A. Compulsory Courses
1. Indonesian Values and Ideology (HKUI1116; 2 credits)
This course offers the students both theoretical and practical knowledge and abilities to face actual and perennial problems using the concepts and philosophical problems of Indonesia’s State Ideology Pancasila. This course is designed to be conducted in a mixture of lectures, debates, movie screenings, class discussions, and even field trip.
a) Islam (UNUI1001; 2 credits)
This course includes several aspects in Islamic teaching, both in normative and historical approaches, such as the basic understanding to Islam; the concept of divinity, faith (iman), taqwa; the Islamic perspective on humanity and the environment; Islamic law and the contribution of Islam in Indonesia; human rights and democracy in Islam; ethics, moral, and akhlaq; Islamic culture; Islamic view on science, technology, arts, and politics; Islamic economics; and other contemporary issues in Islam seen from the perspective of the law.
b) Catholicism (UNUI1002; 2 credits)
This course aims to help students to have more faith and hope, love all God’s creations, as well as follow the truth and justice. It also aims to help the students in their application of faith, especially to be more aware on God’s presence and roles in their lives, to have a comprehensive knowledge how to deal with the challenges faced by faith in the modern era, to understand and to promote inclusive faith to create real peace in the midst of pluralism of races and cultures.
c) Christianity/Protestantism (UNUI1003; 2 credits)
In this course students are taught to more fully understand Protestantism. They will deal with the pluralism of religions and how to proliferate dialogue among them. Furthermore, they will study both the variety of churches and the oneness of the Church. Students are expected to be able to apply the lessons in their lives on how to deal with the culture of society in the perspectives of Christianity. In this course the students are also taught about the relationship between the church and the state.
d) Hinduism (UNUI1004; 2 credits)
This course offers students the understanding of the principles of Hinduism, the concept of Gods by the implementation of Catur Marga Yoga, the concept and responsibility of human being with Subhaasubha Karma’s behavior according to ethics and morality, and the application of science, technology and art from the perspective of Hinduism. At the end of the course students are expected to be able to build harmony among all peoples as a Kerta Gajadhita community and to understand the Karma Phala rules in achieving justice.
e) Buddhism (UNUI1005; 2 credits)
This course studies the essence of Saddha and Sanghyang Adi Buddha, through both of which students are expected to be able to understand the moral principles of Buddhism. It covers the understanding on science, technology, and the society, culture and politics in Buddhism. The course also aims to teach students how to live together with others and become a pious person with a noble heart. At the end of the course the students are assigned a paper on a specific topic in the teachings of Buddhism.
f) Confucianism (UNUI 1006; 2 credits)
This course describes the Confucian faith, starting from the ways of worship, the Confucian scripture, the history of the religion, etc. In this course student are taught how to become a wise person or “Junzi” and also to study their duties as Confucian followers with respect to their relationship with parents. This course aims at explaining the concept of soul in the Confucian faith, which is that the human soul will live on eternally even though the body is dead.
3. Ethics for the Legal Professions (HKUI 1114; 2 credits)
This course introduces a series of case studies into the ethical standards in a variety of legal professions, such as judge, prosecutor, public notary, advocate, legal consultant, etc. It discusses the standard of professional and ethical code of each legal profession and aims at imparting knowledge to the skills and values needed as a future legal professional. Conducted in the Student-Centered Learning (SCL) using the Problem-Based Learning (PBL) method, this course focuses on encouraging analytical thinking of the students, developing the skills to have respectful debates, and generally finding solutions to the problems they will face in real-life legal practice.
4. Community Service (Kuliah Kerja Nyata/KKN) (UNU 1481; 3 credits)
KKN is a compulsory course for all undergraduate students who generally have completed 100 credits of courses, although other specific requirements are set each Academic Year by the University’s Institution for Research and Contribution to the Community (Lembaga Penelitian dan Pengabdian kepada Masyarakat/LPPM). Students will form a group consisting of members from the different faculties of UGM and will depart to their community service area to live and work with the community of that area. In order to accomplish a passing grade in this course, students will have to spend at least 288 hours of community service and submit a set of compulsory reports to LPPM. This course is designed to produce UGM students who are sensitive, empathic and caring to the challenges faced by the society through the implementation of interdisciplinary sciences they received at their respective faculties as a team. It is also expected to improve the research skills to the students by introducing them to factual problems in the society and to encourage learning in the community they will be a future part of.
