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INDONESIA
IKAT : The Indonesian Journal of Southeast Asian Studies
ISSN : 25806580     EISSN : 25979817     DOI : -
Core Subject : Economy, Education,
The Journal strives to provide new, rigorous and comprehensive knowledge and understanding of Southeast Asia through inter-disciplinary perspectives. Its scopes includes but is not limited to economic welfare, institutional knowledge production, history, political transformations and the social development of information and communication technology in the region. Contributors may focus on an in-depth individual country analysis or on comparing a multi-country case study. Given the mission statement of CESASS, contributors are encouraged to submit empirical, methodological, theoretical, or conceptual articles about Southeast Asia through the eye of social sciences.
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Articles 6 Documents
Search results for , issue "Vol 5, No 1 (2021): July" : 6 Documents clear
The Cross-Border Insolvency in the Execution of Bankrupt Assets Outside Indonesian Jurisdiction: A Comparative Study with Malaysia, Singapore, and the Philippines Putu Eka Trisna Dewi
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.64157

Abstract

Insolvency institutions have an important role in realizing legal certainty in the settlement of debt and credit disputes, which is one of the risks that arise from the rapid development of international business transactions. Bankruptcy cases containing foreign elements are called cross-border insolvency. The problems that arise in cross-border insolvency are more complex, especially regarding the execution of assets of bankrupt debtors situated outside Indonesia's jurisdiction. This study uses a doctrinal legal research method with a statutory approach. Bankruptcy in Indonesia is regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. In this law, the execution of assets of bankrupt debtors outside the jurisdiction of Indonesia has not been regulated so that the curator as the body appointed to carry out the execution cannot carry out the task as mandated by the law. The non-executable assets of the bankrupt debtor outside the jurisdiction of Indonesia have caused the bankruptcy estate (de boedel) ineffective; therefore, creditors do not receive a maximum payment related to debtor's debt. For this reason, Indonesia needs to adopt the UNCITRAL model of law on cross-border insolvency or to make bilateral and/or multilateral agreements that are reciprocal in nature related to the execution of bankrupt debtors' assets located outside Indonesia's jurisdiction.             
Reforming the Tourism Promotion Board for an Effective Tourism Promotion in Indonesia: A Legal Perspective Anak Agung Gede Duwira Hadi Santosa; Putu Devi Yustitia Utami; I Made Marta Wijaya
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.64562

Abstract

The Indonesia/Regional Tourism Promotion Board (or I/RTPB) is an agency having duties to assist the development of the tourism sector. Since its establishment, it has not been able to play an optimal role in performing its duties and responsibilities. The purpose of this study is to find out and understand the institutional arrangements for the I/RTPB in the current legislation and to find out and formulate the ideal form of the I/RTPB in accelerating its functions especially for the recovery of the tourism sector in the post-pandemic context. This article uses a doctrinal research method with a statutory approach. The study shows the problem of the provisions on the I/RTPB in the Tourism Law in Chapter X from Article 36 to Article 49. To properly function for the economic recovery after the pandemic, there is a need to restructure the I/RTPB as an independent body with a mandate in the field of tourism promotion. 
Indigenous Peoples in Regional Institutions: A Comparative Perspective between ASEAN and the Arctic Council Muhammad Dwiki Mahendra
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.64922

Abstract

The study of Indigenous People is a vast subject and it is continuously growing. Indigenous Peoples often lack formal recognition over their lands, rights, and at worst, their identities hence they are often undermined by the government and international law. Such things were possible since the recognition of Indigenous Peoples is varied and depends on each national or regional perspective. Within Southeast Asia’s regional organization, the Association of Southeast Asian Nations (ASEAN), no reference to the Indigenous Peoples was made on its founding document. This paper focuses on the issue of Indigenous Peoples by comparing the position of Indigenous Peoples within the framework of ASEAN to Arctic Council. By qualitatively analyzing relevant references on ASEAN, Arctic Council, and Indigenous Peoples, this article aims to understand the stark differences of how ASEAN and Arctic Council recognize the Indigenous Peoples within each region. Such understanding is necessary to drives ASEAN and its member states to accommodate broader rights to Indigenous Peoples.
Achieving the Nationally Determined Contribution (NDC) in Forestry Sectors: Challenges for Indonesia Etheldreda E.L.T Wongkar
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.64974

Abstract

Indonesia's determination in realizing the Nationally Determined Contribution target as a follow-up to the Paris Agreement resulted in concrete steps in climate change adaptation and mitigation efforts, one of which is through social forestry. This paper aims to describe the various efforts to achieve Indonesia's targets on both conditional and unconditional, as well as the application and linkage of social forestry schemes to climate change will. This research produces two conclusions. First, those conditional and unconditional targets are related in their implementation, primarily related to the development of Indonesian legislation and capacity building in achieving Nationally Determined Contribution targets. Second, namely that after the issuance of the MoEF Decree No. 83/2016, social forestry regulations in Indonesia have begun to accommodate ecological elements, although the nature are still partial in every policy momentum and are still not in line with the scope of activities of REDD+. Several critical issues that need to be followed up are the absence of uniform and applicative carbon measurement and calculation methods for beneficiary communities and national forest carbon certification system for social forestry areas, legal challenges on the recognition of Indigenous People rights, also political-economic challenges.
The Prevention of Peatland Fires in Indonesia: ‘Law in Action’ to Implement the ASEAN Haze Treaty Myrna A Safitri
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.65027

Abstract

Signed in 2002, the ASEAN Haze Treaty is expected to reduce transboundary haze pollution and improve regional environmental governance. Indonesia plays a vital role in the implementation of the Treaty's goals. It has the largest forest and peatland area in Southeast Asia. Yet, its repeated forest and land fires had often caused transboundary pollution. Since 2016 the Indonesian Government has improved its national laws and strengthened institutional aspects of peatland protection. The peatland ecosystem is essential because it is prone to burning. Unfortunately, few studies describe how these policy changes have impacted fire prevention in degraded peatland ecosystems. This article scrutinizes the political factors behind the legal and institutional changes in Indonesia's peatland governance during 2016-2020. The theory of legal culture becomes the primary reference in this regard. This article then identifies six predominant factors in peatland law improvement: strong leadership, improved coordination at the national and sub-national levels, making operational directives, establishing a specialized Government institution dealing with peatland restoration, law enforcement, and the strength of civil society in doing public oversight.
Introduction to the Special Issue on Current Legal Problems in Indonesia Agung Wardana
IKAT: The Indonesian Journal of Southeast Asian Studies Vol 5, No 1 (2021): July
Publisher : Center for Southeast Asian Social Studies (CESASS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/ikat.v5i1.68367

Abstract

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