-
THE ADMISSIBILITY OF EARTH OBSERVATION DATA IN LEGAL PROCEEDINGS: A CLOSER LOOK TOWARDS DATA IMAGING Indonesia Law Review Pub Date : 2021-04-30 Alif Nurfakhri Muhammad
Space capabilities utilization, specifically Earth observation capabilities is not just limited to environmental protection and disaster mitigation, as was shown in the UN Principles on Remote Sensing. It is also can be used to support law enforcement and legal proceedings in court. However, the technology of Earth observation is very complex and the process from primary earth observation data to analyzed
-
INEFFECTIVE REFUGEE STATUS DETERMINATION PROCESS: HINDRANCE TO DURABLE SOLUTION FOR REFUGEES RIGHTS AND PROTECTION Indonesia Law Review Pub Date : 2021-04-30 Rohaida Nordin,Norilyani Nor,Rosmainie Rofiee
In any Host States, the process of Refugee Status Determination (RSD) conducted by the United Nations High Commissioner for Refugees (UNHCR) is critical in facilitating asylum-seekers to seek necessary protections. UNHCR ensures that asylum-seekers will not be returned involuntarily to the State of Origin where they could face persecution. As a long-term solution, UNHCR helps refugees to find appropriate
-
CRIMINISTRATIVE LAW: DEVELOPMENTS AND CHALLENGES IN INDONESIA Indonesia Law Review Pub Date : 2021-04-30 Nathalina Naibaho,Harkristuti Harkrisnowo,Suhariyono AR,Andri Wibisana
The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those
-
WHEN CHILDREN’S RIGHTS ARE AT STAKE, SHALL COURT REMAIN SILENT? ANALYSIS ON THE IMPLEMENTATION OF PASSIVITY OF JUDGE PRINCIPLE IN CHILD MARRIAGE DISPENSATION IN INDONESIA Indonesia Law Review Pub Date : 2021-04-30 Laras Susanti
This article explores the existence of asas hakim pasif (passivity of judge principle) in cases involving children in civil cases in Indonesia. As one of the basic principles in civil procedure, judges must be bound by the scope of case and evidence brought by parties. The principle is not absolute, showing that pursuant to Law on Judicial Power: judges are obliged to uphold justice by exploring law
-
KOMNAS HAM'S HUMAN RIGHTS JURISDICTION OVER BUSINESSES INVOLVED IN THE HAZE CRISIS Indonesia Law Review Pub Date : 2021-04-30 Iman Prinhandono,Nadirsyah Hosen,Kelly Boom
Indonesia’s forest fires have caused a serious haze problem nationally and in the Southeast Asian region, which has caused harm to the human rights to life, health and a healthy environment, work, education, and many others. The forest fires largely stem from harmful slash-and-burn methods of land clearing, done at large scales by corporations. Judicial mechanisms have proven ineffective to deter violating
-
Between Control and Empowerment: Local Government and Acknowledgement of Adat Villages in Indonesia Indonesia Law Review Pub Date : 2020-12-31 Tine Suartina
The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal
-
Authoritarianism in the Halal Product Guarantee Act of Indonesia: A Contribution to An Ongoing Debate Indonesia Law Review Pub Date : 2020-12-31 Siti Rohmah
Abstract This study aims to examine the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia. The issue raised concerns opinions on or accusations of the Halal Product Guarantee Act of Indonesia reflecting authoritarianism and threatening human rights, specifically, religious beliefs. Furthermore, the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia
-
Utilization of Geographical Indication Protection System for Traditional Handicrafts in Indonesia Indonesia Law Review Pub Date : 2020-12-31 Ranggalawe Suryasaladin Sugiri
This work attempts to analyze the implementation of the GI law and regulations in the traditional handicraft industry in Indonesia. We particularly focus on the natural and human factors that are assessed when stakeholders apply for GI registration for their traditional handicraft products. This work also analyzes the books of requirements of five handicrafts with registered GIs in Indonesia. Indonesia’s
-
Inclusive and Implementable Legal Rules for E-Commerce: A Comparative Study of Indonesia and Vietnam Indonesia Law Review Pub Date : 2020-12-31 Ngoc Nguyen Thi Bich,Phan Nguyen