5. Introduction to Law (HKUI 1111; 4 credits)
This is an essential, compulsory course for all IUP students, especially those in their first semester. Together with Introduction to Indonesian Law (HKU 1112), this course constitutes a prerequisite subject for any other courses taught in FH UGM. The main objective if the course is to understand the core of legal studies (sometimes referred to as jurisprudence) and the basic principles of law. Students are expected to complete the course having strong basic knowledge of the dynamics of law in the society, both in theoretical sense and practical aspect in real cases. This course covers a wide range of topics such as introduction to basic legal terminology and concept of law, understanding areas of law and more importantly, this course teaches how problems are approached in the law. For that purpose, the learning methodology will be a combination of lecturing and SCL through PBL, which encourages students to be responsible learners and will enable members of the class to highlight the different perspectives, underlying principles and competing interests.
6. Introduction to Indonesian Law (HKUI 1112; 3 credits)
The objective of this course is to equip students with sufficient knowledge regarding the many fields of Indonesian law. It provides a basic knowledge on areas of law relevant to Indonesian legal system, the coverage of each area at the introductory stage and its importance. This course will be conducted through a mixture of classical Socratic lectures and SCL through PBL. The 11 departments of law in FH UGM will be introduced in clusters. Each cluster will have seven meetings: six for introductory lectures and one at the end for case study. The final grade will be comprised of mid-term and final examination results as well as contribution of each student in class discussion and presentation.
7. General Theory of State (HKUI 1113; 2 credits)
Before getting into Constitutional Law, students must first understand the theories governing statehood and the State as an imaginary body politic. This course provides the necessary theoretical knowledge necessary for students to understand the idea of how the State comes into being and the different schools of thought regarding Statehood.
8. Constitutional Law (HKUI 1122; 4 credits)
This course mainly covers basic Constitutional theories and issues in Indonesian Constitutional Law. The discussion on constitutional theories will cover such topics as the classification of constitutions, types of governmental system, electoral system, types of parliaments and understanding of what ‘Rule of Law’ means. This course will also introduce such topics as sources of Indonesian constitutional law, the Indonesian Constitution(s) in historical perspectives –including the current Amended Constitution, issues on the Indonesian Judiciary, the Executive, Regional Governments, citizenship, and human rights. Selected issues in General Theory of State will also be addressed wherever relevant. This is a prerequisite course for students who are interested in taking up the Constitutional Law concentration.
9. Administrative Law (HKUI 1123; 4 credits)
Administrative law is a branch of public law primarily concerned with the functions, power and obligations of the Executive arm of government. Administrative law is largely about the procedure that government agencies must follow in order to take action which will affect private parties. This subject will cover government action, government decision, and how courts review government actions. This subject will also introduces the specific areas of administrative law, such as civil servant law, the law on state properties, and the law on state finances.
10. Environmental Law (HKUI 1231; 3 credits)
This course introduces some of the most important concepts, issues, and regulations in environmental law as well as an overview of legal principles and policies relating to the development, protection and enhancement of the physical environment. After discussing the economic and ethical bases of Environmental Law, students will examine the decision-making, pollution control, impact assessment, and conservation of the environment. Topics will range from the introduction to environmental law, the environmental terminology (environment, ecosystem and ecology), the basic principles of environment, and historiography of environmental law. This course will encompass the development of environmental law both at the national and global level.
11. Natural Resources Law (HKUI 1245; 3 credits)
This course focuses on the legal aspects of natural resources, therefore covering land law, water law, natural resources law, forestry law, mining law, fishery law, and oil and gas law. Before the mid-terms the course covers natural resources law, and after the mid-terms it focuses on land law.
12. Adat Law (HKUI 1242; 2 credits)
The course Adat Law describes the functions and position of Adat as an existing, living legal system side by side with legislation in Indonesian law. This course introduces the concept, definition, characteristics, sources, and basic principles of Adat law. This subject also explains the history of Adat law, the multiple Adat communities in Indonesia, and the Adat principles of land law, marriage law, and inheritance law. Lastly, it also provides a brief introduction to the violation of Adat law and the processing of Adat crimes.
13. Civil Law (HKUI 1124; 4 credits)
Civil Law provides the key aspects to understanding individual rights and responsibilities in private law. This will include, inter alia, the discussion on the law of the person and family, property law, as well as the law of obligations. After taking this subject, students are expected to be able to demonstrate the basic knowledge and competences on the ways in which civil law protects the rights of individuals through torts, contract law, and other related defenses. Civil law is an essential course in the understanding of further aspects of private law, such as business law, civil procedural law, and even Islamic law in Indonesia.
