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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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CONSTITUTIONAL OBLIGATIONS OF INDONESIAN GOVERNMENT DURING COVID-19 PANDEMIC: A CRITICAL APPRAISAL Refisyanti, Sonya Whisler
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.11768

Abstract

The research aims to evaluate the Indonesian government’s constitutional obligations and responses to protect citizens from coronavirus. The research is normative legal research using a statute, case, and comparative approach. The research findings reveal that first, the 1945 Constitution and Indonesian Human Rights Act state that the government has a responsibility to protect citizens’ human rights. Also, Health Quarantine Act, Health Act, Disaster Management Act, and Outbreaks of Infectious Diseases Act mention that the government has responsibility for any health efforts carried out during the Covid-19 Pandemic. Second, the government’s policies, such as arranging the Covid-19 Task Force and performing Large-Scale Social Restrictions, were late, and lack of coordination between central and local governments. Third, the government’s obstacles in handling the Covid-19 Pandemic are the policy not implemented effectively and adequately, ignorance and slow responses from the beginning, and low level of community awareness and individual discipline. The research recommends that, in the future, the government shall immediately take some prevention efforts and implement a strict lockdown policy for regions that have reached a particular infection level. The community also has to build their awareness and discipline to help the government deal with the COVID-19. Therefore, the spread of COVID-19 can be appropriately anticipated and controlled.
The Prevention upon the Congenital Anomalies Effect: A Comparative Study between Indonesia, the United Kingdom and the United States Umar, Wahyudi; Salim, Andi Agus; Cahya Kusuma Putri, Desy Nur
Indonesian Comparative Law Review Vol 2, No 1 (2019)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2115

Abstract

Birth defects or congenital anomalies affect an estimated 1 in 33 infants, resulting in 3.2 million children with disabilities relating to birth defects every year. In addition, 11.3% of 2.68 million infant mortality caused by birth defects. South-East Asia region has the second highest prevalence of birth defects in the world, 9% of under-five deaths and 12% of newborn deaths in South-East Asia Region were due to congenital anomalies in 2015. In response to this, some countries have established law to prevent children from congenital anomalies. In fact, genetic is not the single factor causing the congenital anomalies. In many cases they were also the result of wrongful conduct of persons. The United Kingdom, for example, had passed a law to deal with the issue of congenital anomalies since 1976. Considering the above-mentioned statistic of birth defects in South-East Asia region, Indonesia have to take an action to prevent or reduce their occurrence. The paper aims to explore the possible ways to prevent the congenital anomalies in Indonesia. It is found that the prevention of congenital anomalies can be made through legal instruments. Unfortunately, the existing law, including the Child Protection Act, do not cover such an issue. With regard to this, the reform upon the law relating to it is urgent. For this purpose, learning from other countries such as the United States and the United Kingdom seems to be necessary.
Consolidating Indonesia’s Fragile Elections Through E-Voting: Lessons Learned from India and the Philippines Elven, Tareq Muhammad Aziz; Al-Muqorrobin, Shalahuddin Ahmad
Indonesian Comparative Law Review Vol 3, No 1 (2020)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i1.11298

Abstract

This research argues that implementing the electronic voting (e-voting) system in Indonesia is urged following the nation's first-ever 2019 simultaneous elections, which cost a deadly price of 527 election official lives of reported extreme fatigue during and after the event. Billed as "the world's most complex election", it has reached a consensus that the current manual election system, in which five different paper-based elections are voted at a time, has to be changed. Not to mention that the long-time gap between the voting day and the result announcement may create an opportunity for election fraud. This is evidenced by loads of electoral dispute lawsuits from the previous election brought to the Constitutional Court of Indonesia accused the others of cheating. This research stresses that despite the controversies of whether Indonesia, an archipelagic country with more than 17 thousand islands and 267 million people, is ready for e-voting.  Whether the application of technology is an appropriate response to the election problems? E-voting is desired as a long-term solution and intends to solve many issues such as speeding the counting of ballots, reducing the cost of elections, providing accessibility for disabled voters, and increasing overall voter turnout.
Unitary, Federalized, or Decentralized?: The Case Study of Daerah Istimewa Yogyakarta as the Special Autonomous Regions in Indonesia Ming-Hsi Sung; Hary Abdul Hakim
Indonesian Comparative Law Review Vol 1, No 2 (2019)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1210

Abstract

The professed constitutional unitary state claim has been highly debated.  Some argue that Indonesia shall be a unitary state in name, pursuant to Article 1 Para. III of the Indonesian Constitution, but Constitutional reforms after 1998 when the autocratic President Gen. Soeharto stepped down granted broad authority to local government, leading Indonesia to a quasi-federation situation in practice. On the other hand, some stick to the aforementioned Article, insisting that decentralization embedded in the Constitution Article 18 Para. II is by no means making Indonesia federal.  This article takes the Act No. 13 of 2012 on Special Region of Yogyakarta (the Daerah Istimewa Yogyakarta) granting autonomy to Daerah Istimewa Yogyakarta as a case study to argue for the latter, asserting that the case merely exemplifies the decentralization characteristic embedded in the Constitution. This paper first examines the political features of federalism through a historical legal perspective, showing that the current state system in Indonesia is decentralized but not federalized. This paper concludes  that the recognition of Daerah Istimewa Yogyakarta as an autonomous region is simply a practice of constitutional decentralization. This paper also higlights that with recent political development, echoing that the decentralization theory is not a product of legal interpretation, but a constitutional and political reality.
The Laws in Medical Futility: A Comparative Study between the Malaysian, English, American, Indonesian, and Islamic Law Syaheera Aina Baharudin
Indonesian Comparative Law Review Vol 2, No 2 (2020)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2221

