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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 96 Documents
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Copyright Protection for Creators of Digital Artwork Deniesa, Salsabilla; Putri, Dela Rinanda; Amrullah, Arqam; Farid, AdrianaMaisarah binti Mohd; Hassan, Nor Audra Diana binti Md
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.v4i1.15106

Abstract

The development of digital technology can be a double-edged knife for the creative industry. It is undeniable that the ease of obtaining anything from internet can lead to a new problem, one of which is copyright infringement. Copyright of digital artworks should be protected since without which it will harm the rights of art workers who upload their works in the internet. The purpose of this research is to discuss and understand the copyright protection for digital artworks as well as some legal remedies that can be taken against infringement of the exclusive rights of the creators. This normative legal research employs statutory and comparative approach. The study shows that although legal protection for digital artworks has been governed under the Copyright Act 2014 (Law Number 28 of 2014 on Copyright), however its implementation but is still lacking and therefore improvement is necessary. In addition, the awareness of art workers about their rights should also be encouraged.
Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis AWJ, Fransiskus
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.v4i1.12073

Abstract

This article discusses several procedural problems in Indonesia’s rules on ratifying treaties. These problems stem from gaps in the existing laws as well as conflict between the general law on ratification and the more specific law that regulates ratification of trade treaties. The problems involve timing and inconsistency within the practice of treaty-ratification and its product. The issue of timing concerns the time that it takes to ratify a treaty. The issue of practice concerns inconsistency within the treaty-ratification practice because of a lack of procedures and the strange existence of procedures for specific treaties without the existence of general ones. The issue of product concerns an inconsistency within the result of ratifying a treaty. The problems are analyzed by observing the laws and practices of treaty-ratification of other states.
The Handling of Armed Criminal Groups in Papua: Ended with Secession? Rinasti, Avi Lupi; Alfarizi, Mohammad Hanaan; Noveliani, Regita Ryan; Farhansyah, Bagaskara Yonar; Astutik, Zulfiani Ayu
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15122

Abstract

The Papuan Armed Criminal Group (KKB) has been a hereditary problem for the Indonesian government. Their demand to secede from the Republic of Indonesia was the main reason why this group was formed. Because the Government has not responded to the demands of the KKB, it led this group to carry out acts of terror against the society in Papua. One of the cases that have recently attracted media attention is the KKB’s attack that killed several workers in Beoga, Puncak district, Papua. The study aims to analyze and evaluate the settlement of terrorism cases carried out by KKB. This normative legal research relied on secondary data. The results of the study indicate that in international law, the context of referendum exists only in the context of decolonization and non-self-governing territory. The government's move by considering the KKB as a separatist terrorist group and not accepting KKB's demands for a referendum or mediation is one of the right steps. Acts of terrorism cannot be tolerated even though they are related to human rights because it is regulated in legislation
Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges Asuhaimi, Farhanin Abdullah; Ghadas, Zuhairah Ariff Abd; Nawang, Nazli Ismail
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15858

Abstract

Nowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs to provide good information on the product to gain consumers' confidence in entering into any online transactions. This paper highlights the principles of sale of merchantable quality goods in the Malaysia Sale of Goods Act 1957(SOGA) and the consequences of the breach based on a systematic literature review. This paper also investigates the application of the sale of merchantable quality goods in online platforms using the method of content analysis. This research revealed that Lazada and Shopee, as Malaysia's most clicked e-commerce platforms, successfully protect their ranking by providing a perfect practice in ensuring the goods sold comply with the merchantable quality as in SOGA. However, as consumers must be aware of the underlying principle of caveat emptor thus, this paper concludes with some tips for buying online and the suggestion for the online platform to ensure the practice is in line with the current law in Malaysia.
Religious Courts in Indonesia and Malaysia: History, Structure, and Jurisdiction Azzahra, Raihan; Shuaib, Farid Sufian
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15911