14. Business Law (HKUI 1232; 4 credits)
This course is undeniably important for law students to survive in a world where business practices make up the foundation of nations and lawyers become the fundamental players in solving the non-stop legal challenges on the private sector. Through a series of lectures, case discussions, and presentations, this extensive course contains an overreaching introduction to the codification of the Indonesian business law, the rights and obligations of business practitioners, company law, capital market law, financial law, banking law, bancruptcy law, Intellectual Property law, and the methods in which business disputes are settled, both in and outside the court. This is one of the prerequisite courses for students who are interested in taking up the Business Law concentration.
15. Contract Law (HKUI 1241; 3 credits)
In an increasingly globalized world characterized by the expansion and liberalization of business cooperation, contract has become an essential instrument to ensure legitimate and appropriate legal transactions. As future lawyers, legal consultants, and experts, IUP students are expected to understand contracts like the back of their hands. This course offers in-depth lessons with reference to inter alia the principles of agreement, legal language, contract drafting, and dispute settlement.
16. Criminal Law (HKUI 1125; 4 credits)
This course provides an expansive introductory study on criminal law. This course is essential to provide for the students a big picture of the workings of the Indonesian criminal justice system, especially those who aspire to become a litigation lawyer, public prosecutor, or judge. Topics covered in this course include the understanding to the basic principles of criminal law, the concept of criminal act, liability and fault in criminal law, written and unwritten defense and prosecution, criminal sentencing, concourse and recidivism, attempt and participation, as well as certain crimes in the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP). Due to the extreme abundance of everyday cases, this course will be delivered in a combination of lectures and case studies. Along with Special Criminal Law (HKUI 1244), this course is a prerequisite for students who are interested in taking up the Criminal Law concentration.
17. International Law (HKUI 1121; 4 credits)
This course covers the basic issues of the wide family of public international law, such as the definitions of international law, subjects and sources of international law, the rights and duties of State in the international community of States and other actors, the establishment of treaties and other documents containing international legal rules binding upon States, the application of such rules both in time of peace and during the situation of armed hostilities, as well as the resolution of disputes between States and other subjects of international law through international courts and other alternative methods. The course International Law aims to provide a systematic knowledge and information on the important legal doctrines, normative frameworks, and practices of public international law. At the end of the course students are expected to understand the utmost significance of international law in keeping the very fabric of the society of nations intact. Along with International Organization Law (HKU 1353), this course is a prerequisite for students who are interested in taking up the International Law concentration.
18. Islamic Law (HKUI 1233; 4 credits)
This course explains Islamic law as an existing legal system applicable in Indonesia as the largest Muslim population in the world, as well as the enforcement of its principles and rules in both material and procedural sense at the Religious Court (Pengadilan Agama). There will be detailed explanations on the basic aspects of Islamic law in Indonesia, such as zakat law, waqaf law, marriage law, inheritance law, and the procedures of the Religious Court. Disputes on the application of many aspects of Islamic law, such as marriage, divorce, inheritance, and even waqaf, are inevitable and abundant in the Indonesian legal scene. Therefore, it becomes necessary that law students be equipped with the necessary skills and knowledge to contribute as lawyers in the future to solving those disputes and challenges.
19. Criminal Procedural Law (HKUI 1235; 3 Credits)
The term ‘procedural law’ refers to the area of law by which the ‘material’ law is enforced. This course covers how the material criminal law, i.e. the substantial law contained in the KUHP, is upheld by the law enforcement institutions. Students are therefore introduced to the Indonesian Criminal Procedural Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP) and how components of the criminal judiciary, starting from the police department, the office of public prosecutor, to the judges in the criminal court, implement KUHAP rules to process the alleged perpetrators of crime from investigation, sentencing in court, to execution of court sentence. Students will learn in detail the specific requirements of police custodianship, presentation of testimony, evidence law, and examinations of a criminal case by the police, prosecutor, litigation lawyer, and the judge. In order to take this course, students must have first completed Criminal Law (HKU 1125).
20. Oversight of the Administration (HKUI 1237; 4 credits)
This is the continuation and specification of Administrative Law (HKU 1122). While Administrative Law focuses on the authorities of State administration/government, this course focuses on the ways as provided by law to oversee the government in exercising such authorities. There are several mechanisms to oversee the administration based on its subject, which are internal oversight, functional oversight, public oversight, and oversight by the Administrative Court (Pengadilan Tata Usaha Negara/PTUN).
