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INDONESIA
Indonesia Law Review (ILREV)
Published by Universitas Indonesia
ISSN : 20888430     EISSN : 23562129     DOI : 10.15742/ilrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesia Law Review (ILREV) is an open access, double-blind peer-reviewed law journal. It was first published by the Djokosoetono Research Center (DRC) in 2011 to address the lack of scholarly literatures on Indonesian law accessible in English for an international audience. ILREV focuses on recent developments of legal scholarship, covering legal reform and development, contemporary societal issues, as well as institutional change in Indonesia. Realizing the global challenges and ever-increasing legal interaction among developing countries, ILREV also welcomes articles on legal development in the ASEAN region and the larger Global South. By that token, it aims to provide a platform for academic dialogue and exchanges of ideas between scholars and professionals, especially from the Global South. As such, ILREV encourages comparative, multidisciplinary, interdisciplinary, and other approaches to law which can enrich the development of legal scholarship not only in Indonesia but also the Global South as a whole.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 1, No. 1" : 6 Documents clear
Implementation of The 1958 New York Convention in Several Asian Countries: The Refusal of Foreign Arbitral Awards Enforcement on The Grounds of Public Policy Radjagukguk, Erman
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

The national character of public policy indicates that the decision is up to the court of national country concerned. Therefore, each country can rule whether public policy and its related issues are part of the country's public policy. Courts atound the world have recognized that Article V of the Convention is discretionary. The courts of Civil Law countries appear to be interpreting public policy broadly. This is quite evident from decisions made by courts in Indonesia, The People's Republic of China, Japan and Korea. The Indonesia Court considered Article V (2) (b) of the New Yourk Convention which states that the court may deny the enforcement of an arbitral award if enforcement would violate public policy of the place of enforcement. In addition, before the enactment of Law No. 30 of 1999 concerning Abitrartion and Alternative Dispute Resolution, the Court referred to Indonesian Supreme Court Regulation No.1 of 1999, which provides that the enofcement of foreign arbitral awards in Indonesia imitatively applies to awards which do not violate public policy order in terms of all underlying principle of the Indonesia legal system and society. In Indonesia, Bakrie Brother v. Trading Corporation of Pakistan Ltd., was the first case in which the indonesia court rejected the enforcement of foreign arbitral awards for the reason of violating public policy
Patent, Technology, and The Role of University Sardjono, Agus
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.
Legal issue on Pledge share aggrement Suharnoko, Suharnoko
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

The creditors are considered as unsecured creditors if they are relying only to article 1131 and 1132 of the Civil Code. In order to become a secured creditor, a security agreement must be made. Many financial institutions are now prefer securing its credit by pledge of shares of customer's enterprise. This article focuses on the legal issues regarding the validity and execution on the pledge share agreement
Harmonization of Islamic Law in National Legal System: A Comparative Study Between Indonesia Law and Malaysian Law Barlinti, Yeni Salma
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute settlement related to Islamic Law. The influence of western legal system is very strong in national legal system. Neverheless, the western legal system differs substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to fiamily law. While the differentitaiton are: the way of implementation of western legal system into national legal systemn and the form of legislation. Indonesia has one legislation, which is in effect to all of Indonesia people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
Mandatory Corporate Social and Environment Responsibilities in The New Indonesian Limited Liability Law Opposunggu, Yu un
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER). The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.
Human Trafficking in Indonesia: Law Enforcement Problems Naibaho, Nathalina
Indonesia Law Review Vol. 1, No. 1
Publisher : UI Scholars Hub

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Abstract

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low attempt of law enforcement towards legal case on this case, among others are: Lack of the Government’s commitment to fight against the crime of human trafficking, in the event that the ineffectiveness in utilization of prevailing laws and regulation; Lack of capacity of professionalism of law enforcement agency (and relevant parties) in handling women and child trafficking at the field. This may be caused by lack of knowledge on infringed regulation. For that matter, those law enforcement agency shall be given socialization and an SOP (standardized operational procedure), so that there will be no inconsistency in handling the existing cases.

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