cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
WAHID FATHONI
Contact Email
wafathoni@gmail.com
Phone
-
Journal Mail Official
iclr@umy.ac.id
Editorial Address
Faculty of Law Universitas Muhammadiyah Yogyakarta, 2nd Floor, Gedung Ki Bagus Hadikusumo E-5, Jalan Brawijaya, Tamantirto, Kasihan, Yogyakarta, Indonesia
Location
Kab. bantul,
Daerah istimewa yogyakarta
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 5, No 1 (2022)" : 5 Documents clear
Possibility to adopt LRTAP against Transboundary Haze Pollution: What Should ASEAN Look For? Umar, Wahyudi; Kurrahman, Taufik
Indonesian Comparative Law Review Vol 5, No 1 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i1.16787

Abstract

Transboundary pollution is part of air pollution originating from other countries has an impact on areas that are under the jurisdiction of other countries, The seasonal haze affected the health quality of ASEAN, it is evident that every time a forest fire occurs, the population with respiratory problems increases, including psychological stress. The objective of this paper is to investigate the problems and challenges that ATHP faces. It elaborates on the factors that contributed to LRTAP's relative success. It also analyzes and describes the measures taken in relation to the ATHP and compares its efficacy to LRTAP.  The study used empirical-normative research method sourcing from literatures and journals.  The study shows that ASEAN formed the Agreement on Transboundary Haze Pollution (ATHP) which has the aim of being a body that works to reduce and suppress air pollution in the ASEAN region, framed within the 1979 Convention on Long-Range Transboundary Air Pollution (LRTAP). In comparison to LRTAP, the aforementioned can be offered as a means of recommendation for the success of the AATHP. It is measurable that the importance placed on contribution, cooperation, scrutiny, democracy, and transparency in the agreement was a contributing factor in LRTAP's success.
Crude Palm Oil Corruption: A Discourse on the Imposition of Capital Punishment Camila, Dwi; Syamsu, Andi Pramudya; Firdaus, Ayi Dudi; Norzulaika, Siti; Binti Sulaiman, Wan Nurainun Najwa
Indonesian Comparative Law Review Vol 5, No 1 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i1.15112

Abstract

The study aims to discuss on the corruption of Crude Palm Oil (CPO) export cases that have led to the scarcity of cooking oil at affordable prices in Indonesia. It is harmful for the public as the Crude Palm Oil (CPO) has been exported without a permit and does not meet the requirements of Domestic Market Obligation (DMO) and Domestic Price Obligation (DPO). The study is a normative legal research employing descriptive-qualitative upon data collected through a library study. The study shows that the case of crude palm oil (CPO) export corruption made the supply of cooking oil disrupted that led to economic and political instability. In response to this, the government conducted an investigation and found  several suspects of  corruption cases. While the legal process running, the discourse on the application of death penalty arose within the society. It was so because this corruption occurred during the pandemic. However, the use of the capital punishment in cases of corruption is restricted because it can only be used in specified circumstances, especially when the funds are intended for dealing with dangerous situations, national natural disasters, social unrest, economic and monetary problems, and corruption repetition.
A Comparison of Judicial Review in Indonesian Constitutional Court and French Constitutional Council Samsudin, Muhammad Iqbal
Indonesian Comparative Law Review Vol 5, No 1 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i1.15127

Abstract

One of the advances in contemporary legal and governmental ideas to arise in the 20th century was the notion of establishing a Constitutional Court. A constitutional court is a high court that focuses on constitutional law issues. Its primary authority is to rule on whether laws that are reviewed are in fact in line with constitution or not. The purpose of this study is to compare the judicial review functions and institutional aspect of the Indonesian Constitutional Court with the French Constitutional Council. It explains the distinctions and similarities between the roles of the Indonesian Constitutional Court and the French Constitutional Council as judicial entities allowed to conduct judicial reviews of statutes in accordance with the constitution. The research method employed is library research, while the research approach is a statutory approach and a comparative approach. The study shows that the Constitutional Courts in France and Indonesia have certain similarities and differences that come from the issue of court’s authority, nature of decision, complainant party, and qualification and composition of justices.
Pincer Maneuver: Legality of China’s Economic Measures towards India Gemilang, Adinda Balqis Tegarmas
Indonesian Comparative Law Review Vol 5, No 1 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i1.17157

Abstract

China today has an enormously massive and diverse industrial sector which cemented its role as the world’s factory. This status is mainly borne from cheap, plentiful and capable workforce that given by the size of its population. Increasingly belligerent stances taken by the Chinese Communist Party (CCP) in combination with myriad of other factors have led industries to slowly move their production elsewhere. The alternative, in form of China’s nemesis, India which has started to woo manufacturer to  do business with them as a more competitive and open market in combination with the abundance of cheap and capable workforce. China in realizing this move are now exposed to the existential problem of power. With the wealth accumulated, China has started curbing the effect of the relocation of its manufacturing sectors to India. Initiatives and program that they create have strangely unaffected India in its efforts to enter into the global manufacturing and distribution system. The paper aims at answering the question on the legality of China’s economic measures toward India from the perspective of the existing international law. This normative legal research relies on primary and secondary sources. The study found that the mentioned economic measures are in line with the applicable international law.
Theft under Islamic and Indonesian Criminal Law Astutik, Zulfiani Ayu; Wibowo, Muhammad Rafif; Mulloh, Ahmad Fahmi Ilham; Diva, Adilla Putri
Indonesian Comparative Law Review Vol 5, No 1 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i1.15124

Abstract

Theft  violates both  legal and religious norms  and it is a crime  under Islamic and Indonesian Criminal Law .  The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime  but also  preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol. 7 No. 2 (2025) Vol. 7 No. 1 (2024) Vol. 6 No. 2 (2024) Vol 6, No 2 (2024) Vol 6, No 1 (2023) Vol 5, No 2 (2023) Vol 5, No 1 (2022) Vol 4, No 2 (2022) Vol 4, No 1 (2021) Vol 3, No 2: June 2021 Vol 3, No 2 (2021) Vol 3, No 1: December 2020 Vol 3, No 1 (2020) Vol 2, No 2 (2020) Vol 2, No 2: June 2020 Vol 2, No 1: December 2019 Vol 2, No 1 (2019) Vol 1, No 2 (2019) Vol 1, No 2: June 2019 Vol 1, No 1 (2018) Vol 1, No 1: December 2018 More Issue