Both Vietnam and Indonesia have large populations that promise major markets for e-commerce. The two nations record high internet coverage and large numbers of social media users. Recently, the countries have been trying to support e-commerce with new legal rules. In November 2019, Indonesia’s government introduced Government Regulation No. 80 of 2019 on Trading through Electronic Systems (GR 80, 2019)
-
Legalization of Waqf Forests in Indonesia: The Registration Process Indonesia Law Review Pub Date : 2020-12-31 Miftahul Jannah,Moh. Kholish,Ilham Tohari
Abstract Waqf (Islamic endowment) is considered one of the alternative solutions to environmental problems in Indonesia. One of the examples is through the establishment of a waqf forest, a conservation initiative in the form of developing forests on waqf land. The development of waqf forests needs to pay attention to the legal side in accordance with the laws and regulations of Indonesia. Previous
-
The Law of Arbitration Rules that are Final and Binding Indonesia Law Review Pub Date : 2020-12-31 Heru Sugiyono,Heru Suyanto,Rosalia Agustanti
A request in a district court for annulment of an arbitration, or arbitral, award is a form of legal remedy that claims dissatisfaction with the award by one or more parties. It contravenes the provisions that stipulate the finality of the award and its permanently binding legal force. The attempt to invalidate the arbitral award seems to reflect the party’s (or parties’) disobedience to it. The research
-
THE POTENTIAL EFFECTS OF PIRACY ON THE ART-CRAFT INDUSTRY: A COMPARATIVE ANALYSIS OF NIGERIA AND INDONESIA Indonesia Law Review Pub Date : 2020-08-31 Kalu Kingsley Anele
Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the availability of art-crafts, cultural heritage, and cultures but also coastal states that rely heavily on shipping for their economic development. The existence of art-crafts and cultural heritage also means that there are thriving tourism sectors and creative industries in both countries. Nonetheless, the
-
A BEHAVIORAL APPROACH TO BILATERAL COOPERATION ON CRIMINAL LAWS: A CASE STUDY ON INDONESIA’S EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES Indonesia Law Review Pub Date : 2020-08-31 Harison Citrawan,Muhammad Fedian
The effectiveness of bilateral agreement in the context of criminal law enforcement is still highly contested. In the Indonesian context, such a bilateral cooperation is classified into two modalities of indirect law enforcement systems, namely: extradition and mutual legal assistance in criminal matters. This article attempts to explain the state’s rationality in establishing these modalities. Through
-
CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM Indonesia Law Review Pub Date : 2020-08-31 David Tan
Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to
-
FREEDOM OF SPEECH AND THE ROLE OF CONSTITUTIONAL COURTS: THE CASES OF INDONESIA AND SOUTH KOREA Indonesia Law Review Pub Date : 2020-08-31 M. Lutfi Chakim
Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy
-
THE RISE AND THE FALL OF THE JURISDICTION OF INDONESIA'S ADMINISTRATIVE COURTS: IMPEDIMENTS AND PROSPECTS Indonesia Law Review Pub Date : 2020-08-31 Enrico Parulian Simanjuntak
If one of Indonesia’s judiciary branches has been in constant flux before and after one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction
-
CORRUPTION IN MATCH-FIXING WITHIN SPORTS: THE NEED TO REGULATE FUTURE LEGISLATION (A COMPARATIVE STUDY AND LESSON FROM THE AUSTRALIAN SYSTEM OF LAW) Indonesia Law Review Pub Date : 2020-04-30 Ranto Sabungan Silalahi
The Indonesian football league has been devastated greatly because of match-fixing, a problem that has caused the decline of the country’s achievements in international events. The ongoing mechanism of using sports law or lex sportiva is considered ineffective because it provides no deterrent effect on offenders. The country may learn from Australia, who has gained many international sports achievements
-
LEGAL ISSUES ON INDONESIAN MARINE PLASTIC DEBRIS POLLUTION Indonesia Law Review Pub Date : 2020-04-30 Zhen Jing,Sutikno Sutikno
