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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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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 (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 Price of Animal’s Soul: Late-Stage Capitalism, Animal Welfare and the Law Yogar, Hanna Nur Afifah
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.v3i2.11939

Abstract

The current epoch of capitalism creates more distinct issues, and one of its conflicts is the class struggle of animal workers. This paper will begin by inquiring how much is the price of an animal's soul?—and further, it will situate the Indonesian laws in the effort to accommodate the animal's protection and their welfare. The features of late-stage capitalism indicate the conflict of class struggle for animal workers. The assessment is more than an economic perspective, but human and non-human animal intra-action nexus, legal standpoint, and socio-cultural point of views. This analysis will refer to late-stage capitalism theory, Indonesian laws and other related regulations concerning animal protection, and comparative cases of animal welfare cases in Indonesia and Thailand. This paper is expected to provide an overview of the role of law in providing an understanding of animals as sentient beings rather than property. 
Legal Friction of State Civil Apparatus Neutrality in Indonesia Sarnawa, Bagus
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.1105

Abstract

The State Civil Apparatus (ASN) is the executor of governmental and development duties. Therefore, ASN must be neutral. According to Law No. 5 of 2014, the neutrality of ASN must be free from the influence and intervention of all groups and political parties. In order to maintain the neutrality of the State Civil Apparatus from the influence of political parties and to ensure the integrity, cohesiveness and unity of the State Civil Apparatus, and to focus all attention, mind and energy on assigned duties, ASN is prohibited from becoming a member and / or political party official. Historically, the arrangement of ASN neutrality began during the Old Order period, which the issuance of Presidential Regulation No. 2 of 1959 on the Prohibition of Civil Servants and State Officials in Political Parties in that time. Furthermore, this Presidential Regulation is followed up and extended by Circular Letter of the President of the Republic of Indonesia No. 2 of 1959 concerning on Prohibition of Political Party Membership for State Civil Apparatus that implement state obligation outside his position. Furthermore, in the New Order era, Law No. 8 of 1974 on the Principal of Employee Affairs, while in the Reform Order was issued Law No. 43 of 1999, Civil Servants should be neutral from the influence of all groups and parties and not discriminatory in providing services to the community.
Parties to Crime: Development and Comparison Santoso, Topo
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.2217

Abstract

This article discusses parties to crime which are an important part of substantive criminal law. This concept is related to the involvement of more than one person in a criminal offence. Problems in participation include its definition, forms of participation, timing of implementation and criminal responsibility of the person involved in the participation. The debate over parties to crime has started from its definition since the formulation the Criminal Code is very short and need interpretation and the differences among the forms of participation. This article also discusses the arrangement of participation in several
Reviewing the Prosecution of Medical Practitioners in Common Law Countries: A Needed Step or a Flawed Approach? Wahab, Mohd. Iqbal Bin Abdul; Qazi Zada, Mohd Ziaolhaq
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.2112

Abstract

The prosecution of medical practitioners for the medical gross negligence has dramatically increased in the past decades. This was in a bid to curb the high prevalence and occurrence medical malpractice by the medical community. However, there are no proper data to support that the prosecution had any significant impact in reduction of such occurrences. Many believe that the criminal prosecution for medical practitioners in the course of their duties is not a right approach to take on. This paper aims to examine the medical gross negligence that occurred by the medical practitioners by reference to the various different common law countries and decided cases. 
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 (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.
Development of Land Conflict Settlement Model Based on Indigenous Knowledge of the Local Communities in Indonesia Sunarno, Sunarno
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.1211

Abstract

Land conflict has become a classic issue in Indonesia and an effective dispute settlement seems to be urgent. The study aims at evaluating the possibility to incorporate the indigenous knowledge of the local communities in land dispute settlement system. This socio-legal research employs both qualitative and quantitative approach.It is found that the current legal and institutional systems are not in accordance with the legal consciousness of the Indonesian society. The purposes of agrarian policy have been controlled by the domination of the state over the people’s rights. The policies were made to safeguard the interests of elite and its supporters and at the same times ignore the society interests. As the old model of land dispute settlement, the Dutch procedural law (HIR) served the colonial interest. In fact, there are statutory provisions in the sector of natural resources and land that regulate land dispute settlement that accommodate the local wisdom. In addition, article 18 of the 1945 Constitution and Article 5 of the Basic Agrarian Law explicitly recognize the capacity of the indigenous people in settling land dispute. However it needs further elaboration and institutionalization of their values. The development of a legal system model based on local community wisdom is a must which it means a legal system that is incorporated from the value of the original legal system of the Indonesian nation. The Indonesian customary legal system rests on the concept of regional values that exist throughout Indonesia regions.
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.
Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia Hardyanthi, Try; Akbar, M. Fabian; Akbar Napitupulu, Ichwan Rizky; Nirwana, Nia Prilia; Yasmin, Shaffa Aulia
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.15072

Abstract

The case of sexual violence is increasing every year in Indonesia. The current prevailed penalties for perpetrators of sexual violence as stated in the Penal Code and the Child Protection Act are considered ineffective. The public then proposed that the perpetrators of sexual violence should be sentenced to death. The study aims to conduct a comparative study between Indonesia and Saudi Arabia in punishing sexual violence perpetrators. This study will look at how the death penalty is deemed appropriate to be applied for sexual offenders. It also explores the prevailed punishments by Saudi Arabian government for sexual violence cases. The study is normative research with employing comparative and statutory approaches. The study shows that sexual violence could be regarded as extraordinary crime as it meets particular conditions. Indonesia opens up the possibilities to punish the sexual offenders with the death penalty. However, Saudi Arabia on the other hand did not impose death penalty for sexual violence perpetrators but rather have a public humiliation as an alternative.
Problems and Dilemmas: ASEAN Commitments in Disaster Management Arumbinang, Mohammad Hazyar
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.13219

Abstract

This research aims to elaborate the problems and dilemmas of disaster management and emergency response of ASEAN. This paper has adopted normative qualitative legal research with statutory approaches. The data will be analysed by using descriptive-analytical analysis. The research found that there are some major problems that faced by ASEAN members in working collectively on the disaster management and emergency response, such as non-intervention principles and sovereignty principles. The Southeast Asian region is remarkably vulnerable to natural and man-made disasters which repeatedly cause devastations to both human lives and properties. The experience has shown that local government and holders with their capacity have proved their ability to handle small and medium scale emergency response, but for some circumstance the host state sometimes cannot deal with this issue. Due to that issue Association of Southeast Asian Nations (ASEAN) as the regional organization in Southeast Asia playing an importance role to building a well-prepared disaster management through join collaboration among ASEAN member by reason of humanity.

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