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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. 11, No. 3" : 6 Documents clear
An Overview Of The Regulations Of Corporate Social Responsibility (CSR) Labelled Product Zaid, Zaid
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral foundation and legal certainty and ensure that all interests are maintained. The findings of this study imply that product labeling is a must in an ethical review as well as a legal obligation in order to achieve a fair trade by safeguarding and ensuring the interests of stakeholders. The scope of the law and social responsibility from product labels is not only for humans which includes the protection of social or consumer welfare but also includes the planet which includes the protection of the environment, to animals which include the protection of animal welfare.
Advocating the Temporary Rights to Work for Refugees and Asylum Seekers in Transit in Indonesia Sianturi, Marupa Hasudungan; Viartasiwi, Nino
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Refugees and asylum seekers are stuck in three to unknown years of protracted transit in Indonesia in their route to reach a destination country. The status of foreign refugees and asylum seekers has deprived them access to basic human needs such as the right to earn a living, education, and healthcare service. This study focuses on the issue of the prohibition to work for refugees and asylum seekers by reviewing the law and regulation concerning refugee protection, rights to work for foreigners, and fundamental human rights. In addition, a review of international norms and conventions on human rights, as well as a focus group discussion with academia on the topic of access to work for refugees, were also conducted. The main questions to be addressed are: first, what is the legal basis for the policy to deprive the rights to work for refugees and asylum seekers in Indonesia? Second, is the regulation used as the legal basis for the policy coherent with other regulations? Third, the study also probes the possible regulations that will allow access to work. Finally, the study departs from the standpoint that while deprivation to work is inherently a human rights violation, the state's right to protect economic wellbeing from presumed threats for its citizens is also rightful. As a contribution to the discourse, this study offers a perspective that can be used as the basis for a legal breakthrough for refugees and asylum seekers access to the economy that balances the need to respect refugees' human rights and accommodate state concerns regarding job security and economy for the citizens.
REGULATING DATA EXCLUSIVITY OF RIDE-HAILING SERVICE IN INDONESIAN COMPETITION LAW Diasti, Annisa Rahma
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

The digital ride-hailing service platforms have advanced significantly due to technological development. It resulted in lower consumer costs and better-quality service. Thus, consumers opted for such platforms more than the conventional transportation, resulting in their exponential growth over the years such as Gojek and Grab in Indonesia. Their strong market position was achieved quickly, facilitated by innovation advantages such as indirect network effects and algorithm-based analysis of users’ past data. Ultimately, data has become a barrier for potential competitors to entering the market. Simultaneously, the incumbents or the dominant market holders likely to use a technology-based strategy by keeping access to such data closed and inaccessible, maintaining their market position. Its strategy might fall under exclusionary abuse, a behavior that intends to protect and increase platforms’ dominant position. Thus, such action can be harmful to healthy competition and impede inclusive growth in ride-hailing services’ market competition. In this paper, the author will argue that refusal to grant data access should be regulated as a part of Indonesia Competition Law’s exclusionary conduct and remedied using mandated data portability.
LEGAL INTROSPECTION TOWARDS THE DEVELOPMENT OF RIGHT TO PRIVACY AS FUNDAMENTAL RIGHT IN INDIA Thaorey, Payal
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been significant in India, from being completely ignored during the drafting of the Indian constitution till recognising it as one of the essential component of right to life of an individual. This development can be measured in the case by case development of ‘right to privacy’ by the Indian judiciary. Further at times, the law making bodies along with the judiciary has taken cognizance of the reflections of contemporary social and technological changes on the individual’s right to privacy. This paper will focus on the evolution of the concept of Privacy and its inclusion under the Constitution of India under Part III as a fundamental right. The paper will also discuss the understanding and application of right to privacy with reference to the technological developments and social media in India.
Establishing A Legitimate Indonesia’s Government Electronic Surveillance Regulation: A Comparison with The U.S. Legal Practices Fatihah, Citra Yuda Nur
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information has just issued the implementing regulation called the Ministerial Regulation Number 5 of 2020. This Ministerial Regulation has several debatable articles and provisions, such as regarding the registration obligation, the content management and safe harbor concept, as well as the censorship issues, and the access availability to government. This article would like to address and examine whether it's lawful for Indonesian government institutions or law enforcers to request such an access to electronic systems and users’ personal data from the Electronic Systems Operators or internet service providers for surveillance and law enforcement purposes. The article then provides legal steps or procedures as well as legal recommendations that Indonesian government entities must follow before conducting such a legitimate electronic cyber operation. This article will also compare those Indonesia’s digital surveillance practices with the United States legal practices and lesson-learned on government surveillance.
An Ineffective Institutional Investors Law in Indonesia? Why Bother Lie, Luther; Dewi, Yetty Komalasari
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Corporate governance failures are one of the major factors that have crippled the Indonesian economy through financial crises. In response, the OECD has prescribed Principles II and III of the G20/OECD Principles of Corporate Governance to ensure the rights and equitable treatment of all shareholders and the acknowledged role of institutional investors in improving corporate governance. Institutional investors play a significant role as corporate monitors in protecting the public investors’ money and improving corporate financial performance. They are therefore acknowledged as the policies of economic crises, creators of firm values, and drivers of economic development. However, as this paper explains, the existing legal framework of institutional investors in Indonesia is implicit and inadequate to comply with these Principles. It draws hard lessons from, for example, the Malaysian legal framework of institutional investors, which are advanced but flawed, paving for the exceptional 1MDB multibillion dollars of corruption and political mayhems. Stakeholder governance on institutional investors that leaves to private ordering and makes government intervention unnecessary is counterproductive to protect the interests of stakeholders. This paper proposes the rules of the game for institutional investors in Indonesia that could maintain their nimbleness to drive corporate financial performance and economic development.

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