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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. 10, No. 1" : 7 Documents clear
DESA ADAT PROVINCIAL LAW: EXISTENCE STRENGTENING OR POWER FLEXING? Apriani, Luh Rina; Erliyana, Anna
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat in Siak Regency, to compel the villages in their area to meet the criteria as Indigenous Villages as mandated by the Desa Law. The Regional Regulation of the Province of West Sumatra Number 7 of 2018 concerning Nagari shows political debate to fulfill the mandate of the Village Law, which is criticized as large among the minimal nuances of custom and culture. Bali, which has been living in a circle of the existence of Desa Adat and Desa Dinas, has also examined the responses to the existence of the Desa Law drawn from discussions and discourses on village integration and/or village elections. In the midst of this process, the Provincial Law of Bali Province No. 4 of 2019 was published in the Adat Law (Perda Desa Adat). This paper will show that the Desa Adat Law, which is rich in nuances of customs and culture, was not published to fulfill the mandate of the Desa Law, but instead strengthened the existence of Desa Adat in Bali. This Perda has revised traditional and official relations in Bali by giving more space to the Customary Villages to work together with the Dinas Desa in synergy to empower the community within the philosophical framework of the Balinese people. The effectiveness of this regional regulation needs to be tested to prove the authority of the Desa Adat and Desa Dinas in Bali.
INDONESIAN PERSPECTIVE ON THE INVESTOR–STATE DISPUTE SETTLEMENT MECHANISM FOR FOREIGN INVESTMENT DISPUTE SETTLEMENT IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS Leonard, Jessica; Amalia, Prita; Chandrawulan, An An
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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Investment includes tangible and intangible assets. Intangible assets are often connected with intellectual property which leads to intangible results. The lack of “visibility” in intangible assets makes them difficult to measure. Current international regulations have not also explicitly provided room for enforcement regarding intellectual property rights in terms of foreign investment. Therefore, an emergence of cases is observed in investment disputes within the field of intellectual property rights through the Investor–State Dispute Settlement (ISDS) mechanism. In this research, we discuss cases of foreign investment disputes in such a field. From these cases, we find the factors that determine the occurrence of foreign investment disputes in the field of intellectual property rights. The ISDS mechanism can be used to resolve foreign investment disputes in the field of intellectual property. Furthermore, this research discusses the perspective of Indonesian law regarding foreign investment disputes in the mentioned field by using the ISDS mechanism. Qualitative methods and secondary data analysis are also used. The research aims to discover and identify foreign investment disputes in the field of intellectual property rights.
INDONESIAN DEMOCRACY AND POLITICAL PARTIES AFTER TWENTY YEARS OF REFORMATION: A CONTEXTUAL ANALYSIS Ulum, Muhammad Bahrul
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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This paper traces the trajectory of Indonesian democracy that has developed in the last twenty years, specifically regarding the extent to which its continuities and changes have been consistent with the rationale for reformation. It enquires whether the current democracy has been transformed based on liberal constitutionalism or the new democracy has restored the integralist ideal. In recent years, the mass protests that increasingly color Indonesian politics have become a critical response to a failing system. This analysis asserts that the lack of functioning political parties in Indonesia and the breakdown of Indonesian democracy as a result of integralism ignores essential checks and balances. The situation is exemplified by the cooperation of the opposition parties in the cabinet, including the promotion of gotong royong (mutual help) in the form of Prabowo Subianto, Joko Widodo’s rival in the 2019 Presidential Election. Subianto has long been implicated in human rights abuses, going back to East Timor invasion in the 1970s. This attitude also indicates the serious threat that gradually negates the hard-won liberal democracy at the dawn of the reformation. Among these trends, the current democracy reveals the ineptness of the existing political parties that were essentially liberalized in the early Reformation. As it stands, they have been unable to prevent the current system from being led to a more autocratic model.