Abstract

Medical futility has always been a huge blow to the medical world. While medical practitioners live to save others’ lives, some cases may not be as kind to their honorable intentions. The problems that were posed by medical futility had always spark issues of morality, ethics and laws. The paper aims to address the laws governing any medical practitioner’s actions towards medical futility which is likely to result in the death of the patient. It will look into the current laws of four nations namely Malaysia, England, the United States of America and Indonesia, with special consideration towards Islamic Jurisprudence by referring to the opinions of various scholars and jurists. This paper has come into being through the studies of many literary articles, law cases, analyzing related statutes and studying the common practices of the previously stated nations. The paper had reached some fundamental outcomes which are: Malaysia and its mother land England shares similar practice in which withholding and withdrawal of treatment is considered lawful when faced with medical futility. As for the United States of America, some states adopted laws regulating end-of-life decisions, providing guidelines and proper sanctions for non-compliance which is contrary to Indonesia which do not have a specific regulation in dealing with medical futility cases. From the Islamic law perspective, scholars had advised that heavy consideration should be given according to the Maqasid Syariah by adhering to the hierarchy of fiqh of looking after necessities, then needs, and then embellishments.
Comparative Law in Asia: The Case for Intra-Asia Intensification Farid Sufian Shuaib
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1101

Abstract

I would like to thank the organiser for inviting me to participate in this important conference – the ASIAN Conference on Comparative Law 2018 – with the theme “Comparative law and Legal Culture in Asia”. This conference is certainly timely considering what is happening around us on the world stage. One inference that we could make from Brexit (namely the success of the referendum for United Kingdom to leave the European Union) and the support received by the far right populist political parties in Europe, (such as the National Front in France) is that nationalism is on the rise. Of course, nationalism helps the creation of states in the first place and thus is not necessarily a terrible thing. Moreover, nationalism could be used to harness unity and cohesiveness in a nation in order to be a developed country, so that the agenda for development could be executed and achieved. However, the language of nationalism that one could hear from some parts of the world is about superiority and exclusion. Thus, a conference on Comparative Law is nothing but timely.
E-Hailing Transportation and the Issue of Competition in Indonesia Rizaldy Anggriawan
Indonesian Comparative Law Review Vol 2, No 1 (2019)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2116

Abstract

E-hailing transportation can be an alternative solution for both fulfilling the increasing demand for public transportation and reducing the number of vehicles on the road. As a populated country, Indonesia has benefited much from the emergence of e-hailing transportation. Unfortunately, despite positive impacts that have been enjoyed, numerous issues have arisen along with the growth of e-hailing transportation in the country. There are several indications that e-hailing companies have been involving in an unfair competition, including predatory pricing. This is done by offering very low fare of transportation services (commonly referred to as promotion fare) whose purpose is to eliminate their competitors. As such, the winner will be monopolizing the market and harming the ecosystem in it. The aims of this paper is to examine whether the Indonesian competition law can address the unfair business competition within e-hailing industry. It is found that e-hailing industry in Indonesia has been exposed to the practice of cash-burning by the business players. Competition law is needed to foster fair competition among the business players in e-hailing industry. Furthermore, the Government needs to formulate the good competition policy and ensure its enforcement.
Adjudicating Separation of Powers: Lessons From The European Court of Human Rights for A Future Asian Human Rights Mechanism? Lee, Seokmin
Indonesian Comparative Law Review Vol 3, No 2 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i2.12037

Abstract

Efforts to build a regional human rights mechanism in Asia are being renewed. Separation of powers adjudication will be inevitable if the right of access to court is included in the new mechanism. This is significant since the potential for separation of powers cases involving human rights issues in Asia is high. An Asian human rights mechanism must take this possibility into account, since adjudicating on such issues may severely impact its stability and long-term viability. A mechanism based on existing regional systems such as the ECHR can seek to minimize these risks via institutional solutions. On the other hand, an Asian mechanism can side-step these issues in the short term by focusing on a narrow set of rights, which minimize the potential for raising issues of separation of powers. In the long term, however, a complete charter of fundamental rights cannot ignore separation of powers issues being linked with human rights. The aim of this paper is to highlight both the inevitability and risks of adjudicating cases involving a nexus between separation of powers and human rights by a regional human rights court.
Employment Arrangement for Person with Disabilities in Indonesia in Post-New Order Era Dewi W, Imma Indra
Indonesian Comparative Law Review Vol 1, No 2 (2019)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1207

Abstract

The right to employment  of persons with disabilities  got better attentions in Indonesia, especially after the fall of the New Order era. This paper discusses the employment arrangement for persons with disabilities in Indonesia in Post-New Order era.  It is found that some reforms have been made to accealerate the fulfillment of  the right to employment  of persons with disabilities. It began with the enactment of Law Number 21 of 2002 on Labour Union  and Law Number 13 of 2003 on Employment. In addition, the Government had ratified the Convention on the Rights of Persons with Disabilities through Law Number 19 of 2011. Furthermore, Law Number 8 of 2016 on Person with Disabilities was issued. This law has properly regulated the rights of persons with disabilities, including their employment rights. Nevertheless, this law still requires several comprehensive operational regulations.  Law Number 13 of 2003 can be synchronized with Law Number 8 of 2016 since it functions as a guideline for employers and workers in carrying out working relationship. 
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 (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.

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