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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. 2" : 7 Documents clear
CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM Tan, David
Indonesia Law Review Vol. 10, No. 2
Publisher : UI Scholars Hub

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Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.
A BEHAVIORAL APPROACH TO BILATERAL COOPERATION ON CRIMINAL LAWS: A CASE STUDY ON INDONESIA’S EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES Citrawan, Harison; Fedian, Muhammad
Indonesia Law Review Vol. 10, No. 2
Publisher : UI Scholars Hub

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The effectiveness of bilateral agreements in the context of criminal law enforcement remains highly contested. In the Indonesian context, such bilateral cooperation classifies two modalities of indirect law enforcement systems, namely, extradition and mutual legal assistance (MLA) in criminal matters. This article attempts to explain these modalities through a behavioral and rational approach by taking Indonesia’s MLA treaty with Switzerland and its extradition treaty with the Russian Federation as a case study. From this approach, we argue that the state’s decision to cooperate implies the adoption of control and consensus models. However, these two models were induced by political preferences rather than the sole reliance on the maxim aut dedere aut judicare in criminal laws. At the domestic level, the attitudes of penal entrepreneurship and institutional arrangement showcase the multifaceted state’s rationality in deciding a treaty design in criminal law cooperation.
THE RISE AND THE FALL OF THE JURISDICTION OF INDONESIA'S ADMINISTRATIVE COURTS: IMPEDIMENTS AND PROSPECTS Simanjuntak, Enrico Parulian
Indonesia Law Review Vol. 10, No. 2
Publisher : UI Scholars Hub

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If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to the Administrative Court jurisdiction. In this paper, I will discuss to what extent the Administrative Courts have indeed changed, survived, and improved the administration of justice in their field. I will first provide a short overview of the original jurisdiction on the Administrative Court Act (ACA), followed by an analysis of the legal impact of the enactment of the Government Administration Act (GAA) and other relevant Law and Regulation. This paper demonstrated that Administrative Court jurisdiction expansion urgently required harmonization between the ACA and the GAA: the existing legal gap has been not sufficiently filled by the Supreme Court Regulation (SCR) or Supreme Court Circular (SCC).
FREEDOM OF SPEECH AND THE ROLE OF CONSTITUTIONAL COURTS: THE CASES OF INDONESIA AND SOUTH KOREA Chakim, M. Lutfi
Indonesia Law Review Vol. 10, No. 2
Publisher : UI Scholars Hub

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Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to institutionalizing freedom of speech as a permanent fixture of democracy by keeping the state institutions transparent and making the state responsive to public opinion and criticism. Although freedom of speech is not an absolute right and can be limited, the limitation should be done only under strict conditions, where it is required and proportionate. When dealing with freedom of speech cases in any future judgments, the Constitutional Courts should consider the proportionality test against State arguments. This method would allow the Courts to determine the limitation in freedom of speech cases.
HOW TO DESIGN GENETICALLY MODIFIED FOOD LABELING REGULATION IN INDONESIA - TAKING SCIENCE, TRADE LAW, AND INDONESIAN DEMANDS SERIOUSLY Wahidin, Dasep; Purnhagen, Kai Peter
Indonesia Law Review Vol. 10, No. 2
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The paper critically evaluates the current Indonesian genetically modified (GM) food labeling regime as it is embedded in the international trade law and policy system. This research proposes a GM food labeling regulation for Indonesia based on the socio-economic demands of Indonesia on the one hand and the demands of international trade law and policy on the other. It answers the following research questions: What are the legislative requirements for labelling of genetically modified organisms (GMOs) according to Indonesian law? How should Indonesian law on GM food labelling be designed to meet the interests of its peoples and provide access to foreign markets? We highlight the major weaknesses of the Indonesian GM food labelling law from the perspective chosen in this paper, such as the dependence on regulation from bigger trading blocs, lack of consideration for the socio-economic characteristics of Indonesia, and a low level of compliance. To overcome these shortcomingss, we propose a novel GM food labeling regulation for Indonesia that is based on the concept of Food Safety Objective/Appropriate Level of Protection (FSO/ALOP) applicable to developing countries.
THE POTENTIAL EFFECTS OF PIRACY ON THE ART-CRAFT INDUSTRY: A COMPARATIVE ANALYSIS OF NIGERIA AND INDONESIA Anele, Kalu Kingsley
Indonesia Law Review Vol. 10, No. 2
Publisher : UI Scholars Hub

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Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the availability of art-crafts, cultural heritage, and cultures but also coastal states that rely heavily on shipping for their economic development. The existence of art-crafts and cultural heritage also means that there are thriving tourism sectors and creative industries in both countries. Nonetheless, the spate of piratical attacks off the waters of Nigeria and Indonesia potentially threatens the economic and sociopolitical significance of art-craft, particularly in the exportation of art-craft items and the importation of materials for art-craft production, in both countries. Moreover, piracy threatens logistics in tourism in both countries, which depends on the art-craft industry for its sustenance. Also, piratical acts threaten the transportation of foreign tourists visiting tourist destinations in Nigeria and Indonesia. Thus, it becomes imperative to secure the transportation of people and art-craft items and materials through the sea to Nigeria and Indonesia. The paper argues that similar antipiracy measures can contribute to preventing piracy from affecting the art-craft industries in Nigeria and Indonesia, like strengthening piracy legal and institutional regime and cooperation among relevant stakeholders, especially neighboring countries, maritime organizations, and the shipping industry. The paper concludes by reiterating that though piratical attacks against vessels transporting art-craft items and materials have not been recorded, the incessant piratical acts off the waters of Nigeria and Indonesia suggest that attacks on vessels involved in the art-craft industry are imminent, and therefore, should be nipped in the bud.
BOOK REVIEW FATWA IN INDONESIA: AN ANALYSIS OF DOMINANT LEGAL IDEAS AND MORE OF THOUGHT OF FATWA-MAKING AGENCIES AND THEIR IMPLICATIONS IN THE POST-NEW ORDER PERIOD Susetyo, Heru
Indonesia Law Review Vol. 10, No. 2
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The book was written by Dr. Pradana Boy ZTF, a lecturer at Faculty of Islamic Studies Universitas Muhammadiyah Malang, and a prominent scholar of Muhammadiyah is derived from his dissertation at the National University of Singapore (NUS) in 2015. This book looks at fatwa in Indonesia during the fall of President Suharto (New Order) in 1998. It is about the exploration of three fatwa-making agencies namely Majelis Ulama Indonesia (Indonesian Council of Ulama), Lajnah Bahtsul Masail Nahdlatul Ulama (‘Bahtsul Masail’ means discussion of the problems), and Majelis Tarjih Muhammadiyah (‘Majelis Tarjih’ means ‘Assessment Council’).

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