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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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Pincer Maneuver: Legality of China’s Economic Measures towards India Gemilang, Adinda Balqis Tegarmas
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.v5i1.17157

Abstract

China today has an enormously massive and diverse industrial sector which cemented its role as the world’s factory. This status is mainly borne from cheap, plentiful and capable workforce that given by the size of its population. Increasingly belligerent stances taken by the Chinese Communist Party (CCP) in combination with myriad of other factors have led industries to slowly move their production elsewhere. The alternative, in form of China’s nemesis, India which has started to woo manufacturer to  do business with them as a more competitive and open market in combination with the abundance of cheap and capable workforce. China in realizing this move are now exposed to the existential problem of power. With the wealth accumulated, China has started curbing the effect of the relocation of its manufacturing sectors to India. Initiatives and program that they create have strangely unaffected India in its efforts to enter into the global manufacturing and distribution system. The paper aims at answering the question on the legality of China’s economic measures toward India from the perspective of the existing international law. This normative legal research relies on primary and secondary sources. The study found that the mentioned economic measures are in line with the applicable international law.
Theft under Islamic and Indonesian Criminal Law Astutik, Zulfiani Ayu; Wibowo, Muhammad Rafif; Mulloh, Ahmad Fahmi Ilham; Diva, Adilla Putri
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.v5i1.15124

Abstract

Theft  violates both  legal and religious norms  and it is a crime  under Islamic and Indonesian Criminal Law .  The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime  but also  preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.
The Implementation of Mutual Legal Assistance between Indonesia and Switzerland Regarding Asset Recovery Prawira, Muhammad Yudha; Alamsyah, Fatra
Indonesian Comparative Law Review Vol 5, No 2 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i2.17435

Abstract

Mutual Legal Assistance in Criminal Matters (MLA) between Indonesia and Switzerland was ratified by the Indonesian government through the enactment of the Law Number 5 of 2020. It outlines the applicable legal framework for reciprocal legal assistance in criminal matters, including the trace of the proceeds of crimes. It is expected that this MLA may facilitate the process of returning assets from Switzerland to Indonesia. This article aims to discuss the implementation of the MLA between Indonesia and Switzerland in returning assets resulted from corruption which were especially stored in Swiss banks. This normative legal research employs both statutory and comparative approach. Analysis was made based on the study upon relevant legal materials, including national legislation, international regulations, and journal articles. It is found that the contribution of the MLA in regard to returning asset resulted from corruption is still minimum. The implementation of the MLA between Indonesia and Switzerland encountered obstacles and various resistance. More serious efforts are needed in order to achieve the main goal of the establishment of the MLA, namely asset recovery.
Legal Protection for Tik Tok Shop Buyers: Comparison between China and Indonesia Pratama, Naufal Bagus; Deniesa, Salsabilla
Indonesian Comparative Law Review Vol 5, No 2 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i2.17298

Abstract

The nature and scale of e-commerce are constantly changing. In today's world, the concept of internet purchasing became ubiquitous. All the purchases that consumers make is safeguarded by a set of policies in the form of rules imposed in each country; thus, the evolution of consumer protection is also inextricable from global influences. The term consumer protection refers to an umbrella term that encompasses many different aspects of economic transactions. The relevance of the law rests in the fact that the regulation works to protect individuals and the rights they are entitled to. In spite of the significance they have, customers frequently find themselves victimized by unethical commercial activities. This article describes the proliferation of E-commerce and the legal protection of the e-consumers who conduct buying and selling transactions, particularly in the TikTok Shop platform. This normative legal research relies on secondary data and employs both statutory and comparative approach. The finding shows that China has established a new law to safeguard and maximize a healthy shopping environment on an e-commerce platform. On the other side, Indonesia has not had a specific regulation for e-commerce yet, accordingly the legal protection for Tik Tok Shop buyers relies to the existing law, namely the Law No. 8 of 1999 concerning consumer protection.The nature and scale of e-commerce are constantly changing. In today's world, the concept of internet purchasing became ubiquitous. All the purchases that consumers make is safeguarded by a set of policies in the form of rules imposed in each country; thus, the evolution of consumer protection is also inextricable from global influences. The term consumer protection refers to an umbrella term that encompasses many different aspects of economic transactions. The relevance of the law rests in the fact that the regulation works to protect individuals and the rights they are entitled to. In spite of the significance they have, customers frequently find themselves victimized by unethical commercial activities. This article describes the proliferation of E-commerce and the legal protection of the e-consumers who conduct buying and selling transactions, particularly in the TikTok Shop platform. This normative legal research relies on secondary data and employs both statutory and comparative approach. The finding shows that China has established a new law to safeguard and maximize a healthy shopping environment on an e-commerce platform. On the other side, Indonesia has not had a specific regulation for e-commerce yet, accordingly the legal protection for Tik Tok Shop buyers relies to the existing law, namely the Law No. 8 of 1999 concerning consumer protection.
Harmonizing Regional Competition Laws and Policies: A Way Forward for ASEAN Economic Growth Fathari, Muhammad Reza; Efendy, Andi Rifky Maulana
Indonesian Comparative Law Review Vol 5, No 2 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i2.17910