21. Civil Procedural Law (HKUI 1248; 3 Credits)
Similar to Criminal Procedural Law (HKU 1235), this course focuses on how material law is upheld by the law enforcement, specifically the enforcement of material civil law by the courts. Students will be introduced to the dispute settlement mechanisms offered by the court, which also include out-of-court settlement methods, and the procedures which a member of the society has to go through to file a suit of law to a court in Indonesia. This course covers procedural issues in Indonesian civil law, starting from the lodging of lawsuit, presentation of evidence, to trial proceedings. The procedural law courses will provide a big picture of what a lawyer needs to master in order to successfully counsel his client in a civil case in court. In order to take this course, students must have completed Civil Law (HKU 1124).
22. Research Methodology (HKUI 1126; 3 credits)
This course is designed for first-year students as a means to prepare future law graduates with exceptional skills in legal research proper. With Legal Writing (HKUI 1355), this course provides the understanding on the process and the procedures in finding scientific legal truth through writing and research. This subject talks about the definition of knowledge and science, research methodology and methods, research elements which consist of title, background and formulation of legal problems, advantages of research, originality of research and rules on plagiarism, references, and research method.
23. Civil Court Practice (HKUI 1350; 4 Credits)
Along with Criminal Court Practice (HKUI 1361), this very demanding course provides for the students a full court experience. After completing Civil Procedural Law (HKUI 1245), students will themselves learn how to write lawsuits, legal counsel at court, and even court decision. Civil Court Practice will be taught not by lecturers of the Faculty, but by experienced professionals in the civil court, from lawyers to judges at the District Court and High Court. Apart from classical lectures in class, students will also attend Judicial Monitoring sessions to the Yogyakarta District Court under supervision of an in-court judge, and at the end of the semester make groups for a moot court, in which they will not only simulate roles as lawyers, applicant, defendant, or judge, but also write all the documents necessary for court proceedings, and develop the case themselves based on the hints given by the instructors in class.
24. Criminal Court Practice (HKUI 1362; 4 credits)
If Civil Court Practice (HKUI 1471) provides students with hands-on simulated experience as a law-enforcement officer in the civil court, this equally very demanding course offers the counterpart experience of becoming an officer of the criminal court. Students who aspire to become a litigation lawyer will find this course very rewarding, as it is taught directly by actual police officers, public prosecutors, litigation lawyers, and judges who deal with criminal cases on a daily basis. Students taught to write all court documents from the investigative pre-trial stage, the charges of the prosecutor (requisitoir), the defense of the legal counsel (pledooi), to the judgment delivered at the end (vonnis). There are also Judicial Monitoring sessions at court, and as final examination the students will form a group to prepare a moot court with all the necessary court documents. This course provides a balance of theoretical knowledge in class and practical knowledge as taught by real-life legal professionals.
25. Legal Research (HKUI 1471; 4 credits)
More commonly known in Indonesian as skripsi, Legal Research is the final examination of all undergraduate students at FH UGM. A Legal Research takes shape in the form of a formal writing containing analysis on a specific topic, conducted following a specific research method under supervision of a Faculty lecturer. In order to obtain the degree Sarjana Hukum (Bachelor of Laws/S.H. or LL.B.), each undergraduate student must complete a supervised Legal Research and successfully defend it in front of a board of examiners. The topic of a Legal Research must be original, have never been published before, and have never been submitted to obtain an academic title in any other institution. The topic of a Legal Research must correspond with the student’s area of concentration and approved by the supervisor. The purpose of Legal Research is to develop students’ capability in understanding the essence of law and the academic writing process in a systematic manner. This final assignment pushes each student not only to master all the relevant theories, but to apply them on an actual legal problem. A Legal Research will make the researcher student accustomed to reading and analyzing data and contribute the result for the development of law. Rules and requirements of Legal Research may be found in Chapter VII of this Handbook.
26. Legal Audit (HKUI 1354; 2 credits)
Legal audit is a process by which a company’s risks are identified and analyzed, with the goal of using the information to minimize the company’s risks going forward or worsening. The basic objectives of legal audit are to identify the responsibilities and liabilities of auditee from the point of view of the law, including but not limited to the auditee’s compliance on the laws and regulations and to identify the auditee’s strength and weaknesses from the legal aspect on conducting its business in accordance with the prevailing laws and regulations. This course covers the general standard of legal audit, audit materials, preparation of a legal audit/checklist, how to conduct a legal audit, and how to prepare a legal audit report.
27. Accounting for Lawyers (HKUI 1115; 2 credits)
In this course students are expected to be able to read, interpret, and evaluate the financial condition of businesses as provided on the financial reports of companies. Through this ability, it is hoped that law students are able to give advice upon variety of legal questions of decisions which may be taken by business actors. For the law curriculum the accounting course includes all description and explanation of each component in a financial report, the methods of financial reports, and putting an accounting process to work to assist in making legal decisions on a business activity.
