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WAHID FATHONI
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Faculty of Law Universitas Muhammadiyah Yogyakarta, 2nd Floor, Gedung Ki Bagus Hadikusumo E-5, Jalan Brawijaya, Tamantirto, Kasihan, Yogyakarta, Indonesia
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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 4, No 1 (2021)" : 5 Documents clear
Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia Hardyanthi, Try; Akbar, M. Fabian; Akbar Napitupulu, Ichwan Rizky; Nirwana, Nia Prilia; Yasmin, Shaffa Aulia
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.15072

Abstract

The case of sexual violence is increasing every year in Indonesia. The current prevailed penalties for perpetrators of sexual violence as stated in the Penal Code and the Child Protection Act are considered ineffective. The public then proposed that the perpetrators of sexual violence should be sentenced to death. The study aims to conduct a comparative study between Indonesia and Saudi Arabia in punishing sexual violence perpetrators. This study will look at how the death penalty is deemed appropriate to be applied for sexual offenders. It also explores the prevailed punishments by Saudi Arabian government for sexual violence cases. The study is normative research with employing comparative and statutory approaches. The study shows that sexual violence could be regarded as extraordinary crime as it meets particular conditions. Indonesia opens up the possibilities to punish the sexual offenders with the death penalty. However, Saudi Arabia on the other hand did not impose death penalty for sexual violence perpetrators but rather have a public humiliation as an alternative.
Problems and Dilemmas: ASEAN Commitments in Disaster Management Arumbinang, Mohammad Hazyar
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.13219

Abstract

This research aims to elaborate the problems and dilemmas of disaster management and emergency response of ASEAN. This paper has adopted normative qualitative legal research with statutory approaches. The data will be analysed by using descriptive-analytical analysis. The research found that there are some major problems that faced by ASEAN members in working collectively on the disaster management and emergency response, such as non-intervention principles and sovereignty principles. The Southeast Asian region is remarkably vulnerable to natural and man-made disasters which repeatedly cause devastations to both human lives and properties. The experience has shown that local government and holders with their capacity have proved their ability to handle small and medium scale emergency response, but for some circumstance the host state sometimes cannot deal with this issue. Due to that issue Association of Southeast Asian Nations (ASEAN) as the regional organization in Southeast Asia playing an importance role to building a well-prepared disaster management through join collaboration among ASEAN member by reason of humanity.
Copyright Protection for Creators of Digital Artwork Deniesa, Salsabilla; Putri, Dela Rinanda; Amrullah, Arqam; Farid, AdrianaMaisarah binti Mohd; Hassan, Nor Audra Diana binti Md
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.15106

Abstract

The development of digital technology can be a double-edged knife for the creative industry. It is undeniable that the ease of obtaining anything from internet can lead to a new problem, one of which is copyright infringement. Copyright of digital artworks should be protected since without which it will harm the rights of art workers who upload their works in the internet. The purpose of this research is to discuss and understand the copyright protection for digital artworks as well as some legal remedies that can be taken against infringement of the exclusive rights of the creators. This normative legal research employs statutory and comparative approach. The study shows that although legal protection for digital artworks has been governed under the Copyright Act 2014 (Law Number 28 of 2014 on Copyright), however its implementation but is still lacking and therefore improvement is necessary. In addition, the awareness of art workers about their rights should also be encouraged.
Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis AWJ, Fransiskus
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.12073

Abstract

This article discusses several procedural problems in Indonesia’s rules on ratifying treaties. These problems stem from gaps in the existing laws as well as conflict between the general law on ratification and the more specific law that regulates ratification of trade treaties. The problems involve timing and inconsistency within the practice of treaty-ratification and its product. The issue of timing concerns the time that it takes to ratify a treaty. The issue of practice concerns inconsistency within the treaty-ratification practice because of a lack of procedures and the strange existence of procedures for specific treaties without the existence of general ones. The issue of product concerns an inconsistency within the result of ratifying a treaty. The problems are analyzed by observing the laws and practices of treaty-ratification of other states.
Urgency of Indonesia to Establish a Comprehensive COVID-19 Pandemic Law: Lesson Learned from Singapore Fauziah, Mastin Annisa Nur
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.12999

Abstract

Indonesia, during the second wave of COVID-19 has become one of the country that was deemed to have had the highest COVID-19 cases and death rate similar to India, Iran, and Italy in 2020. Despite the low number of cases Indonesia currently have, the dismissive approach of the Indonesian government and the late response towards COVID-19 on the early days was some of the root of the issues. This tragedy could have been avoided if the Indonesian government act in a serious and efficient manner. This study seeks to create a solution or as a mirror for the Indonesian government in creating a comprehensive pandemic laws. Singapore, arguably have been successfully implementing the “living with COVID-19” Indonesia wished to achieve in mid-2020 during the “new normal” attempt. This study concludes that Indonesia could attain that standard under the condition that Indonesia have a strategic plan such as implemented by Singapore at the moment through gradual exit strategy and high vaccination rates. In preparing for the third wave, Indonesia could also mirror the pandemic laws application in Singapore in the early days where lockdown was stricter and penalty was not lax. This study hopes that if in the worst scenario Indonesia is attacked by third wave of COVID-19 cases, Indonesia will be ready to tackle such challenges by learning some measures implemented by the Singapore government.

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