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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. 11, No. 1" : 7 Documents clear
CRIMINISTRATIVE LAW: DEVELOPMENTS AND CHALLENGES IN INDONESIA Naibaho, Nathalina; Harkrisnowo, Harkristuti; AR, Suhariyono; Wibisana, Andri Gunawan
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive administrative sanctions. Several circumstances need to be considered in order to determine the appropriate sanction to fill the gap. This article also suggests the use of “una via principle” as an approach to unpack the gray area in the role of criminal and administrative law, specifically in tax law case.
THE ADMISSIBILITY OF EARTH OBSERVATION DATA IN LEGAL PROCEEDINGS: A CLOSER LOOK TOWARDS DATA IMAGING Muhammad, Alif Nurfakhri
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

Space capabilities utilization, specifically Earth observation capabilities is not just limited to environmental protection and disaster mitigation, as was shown in the UN Principles on Remote Sensing. It can also be used to support law enforcement and legal proceedings in court. However, the technology of Earth observation is very complex and the process from primary earth observation data to analyzed information requires a degree of manipulation to create comprehensive data. Because of this, there is an issue of admissibility of Earth observation data in court. This article would like to answer the fundamental question on how can this data be admissible, beginning with the procedure to obtain it and to ensure the authenticity of the data, and finds that there are methods of Data Imaging and Digital Audit that may ensure its authenticity. It will also find that obtaining this data for evidence requires a process of special agreement that needs to be looked at more in the future.
WHEN CHILDREN’S RIGHTS ARE AT STAKE, SHALL COURT REMAIN SILENT? ANALYSIS ON THE IMPLEMENTATION OF PASSIVITY OF JUDGE PRINCIPLE IN CHILD MARRIAGE DISPENSATION IN INDONESIA Susanti, Laras, Ms
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

This article explores the existence of asas hakim pasif (passivity of judge principle) in cases involving children in civil cases in Indonesia. As one of the basic principles in civil procedure, judges must be bound by the scope of the case and evidence brought by parties. The principle is not absolute, however, showing that under the Law on Judicial Power; judges are obliged to uphold justice by exploring law and social values more than often. A study case in marriage dispensation shows that judges are facing pluralism orders. Therefore, judges’ value and understanding of children’s rights is a determinant factor. Recently, the Law on Marriage Number 1 of 1974 was amended along with the enactment of Supreme Court Regulation Number 5 of 2019 on Guidance of Marriage Dispensation Examination, which provides better protection for children from child marriage, both in substantive and procedural rights. This article then recommends judges to be more active in deciding on child marriage by upholding the spirit of child protection and encourages the Supreme Court (Mahkamah Agung) to increase its activities to mainstreaming child protection issues.
KOMNAS HAM'S HUMAN RIGHTS JURISDICTION OVER BUSINESSES INVOLVED IN THE HAZE CRISIS Prinhandono, Iman; Hosen, Nadirsyah; Boom, Kelly
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia’s forest fires have caused a serious haze problem nationally and in the Southeast Asian region, which has caused harm to the rights to life, health and a healthy environment, work, education, and many others. The forest fires largely stem from harmful slash-and-burn methods of land clearing, done at large scales by corporations. Judicial mechanisms have proven ineffective to deter violating corporations and bring justice to victims. From a legal standpoint, Komnas HAM’s quasi-jurisdictional powers allow it to act as a non-judicial grievance mechanism for victims in the haze crisis and against violating corporations. However, issues with the non-binding nature of its reports and mediation, inability to compel violating corporations to participate in its investigation and mediation, as well as declining trust in Komnas HAM’s integrity may prove to be significant barriers to the effective exercise of jurisdiction and the provision of effective remedies to victims. Komnas HAM and ELSAM’s national human rights plan, issued in 2017, is a step in the right direction. However, further steps are required from a legislative standpoint to broaden Komnas HAM’s mandate for it to effectively perform its functions, in the haze crisis and beyond.
INEFFECTIVE REFUGEE STATUS DETERMINATION PROCESS: HINDRANCE TO DURABLE SOLUTION FOR REFUGEES RIGHTS AND PROTECTION Nordin, Rohaida; Nor, Norilyani Hj Md; Rofiee, Rosmainie
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

In any State of Asylum, the process of Refugee Status Determination (RSD) conducted by the United Nations High Commissioner for Refugees (UNHCR) is critical in facilitating asylumseekers to seek necessary protections. UNHCR ensures that asylum-seekers will not be returned involuntarily to the State of Origin where they could face persecution. As a long-term solution, UNHCR helps refugees to find appropriate and permanent solutions to their plights, either by repatriating them voluntarily to their homeland or assisting them to integrate into the States of Asylum or helping them to resettle in third States. In the absence of domestic legal protection in dealing with the refugees and asylum-seekers in Malaysia, a variety of operations are executed by UNHCR, including the admission, registration, documentation, and status determination of asylum seekers and refugees. To prevent the deportation of individuals qualified for international protection, UNHCR should reassess its RSD process in Malaysia, and consider alternative means that would be less burdensome and less risky for people who are fleeing violence and human rights violations. Primarily aimed at reassessing the RSD process in Malaysia using a doctrinal and comparative approach, the analysis is presented in four parts in this article. The first part provides for the definition and current statistics of refugee and asylum-seekers in Malaysia; the second part examines the mechanism of RSD conducted by UNHCR under international law; the third part focuses on how RSD operates in Malaysia; the last part reviews the mechanism of RSD in Indonesia and Brazil.
THE TECHNOLOGICAL LIMITS OF THE RULE OF LAW, AND THE PERSPECTIVE OF DEVELOPING STATES Lim, Hannah
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

The 4th industrial revolution and its attendant technologies have given rise to many discussions around the impact of technology on the rule of law. A fundamental premise of the rule of law is that it requires an effective sovereign to establish formal legality. The sovereigns undertaking this responsibility today are states. However, the digital spaces by their very nature challenge the ability of states to do so. Digital spaces present challenges to traditional territorial notions of jurisdiction resulting in their tendency to be “ungoverned”. Ungoverned digital spaces, as with their physical counterparts, are spaces where the rule of law does not operate. Moreover, ungoverned digital spaces can also impact governance in physical spaces. But not all states are equal, and each has unique social contexts to grapple with. Thus, in considering the questions around technology and the rule of law, it is necessary to consider the difference in contexts between states. Such topics are also generally discussed from the perspective of developed and industrialized states, where technology is most extensively developed and deployed. But the impact of the 4th industrial revolution is not limited to the developed world, and communities in developing states constantly engage with such technology, particularly with social media, even if such technology and platforms are developed elsewhere. This paper considers the impact of digital spaces on the rule of law from the perspectives of developing states, focusing on Southeast Asia.
Nine-Tenths of the Law: Enduring Dispossession in Indonesia Tuslian, Widya Naseva
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

In many developing countries, land ownership is something less established and not backed by long-standing legal protection as opposed to the developed countries. Indonesia is a case in point of those developing countries. In Indonesia, the struggle over land ownership has been something at all times. The conflicts over land ownership persist and develop alongside the times, political, and regime changes until the present day. Moreover, in the context of legal and institutional pluralism with multi-layers of rules and jurisdictions like in Indonesia, a claim over land can be made by many actors, which involves many authorities that govern it. Additionally, colonialism as a historical context adds another layer of intricacies of land conflicts and claims in Indonesia.

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