28. International Organization Law (HKUI 1234; 4 credits)
This is the continuation of International Law (HKUI 1121), focusing specifically on the increasingly predominant subject of international law, international organizations. Each State realizes that they cannot fulfill their objectives by working individually. Therefore, States have since times immemorial come together to establish international organization in order to reach their common interests. This alone should illustrate the importance of international organizations in today’s world. Additionally, public international organizations such as the UN, EU, NATO, and WTO have long since contributed greatly to working on and solving the problems at a global scale, be it the armed hostilities between disputing countries, nationwide and international monetary problems, or peace-building in delicate territories. Students taking this course are expected to understand the laws and policies of international organizations, specifically the UN, to further deepen their knowledge on how international law is maintained, upheld, and proliferated by a society of nations. This course forms part of the prerequisite for students who are interested in taking up the International Law concentration.
29. Constitution and Legislation (HKUI 1236; 3 credits)
This course offers two specific aspects in the study of constitutional law, which are the implementation of the constitutional system and the formulation process of law (legislation) in Indonesia. The first half of the course covers the elaboration into the democratic and non-democratic governmental system, and how the democratic constitutional system is implemented in Indonesia. The second half will detail the formulation process of law: the parties involved, the promulgation of law, and legal efficacy of law in Indonesia.
30. Special Criminal Law (HKUI 1244; 4 Credits)
While Criminal Law (HKUI 1125) covers the basic principles and the some of the crimes contained in the KUHP, Special Criminal Law will provide a discourse into the crimes with special nature, so much so that they cannot be dealt with using the lex generalis, which is the KUHP. In this course students will be introduced to the ‘special’ criminal acts which require an equally special set of rules to handle, such as political crimes, narcotic crimes, acts of terrorism, corruption, bribery, money laundering, and gross violations of human rights. This course is expected to provide for the students a more advanced set of knowledge necessary for them to become law enforcement officers or experts in the eradication of the increasingly sophisticated crimes. This course forms part of the prerequisite for students who are interested in taking up the Criminal Law concentration.
31. International Economic Law (HKUI 1246; 2 credits)
This hybrid course displays the inevitable relation of international law and business law. In order to fulfill their ever-growing interests, States need to compromise and trade with others. The World Trade Organization (WTO) was established in 1994 to administer international trade rules, ensuring fair and unrestricted trade among its Member States. As the most universal international organization, the laws and policies of WTO are all-encompassing and very significant even to the States who are non-members. This course looks primarily at the General Agreement on Tariffs and Trade (GATT) to see the main principles of WTO law, such as the Non-Discrimination principle through Most Favoured Nation, WTO membership, rules on tariff, quota, and dumping.
32. International Environmental Law (HKUI 1355; 2 credits)
This course is concerned with the international legal response to environmental problems. The course covers comparative environmental law, major multinational treaties (and their enforcement regimes) addressing global environmental problems, and the issues concerning the ‘conflicts’ between international trade and environmental problem.
33. Internship (HKUI 1357; 2 credits)
34. Internship II (HKUI 1363, 2 credits)
This is a course specifically tailored for IUP students. Following completion of a minimum of 55 credits (for Internship I) or 91 credits (for Internship II), students may enroll in an internship at an institution of their choice, inside or outside Indonesia, be it a law firm, an international organization, a multinational corporation, a government agency, or a non-governmental organization. The IUP Management will assist the students in contacting their internship venues to secure their place thereat. Each student will be assigned a lecturer supervisor from FH UGM and a field supervisor from the internship venue to ensure that the internship period of approximately 2 months is utilized well. Apart from submitting weekly reports signed by the field supervisor, students undergoing internship will also conduct a mini-research on a topic of their choice which is also related to their internship venue. At the end of the internship period each student will defend their report in front of a board of examiners to obtain the final grade. Details on both Internships may be found in Chapter III of this Handbook.
35. Land Law (HKUI 1351; 2 credits)
After having been introduced to principles of Land Law in Natural Resources Law, this course delves deeper into the principles, rules, and institutions governing land usage and ownership in Indonesia. Contemporary issues, such as the relations between national land law and Adat occupation and ownership of land, will also be raised in a mixture of lectures and discussions.
36. Labor Law (HKUI 1353; 2 credits)
This course describes the definition of ‘labor’, the distinction between labor law and employment law, the levels, forms, functions, and procedural aspects of a trade union according to Indonesian labor law. The course also covers contract of employment, wages, safety and health in the working environment, social security of labors, and issues on children and women workers.
