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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 96 Documents
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Complaint Handling Systems In The Public Sector: A Comparative Analysis Between Indonesia and Australia Harijanti, Susi Dwi
Indonesian Comparative Law Review Vol 3, No 1: December 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i1.11454

Abstract

This article deals primarily with complaint handling system with reference to an ombudsman that established by the government as opposed to the private ombudsman variety in Indonesia and Australia’s jurisdictions. In practice, group of people or persons have often arisen complaints or grievances in public service, and it requires solutions. It is widely known that the Ombudsman office has long been regarded as an effective office in resolving people complaint. This is mainly because the nature of the Ombudsman as an independent and impartial institution. This article argues that regardless of the different context of introduction of an ombudsman in Indonesia and Australia because of different political and social context, however, the performance of ombudsman in both countries has showed significant role in enhancing public services through their expanded mandates and stronger powers.
Human Rights Court and Truth Reconciliation Commission for the Settlement of Human Rights in Indonesia Junaedi, Junaedi
Indonesian Comparative Law Review Vol 1, No 1: December 2018
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1104

Abstract

The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case.  The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.
The Implementation of the Patient’s Privacy Regulations in The People’s Republic of China Ghozali, Falah Al; Hardyanthi, Try; Fadhilah, Sarah
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2218

Abstract

The right to privacy, especially with regard to personal health condition, seems to be an issue in China. Illegal access to personal information and illegal disclosure of personal information to others constitute the infringement of the Personal Privacy Act. Although the privacy right has been governed under the Constitution since the 1980’s, however, its implementation has not yet been satisfactory due to some reasons. This paper aims to describe the implementation of the patient’s privacy regulations in the People’s Republic of China. This normative legal research employing a descriptive-qualitative method. The study shows that the right to privacy for the patients in China needs to get more attention from government, medical personnel and ruling groups.
The Doctrine of Informed Consent and Duty of Disclosure: A Comparative Essay between the US, UK, Australia and Malaysia with Indonesia Badli Esham, Alyssa Dalila
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2113

Abstract

The study aims to compare and contrast the position of four countries (The US, UK, Australia, and Malaysia) regarding informed consent, particularly on the subject of disclosure of information with Indonesia. Other than that, the legal issues to be studied were the implications brought upon the healthcare and judicial system in the respective countries as well as the advantages and disadvantages of each test propounded. It was found that previously the welfare of the patient in regards to their right to receive information (especially risks) regarding their medical treatment was only up to the discretion of the medical practitioner and other members of the medical profession, which eliminates liability against a negligent doctor if it was found that other members of the medical community would have done the same as him. It was not until the case of Rogers v Whitaker that the spectrum widened and allowed the courts to determine that whatever that should be disclosed to the patient must be something that the patient attaches significant risk to, this is then named the “Prudent Patient Test”, used by most countries in this study. The study finds that as an implication, most countries have departed from the previous paternalistic approach by doctors and as an advantage, encouraged individualism and the reduction of the patients as passive recipients in their own health care. Since most of the comparative countries are similar in application, it was found that the medical law envisioned and enforced in the respective countries was quite different compared to the civil legal system in Indonesia. Other than that, as a country that is highly ingrained with Islamic values of life, the perspective of human rights and individualism in Indonesia is distinct with most of the other countries studied.
The Salad Days of the EU Digital Service Tax Nugroho, Adrianto Dwi
Indonesian Comparative Law Review Vol 1, No 2: June 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1208

Abstract

Responding to a series of aggressive tax planning allegedly committed by multinational corporations running their businesses on digital platforms, states have drafted laws that would enable them to impose additional taxes on such corporations. In the EU, the proposal for a Council Directive on the Digital Services Tax (DST) projects for a 3% tax chargeable on the revenues generated by corporations surpassing a certain threshold of global and EU yearly revenues. The initial plan is to tax these corporations with respect to their online placement of advertising, enabling of online marketplaces, and sales of collected user data. While the EU organs are still undergoing the due legislative processes on the proposal, two flaws of the DST may be argued, namely that it conflates features of direct taxes (i.e. income tax) with that of indirect taxes (i.e. value added tax); and that it embeds covert discriminatory measures against certain multinational corporations. The maturation of the DST depends on the formulation of sound legal principles and ingenious concept which would hallmark a DST regime from the corporate income tax one.
Comparative Study on Criminal Provisions on Regional Regulations Concerning Exclusive Breastfeeding Windayani, Tisa
Indonesian Comparative Law Review Vol 1, No 1: December 2018
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1103