Abstract

The prominent subject of discussion within the context of the ASEAN Economic Community is the harmonization of competition law in the region (AEC). In order to remove and reduce potential barriers to economic activity, ASEAN has adopted free trade through economic integration among its member nations. This study aims to examine why it is crucial to harmonize ASEAN competition law and to determine what the ASEAN business competition law harmonization model looks like. This paper used normative method with utilizing a statutory and a comparative approach which are presented descriptively. The results demonstrated that legal system conflicts can be addressed and legal disparities can be lessened by initiatives at harmonization. To do this, ASEAN must at the very least harmonize three key aspects of ASEAN Member States' competition laws: the substance of the law, law enforcement, and competition commission. In this context, collaboration amongst competition enforcement agencies can be used to implement the ASEAN model of harmonising competition legislation. Cooperation can take the form of notification, information sharing, enforcement cooperation between commissions, consultation, and conciliation.
Water Privatization Discourse in Indonesia: Legal Issues and Lessons Learnt from the UK’s Experience Hidayat, Al Fatah
Indonesian Comparative Law Review Vol 5, No 2 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i2.17985

Abstract

Legal protection of water resources is important as a rule and guidelines for human behavior as the purpose of the law to regulate public order. Legal developments regarding water resources need to be updated following the development of the community, so that the creation of legal protection for water resources can have an impact on water conservation. This study examines the policy of legal protection of water resources in Indonesia. It discusses the existing legal issues emerged in water privatization. Besides, it also explores the UK’s experience including the management and policy on the water exploitation. This study employed doctrinal legal research utilizing comparative, statutory, and conceptual approach. The discussion's findings demonstrate that the UK's approach to water management differs from Indonesia's. A system of water privatization is used in UK water regulation. The UK places a high focus on service quality and access to clean water. Therefore, the government offers complaint services regarding water quality in order to regulate the performance of the private sector. The Consumers Council for Water (CCWater) also provides assistance to consumers in homes and businesses. Water and sewage users in the UK and Wales are represented by CCWater, which also accepts unresolved complaints.
Notes of Protection: A Comparative Analysis of Music Copyright Laws and Enforcement Siregar, Runi Hilda Fadlani
Indonesian Comparative Law Review Vol 5, No 2 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v5i2.17927

Abstract

Music copyrights are not only considered as commodities but also considered as private property which must be recognized and protected by the state. In Indonesia, legal protection for copyright holders and creators is conducted through the National Collective Management Organization, while in Malaysia those issues are handled by Music Rights Malaysia Berhad. The purpose of this research using a comparative legal concept approach is to provide information about music copyright protection in Indonesia and Malaysia regarding legal issues regarding the position of the music copyright protection agency as well as prosecution and legal remedies for copyright infringements within the country and across countries. This study used normative juridical legal research. The results of study show that National Collective Management Institute (NCMI) and Music Rights Malaysia Berhad (MRM) have the same characteristics, namely as independent institutions and have attributive authority to take legal action against Music copyright violations. Furthermore, MRM has a narrower range of royalty collection than NCMI. In addition, MRM has no obligation to mediate if the case is a civil case. Besides, legal efforts that can be carried out by NCMI and MRM can be through the realm of criminal or casuistry litigation or arbitration.
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.
Architecting Hybrid Contract in al-Rahn: A Comparative Study between Malaysia and Indonesia Muhammadi, Fauzan; Mohd Razif, Nor Fahimah; Rahim, Rahimin Affandi Abdul
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.20699

Abstract

Nowadays, hybrid contracts are recognized as an adaptive form of contract in the implementation of Islamic business. However, the involvement of hybrid contracts in al-Rahn has risen numerous legal controversies in Islamic Sharia.  Malaysia and Indonesia  have diffferent approaches regarding the  use of hybrid contracts in al-Rahn scheme. In the light of that, this article aims to lay out the two countries’ sides in responding to the issue at hand. This qualitative  study  relies on secondary data and employs conceptual and comparative approach. It investigates the policies relating to hybrid contract in the implementation of al-Rahn both in Malaysia and Indonesia. This study indicates that academics in both countries tend to state that the hybrid contracts in al-Rahn are not in accordance with the Sharia. The non-compliance with the Sharia prompted Malaysia to create a new policy, namely by utilising the concept of Tawaruq. Meanwhile, Indonesia recently still associates Ijārah contracts as part of the implementation of al-Rahn.
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

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