37. International Business Transactions (HKUI 1247; 3 credits)
This continuation to Business Law (HKUI 1233) is pressingly important for all law students, considering the inevitability of business transactions conducted by actors across national borders. In order to become a skilled legal professional, students need to understand the vital issues pertaining to inter-jurisdictional affairs of business transactions and, especially, business disputes. In this course, topics of international business transaction are offered in greater depths, consisting of transportation law, insurance law, commercial legal papers, and Letter of Credits. Learning methods would be lecturing, discussion, and problem analysis. All topics and methods are delivered in order to give competence to law students in analyzing and finding out solutions of legal problems on a field of international business transaction.
38. Tax Law (HKUI 1243; 4 credits)
Paying taxes is a constitutional obligation of every citizen. Tax money is collected by the government in return for the financing of public services and infrastructures. This course will explain first the fundaments of taxation, such as the definitions, elements, characteristics, and functions of tax. The course is continued by elaborating each type of taxes that imposed in Indonesia. The course will also look at the procedural law of taxation, such as the rights and obligations of taxpayers, and the legal proceedings in which taxpayers can pursue their rights to fair collection of taxes. In the delivery of the course various rules and regulations by which the Indonesian government imposes taxes within its jurisdiction will be mostly scrutinized, along with discussions on the existing theories and concepts of taxation postulated by distinctive tax scholars.
39. Interviewing, Counseling, and Negotiation (HKUI 1361; 3 credits)
Interview, and counseling, and negotiation are functionally different. However, the three are built on a similar foundation, which is the art, and sciences, of personal communication. Various approaches and techniques of interviewing, counseling, and negotiation have been developed in the discipline of psychology. The objective of this course is to introduce some of these approaches and techniques to students who in the future will venture into the legal profession, which is a profession that requires impeccable interpersonal skills.
40. Legal Writing (HKUI 1356; 4 credits)
The course has three major components: (1) an introduction to the sources of law, legal reasoning, interpretative methodologies, and professional responsibility; (2) a discourse into the sources and techniques for basic legal research; and (3) development of students’ ability to write about complex legal issues in a variety of settings and for a variety of audiences. Students have the opportunity to practice a number of skills, including interviewing, counseling, and oral argument. Classes will include a series of lectures, workshops, and simulated client representation exercises.
41. Human Rights Law (HKUI 1358; 2 credits)
Previously a predominantly international law concept, the values of human rights have now become so universal that they are instilled in all aspects of law at both the national and international levels. It therefore becomes important that students be mindful of what a ‘human right’ is. This course aims at introducing the basic concept of human rights, starting from definition, addressee of right, holder of human right obligations, etc. A number of substantive rights, such as the right to life and the right to freedom of speech, will also be introduced.
42. Conflict of Laws (HKUI 1359; 2 credits)
Unlike International Law (HKUI 1121), this course does not talk about one instrument which is applicable to a number of States. The term private international law is used to describe a situation or event that falls under the jurisdiction of more than one national (private) laws. Therefore, some refer to it as conflict of laws. This course will see such issues as marriage between nationals of two countries, private rights of the child born out of such marriage, and inheritance law revolving around individuals at different countries. Students will first look at the basic principles of private international law before studying into case laws and entering discussions in class.
43. Philosophy of Law (HKUI 1352; 2 credits)
Legal education at the undergraduate level is much broader than identifying rules and provisions within legislation; students must also understand the rationale behind the enforcement of law and the philosophy that inspires the law today. This course traces the history of modern law to the schools of thought that introduced new ideas which eventually became a principle that reorganized the society to order.
B. Elective Courses
44. Insurance Law (HKUI 2001; 3 credits)
The objective of this specialized course is to further elaborate on the legal function of insurance as an institution for transferring risks and its related legal aspects. It focuses on the principles of insurance and the details as to how insurance works, as well as the special characteristic of an insurance agreement.
45. Agreements in the World Trade Organization (HKUI 2002; 3 credits)
After an introduction to WTO in International Economic Law (HKUI 1242), this concentration course takes students deeper into the WTO legal system by looking at the international agreements annexed under the WTO Agreement. Specific topics under the relevant agreements will be elaborated in class, such as Intellectual Property under TRIPs, trade in services under GATS, measures on the trade of animals and plants under SPS, etc.
46. Capital Market Law (HKUI 2003; 3 credits)
This course focuses on violations and crimes in the capital market, the law enforcement mechanism in Indonesia based on capital market regulations, as well as the practice of securities trading in the Indonesian Stock Exchange. The course covers such capital market violations as licensing problem, fraud, market manipulation, insider trading, etc. Students are expected to be very active in this course, as a large component of the final grading consists of discussions, case analyses, and individual papers.