Abstract

Infant’s right on exclusive breastfeeding has been protected on Law No. 36/2009 on Health. One of the measurements in its protection is by using criminal provision. It is stated in Art. 200 and 201, each of which has criminal sanction to those obstructing the exclusive breastfeeding program. As an effort to implement this national policy, quite a numerous of provinces or even lower administrative regions had issued regulations concerning the same matter. Some of them have criminal provision as well, as can be seen in City Regulation of Cirebon No. 4/2016 on Early Initiation and Exclusive Breastfeeding and also in the City Regulation of Semarang No. 5/2014 on Early Initiation and Exclusive Breastfeeding. This paper will assess specifically the criminal provisions on those regional laws in a comparative perspective. The selection of the two laws is based on the preliminary study which found a quite unique form of criminal provisions on each laws. The analysis is also be based on art 200 and 201 Law No. 36/2009 and its derivative regulations as a normative measurement in national level, with which the two regional laws must be in line to. This research found that there are quite a significance differences between the two laws especially regarding the form of action that is criminally regulated. Variation also found on how the two laws fulfil what is demanded by the national criminal policy.
Optimizing Personal Data Protection in Indonesia: Lesson Learned from China, South Korea, and Singapore Setiawati, Diana; Hakim, Hary Abdul; Hasby Yoga, Fahmi Adam
Indonesian Comparative Law Review Vol 2, No 2: June 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2219

Abstract

Industrial revolution 4.0 offers both opportunities and challenges to all countries, including Indonesia. Personal data protection is necessary to encourage digital innovation. The existing regulation relating to personal data in Indonesia does not give sufficient protection especially with regard to the use of artificial intelligence and therefore is inadequate to encourage digital economic development. This paper aims to explore the importance of strong data protection regulation in Indonesia. This normative legal research employs comparative approach. Comparative study was made upon the development of personal data protection regulation in China, South Korea and Singapore. The study shows that these countries provide good lesson for Indonesia to learn in developing personal data protection regulation.
A Comparative Legal Studies of Abortion Policies in Indonesia, Malaysia and England Firzaa, Nur Ras
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2114

Abstract

This paper aims to address the issue of abortion from the perspective of Malaysian law, Indonesian law, English law and Islamic Jurisprudence. It will look into the three national laws to extricate ruling in regards to abortion and simultaneously making an effort to have knowledge on the ruling of abortion taking into consideration of Islamic Jurisprudence. This paper also critically discussed the law cases that had been decided by courts in each jurisdiction and made comparison to identify both the similarities and dissimilarities. The paper had reached some fundamental outcome which are: Malaysian law and Indonesian law impede abortion except in case of necessity and when there are reasonable justifications, however, English law provides that abortion can be done if the fetus is less than 24 weeks of pregnancy. In addition, the scholars are in consensus that abortion is prohibit when the fetus starts to breath.
Facing the Industrial Revolution 4.0: Taiwanese and Indonesian Perspective Hardyanthi, Try; Al Ghozali, Falah; Wahyu, Muhammad Arizka
Indonesian Comparative Law Review Vol 1, No 2: June 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1209

Abstract

Industrial Revolution 4.0 offers both challenges and opportunities for all countries. Every country has to adopt best strategies to deal with its dynamic and complexity. This paper aims at discussing the legal policies adopted by Indonesia and Taiwan to face this industrial revolution. This research employs a descriptive- qualitative method with comparative approach. It is found that Industrial Rrevolution 4.0, also known as the intelligent industry, seeks to transform a company into an intelligent organization to achieve the best business results. Indonesia officially launched the road-map called “Making Indonesia 4.0” in 2018. In the same year, Indonesia has started to set up the main plain of the program for five focuses sectors ex: food and drink, textile and clothing, automotive, chemist and electronic, and additional ten cross priority sectors. While Taiwan proposed its own version of Industry 4.0 called “Productivity 4.0” in 2014. This includes the use of large quantity of robots and production lines, the automation of manufacturing procedures, the introduction of Industry 4.0 and Internet of Things (IoT) technology, and cloud computing for immediate data processing. It makes Industry 4.0 as the national policy for industrial transformation.
Arbitration Agreement in Taiwan Arbitration Regulations in a Comparative Perspective Wan, Ju-Yeh
Indonesian Comparative Law Review Vol 1, No 1: December 2018
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1102

Abstract

As far as arbitration agreement is concerned, it is suggested that the Taiwan Arbitration Act1 (as last amended on 2 December 2015, formerly named the Commercial Arbitration Act, came into force on 24 December 1998, after the reform of the arbitration law in Taiwan.) is trying to meet the needs of further development of Taiwanese arbitration, particularly international commercial arbitration. Article 1, Article 2 and Article 3 of the Taiwan Arbitration Act set out some criterion on adjudicating the validity of an arbitration agreement. This thesis try to make a comparative study of the Taiwanese arbitration system with other arbitration systems from arbitration agreement perspectives and hope possibly to improve Taiwan Arbitration Law. Proceeding an arbitration should be based on a valid agreement to arbitrate. This comparative study focuses on the issue relating to arbitration agreement.

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