Abstract

As Muslim-majority countries, Religious Court plays an important role in resolving disputes among Muslims both in Indonesia and Malaysia. This doctrinal legal study employs comparative approach. Comparison is made between the Indonesian Religious Court and the Malaysian Religious Court, particularly in terms of history, structure, and jurisdiction. The result of this study shows that there are some commonalities and differences. Regarding the commonalities, Religious Courts from both countries have a long evolution in three various periods of history, both countries' Religious Courts are mostly organized into three levels, and they both share the same jurisdiction of the courts that only Muslims are subjected to their jurisdictions. For the differences, the history of Religious Courts in Indonesia and Malaysia were influenced by different colonials, all Religious Courts in Indonesia have an integrated and hierarchical structure, while in Malaysia, the structure is separated from one state to another, and the jurisdiction indicates that Indonesia has law uniformity, whereas Malaysia is not uniform in all states
Cooperatives as Entities Influencing the Sustainable Development of Rural Areas in European Union Suchoń, Aneta
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15913

Abstract

The aim of the article was, first of all, to determine whether and to what extent legal regulations favour cooperatives and influence the development of rural areas in Poland and selected countries of Western Europe. Secondly, it attempts to indicate the possible directions for the development of cooperatives in rural areas in light of the new rules of the Common Agricultural Policy after 2022 and the European Green Deal. The basic research method involved the dogmatic analysis of normative texts, which is a characteristic feature of a lawyer’s work. At the beginning of the article selected issues related to cooperatives in the European Union and EU rural development principles were presented, then regulations concerning the establishment and operation of cooperatives in Poland, Germany, France and Italy. The next part of the article refers to the new EU regulation of December 2021, which will enter into force on 1 January 2023; and indicate regulations that will be of benefit to cooperatives and that will particularly contribute to the development of rural areas. The issue of the European Green Deal and its impact on association in the form of cooperatives was also discussed.
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.
Malaysian and Indonesian Law and Policy on Rohingya Refugees: A Comparative Review Siti Munirah Yusoff; Mohd Afandi Salleh; Md Mahbubul Haque
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15819

Abstract

Majority of ASEAN member countries consider themselves to be non-immigrant countries. As a result, the majority of ASEAN countries are not perfect locations for immigrants to settle. However, all states are bound by the non-refoulment principle laid down under Customary International Law in which, the states are prohibited to return the refugee to their original country where there was danger known around them. Hence, in the absence of a formal mechanism produce by the ASEAN region for the protection of refugees, Malaysia and Indonesia perform their efforts and experiences in terms of handling refugees. The paper explains the comparison of how the policy and law on refugees within Malaysia and Indonesia by referring to the case study on the Rohingya people crisis and also the Vietnamese boat people. The qualitative method has been chosen to explain the literature of the paper. This paper also discusses on how both countries respond to the right of a refugee within their sovereignty since they are non-signatory states to the 1951 Refugee Convention. As a result, the paper intends to elaborate on to what extent the laws and policies apply to the refugee according to the Malaysia and Indonesia experiences.
Urgency of Indonesia to Establish a Comprehensive COVID-19 Pandemic Law: Lesson Learned from Singapore Fauziah, Mastin Annisa Nur
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.v4i1.12999

Abstract

Indonesia, during the second wave of COVID-19 has become one of the country that was deemed to have had the highest COVID-19 cases and death rate similar to India, Iran, and Italy in 2020. Despite the low number of cases Indonesia currently have, the dismissive approach of the Indonesian government and the late response towards COVID-19 on the early days was some of the root of the issues. This tragedy could have been avoided if the Indonesian government act in a serious and efficient manner. This study seeks to create a solution or as a mirror for the Indonesian government in creating a comprehensive pandemic laws. Singapore, arguably have been successfully implementing the “living with COVID-19” Indonesia wished to achieve in mid-2020 during the “new normal” attempt. This study concludes that Indonesia could attain that standard under the condition that Indonesia have a strategic plan such as implemented by Singapore at the moment through gradual exit strategy and high vaccination rates. In preparing for the third wave, Indonesia could also mirror the pandemic laws application in Singapore in the early days where lockdown was stricter and penalty was not lax. This study hopes that if in the worst scenario Indonesia is attacked by third wave of COVID-19 cases, Indonesia will be ready to tackle such challenges by learning some measures implemented by the Singapore government.
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.

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