Various problems related to marine plastic debris pollution have yet to be resolved. Therefore, the definition, categorization, origin, and degradation of marine plastic debris must be thoroughly investigated to gain a comprehensive understanding of the related issues. The presence of marine plastic debris has significant implications on marine environments, including ecological, biodiversity, health
-
DESA ADAT PROVINCIAL LAW: EXISTENCE STRENGTENING OR POWER FLEXING? Indonesia Law Review Pub Date : 2020-04-30 Luh Rina Apriani,Anna Erliyana
The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat
-
INDONESIAN DEMOCRACY AND POLITICAL PARTIES AFTER TWENTY YEARS OF REFORMATION: A CONTEXTUAL ANALYSIS Indonesia Law Review Pub Date : 2020-04-30 Muhammad Bahrul Ulum
This paper traces the trajectory of Indonesian democracy that has developed in the last twenty years, specifically regarding the extent to which its continuities and changes have been consistent with the rationale for reformation. It enquires whether the current democracy has been transformed based on liberal constitutionalism or the new democracy has restored the integralist ideal. In recent years
-
INDONESIAN PERSPECTIVE ON THE INVESTOR–STATE DISPUTE SETTLEMENT MECHANISM FOR FOREIGN INVESTMENT DISPUTE SETTLEMENT IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS Indonesia Law Review Pub Date : 2020-04-30 Jessica Leonard,Prita Amalia,An Chandrawulan
Investment includes tangible and intangible assets. Intangible assets are often connected with intellectual property which leads to intangible results. The lack of “visibility” in intangible assets makes them difficult to measure. Current international regulations have not also explicitly provided room for enforcement regarding intellectual property rights in terms of foreign investment. Therefore
-
COMPARATIVE STUDY ON E-WASTE MANAGEMENT AND THE ROLE OF THE BASEL CONVENTION IN MALAYSIA, SINGAPORE, AND INDONESIA: A WAY FORWARD Indonesia Law Review Pub Date : 2020-04-30 Khalid Mehmood Shad,Sarah Ling,Mohammad Karim
Electrical and electronic equipment waste (E-waste/WEEE) is a current global concern because of the increasing volume and improper treatment of e-waste. Generally, e-waste can be defined as discarded components of electrical and electronic equipment that have no reuse value. The improper disposal of e-waste can bring about catastrophic effects to mankind and the environment. The Basel Convention in
-
Developing A Legal Framework of Personal Data Protection in The Indonesian Criminal Procedure Law Indonesia Law Review Pub Date : 2019-12-31 Josua Sitompul
Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence
-
Bali Mawacara: Is A Quasi-common Law System Developing in Balinese Customary Law? Indonesia Law Review Pub Date : 2019-12-31 Danial Kelly, Wayan P Windia
The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the
-
Limitation of Rights As A Manifestation of Duties and Responsibilities Pertaining to The Freedom Expression in Digital Communications Indonesia Law Review Pub Date : 2019-12-31 Edmon Makarim, Muhammad Ibrahim Brata, Nabilla Arsyafira
The freedom of expression is thriving due to the global use of the internet. The digital era has revolutionized the scope, practices, and even the definition of freedom expression. However, it also evokes a number of social concerns. Offenses such as the circulation of defamation, hate speech, misleading propaganda to the masses, and fraud, for instance, can be found in the internet. Certain limitations
-
Contextualizing Restorative Justice Through Diversion Mechanism: A Study of Indonesia Juvenile Justice System Indonesia Law Review Pub Date : 2019-12-31 Faiz Rahman
Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm
-
The Embodiment of Adat Law As An Element of Legal Certainty in Administration of Adat Rights Indonesia Law Review Pub Date : 2019-12-31 Anne Gunadi
Former Adat land is formed based on the assessment of Adat Law, not because of state granting or land registration, and the Agrarian Basic Law recognizes it through provisions on conversion provisions, where former customary land rights are converted into ownership rights if the subject is an Indonesian citizen. The registration of former adat land rights aims to guarantee legal certainty, by abolishing
-
