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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 6, No 2 (2024)" : 5 Documents clear
The Fall of Afghanistan: Can the Refugee Protection Regime Handle the New Refugee Wave? Qazi Zada, Sebghatullah; Nasrullah, Nasrullah; Irrynta, Dwilani; Qazi Zada, Mohd Ziaolhaq
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.22369

Abstract

The Taliban takeover of Afghanistan on August 15, 2021, triggered a significant refugee crisis. By mid-2022, 2.8 million Afghan refugees were registered internationally, primarily in Pakistan and Iran, and by 2023, 4.3 million Afghans were internally displaced. Many at-risk Afghans were left behind as US-led forces withdrew. Despite resettlement efforts, many threatened by the Taliban remain excluded, as the Taliban targets former military, NGO workers, and Afghan government officials. Daily migration to Iran and Pakistan surged, with many seeking refuge through Iran to Turkey and Europe. This paper examines whether the current refugee protection mechanism can manage this influx. Using a normative legal research method, it analyzes secondary data from books, journals, reports, and documents, providing historical context on Afghan politics and displacement. It critically evaluates the international refugee protection regime, identifying gaps and shortcomings, particularly the lack of a binding responsibility-sharing mechanism. This has resulted in poorer nations hosting a disproportionate number of refugees, necessitating a commitment from the international community to address this inequity. The paper concludes with policy recommendations to improve the global response to the Afghan refugee crisis, emphasizing the need for equitable responsibility-sharing to enhance protection for Afghan refugees.
Untangling the Tangle of Revenge Porn in the United States: A Comparative Study Fernando, Zico Junius; Pase, Ana Tasia
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.21064

Abstract

This research examines the phenomenon of revenge porn in the legal context of the United States and identifies important lessons for Indonesia. Using a multifaceted approach, this research explores legal definitions, sentencing, and protections for victims in various US states, as well as exploring the psychosocial impact of revenge porn on victims. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, and futuristic approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The study found that there is significant variation in laws and approaches to handling revenge porn among states, reflecting differences in social values and legal priorities. For example, states such as California, New York, and Texas feature different definitions and penalties, as well as varying levels of protection for victims. Indonesia can draw valuable lessons from formulating its own legal strategy for this phenomenon. This research suggests the importance of specific legislation that clearly defines revenge porn, a flexible sentencing system that considers the context of individual cases, and strong psychosocial support for victims
Integrating Traditional Medicine into the Healthcare System in Ethiopia: Promoting Research and Avoiding Misappropriation Degu, Temesgen Abebe
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.21454

Abstract

Traditional medicine is a form of medicine that has been widely used in Ethiopia for thousands of years.  However, it is still practiced in the absence of formal healthcare. The current approach to the protection of traditional medicinal resources in Ethiopia is based on multiple fragmented legislations and neglects one of these problems. The main objective of this paper is to discuss the need for integrating traditional medicine into national healthcare system and protecting of traditional medicinal resources in Euthopia. This normative legal research employs statutory approach. It is found that Ethiopia has put in place a legal framework for the protection of its traditional medicinal resources, but the role of traditional medicine in healthcare is not clearly defined. Many medicinal plants are, consequently, at risk of extinction and biopiracy.  Ay policy option that seeks to protect traditional medicinal resources must have in mind these three problems together, i.e loss of traditional knowledge, loss of medicinal plants, and potential misappropriation. Integrating traditional medicine into the modern health care system requires careful consideration of conservation, protection, and development of traditional practices.
Comparative Legal Analysis of Beauty Clinic Services between Indonesian Law and Islamic Law Sari, Siska Diana
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.21856

Abstract

In line with the evolving needs of consumers who strive to improve their facial and physical appearances, beauty clinics frequently introduce new services supported with new technological devices. Some forms of esthetical treatment introduced in the market have risen controversy in terms of their legality. This article aims at  exploring the legality of esthetic treatment provided by beauty clinics from  the perspective of Indonesian law and Islamic law. This normative legal research employs comparative approach. Comparison is made between Indonesian law and Islamic Law. It is found that Islamic law has different approach in addressing the issue of the legality of esthetic treatment provided by beauty clinics as compared to Indonesian law.  While the Indonesian law tends to liberate various kinds of esthetic treatment, Islamic law gives a restriction. By virtue of the principle of freedom of contract as intended in Article 1338 of the Indonesian Civil Code, any esthetic treatment can be carried out when it is made based on a valid contract between the contracting parties. On the other side, Islamic Law prohibits particular esthetic treatment especially when it falls under the category of “changing what Allah has created.”
Strengthening ADR System in Indonesia: Learning from ADR Practices in Hungary Saputra, Beny
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.21984

Abstract

Integrating Alternative Dispute Resolution (ADR) into legal systems is essential for improving access to justice, decreasing litigation expenses, and promoting enforced outcomes. This article examines the ADR practices in Hungary, a country that has successfully integrated ADR into its legal system, to gain significant insights for Indonesia, as both countries share the same sociocultural practices for communal dispute resolution. This normative legal research examines Hungary's extensive legal framework, the roles of institutional support structures, and the enforcement of ADR awards. The study employs comparative analysis that systematically evaluates pertinent legal documents, institutional reports, and scholarly literature from Hungary and Indonesia. The study found fundamental factors that contribute to the effectiveness of alternative dispute resolution (ADR) in Hungary including the existence of a clearly established legislative framework, sufficient institutional infrastructure, and effective regulation to enforce ADR decisions. Indonesia can adopt these techniques to improve its Alternative Dispute Resolution (ADR) system, resulting in more streamlined, cost-efficient, and fair processes for resolving disputes and to establish a more unified and efficient ADR system.

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