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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 5 Documents
 1 
Search results for , issue "Vol. 12, No. 1" : 5 Documents clear
The Regulation of the Ownership of Flats by Foreigners after the Enactment of the Job Creation Law Salain, Made Suksma Prijandhini Devi; Palguna, I Dewa Gede; Widiatedja, I Gusti Ngurah Parikesit
Indonesia Law Review Vol. 12, No. 1
Publisher : UI Scholars Hub

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Abstract

The presence of foreigners in Indonesia for a long period certainly requires a place to live or a residential house. According to Article 144 (1) b of Job Creation Law, foreigners have the right to own flat units in Indonesia. Is this regulation intended to attract foreign investors? If it is yes, does not it contradictory to the “kenasionalan” principle stipulated in the Basic Agrarian Law (BAL) and other Indonesian regulations? This study is aimed to deal with those legal issues, by using the normative legal method. The result shows that the ownership right of flat units given to foreigners by the Job Creation Law is in contradiction with the “kenasionalan” principle, Article 33 paragraph (3) of the 1945 Constitution, and the BAL which only allows land/building use and lease right for foreigners. In addition, the regulation which allows the establishment of flats on land with building-use rights for a maximum of 80 (eighty) years raises a legal problem since such regulation had been revoked by the Constitutional Court of the Republic of Indonesia with its Decision Number 21-22/PUU-V/2007. Thus, the study recommends that the Government conduct a review of the regulation which allows foreigners to have ownership right to flat units under the Job Creation Law.
The Legal Problem of Aircraft Mortgage in Indonesia Wirsamulia­, Feri
Indonesia Law Review Vol. 12, No. 1
Publisher : UI Scholars Hub

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Abstract

This article aims to analyze the urgency of aircraft mortgage regulation to provide an alternative solution for airlines that requires a loan to maintain their cash flow sufficiently by placing their aircraft as debt collateral. Since the issuance of Law Number 1 of 2009 on Aviation, the provisions regarding aircraft mortgage as debt collateral was removed from the previous Aviation Law Number 15 of 1992. Article 12 Paragraph (1) of Law Number 15 of 1992, governed that aircraft could be subject to mortgages, however, this provision was abolished by the new Aviation Law Number 1 of 2009. Article 465 of the new Aviation Law explicitly states that all provisions in Law Number 15 of 1992 are no longer valid, meanwhile, Law Number 1 of 2009 on Aviation, in no way regulates aircraft mortgages. In practice, this legal vacuum has become a problem for airline companies to place their registered aircraft as collateral in form of a mortgage. Particularly in the Covid 19 pandemic, which until the end of 2021 has not ended yet, it has caused severe damages to the financial balances of many airlines due to the absence of passengers and restrictions to fly by the Government. The aircraft can be used as collateral or security interest for, for example, a working capital loan. This research is a normative study that will discuss and analyze the types of collateral over aircraft that are most likely to be carried out by airlines in Indonesia amid the unavailability of aircraft mortgage regulation. This article also attempts to find possibilities that may be engaged to solve the problem.
Conflicts of Laws and Jurisdictions in Indonesia-related Arbitrations Seated in Singapore – Perspectives From The Tribunal Bell, Gary F.
Indonesia Law Review Vol. 12, No. 1
Publisher : UI Scholars Hub

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Abstract

This article discusses the issues of conflicts of laws that may arise when the parties, including an Indonesian party, have a contract governed by Indonesian law which includes an arbitration clause that states that the seat of the arbitration is Singapore. After discussing the rules of conflict of laws applicable to the choice of a substantive law governing the contract and the arbitration clause, the article discusses the difficulties that parties and the tribunal often face in an arbitration in which Indonesian law is the governing law. It then discusses conflict rules affecting the validity of the arbitration agreement and the jurisdiction of the tribunal. It finally discusses two other potentially conflictual situations that may arise.
Intercountry Adoption in Taiwan Tsai, Hua Kai
Indonesia Law Review Vol. 12, No. 1
Publisher : UI Scholars Hub

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Abstract

Under the current choice-of-law rule concerning the intercountry adoption in the Taiwanese Private International Law Act, the adopter and the child should be governed by their national law respectively. The application of this rule is known as a distributive approach and the rule was made by reference to the old Japanese private international law. However, in 1989, Japanese law revised the choice-of-law rule on intercountry adoption and abandoned the distributive approach, due to the reason that such an approach tended to be construed as a cumulative approach by Japanese courts. Consequently, the formation of intercountry adoption in Japan turned out to be more difficult under the application of the cumulative approach. It made the adoptive parent governed not only by his or her national law, but also by the child’s national law, and vice versa for the child. Thus, this complicated approach has become the main reason for Japan to make a law reform on intercountry adoption in 1989 amendment of private international. The same situation is happening in Taiwan. Most Taiwanese courts falsely construe the choice-of-law rule on intercountry adoption as a cumulative approach. Unfortunately, the latest amendment on intercountry adoption in the Taiwanese private law act made no substantial change to the new provision. This article also argues that the application of hidden renvoi to intercountry adoption cases is not only contradictive to the objects of the theory of renvoi but also lacks theoretical justifications in private international law methods.
IMPLICATIONS OF NON-EXCLUSIVE CHOICE OF FORUM CLAUSES IN DETERMINING THE COMPETENT DISPUTE RESOLUTION FORUM IN INDONESIA Vickya, Alvansa; Allagan, Tiurma M.P.
Indonesia Law Review Vol. 12, No. 1
Publisher : UI Scholars Hub

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Abstract

This research aims to analyze the implications of a non-exclusive choice of forum clause in determining the competent dispute resolution forum in Indonesia based on theories related to Private International Law, International Contract Law, and International Civil Procedure Law. Based on the results of this research, the implications of the non-exclusive choice of forum clause in determining the competent dispute resolution forum in Indonesia have not been fully regulated by Indonesian laws and regulations. This can be seen from the use of the doctrines of forum non conveniens, lis pendens, and res judicata, the three of which are still not contained in the laws and regulations in Indonesia, even though there are already doctrines implied in Article 118 of HIR, namely the basis of presence and the principle of effectiveness. This shows that there is no legal certainty regarding a dispute in which the parties have a non-exclusive choice of forum. Therefore, it would be better if Indonesia had a written law about Private International Law and ratified the Hague Choice of Court Convention 2005 to provide certainty, justice, and legal benefits for every party who will act in the civil and commercial law field, especially in disputes arising from international contracts in which there is a non-exclusive choice of forum.

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