The 1958 New York Convention in Indonesia: History and Commentaries Beyond Monism-Dualism Indonesia Law Review Pub Date : 2019-12-31 John Lumbantobing
This Article recounts a complete history of Indonesia’s implementation of the 1958 NY Convention. In particular, the elaboration and analysis focus on the comparison between related provisions in the 1999 Indonesian Arbitration Law and the Convention’s provisions as well as on several key Indonesian court decisions on enforcement of foreign arbitral awards. Different than other writings in this area
-
A NEW ROLE OF CAUSATION THEORY TOWARDS ACHIEVING ECONOMIC CONTRACTUAL EQUILIBRIUM: MONITORING THE ECONOMIC EQUILIBRIUM OF THE CONTRACT Indonesia Law Review Pub Date : 2019-09-30 Osama Ismail Amayreh, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, Yousef Mohammad Shandi
The phrase “who says contractual, says justice” “qui dit contractuel dit juste” does not fully express the truth of our present reality, where the phrase itself falls into doubt, since the contract does not always result in fair obligations, as the contract is an expression of often unequal wills. In this regard, the French judiciary realized that the absence of justice in the contract might arise
-
Legal Protection for Recipients of Foreign Franchise Rights in Indonesia Indonesia Law Review Pub Date : 2019-09-30 Sugeng Sugeng
Due to gobalization, world trade has increased tremendously. Franchising having surged as one of the many business models has the potential to improve the economy of the community. Basically, franchising refers to a method of goods and services distribution to consumers. The party who owns the method is referred to as the franchisor, while the party given the right to use a method the franchisee. This
-
POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA Indonesia Law Review Pub Date : 2019-09-30 Nani Mulyati, Topo Santoso
In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they
-
DECONSTRUCTING SIMPLE EVIDENCE IN BANKRUPTCY PETITION FOR LEGAL CERTAINTY Indonesia Law Review Pub Date : 2019-09-30 M. Hadi Shubhan
This study analyzed the theories, norms, and practice of simple evidence (pembuktian sederhana) which have become the requirements for bankruptcy petition applications. The evidence applied in the procedure law of the bankruptcy petition and the Suspension of Debt Repayment Obligation or PKPU was simple evidence. The existence of the simple evidence requirement actually caused the bankruptcy petition
-
The Mandatory Use of National Language in Indonesia and Belgium: An Obstacle to International Contracting? Indonesia Law Review Pub Date : 2019-09-30 Priskila Pratita Penasthika
Law Number 24 of 2009 on National Flag, Language, Emblem, and Anthem of Indonesia requires that any contract involving an Indonesian party must be drafted in Indonesian. In applying this law, the Supreme Court of the Republic of Indonesia, in Nine AM v. PT Bangun Karya Pratama Lestari judgment, annulled a loan agreement because it was considered to violate the language requirement. Although claiming
-
Causes and Consequences of the War on Marijuana in Indonesia Indonesia Law Review Pub Date : 2019-09-30 Aristo Marisi Adiputra Pangaribuan, Kelly Manthovani
This article argues that the current narcotics law regime is a factor to blame for the cause of prison overcrowding and unnecessary deprivation of liberty and dignity for its violator with the help of criminal justice tools. Multi-layer category of drug users introduced by the current narcotics law is leaving too much discretion for the law enforcement agency to criminalize marijuana user. Data shows
-
Two Ideas of Economic Democracy: Contextual Analysis on Role of Indonesian Constitutional Court as a Guardian of Democracy Indonesia Law Review Pub Date : 2019-04-30 Kukuh Fadli Prasetyo
This study analyses the role of guardian of democracy performed by Indonesian Constitutional Court in reinterpreting the ideas of economic democracy. Although, in the 1945 Constitution, the economic democracy is well-derived from the mind’s eye of social justice which is established in Pancasila, some economic legislations tends to ignore the idea of economic democracy. Therefore, the Constitutional