CORRUPTION IN MATCH-FIXING WITHIN SPORTS: THE NEED TO REGULATE FUTURE LEGISLATION (A COMPARATIVE STUDY AND LESSON FROM THE AUSTRALIAN SYSTEM OF LAW) Silalahi, Ranto Sabungan
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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The Indonesian football league has been devastated greatly because of match-fixing, a problem that has caused the decline of the country’s achievements in international events. The ongoing mechanism of using sports law or lex sportiva is considered ineffective because it provides no deterrent effect on offenders. The country may learn from Australia, who has gained many international sports achievements by previously eradicating match-fixing in sports, including football. Australia has included match-fixing among acts of sports corruption, and offenders may be sanctioned both by receiving criminal punishment from a law authority and disciplinary sanction from a sport or football authority. To prevent and address the involvement of gambling syndicates in many instances of match-fixing in football matches, the country has enacted a national policy on the codes of conduct and anti-match-fixing measures in sports and established a special unit to coordinate the law authority and sports authority. Although it has a different system of law, Indonesia may learn from Australia in eradicating match-fixing in football and may have many great achievements in international events as a result.
COMPARATIVE STUDY ON E-WASTE MANAGEMENT AND THE ROLE OF THE BASEL CONVENTION IN MALAYSIA, SINGAPORE, AND INDONESIA: A WAY FORWARD Shad, Khalid Mehmood; Ling, Sarah Tan Yen; Karim, Mohammad Ershadul
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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Electrical and electronic equipment waste (E-waste/WEEE) is a current global concern because of the increasing volume and improper treatment of e-waste. Generally, e-waste can be defined as discarded components of electrical and electronic equipment that have no reuse value. The improper disposal of e-waste can bring about catastrophic effects to mankind and the environment. The Basel Convention in 1992 categorizes e-waste as hazardous waste due to the presence of toxic materials. Currently, the production of e-waste is expanding at a considerable rate and is expected to reach 52.2 million tons globally by 2021. Singapore, Malaysia, and Indonesia are three neighboring countries that are facing the issue of e-waste management. The shortage of appropriate recovery and recycling facilities for formal e-waste treatment in the aforementioned three counties may lead to informal e-waste treatment or unsafe landfill, which cause harmful and hazardous effects to human lives and nature. This review provides a comprehensive overview of e-waste management from the perspective of Singapore, Malaysia, and Indonesia. Inadequate governmental policies, lack of e-waste laws, lack of public awareness, and lack of management strategies have caused various social and environmental issues. This work concludes with recommendations for the three countries to restrict the free flow of e-waste by establishing robust e-waste laws and improving the e-waste management system.
LEGAL ISSUES ON INDONESIAN MARINE PLASTIC DEBRIS POLLUTION Jing, Zhen; Sutikno, Sutikno
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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Various problems related to marine plastic debris pollution have yet to be resolved. Therefore, the definition, categorization, origin, and degradation of marine plastic debris must be thoroughly investigated to gain a comprehensive understanding of the related issues. The presence of marine plastic debris has significant implications on marine environments, including ecological, biodiversity, health, and economic impacts. Marine plastic debris originates from both landand ocean-based sources, and there have been efforts to prevent or reduce its introduction and accumulation in the marine environment. In Indonesia, such a problem must be solved through the implementation of more effective, efficient, and specific regulations, especially because it is the second-largest contributor of plastic debris in the marine environments throughout the world. In order to reduce 70% of such debris by 2025, the Government of Indonesia established the National Coordination Team of Marine Debris Management, which is tasked to draft policies and carry out coordination, control, and evaluation related to marine plastic debris pollution. The law enforcement in marine plastic debris pollution is known as the legal system, which comprises the substance of the law, facilities, society and culture, and the officers enforcing the law. The effectiveness of law enforcement refers to the ideal combination of these aforementioned elements.
BOOK REVIEW MARITIME SECURITY AND INDONESIA: COOPERATION, INTERESTS AND STRATEGIES Darmawan, Aristyo Rizka
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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Senia Febrica in her book Maritime Security and Indonesia: Cooperation, Interests, and strategies provides a deep analysis of the maritime security challenges of Indonesia and how Indonesia responds to it. Indonesia as the largest archipelagic states in the world with a vast maritime zone ranging from archipelagic water, internal water, contiguous zone, continental shelf, and exclusive economic zone are facing a lot of threat from outside as well from inside Indonesia. Moreover, the fact that Indonesia is located in a strategic location for international trade routes such as Malacca strait made Indonesia’s strategies in dealing with maritime security threats more important.

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