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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. 2" : 7 Documents clear
Unravel Persistent Land Tenure Insecurity Behind Indonesia’s Palm Oil Industry: Study case Kinipan Indigenous Community in Central Kalimantan. Tuslian, Widya Naseva
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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Abstract

This paper argues that legal pluralism within the context of state law contributes to tenure insecurity experienced by indigenous communities behind the palm oil industry in Indonesia. The palm oil industry is an industry that contributes significantly to Indonesia's economy and is a mainstay of national export. However, this industry is also renowned for bringing multidimensional issues such as ecological problems, biodiversity crises, and land conflict with existing inhabitants, particularly indigenous groups. The latter issue is peculiar in Indonesia's palm oil industries as, in many cases, palm oil projects overlapped with indigenous people's forest land or places where they reside. Moreover, talking about the land rights of an indigenous group in Indonesia, especially in the context of palm oil sectors, will always involve various state legal norms and institutions, which, unfortunately, in most cases render uncertainty which is harmful to indigenous people's tenure security. This paper also put forward that the law-making process that primarily holds up economic rationality and favors large palm oil corporations results in various contradicted legal products that are detrimental to the acknowledgement of indigenous community's existence and their land rights. Taking the Kinipan Indigenous group in Central Kalimantan as a case study, this paper primarily discusses the general pattern of tenure insecurity experienced by the Indigenous community in Indonesia in facing the large-scale palm oil corporations.
Limiting the Legality of Determining Suspects in Indonesia Pre-Trial System Suarda, I Gede Widhiana; Taufiqurrohman, Moch. Marsa; Priambudi, Zaki
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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Abstract

This article aims to examine what the pre-trial judges consider in determining whether a suspect's determination is legal. The basis of the reason "not based on the provisions and legal procedures in force" is a pre-trial petition. Including examining whether the Notification Letter for the Commencement of Investigation has not been submitted to the Reported Party and the Reporting Party, it can be used as a basis for the judge's consideration to judge the legality of the determination of the suspect. This article uses a legal research method through a statutory, conceptual, and case approach. This article finds that after the issuance of the Constitutional Court Decision Number 21 / PUU-XII / 2014 and the Supreme Court Regulation Number 4 of 2016, the fulfillment of preliminary evidence, namely that two valid tools of evidence constitute the absolute standard of determining the suspect. Besides, in terms of proof, pre-trial only assesses the validity of formal aspects, which incidentally do not touch the case's subject matter. An application for the cancellation of a suspect's status, for whatever reason, cannot be granted if the initial evidence is not fulfilled, namely the two tools of evidence listed in Article 184 paragraph (1) of the Law of Criminal Procedure (KUHAP). Ultimately, this study recommends the need for affirmation in terms of determining suspects through changing the parameters for deciding suspects in Article 1 point 11 of the Draft of the Law of Criminal Procedure from what was originally only based on "...sufficient preliminary evidence" to "...the fulfillment of two tools of evidence contained in Article 175 paragraph (1) of the Law of Criminal Procedure" to achieve legal certainty and fulfill the suspect's human rights.
Principle of Simple, Speedy, and Low-Cost Trial and The Problem of Asset Recovery in Indonesia Nelson, Febby Mutiara; Santoso, Topo
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption that should be able to follow the concept of justice in a simple, speedy manner and at low cost.
WANDERING WITH ARTIFICIAL INTELLIGENCE AND ITS OBSCURE LEGAL LIABILITY Nur Fauzan, Muhammad Pasha; Amarta, Darian; Tobias, Evan; Ricardo, Vikri; G., Melania Fidela
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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Abstract

The high level of autonomy of AI will raise the problem of legal liability at some point in the future. If AI’s behaviour causes an illegal consequence, who to held liable? This article will explore the problem concerning legal liability of AI into two main discussion. The first discussion will explore the possibility of imposing legal liability of AI to human. This part will discuss various available option to solve the AI liability problem by imposing legal liability on either users or manufacturers. While the second discussion will explore the possibility of imposing legal liability of AI to AI itself. This part is a different discussion area based on experimental of legal thinking and hypothetical scenario to test the possibility of imposing legal liability on AI either as artificial person just like corporation or as natural person just like human. This article concludes that imposing legal liability on both users and manufacturer are very problematic. Meanwhile, imposing legal liability on AI itself faces a serious philosophical and sociological challenge.
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration Ghaziani, Moosa Akefi; Ghaziani, Mohammad Akefi
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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Abstract

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments contain a mixture of obligations that have direct or indirect effects. Expropriation provisions which are often crystallised in the form of ‘a duty not to expropriate’ are among these obligations. This article analytically describes the legal aspects of this standard and proposes the trends that can better protect the foreign investments in this sector; a factor without which the foreign investors would normally be reluctant to invest. It concludes that restricted police power, guarantees of transfer, and a full compensation standard that entails the payment of compound interest are the prominent legal features that can best perform this task.
Juvenile delinquency: theory, reality, and reasons in Vietnam Trang, Nguyen Thu
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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Abstract

The article studies one of the socio-legal phenomena that are always concerned by the Vietnamese government, which is juvenile delinquency. Since the birth of criminal law, especially in the modern era, this particular subject has always been a special concern for countries. First of all, the article delves into the research community in Vietnam to understand the term and definition of crime. Since then, the author has laid out a theoretical basis for the phenomenon of juvenile delinquency in Vietnamese criminology. Like most other types of crime, juvenile crimes also have their origins in society, but they also have their characteristics, requiring appropriate policies and preventive measures. The mainly used methods are analysis and comparison of data to clarify the trend and structure of juvenile delinquency in Vietnam in recent years. Finally, to explain the movement of juvenile delinquency, the author has focused on analyzing sociological causes related to the social environment around the child. Research results show that juvenile crime in Vietnam is showing positive signs. That is primarily thanks to the State of Vietnam always focusing on developing policies, as well as updating the legal document system to regulate this issue well.
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration Ghaziani, Moosa Akefi; Ghaziani, Mohammad Akefi
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments contain a mixture of obligations that have direct or indirect effects. Expropriation provisions which are often crystallised in the form of ‘a duty not to expropriate’ are among these obligations. This article analytically describes the legal aspects of this criterion and proposes trends that can better protect the foreign investments inter alia in this sector; a factor without which the foreign investors are normally reluctant to invest. It is concluded that restricted police power, guarantees of transfer, and a full compensation standard that entails the payment of compound interest are the prominent legal features that can best perform this task.

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