-
GRAPHICAL REPRESENTATION IN THE FORM OF LABEL MEREK/MARK ETIQUETTE IN RELATION WITH NON-CONVENTIONAL TRADEMARKS REGISTRATION IN INDONESIA Indonesia Law Review Pub Date : 2019-04-30 Ilham Azenal Sacabrata
Legal development introduces the new type of trademarks differ to those of the conventional ones. This paper gives an account of non-conventional trademarks categories, particularly sound, scent and taste mark, in terms of their registration. Subsequently, it also further illustrates that graphical representation, as a prerequisite, stifles the registration of non-conventional trademarks through recent
-
Elimination Of Culture Based Discrimination Against Women In Indonesia: Indonesia Law Review Pub Date : 2019-04-30 Widya Naseva Tuslian
The notion of cultural relativism has always been fundamental challenge to upholding human rights values, especially with regard to gender mainstreaming and equality of either sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given their own cultural traits that produce their own mode of thinking and ideology. It is thus understandable that article 5 (a) of women
-
IMPLEMENTING THE EXTRATERRITORIALITY PRINCIPLE TO STRENGTHEN COMPETITION LAW ENFORCEMENT IN INDONESIA IN THE AEC ERA: A COMPARATIVE STUDY Indonesia Law Review Pub Date : 2019-04-30 Muhammad Rifky Wicaksono, Kusuma Raditya, Laurensia Andrini, Muhammad Hawin, Paripurna Sugarda, Herliana Herliana, Hariyanto Hariyanto
The regional economic integration that ensues from the ASEAN Economy Community will not only provide its members with boundless opportunities for economic growth, but also with unprecedented challenges. The demands of a more interconnected regional economy will requirethe Indonesian government, as guardians of the competitive process in the Indonesian market, to protect it from anticompetitive conduct
-
INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM (SVLK): IN PURSUIT OF SUSTAINABILITY IN FOREST GOVERNANCE Indonesia Law Review Pub Date : 2019-04-25 M. Yakub Aiyub Kadir
This paper investigates the Indonesian Timber Legality Assurance (Sistem Verifikasi Legalitas Kayu, SVLK) and its nature to produce legal wood under the European Union-Forest Law Enforcement Governance and Trade (EU-FLEGT) system. It is intended to ensure the exporting states control over legality of wood under new forest governance and its enforcement in EU market. Using a critical legal analysis
-
The Nationalization of the Dutch Owned Plantations in North Sumatra: To Whom The Communal Land Belong? Indonesia Law Review Pub Date : 2019-04-16 Edy Ikhsan
This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws
-
LEGAL STATUS OF VIRTUAL CURRENCY IN INDONESIA IN THE ABSENCE OF SPECIFIC REGULATIONS Indonesia Law Review Pub Date : 2019-01-16 Soonpeel Edgar Chang
Given Indonesia’s recent legal policy developments regarding cryptocurrency, it is pertinent to ask whether this new investment market, by its overall structural formation, holds any further risks to Indonesia beyond those to individual parties. This paper contends that any effective regulation of this new ecosystem requires adoption of the machinery of more fundamental concepts and a clear direction
-
RESTRICTIONS OF THE RIGHTS OF FREEDOM OF RELIGIONS: COMPARISON OF LAW BETWEEN INDONESIA AND GERMANY Indonesia Law Review Pub Date : 2018-12-31 A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat
The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted; (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany; and (3)
-
INDONESIA’S UPSTREAM PETROLEUM GOVERNANCE REFORM: WHICH MODEL IS CONSTITUTIONAL ENOUGH? Indonesia Law Review Pub Date : 2018-12-31 Afghania Dwiesta
The Indonesian Constitutional Court abruptly annulled provisions regarding the function of BP Migas as state representative in managing upstream oil and gas operations in Indonesia, declaring it unconstitutional. Apparently, the Court was convinced that exercising absolute state control over hydrocarbon operations would give the utmost benefit to the people. This research argues that in achieving such
-
LEGAL AND NON-LEGAL AGRICULTURAL PRACTICES: TOWARD A SUSTAINABLE FUTURE IN MALAYSIA’S PALM OIL INDUSTRY Indonesia Law Review Pub Date : 2018-12-31 Hanim Kamaruddin, Harlida Abdul Wahab, Haslinda Mohd Anuar
