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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. 3" : 6 Documents clear
CULTURE ANDINTELLECTUAL PROPERTY DEVELOPMENT IN INDONESIA Sardjono, Agus
Indonesia Law Review Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

The conception of Intellectual Property Right (IPR) is generally misunderstood by among common people. In order to obtain a more comprehensive understanding of IPR, we may as well start with the most dominant point of view, namely that from the perspective of the State and Government.This point of view is dominant because the State and Government are the institutions which havethe authority to make law, to implement law and to interpret the law in the various forms of itsimplementation. A study of IPR can be taken from wider view, as cultural perspectivetake the approach of looking at various events related to the implementation of the laws concerned. It also provide various situations to analyze related to the implementation of Copyright Law in various regions all over Indonesia. Within current situation, after Indonesia has ratified the WTO/TRIPs, the consequence now is binding, politically, legally and economically, although we may freely provide the needs of our people, in this case : IPR protection system. There are of course many other things in the spirit of the Constitution and the Indonesian nation that can be explored further and applied in the IPR protection system. In the end, IPR as the part of the culture can be developed further by taking into consideration and looking into possibility that much suitable to the needs of Indonesian respective communities.
STATE ADMINISTRATIVE LEGAL REVIEW ON THE BILL OF RETRACTION LAW OF CORRUPTED ASSETS IN ERADICATION EFFORT OF CORRUPTION IN INDONESIA Simatupang, Dian Puji
Indonesia Law Review Vol. 1, No. 3
Publisher : UI Scholars Hub

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Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption. Another issue that urgently to be defined, as it also become main subject of retracting assets, is the asset itself. Indeed, as the asset which become mainly discussed about is State assets. So, it would be very necessary to clearly have a distinction between State responsibility and that of irresponsibility of the State, in order to settle down, as an after effect, many interpretations.
THE ISSUES OF ACCESS TO JUSTICE IN THE CASE OF DISPUTE RESOLUTION WITHIN THE INDIGENOUS COMMUNITY OF TULEHU, CENTRAL MALUKU Nurtjahyo, Lidwina Inge
Indonesia Law Review Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary law, the indigenous communities could settle their disputes and reach a solution that satisfies their sense of justice. This paper attempts to describe and analyze the mechanisms of dispute settlement within the indigenous peoples of Tulehu, Central Maluku based on their customary law. This paper is based on a research paper titled 'Customary Criminal Dispute Resolution of Indigenous Peoples in Central Maluku.' The focus of this paper is the analysis of the strategies implemented by the community members in Tulehu, Central Maluku in relation to dispute settlement mechanism based on their customary law from the perspective of access to justice.
SUSTAINABLE FISHERIES IN SOUTHEAST ASIA Ariadno, Melda Kamil
Indonesia Law Review Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only by the Law on fisheries but also international regulation adopted worldwide such as the Code of Conduct for Responsible Fisheries (CCRF). CCRF was prepared to include primary principles to elaborate the mechanism of fishery activities which is designated not to cost harmful damages in fisheries activities. CCRF is also accompanied by several technical guidelines that provide certain procedures to be applied to (1) fishing operations; (2) the precautionary approach as applied to capture fisheries and species introductions; (3) integrating fisheries into coastal area management; (4) fisheries management; (5) aquaculture development; and (6) inland fisheries. Consequently, CCRF is intended to cover any kind of fishery anywhere in the world not just marine capture fisheries, but also freshwater fisheries as well as aquaculture both marine and freshwater aquaculture. Excessive fishery activities would then not be harmful if Indonesia is willing to impose regulation which is significantly and effectively to manage these kind of fishery activities. Along with the fact that Indonesia is recognized as a Marine State, there is no reason to hold back in addressing this situation.
ARTICLE 27 OF COMPETITION LAW AND WHAT LIES BENEATH Saputro, Perdana A.
Indonesia Law Review Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”). One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that one needs to be dealt with. Things get more complicated when one deals with the merger application in developing countries since there are various aspects that need to be taken account by the respective antitrust authority (including Indonesia) Obviously, every country needs to set up its competition law in accordance with its own economic characteristics and conditions. Many have argued as to point out the severe condition in market as a result of high concentration of competition. But more of them argued otherwise, as it could positively pushed on the market. This article would also include best practices from US and EU competition law practices regarding the issue at hand, as well as the relationship of merger control and practices in developing countries. The article offers suggestion with regard to the current approach to Article 27 of the Competition Law and from EU and US best practice which could be used for the benefit of Indonesia’s competition law especially to the application of Article 27.
ON LAND (WEALTH) DISTRIBUTION: A CULTURAL APPROACH TO JUSTICE IN INDONESIA Suparjo, Suparjo
Indonesia Law Review Vol. 1, No. 3
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Abstract

This article re-examines the Indonesian land distribution policy in light of Pancasila , the five core values of the Indonesian constitution. Furthermore, the article also analyzes social problems in Indonesia from the legal and cultural point of view. Inspired by Javanese shadow puppet plays and Pancasila values, analysis shows that that land distribution policy in Indonesia does not support the goal of the country. The policy does not adhere to Pancasila values and the cultural values adopted by the Indonesian people. Hence I will try to give a recommendation for better regulation in land distribution. Evidences will be given to support the revision of land distribution policy in Indonesia by involving the academics through their researches and legal knowledge. This paper will also prove how doing so would resolve a lot of problems as poverty, unemployment matters, and social gaps; therefore social-economic justice can be promoted in accordance with the goals of the country.

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