Master of Law - Course Description
 
Theory of Law (3 credits)
The theory and philosophy of laws in Indonesia, the theory of traditional law and the Moslem law in Indonesia, the role of civil law in Indonesia and the prospect of law development in the future. Finally, other theories of law developing in other countries will also be investigated.
 

Politics of Law (3 credits)

Problems in the politics of law: the quantity and quality of the regulation, regulation specialization, the ranking of the regulation, systems of the regulation, the language of law, the “adagiums” of law.

The directing subjects of the politics of law in the 1945 Constitution; Basic Law System; Written Basic Law, Unwritten Basic Law, Constitution System of the field of regulations and act as the clarification of the 1945 Constitution (State laws, written laws).
 
The mechanism of clarification (elaboration)
- Organization (its medium), the State based on Laws (Indonesia Legal State)
- The form and type of legislative regulations
- Materials regulated
 
Law function for the protection of public interest. Integralistic philosophy deliberation, its meaning and implementations.
 
History of Law (2 credits)
Starting with Company Law, our observation will include titles such as the Komenda agreement, a business association within the circle of tradition and corporation in its development through Foreign Capital Investment (PMA) toward a full-scale reception from European Law.
 

Legal Research (3 credits)

Identifying/selecting/finding the problem of the research, defining variables of the research, selecting/developing the device for data acquisition, samples determination, and preparing the proposal of the research.
 

Investment Law (2 credits)

To describe comprehensively legal matters and provisions regulating investment in Indonesia. To discuss the process and practices in the Field on any matters related to the investment among other:
- on limited liability company;
- on merger, consolidation and acquisition;
- on capital investment; on agrarian law;
 

Philosophy of Law (2 credits)

Basic values of law enforcement principles in the community, justice concept, equality, order, law and authority relationship, definition of rights and obligations, definition of sanction, status, human being position in law, etc.
 

Sociology of Law (3 credits)

Scope of law sociology, law system analysis, law impact and effectiveness, authority and social structure, law culture, community change and law change.

 

Banking Law (2 credits)

Understanding the function of banking in the role of business development in the community. Materials to be analyzed are banking law in Indonesia, banking function, supervision and guidance, liquidity, merger, acquisition and banking consolidation.

 

The Role of Law in Economic Development (2 credits)

Any matters concerning the economic analysis of law and the role of economic law in establishing a relationship that supports each other between economic and legal aspects (position, function and role of law in the economic globalization era, development theories which are relevant to developing countries and legal aspects of foreign investment through the transitional company as well as the impact for developing countries).

 

International Trade Law (2 credits)

Concepts and rules in the context of the new economic order; international and regional cooperation agreements in the field of trading, such as World Trade Organization, the General Agreement of Tariffs and Trade, Europe Community, NAFTA, APEC, ASEAN, AFTA, etc.

 

Capita Selecta Business Law (2 credits)

Juridical aspects of franchising transaction, legal problems in BOT contracts, contractual aspect of the counter-trade transaction. It will also discuss about probability on several types of trans-national business transactions which have been regulated in the international convention such as international leasing, factoring, etc. Discussion of business legal aspects in environmental management particularly in the development of business and industrial sectors.

 

Corporate Criminal Law (2 credits)

Development and modernization are activities which are intentionally carried out to bring the community into projected or intended changes. Therefore, in order to make the changes run regularly and orderly, the law should not be neglected in the development process, particularly in the field of criminal law. It is correlated with a corporation as the subject and the behavior of criminal action. Accountability of crime, assertion and ensuing corporation, the role of corporation will be bigger in the field of economics and trade beside the negative impact that inflict and endanger the community in various forms and scales. In line with the globalization era, corporations are difficult to be bonded in a state border, and become bigger in line with the development of market targets as seen in the transnational or National Quality.

 

Bankruptcy and Corporate Law (2 credits)

Type of juridical position of legal entity and business entity known in business and trade; positive law rules on establishment, structure of organization, performance, legal capability, capitalization and termination of an organization; legal regulation on the company’s behavior in developing their activities in the community such as the company’s problems, etc; taxation legal aspects which are relevant to the company’s organizational activities; legal and management aspects in the company’s organization. In addition, it is also discussed the settlement of company’s dispute particularly concerning a company that is stated bankrupt and also concerning procedures for deferred payment.

 

Optional Subjects (choose 3 subjects = 6 credits)

Analysis of Judge Made Business Law (2 credits)

This subject constituting as the case study to the business problem from the legal aspect, which have been decided by the court in Indonesia. Analysis materials cover: jurisprudence function in Indonesia, jurisprudence comparison (judgment in Anglo Saxon Countries), Alternative Dispute Resolution method, analysis on jurisprudence covering anatomy for judgement system and method of law formulation and Development of Control Law in Indonesia as well as Scope of Business Law in the Court Practice occurred in this decade.

 

Economic Analysis of Law (2 credits)

This subject aims to give correction to the knowledge in the field of economics, both macro as well as microeconomics. In addition, it is also concerning political observation to law development in the form of economic discipline approach of quantity aspects or legal product and juridical qualitative aspects, economic relationship of the law system and economic system.

 

Business Competition Law (2 credits)

Law, economic, and ethic aspects of the economic perpetrator or businessmen in carrying out business in the social economic market, the role and function of government as a regulator and economic perpetrator in the frame of creating sound business competition for the same economic perpetrators and customers in the business sectors.

 

Capital Market Law (2 credits)

In this subject the capital market institution is described as an alternative for the company to find fresh money. Discussion of requirements which must be met by the company if they want to enter into the capital market is popularly known as going public. In addition, also discussed are the parties involved in the capital market, among other: Issuer, Underwriter, Legal Consultant, Notary, Accountant, Capital Market Supervisory Board (Bapepam-LK), Stock Exchange, and Intermediary Trader.

 

Law of National and International Arbitration (2 credits)

This subject discusses the principles in business dispute settlement, method and technique of contract adaptation, method and technique of mediation or reconciliation, method and technique of commercial arbitration.

 

Telematics Law (2 credits)

This subject describes the legal implication of ownership, development of computer application, and computer software as well as to analyze the impact arisen from the technology to the law field by considering the weaknesses as well as eliminating the difficulties which are not seen concrete. In addition, this subject explains about computer application in the legal aspect particularly in the field of computer in society, computer crime, biometry, and authentication in the future computer which will discuss criminal searching, neutral network and probability of criminality, digitalis and miniaturization, and article life.

 

Intellectual Property Rights Law (2 credits)

Definition of intellectual and industrial property rights based on positive theory and law in Indonesia and the international law principles in the field of protection of industrial and intellectual property rights; contents and implementation of bilateral agreements between Indonesia and foreign countries in protecting industrial and intellectual property rights; the intellectual and industrial property right agreements such as license agreement, franchise, technological transfer, etc; types of violation to the intellectual and industrial property rights as well as the existing legal consequences based on the positive law.

 

Real Estate Business Transaction (2 credits)

In this subject, students are given materials on : Definition of Space layout, Layout, Strategy of utilization, Space Layout Subject, layout plan to anticipate future and protection of people’s rights, dividing administrative aspects, supervision, order and legal efforts, real estate legal aspect and settlement, flat/apartment aspect, regulation and permit for industrial zone and real estate.

 

Law and Accounting (2 credits)

This subject gives students basic understanding of accountability for the financial audit and related to the legal audit.

 

Construction Law (2 credits)

Analyzing the background of law; feasibility study, design, procurement, construction and operation for building, street and environment. Focused on the relation between the law and stakeholders.

 

Contract Drafting Skill (2 credits)

General principles in agreement and designing agreement; basic elements of business transaction (both domestic and international); method and technique of business contract element designing; main types of business contract and trade, special aspect in the transnational business contract, technique for formulating agreement substance into the articles and/or business contract requirements, capita selecta of contract designing technique in the certain field or business activity such as distributorship, agency, franchise, international sale, etc.

 

Thesis (2 credits)

Prerequisite: Students must have been passed all subjects of semester one until semester three. Independent research, analysis, conclusion and reported in consultation with and under the direction of thesis advisors.