As a major global producer of palm oil products, Malaysia is familiar with criticisms of its palm oil cultivation, poor agricultural practices and decisions during the planting process. Loss of biodiversity and deforestation resulting from unsustainable palm oil practices are perceived as major setbacks for the environment in Malaysia. However, at the same time as Malaysia stands committed to the palm
-
WOMEN RIGHTS FULFILLMENT AS THE VICTIM OF GROSS HUMAN RIGHTS VIOLATION: URGENCY FOR THE SEXUAL VIOLENCE ERADICATION BILL Indonesia Law Review Pub Date : 2018-12-31 Ani Purwanti, Rian Adhivira Prabowo
Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators
-
Indonesia and Its Reluctance to Ratify the United Nations Convention on Contracts for the International Sale of Goods (CISG) Indonesia Law Review Pub Date : 2018-12-30 Surya Oktaviandra
There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy
-
BOOK REVIEW: ASIAN CONFLICT OF LAWS - EAST AND SOUTH EAST ASIA Indonesia Law Review Pub Date : 2018-08-31 Priskila Pratita Penasthika
-
INTERNATIONAL AND DOMESTIC LAW ASPECTS OF CROSS-BORDER INSOLVENCY IN ORDER TO ESTABLISHING CROSS-BORDER INSOLVENCY REGULATION IN ASEAN: INDONESIAN PERSPECTIVE Indonesia Law Review Pub Date : 2018-08-31 Najib Imanullah, Emmy Latifah, Pramesthi Dinar Kirana Ratri
Abstract The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies
-
MEDIATION FOR INDONESIAN TAX DISPUTES: IS IT POTENTIAL ALTERNATIVE STRATEGY FOR RESOLVING INDONESIAN TAX DISPUTES? Indonesia Law Review Pub Date : 2018-08-31 Khoirul Hidayah, Suhariningsih, Istislam, Iwan Permadi
Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the
-
PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES Indonesia Law Review Pub Date : 2018-08-31 M. Ya'kub Aiyub Kadir
This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources
-
REFUGEES RESETTLEMENT: A REVIEW OF INDONESIAN LAWS AND PRACTICES Indonesia Law Review Pub Date : 2018-08-31 Arie Afriansyah, Eva Achjani Zulfa
This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal
-
EMERGING BALINESE FRANCHISED CITY HOTELS IN LEGAL CONTEXTS: TOWARD MODEL PROVISIONS OF LOCAL GOVERNMENT REGULATION AND A SELF-REGULATION FRAMEWORK Indonesia Law Review Pub Date : 2018-08-31 Ni Ketut Supasti Dharmawan, Made Sukma Prinjandhini Salain, Benjamin Halliwell
The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in terms of the quality of hotel standardization and reputation. Still, such hotels remain incomparable to
-
-
IMPROVING THE ROLE OF EXPERTS UNDER INDONESIAN CRIMINAL PROCEDURE LAW: LESSONS LEARNED FROM THE DUTCH LEGAL SYSTEM Indonesia Law Review Pub Date : 2018-05-01 Josua Sitompul
This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases
-
THE RIGHT OF EARLY ACCESS TO CRIMINAL LEGAL AID IN INDONESIA: CLEAR RULE, CLEARER VIOLATIONS Indonesia Law Review Pub Date : 2018-05-01 Maxwell Abbott
This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice
-
LEGAL ISSUES SURROUNDINGS AIRLINE ALLIANCES AND CODE-SHARE ARRANGEMENTS: INSIGHTS FOR THE INDONESIAN AND ASEAN AIRLINE INDUSTRY Indonesia Law Review Pub Date : 2018-04-30 Ridha Aditya Nugraha
Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share arrangements could be seen as the perfect implementation of an airline alliance. Alliances are more flexible than
-
REFORMING INDONESIAN RAPE LAW: ADOPTING U.S. RAPE SHIELD LAW IN EXCLUDING PREJUDICIAL EVIDENCE Indonesia Law Review Pub Date : 2018-04-30 Choky R. Ramadhan
Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In several cases, the judge undermined victim’s testimony because of past sexual history and lack of resistance
-
INDONESIA AND ASEAN PLUS THREE FINANCIAL COOPERATION Indonesia Law Review Pub Date : 2017-12-31 Ariawan Gunadi
-
THE DUTCH PENAL CODE UNDER REVIEW Indonesia Law Review Pub Date : 2017-12-31 Jeroen Martijn Ten Voorde
The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review
-
INDONESIA'S ENERGY SECURITY: ARE WE SECURING IT RIGHT? LESSON LEARNED FROM THE EU Indonesia Law Review Pub Date : 2017-12-31 Afghania Dwiesta
Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained