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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 2 (2022)" : 5 Documents clear
The Handling of Armed Criminal Groups in Papua: Ended with Secession? Rinasti, Avi Lupi; Alfarizi, Mohammad Hanaan; Noveliani, Regita Ryan; Farhansyah, Bagaskara Yonar; Astutik, Zulfiani Ayu
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15122

Abstract

The Papuan Armed Criminal Group (KKB) has been a hereditary problem for the Indonesian government. Their demand to secede from the Republic of Indonesia was the main reason why this group was formed. Because the Government has not responded to the demands of the KKB, it led this group to carry out acts of terror against the society in Papua. One of the cases that have recently attracted media attention is the KKB’s attack that killed several workers in Beoga, Puncak district, Papua. The study aims to analyze and evaluate the settlement of terrorism cases carried out by KKB. This normative legal research relied on secondary data. The results of the study indicate that in international law, the context of referendum exists only in the context of decolonization and non-self-governing territory. The government's move by considering the KKB as a separatist terrorist group and not accepting KKB's demands for a referendum or mediation is one of the right steps. Acts of terrorism cannot be tolerated even though they are related to human rights because it is regulated in legislation
Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges Asuhaimi, Farhanin Abdullah; Ghadas, Zuhairah Ariff Abd; Nawang, Nazli Ismail
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15858

Abstract

Nowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs to provide good information on the product to gain consumers' confidence in entering into any online transactions. This paper highlights the principles of sale of merchantable quality goods in the Malaysia Sale of Goods Act 1957(SOGA) and the consequences of the breach based on a systematic literature review. This paper also investigates the application of the sale of merchantable quality goods in online platforms using the method of content analysis. This research revealed that Lazada and Shopee, as Malaysia's most clicked e-commerce platforms, successfully protect their ranking by providing a perfect practice in ensuring the goods sold comply with the merchantable quality as in SOGA. However, as consumers must be aware of the underlying principle of caveat emptor thus, this paper concludes with some tips for buying online and the suggestion for the online platform to ensure the practice is in line with the current law in Malaysia.
Religious Courts in Indonesia and Malaysia: History, Structure, and Jurisdiction Azzahra, Raihan; Shuaib, Farid Sufian
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15911

Abstract

As Muslim-majority countries, Religious Court plays an important role in resolving disputes among Muslims both in Indonesia and Malaysia. This doctrinal legal study employs comparative approach. Comparison is made between the Indonesian Religious Court and the Malaysian Religious Court, particularly in terms of history, structure, and jurisdiction. The result of this study shows that there are some commonalities and differences. Regarding the commonalities, Religious Courts from both countries have a long evolution in three various periods of history, both countries' Religious Courts are mostly organized into three levels, and they both share the same jurisdiction of the courts that only Muslims are subjected to their jurisdictions. For the differences, the history of Religious Courts in Indonesia and Malaysia were influenced by different colonials, all Religious Courts in Indonesia have an integrated and hierarchical structure, while in Malaysia, the structure is separated from one state to another, and the jurisdiction indicates that Indonesia has law uniformity, whereas Malaysia is not uniform in all states
Cooperatives as Entities Influencing the Sustainable Development of Rural Areas in European Union Suchoń, Aneta
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15913

Abstract

The aim of the article was, first of all, to determine whether and to what extent legal regulations favour cooperatives and influence the development of rural areas in Poland and selected countries of Western Europe. Secondly, it attempts to indicate the possible directions for the development of cooperatives in rural areas in light of the new rules of the Common Agricultural Policy after 2022 and the European Green Deal. The basic research method involved the dogmatic analysis of normative texts, which is a characteristic feature of a lawyer’s work. At the beginning of the article selected issues related to cooperatives in the European Union and EU rural development principles were presented, then regulations concerning the establishment and operation of cooperatives in Poland, Germany, France and Italy. The next part of the article refers to the new EU regulation of December 2021, which will enter into force on 1 January 2023; and indicate regulations that will be of benefit to cooperatives and that will particularly contribute to the development of rural areas. The issue of the European Green Deal and its impact on association in the form of cooperatives was also discussed.
Malaysian and Indonesian Law and Policy on Rohingya Refugees: A Comparative Review Siti Munirah Yusoff; Mohd Afandi Salleh; Md Mahbubul Haque
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15819

Abstract

Majority of ASEAN member countries consider themselves to be non-immigrant countries. As a result, the majority of ASEAN countries are not perfect locations for immigrants to settle. However, all states are bound by the non-refoulment principle laid down under Customary International Law in which, the states are prohibited to return the refugee to their original country where there was danger known around them. Hence, in the absence of a formal mechanism produce by the ASEAN region for the protection of refugees, Malaysia and Indonesia perform their efforts and experiences in terms of handling refugees. The paper explains the comparison of how the policy and law on refugees within Malaysia and Indonesia by referring to the case study on the Rohingya people crisis and also the Vietnamese boat people. The qualitative method has been chosen to explain the literature of the paper. This paper also discusses on how both countries respond to the right of a refugee within their sovereignty since they are non-signatory states to the 1951 Refugee Convention. As a result, the paper intends to elaborate on to what extent the laws and policies apply to the refugee according to the Malaysia and Indonesia experiences.

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