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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 5 Documents
 1 
Search results for , issue "Vol 2, No 1: December 2019" : 5 Documents clear
E-Hailing Transportation and the Issue of Competition in Indonesia Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2116

Abstract

E-hailing transportation can be an alternative solution for both fulfilling the increasing demand for public transportation and reducing the number of vehicles on the road. As a populated country, Indonesia has benefited much from the emergence of e-hailing transportation. Unfortunately, despite positive impacts that have been enjoyed, numerous issues have arisen along with the growth of e-hailing transportation in the country. There are several indications that e-hailing companies have been involving in an unfair competition, including predatory pricing. This is done by offering very low fare of transportation services (commonly referred to as promotion fare) whose purpose is to eliminate their competitors. As such, the winner will be monopolizing the market and harming the ecosystem in it. The aims of this paper is to examine whether the Indonesian competition law can address the unfair business competition within e-hailing industry. It is found that e-hailing industry in Indonesia has been exposed to the practice of cash-burning by the business players. Competition law is needed to foster fair competition among the business players in e-hailing industry. Furthermore, the Government needs to formulate the good competition policy and ensure its enforcement.
Reviewing the Prosecution of Medical Practitioners in Common Law Countries: A Needed Step or a Flawed Approach? Wahab, Mohd. Iqbal Bin Abdul; Qazi Zada, Mohd Ziaolhaq
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2112

Abstract

The prosecution of medical practitioners for the medical gross negligence has dramatically increased in the past decades. This was in a bid to curb the high prevalence and occurrence medical malpractice by the medical community. However, there are no proper data to support that the prosecution had any significant impact in reduction of such occurrences. Many believe that the criminal prosecution for medical practitioners in the course of their duties is not a right approach to take on. This paper aims to examine the medical gross negligence that occurred by the medical practitioners by reference to the various different common law countries and decided cases. 
The Doctrine of Informed Consent and Duty of Disclosure: A Comparative Essay between the US, UK, Australia and Malaysia with Indonesia Badli Esham, Alyssa Dalila
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2113

Abstract

The study aims to compare and contrast the position of four countries (The US, UK, Australia, and Malaysia) regarding informed consent, particularly on the subject of disclosure of information with Indonesia. Other than that, the legal issues to be studied were the implications brought upon the healthcare and judicial system in the respective countries as well as the advantages and disadvantages of each test propounded. It was found that previously the welfare of the patient in regards to their right to receive information (especially risks) regarding their medical treatment was only up to the discretion of the medical practitioner and other members of the medical profession, which eliminates liability against a negligent doctor if it was found that other members of the medical community would have done the same as him. It was not until the case of Rogers v Whitaker that the spectrum widened and allowed the courts to determine that whatever that should be disclosed to the patient must be something that the patient attaches significant risk to, this is then named the “Prudent Patient Test”, used by most countries in this study. The study finds that as an implication, most countries have departed from the previous paternalistic approach by doctors and as an advantage, encouraged individualism and the reduction of the patients as passive recipients in their own health care. Since most of the comparative countries are similar in application, it was found that the medical law envisioned and enforced in the respective countries was quite different compared to the civil legal system in Indonesia. Other than that, as a country that is highly ingrained with Islamic values of life, the perspective of human rights and individualism in Indonesia is distinct with most of the other countries studied.
A Comparative Legal Studies of Abortion Policies in Indonesia, Malaysia and England Firzaa, Nur Ras
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2114

Abstract

This paper aims to address the issue of abortion from the perspective of Malaysian law, Indonesian law, English law and Islamic Jurisprudence. It will look into the three national laws to extricate ruling in regards to abortion and simultaneously making an effort to have knowledge on the ruling of abortion taking into consideration of Islamic Jurisprudence. This paper also critically discussed the law cases that had been decided by courts in each jurisdiction and made comparison to identify both the similarities and dissimilarities. The paper had reached some fundamental outcome which are: Malaysian law and Indonesian law impede abortion except in case of necessity and when there are reasonable justifications, however, English law provides that abortion can be done if the fetus is less than 24 weeks of pregnancy. In addition, the scholars are in consensus that abortion is prohibit when the fetus starts to breath.
The Prevention upon the Congenital Anomalies Effect: A Comparative Study between Indonesia, the United Kingdom and the United States Umar, Wahyudi; Salim, Andi Agus; Cahya Kusuma Putri, Desy Nur
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2115

Abstract

Birth defects or congenital anomalies affect an estimated 1 in 33 infants, resulting in 3.2 million children with disabilities relating to birth defects every year. In addition, 11.3% of 2.68 million infant mortality caused by birth defects. South-East Asia region has the second highest prevalence of birth defects in the world, 9% of under-five deaths and 12% of newborn deaths in South-East Asia Region were due to congenital anomalies in 2015. In response to this, some countries have established law to prevent children from congenital anomalies. In fact, genetic is not the single factor causing the congenital anomalies. In many cases they were also the result of wrongful conduct of persons. The United Kingdom, for example, had passed a law to deal with the issue of congenital anomalies since 1976. Considering the above-mentioned statistic of birth defects in South-East Asia region, Indonesia have to take an action to prevent or reduce their occurrence. The paper aims to explore the possible ways to prevent the congenital anomalies in Indonesia. It is found that the prevention of congenital anomalies can be made through legal instruments. Unfortunately, the existing law, including the Child Protection Act, do not cover such an issue. With regard to this, the reform upon the law relating to it is urgent. For this purpose, learning from other countries such as the United States and the United Kingdom seems to be necessary.

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