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WAHID FATHONI
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INDONESIA
Indonesian Comparative Law Review
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 26552353     EISSN : 26556545     DOI : 10.18196/iclr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Comparative Law Review (ICLR) (ISSN: 2655-2353, E-ISSN:2655-6545 is a periodical scientific-journal published by the Faculty of Law, Universitas Muhammadiyah Yogyakarta in collaboration with the Indonesian Association of Comparative Laws. The journal will be published twice a year in December and June. ICLR’s vision is to be a leading scientific journal in comparative law. ICLR has a unique approach in creating innovative discourse on harmonization among legal systems. ICLR will receive many articles from legal scholars from reputable universities worldwide.
Arjuna Subject : Umum - Umum
Articles 6 Documents
 1 
Search results for , issue "Vol 1, No 1 (2018)" : 6 Documents clear
Comparative Study on Criminal Provisions on Regional Regulations Concerning Exclusive Breastfeeding Windayani, Tisa
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1103

Abstract

Infant’s right on exclusive breastfeeding has been protected on Law No. 36/2009 on Health. One of the measurements in its protection is by using criminal provision. It is stated in Art. 200 and 201, each of which has criminal sanction to those obstructing the exclusive breastfeeding program. As an effort to implement this national policy, quite a numerous of provinces or even lower administrative regions had issued regulations concerning the same matter. Some of them have criminal provision as well, as can be seen in City Regulation of Cirebon No. 4/2016 on Early Initiation and Exclusive Breastfeeding and also in the City Regulation of Semarang No. 5/2014 on Early Initiation and Exclusive Breastfeeding. This paper will assess specifically the criminal provisions on those regional laws in a comparative perspective. The selection of the two laws is based on the preliminary study which found a quite unique form of criminal provisions on each laws. The analysis is also be based on art 200 and 201 Law No. 36/2009 and its derivative regulations as a normative measurement in national level, with which the two regional laws must be in line to. This research found that there are quite a significance differences between the two laws especially regarding the form of action that is criminally regulated. Variation also found on how the two laws fulfil what is demanded by the national criminal policy.
Arbitration Agreement in Taiwan Arbitration Regulations in a Comparative Perspective Wan, Ju-Yeh
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1102

Abstract

As far as arbitration agreement is concerned, it is suggested that the Taiwan Arbitration Act1 (as last amended on 2 December 2015, formerly named the Commercial Arbitration Act, came into force on 24 December 1998, after the reform of the arbitration law in Taiwan.) is trying to meet the needs of further development of Taiwanese arbitration, particularly international commercial arbitration. Article 1, Article 2 and Article 3 of the Taiwan Arbitration Act set out some criterion on adjudicating the validity of an arbitration agreement. This thesis try to make a comparative study of the Taiwanese arbitration system with other arbitration systems from arbitration agreement perspectives and hope possibly to improve Taiwan Arbitration Law. Proceeding an arbitration should be based on a valid agreement to arbitrate. This comparative study focuses on the issue relating to arbitration agreement.
Comparative Law in Asia: The Case for Intra-Asia Intensification Farid Sufian Shuaib
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1101

Abstract

I would like to thank the organiser for inviting me to participate in this important conference – the ASIAN Conference on Comparative Law 2018 – with the theme “Comparative law and Legal Culture in Asia”. This conference is certainly timely considering what is happening around us on the world stage. One inference that we could make from Brexit (namely the success of the referendum for United Kingdom to leave the European Union) and the support received by the far right populist political parties in Europe, (such as the National Front in France) is that nationalism is on the rise. Of course, nationalism helps the creation of states in the first place and thus is not necessarily a terrible thing. Moreover, nationalism could be used to harness unity and cohesiveness in a nation in order to be a developed country, so that the agenda for development could be executed and achieved. However, the language of nationalism that one could hear from some parts of the world is about superiority and exclusion. Thus, a conference on Comparative Law is nothing but timely.
Human Rights Court and Truth Reconciliation Commission for the Settlement of Human Rights in Indonesia Junaedi, Junaedi
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1104

Abstract

The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case.  The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.
Legal Friction of State Civil Apparatus Neutrality in Indonesia Sarnawa, Bagus
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1105

Abstract

The State Civil Apparatus (ASN) is the executor of governmental and development duties. Therefore, ASN must be neutral. According to Law No. 5 of 2014, the neutrality of ASN must be free from the influence and intervention of all groups and political parties. In order to maintain the neutrality of the State Civil Apparatus from the influence of political parties and to ensure the integrity, cohesiveness and unity of the State Civil Apparatus, and to focus all attention, mind and energy on assigned duties, ASN is prohibited from becoming a member and / or political party official. Historically, the arrangement of ASN neutrality began during the Old Order period, which the issuance of Presidential Regulation No. 2 of 1959 on the Prohibition of Civil Servants and State Officials in Political Parties in that time. Furthermore, this Presidential Regulation is followed up and extended by Circular Letter of the President of the Republic of Indonesia No. 2 of 1959 concerning on Prohibition of Political Party Membership for State Civil Apparatus that implement state obligation outside his position. Furthermore, in the New Order era, Law No. 8 of 1974 on the Principal of Employee Affairs, while in the Reform Order was issued Law No. 43 of 1999, Civil Servants should be neutral from the influence of all groups and parties and not discriminatory in providing services to the community.
Model of Local Wisdom Legal Source and State Law in Aceh Government Zulfan, Zulfan
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1106

Abstract

The initial process of the peace agreement between Indonesian Government and Aceh Free Movement in 2005 was through sociological, philosophical, juridical and political considerations. The Free Aceh Movement attempted to reconstruct the source of local wisdom law in Law Number 11 the Year 2006 regarding Aceh Government. It means that the 1945 Constitution of the Republic of Indonesia recognizes and respects Aceh's special government units. Essentially, the arrangement of placing the model of the source of the law of local wisdom exists to be enforced as a unity of law and facts cannot be separated. Consequently, law and implementation re-quire unity of will. Why does the Free Aceh Movement love the arrange ments and practices of the old constitution and tradition? Because the source of Islamic Shariah, the foundation of the Aceh community life is articulated in the modern perspective of democratic and responsible state government. Basic aspirations of the specificity of Acehnese religious community life not only in the field of custom, cultural, social and political, but provide legal certainty in all affairs. The main target responds to the failure of state challenges to uphold the law, democracy, freedom of human rights and justice. The study was limited to how their wishes to change the concept of legal arrangements and practices worked in the real world, linking the legal unity with the facts of society to the two sets of legal documents governing Aceh. The study used normative approach, legal history, and comparative law. Juridically, there are two main goals to be achieved from the implementation of the arrangements and practices in this study. First, it places the differences and equations of both models of the source of local wisdom law and the design of state law. Secondly, it turns out that the concept of Acehnese legal culture highly values pluralism.

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