47. Company Law (HKUI 2004; 3 credits)
This course is focused on the law on Limited Liability Company (Perseroan Terbatas/PT). The principles, theories and legal practices related to Limited Liability Company in modern business will be given in class along with case studies. This course also includes other headings, such as the understanding of ‘piercing the corporate veil’, fiduciary duty, ultra vires, the business judgment rule, and good corporate governance.
48. Banking Law (HKUI 2005; 3 credits)
This course offers an overview of banking industry, definition and characteristics of the banking institution, the products and sources of funding of banking institution, types of bank, general principles, customer protection, and the governmental institutions related with banking institution, such as the Central Bank (Bank Indonesia) and the Deposit Guarantee Agency (Lembaga Penjamin Simpanan/LPS).
49. Competition Law (HKUI 2006; 3 credits)
This course provides an introduction to the regulatory framework of the Indonesian competition law and economics, particularly based on Law No. 5 of 1999. It will also include selected readings on important cases in both the EU and US to show how competition law has evolved. The course will introduce the students to simple economics of competition and overviews the concerns of competition laws in general. It then turns to discuss what competition laws are, how they relate to policies of governments and how they are enforced. The main issues covered by competition laws that the course will tackle include: price fixing and other illegal horizontal agreements, vertical agreements, ways to prove the existence of cartels, and the rules governing mergers and acquisitions.
50. Comparative Constitutional Law (HKUI 2101; 3 credits)
This course mainly covers the concepts in the Amended Constitution 1945 in a comparative perspective, e.g unitary and federal state; Constitutional State (rechstaats) and the rule of law; a comparison into the Western and Asian understanding on the rule of law (formal and substantive); system of government and types of presidentialsm; type of parliament; judicial independence; constitutional guarantees of democracry; constitutional limits on the government and constitutional adjudication. It also compares the Indonesian Constitution since 1945 until the four amendments at the present day, presidential constitution, parliamentary constitutions, unitary constitutions, and the constitutions of other ‘welfare state’ countries.
51. Executive-Legislative Relations (HKUI 2102; 3 credits)
This course discusses patterns of executive-legislature relations reflected in the systems of government. The discussion will include the functions of parliament-legislature, such as representation, legislation, budgeting and controlling, in theory and implementation in the Amended Constitution 1945. It will further address the practice of such relations in both national and regional levels.
52. Indonesian Judiciary (HKUI 2103; 3 credits)
This course discusses the structure and powers of the Indonesian Judiciary, which consists of a Constitutional Court (Mahkamah Konstitusi/MK) and a Supreme Court (Mahkamah Agung/MA). It will discuss in detail the process of recruitment for judicial officers, judicial independence and accountability. The roles of Judicial Comission (Komisi Yudisial/KY) and issues related to constitutional adjudication will also be addressed.
53. Local Government Law (HKUI 2104; 3 credits)
This course offers the discussion on the organs of local government and issues regarding the recruitment of local officers. In addition, it will also cover issues on distribution of power between the central and local government, regional autonomy, and local regulations.
54. Electoral law (HKUI 2105; 3 credits)
This course focuses generally on the relation between law and power, with a specific focus on issues related to political parties and election, such as the formation and functions of political parties and systems of election in Indonesia. In addition, it will also cover the executive and legislative elections in Indonesia both at the national and regional levels.
55. The Presidency (HKUI 2106; 3 credits)
This course studies the power and roles of the president, vice-president, and its ministries as institutions holding executive power. In this subject the students are expected to understand the normative legal concept as well as the practice in Indonesia, where the president serves as both the head of State and the head of government.
56. Law on the Protection of Women and Children (HKUI2301; 3 credits)
This course aims to introduce students to the protection of women and children in Indonesia. It will be discussed with essential theories and principles in criminal law. The course emphasises on feminist jurisprudence and legal theory, domestic violence, as well as the law on trafficking, children’s rights, and the juvenile justice system. The materials will cover Indonesian regulations and international principles on women’s and children’s rights in the criminal justice system.
57. Penitentiary Law (HKUI2302; 3 credits)
The criminal justice system includes the formulation, application, and execution of criminal matters. This course provides comprehensive materials on the execution stage. Penitentiary in the narrow sense is defined as the place for imprisonment. Meanwhile, in the broad sense, it is also defined as the law of the execution of criminal sentences. This course covers the objectives of sentencing, the death penalty, imprisonment, confinement, fines, and some additional punishments. The discussion shall be conducted relating to how sentences are executed and other relevant materials connected to each type of punishments.
58. Criminal Policy (HKUI2303; 3 credits)
Criminal policy is a rational reaction to combating crime. It consists of legislative policy in criminal matters and the circumstances which influence criminal conducts. Students will study the legal norms, structure, and culture in criminal law. In legal norms, the course provides the know-how for the formulation of crime in criminalization, the formulation of punishment in penalization, and legal drafting in criminal law. Students are expected to be heavily discuss solutions to criminal legal problems in the legislative stage. Furthermore, in legal structure, students are given comprehensive knowledge on the institutions and relevant structures in criminal law. Finally, in legal culture, the course discusses the social environment of criminal law.
59. Criminology and Victimology (HKUI2304; 3 credits)
This course is divided into two parts. While criminology focuses on crimes and criminals, victimology discusses theories and principles pertaining to victims. Criminology consists of theories on how crimes come to exist and are created within the society, as well as how people commit them. Students are expected to provide analysis on particular crimes arising in a society. Victimology will concern theories of why and how a person could fall victim to a crime. This part discusses how to prevent individuals and groups from becoming victims of crime. It includes discussions on victim’s rights and the protection of victims who come from vulnerable groups, such as women, children and differently-abled persons.
60. Transnational Crimes (HKUI 2305; 3 credits)
In the era of ASEAN Economic Community and globalisation, crimes are transnationally transformed. This course talks about inter alia what transnational crimes are, how to deal with them, and the types of transnational polices which have been undertaken. The course also sheds light on several transnational crimes, such as drug offences, human trafficking, terrorism, and environmental crimes. It also discusses the United Nations Convention on Transnational Organised Crime (UNTOC) and the contemporary development of the crimes at present.
61. International Criminal Law (HKUI 2206; 3 credits)
The end of World War II has brought about a new international awareness that there are crimes which are so horrendous that they should become the concern of the entire international society. This was followed by the establishment of international criminal tribunals to deal with the alleged perpetrators of these international crimes. Offered jointly with the Department of International Law, this course offers an in-depth look into inter alia the sui generis substantive international criminal law as well as the procedural law of the international criminal tribunals, which include the International Criminal Court as the permanent court, the ad hoc international tribunals like ICTY and ICTR, as well as the hybrid courts on the national level.
62. International Human Rights Law (HKUI 2201; 3 credits)
Following the introductory course Human Rights Law (HKUI 1358), this concentration course continues with the discourse into legal instruments on the protection of human rights at the international level. The United Nations Human Rights Treaty System will be introduced, along with the monitoring functions of the treaty bodies, and then the regional human rights instruments, from the European Convention of Human Rights to the African Convention on the Human and Peoples’ Rights, will be explained with the studies of cases in the regional human rights courts.
63. Law of Treaties (HKUI 2202; 3 credits)
Treaties are primary sources of international law. Students in the International Law concentration therefore need to understand the international legal system governing treaties. This course covers the basic definition of treaty, the process of treaty-making, reservation by a State to a treaty, principles in the application of treaties, rule of treaty interpretations, and conditions in which a treaty becomes invalid. Students are graded based on their performances in written examinations, individual or group papers, class presentation, and discussions.
64. Law of the Sea (HKUI 2203; 3 credits)
This course concerns the branch of public international law concerned with the public order at sea. A centerpiece of the discussion will revolve around the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The Convention, described as a “constitution for the oceans,” represents an attempt to codify international law regarding territorial waters, sea-lanes, and ocean resources. By the early 21st century the convention had been ratified by more than 150 countries. Students are expected to understand the general theories and concepts of Law of the Sea, as well as analyze and point out relevant and current cases of law of the sea. The course will include lectures and simulated cases presentation/discussion.
65. International Dispute Settlement (HKUI 2204; 3 credits)
In their interaction with one another, States will inevitably face a dispute. In the spirit of the Charter of the United Nations, war as a means of dispute settlement is prohibited. This leaves States with only peaceful methods of dispute resolution. This course covers a wide range of such methods, from the non-judicial negotiation, conciliation, mediation, good offices, and inquiry, to the semi- and judicial methods like public law arbitration and settlement through the International Court of Justice.
66. Diplomatic Law (HKUI 2205; 3 credits)
In international law the discourse of diplomatic relations dates back to ancient times. This branch of international law consists of mostly centuries-old customary rules which are still relevant for usage in today’s international relations. The class will focus on the principles of diplomatic relations, theories on the bestowal of diplomatic privileges, the scope of diplomatic immunity and inviolability, and discussions on landmark cases.
67. International Criminal Law (HKUI 2206; 3 credits)
Supra no. 61).