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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 5 Documents
 1 
Search results for , issue "Vol 3, No 2 (2021)" : 5 Documents clear
Establishment of Omnibus Law in Solving Investment Issues in Indonesia Putro, Tri Anggoro
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.12738

Abstract

This study aimed to better understand the concept of Omnibus Law in the legislation and evaluate its use in responding to investment needs in Indonesia. The method in this research was normative legal research with secondary data through data analysis. This study showed that the Omnibus Law was not an appropriate approach to the formation of legislation in responding to investment needs in Indonesia. Based on the existing data, the investment climate in Indonesia is quite high and running well and even in a better situation when compared to other Asian countries. The Omnibus Law on Job Creation will raise a new problem instead, such as the absence of legal certainty for investment and the priority of the investment types. From the aspect of industrial relations, the Omnibus Law will result in disharmony in industrial relations between employers and workers, and it even potentially reduces guarantees for workers' human rights. Ironically, the fulfillment of workers' human rights has become an important benchmark for investors in developed countries to invest in developing countries, such as Indonesia. Therefore, the Indonesian government should strengthen the Corruption Eradication Commission and ensure a better investment climate by guaranteeing human rights to all workers and by reducing the ratio between investments (ICOR).
The Legal Status of Azov Sea and the Kerch Strait: Ukraine v. Russia Astutik, Zulfiani Ayu; Özaltın, Mert Ahmet
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.11576

Abstract

The Black Sea has been the scene of conflict between coastal states throughout history. Recently, emerging Russia-Ukraine tension continues. The Russian Federal Security Service ("FSB") destroyed and captured three Ukrainian Military Ships and detained 24 of its personnel on November 23, 2018. As the dispute continued, Ukraine finally raised the matter to the International Tribunals on Law of The Sea ("ITLOS"). This tension, which reaches a hot conflict point from time to time, causes legal changes in the Black Sea eventually. This article discusses the current legal status of Crimea, the Sea of Azov, and the Kerch Strait and aims to explain from the perspective of Russia, Ukraine, and Turkey. The study shows how the conflict environment in the region has a changing effect on the existing maritime borders and whether Russia’s act is a part of violation of the UNCLOS and International Law.
CONSTITUTIONAL OBLIGATIONS OF INDONESIAN GOVERNMENT DURING COVID-19 PANDEMIC: A CRITICAL APPRAISAL Refisyanti, Sonya Whisler
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.11768

Abstract

The research aims to evaluate the Indonesian government’s constitutional obligations and responses to protect citizens from coronavirus. The research is normative legal research using a statute, case, and comparative approach. The research findings reveal that first, the 1945 Constitution and Indonesian Human Rights Act state that the government has a responsibility to protect citizens’ human rights. Also, Health Quarantine Act, Health Act, Disaster Management Act, and Outbreaks of Infectious Diseases Act mention that the government has responsibility for any health efforts carried out during the Covid-19 Pandemic. Second, the government’s policies, such as arranging the Covid-19 Task Force and performing Large-Scale Social Restrictions, were late, and lack of coordination between central and local governments. Third, the government’s obstacles in handling the Covid-19 Pandemic are the policy not implemented effectively and adequately, ignorance and slow responses from the beginning, and low level of community awareness and individual discipline. The research recommends that, in the future, the government shall immediately take some prevention efforts and implement a strict lockdown policy for regions that have reached a particular infection level. The community also has to build their awareness and discipline to help the government deal with the COVID-19. Therefore, the spread of COVID-19 can be appropriately anticipated and controlled.
Adjudicating Separation of Powers: Lessons From The European Court of Human Rights for A Future Asian Human Rights Mechanism? Lee, Seokmin
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.12037

Abstract

Efforts to build a regional human rights mechanism in Asia are being renewed. Separation of powers adjudication will be inevitable if the right of access to court is included in the new mechanism. This is significant since the potential for separation of powers cases involving human rights issues in Asia is high. An Asian human rights mechanism must take this possibility into account, since adjudicating on such issues may severely impact its stability and long-term viability. A mechanism based on existing regional systems such as the ECHR can seek to minimize these risks via institutional solutions. On the other hand, an Asian mechanism can side-step these issues in the short term by focusing on a narrow set of rights, which minimize the potential for raising issues of separation of powers. In the long term, however, a complete charter of fundamental rights cannot ignore separation of powers issues being linked with human rights. The aim of this paper is to highlight both the inevitability and risks of adjudicating cases involving a nexus between separation of powers and human rights by a regional human rights court.
The Price of Animal’s Soul: Late-Stage Capitalism, Animal Welfare and the Law Yogar, Hanna Nur Afifah
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.11939

Abstract

The current epoch of capitalism creates more distinct issues, and one of its conflicts is the class struggle of animal workers. This paper will begin by inquiring how much is the price of an animal's soul?—and further, it will situate the Indonesian laws in the effort to accommodate the animal's protection and their welfare. The features of late-stage capitalism indicate the conflict of class struggle for animal workers. The assessment is more than an economic perspective, but human and non-human animal intra-action nexus, legal standpoint, and socio-cultural point of views. This analysis will refer to late-stage capitalism theory, Indonesian laws and other related regulations concerning animal protection, and comparative cases of animal welfare cases in Indonesia and Thailand. This paper is expected to provide an overview of the role of law in providing an understanding of animals as sentient beings rather than property. 

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