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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 7 Documents
 1 
Search results for , issue "Vol. 1, No. 2" : 7 Documents clear
VERTICAL LAND UTILIZATION BY MEANS OF STOREY HOUSING DEVELOPMENT IN URBAN ARE Sukanti, Arie
Indonesia Law Review Vol. 1, No. 2
Publisher : UI Scholars Hub

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Abstract

Many international covenants and constitutions have recognized housing and shelter needs as one of many human right aspects. This paper intends to clarify the particular issues relating to paragraph 19 of the United Nations Millennium Declaration, on resolving city slum problems. The Declaration has also embedded initiative to achieve a significant improvement in the lives of at least 100 million slum dwellers as proposed in the “Cities without Slums” by 2020. In the local perspectives, based on existing regulations analysis, the Special Region (DKI) of Jakarta has many problems on forthcoming implementation. Vertical land utilization model by way of storey houses development becomes an alternative to settle the demographic and housing problems. More legal research needs to be conducted to find the best effective national policy in the future. Urban land use, proposed as starting points, will be able to explore how to provide and undertake vertical land utilization and city planning to resolve city slums problems by providing both housing needs and city attractiveness as an integrated planning.
ASEAN’S HUMAN RIGHTS BODY: NEW BREAKTHROUGH FOR HUMAN RIGHTS PROTECTION IN SOUTH EAST ASIAN REGION SOME PRELIMINARY NOTES FROM INDONESIA’S PERSPECTIVE Afriansyah, Arie
Indonesia Law Review Vol. 1, No. 2
Publisher : UI Scholars Hub

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Abstract

On 21 November 2007, leaders of the Association of South East Asian Nations (ASEAN) promulgated the ASEAN Charter (the Charter). Not only does it provide legal basis for ASEAN’s legal personality; it also provides new legal norms for its member states. One of those that need to be discussed is the establishment of ASEAN’s Human Rights Body (the Body). This obligation is stipulated in Article 14 of the Charter, which stresses the commitment of member nations to protect human rights. However, the establishment of the Body has faced numerous pessimistic opinions regarding the organisation’s capability to protect human rights considering its notorious reputation over this matter. The article is fosucing on some areas of concerns that need to be looked at to put the Body into operation. Some important lessons from the European Human Rights Body is examined as comparison.
RESTORATIVE JUSTICE IN INDONESIA: TRADITIONAL VALUE Zulfa, Eva Achjani
Indonesia Law Review Vol. 1, No. 2
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Abstract

“Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice is a concept of thinking that supports the development of the criminal justice system with emphasis on the required involvement of the community. It is also involving the casualties who with the current criminal justice system are excluded. In several countries, restorative justice has been translated into a variety of formulations to accommodate a variety of values, philosophical basis, terms, strategies, mechanisms, and programs. Good consultation with the perpetrators and the victims themselves may provide the public with a different mindset in preventing emerging problems. This process can involve the police, prosecutorial institution or the traditional institutions. Therefore, without excluding the work in the formal legal system, the institutional mechanism for resolution through consultation was working in the community. In the various principles and models of the restorative justice approach, the process of dialogue between the perpetrator and the victim is a fundamental and the also the most important part of the application of the restorative justice. The direct dialogue between the perpetrator and the victim gave the victim the opportunity to express what he/she felt, hope for human rights and the desire to reach a criminal settlement.
STATE CAPTURE: IS IT A CRIME? HOW THE WORLD PERCEIVED IT Sitorus, Lily Evelina
Indonesia Law Review Vol. 1, No. 2
Publisher : UI Scholars Hub

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Abstract

State capture has emerged as a global threat in several countries. The definitions vary from the act of rent-seeking to corruption. Russia, Ukraine, and some countries in Central Asia are several areas where state capture was first observed. Indonesia is not immune from the threat. Several misconducts in the country had already been labeled as state capture. There are some distinctions between state capture and corruption, whereas in a few countries both are considered as the same. Strategies for combating corruption usually involve reducing state capture.
SOCIAL AND ENVIRONMENTAL PROTECTION IN BILATERAL INVESTMENT TREATIES: FOREIGN INVESTORS’ PERSPECTIVE Suleiman, M. Aji Satria
Indonesia Law Review Vol. 1, No. 2
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The limit of host states’ right to regulate foreign investment within their jurisdiction has been the main, yet unresolved issues in international investment law. This makes it more difficult, given the global structure of investment law that consists of networks of Bilateral Investment Treaties (BITs). This article will not deal with the question of optimal structure of regulatory discretion under BITs which is still debatable among scholars. The central agenda of this article is to address the precondition for an efficient outcome to materialize within the complex web of BITs already signed among states. It is even more complex to be concluded. This issue is due to the absence of international coordinating institution, letting alone that of global supranational authority. This is different from the case of domestic regulatory takings which “simply” requires the correct information and measure from the benevolent government, that means, the existence of an efficient provision, if any, will not necessarily result in an efficient outcome. The main research question addressed in the article is: under what condition a capital exporting state could introduce higher flexibility for regulating public interest in an investment treaty negotiation? The article offer the answer on issue linkage between the level of protection under BIT, the degree of openness of access to domestic legal and regulatory making of the host state, and the foreign investor’s capabilities to deal with the trade-off. Ceteris paribus, the linkage enables a set of feasible Pareto improving deals out of BIT negotiation
CONSTITUTIONAL LEGITIMACY: SHARIA LAW, SECULARISM AND THE SOCIAL COMPACT Akhtar, Zia
Indonesia Law Review Vol. 1, No. 2
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This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law . The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made contingent upon a consensus of popular sovereignty in order to make it binding in a contract between the ruler and the governed.
PERJANJIAN TRIPS DAN BEBERAPA ISU STRATEGIS (TRIPS AGREEMENT AND SEVERAL STRATEGIC ISSUES) Hakim, Fika
Indonesia Law Review Vol. 1, No. 2
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Abstract

Intellectual Property Rights is one of the most important aspects of foreign investment. Although intellectual property rights is a key element in the TRIPs Agreement, but this book does not discuss the specifics of Intellectual Property Rights (hereinafter referred to as IPR) itself. This book also addresses three other strategic issues in addition to IPR, which are transfer of technology, Traditional Knowledge and Genetic Resources Folklore (SGPTF), and TRIPS Plus. In addition, the book also discusses the relation between TRIPs and the developing countries, especially Indonesia, and also its relation to developed countries.

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