. Assessment fo the Proposed Manpower Act
6. Lessons Learned from Indonesia and the Future Prospect
 A. Difficult labour Situation and the Role of Law in Indonesia
 B. the Labour Policy and the Labour Law Policy
 C. Human Rights Abuse and Corruption Related to Labour Law
 D. The Future of the Original Labour Law in Indonesia


Chapter 7.
The Development of Environmental Policies and Laws in Indonesia / Koesnadi Hardjasoemantri
1. Introduction
2. Environmental policies
3. Environmental laws
 A. Pollution Prevention
 B. Hazardous and Toxic Waste
 C. Biodiversity
 D. Environmental Impact Analysis
 E. Economic Measures
 F. Participation in Environmental Management
 G. Environmental Education
 H. International Activities
 I. Environmental Management
4. Environmental Law Enforcement
 A. The Administrative Sanction
 B. the Civil Sanction
 C. The Penal Sanction
5. Concluding Remarks


Chapter 8.
A Survey on the Influence of International Economic Policy on Indonesian Laws: Implementation and Problems / Hikmahanto Juwana
1. Introduction
2. The Consistency of Law reform with International Economic Policy
3. Reform to Comply with International Economic policy
 A. reform on outdated Laws
 B. Law Reform to Conform with International Agreements
 C. Law Reform to Improve the Investment Climate
 D. Law Reform to Comply with International Issues
 E. Law Reform as an Industrial Country
4. Problems Posed by Law Reforms
 A. Question of Enforcement
 B. Conflicting Laws
 C. Law as Sacred but does Not Reflect the Desire of the People
 D. Statutory Enactment that Requires Implementing Rules
 E. Interpretation
 F. Inappropriate Amendment Procedure
 G. Incompatible Domestic policy
 H. Reform Due to External Pressure
 I. Prolonged Economic Crisis
 J. Skepticism about Globalization
5. Concluding Remarks


Bibliography of the Authors in Brief