cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Patricia Rinwigati Waagstein
Contact Email
ilrev@ui.ac.id
Phone
-
Journal Mail Official
ilrev@ui.ac.id
Editorial Address
DRC Office Building F 3rd Floor, Faculty of Law University of Indonesia, Depok - 16424
Location
Kota depok,
Jawa barat
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. 12, No. 2" : 6 Documents clear
An Analytical Study on Legal Validity of Online Dispute Resolution (ODR) System in India and Indonesia Nikam, Dr Rahul; Nongthombam, Bangkim Singh
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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

Abstract

Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism to settle disputes among the parties? Keeping in context the preceding query, the present research resorted tracing the laws relevant to the use of ODR mechanism in India and Indonesia, as their present legal framework of arbitration addressing dispute resolution through the ODR mechanism lack specific laws. The present research adopts a mixed method using both primary and secondary data for tracing and comparison the ODR system in India and Indonesia. It is concluded that ODR deliverance are valid and enforceable in the present legal framework of both the countries. Therefore, people must not be doubtful while using ODR mechanism to settle their disputes. It also demonstrates that an ample scope is there in the existing laws of both the countries to accommodate and enhance the overall process and deliverance of ODR mechanism through amendments and separate guidelines.
Sanctioning Ideas: Alternative International Law Argument in Defence of Indonesia’s Ideological Curtailment on Societal Organization Esratian, Billy
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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

Abstract

Engulfed in a constant ideological challenge from various societal organizations, Indonesia inflicts an ideological curtailment measure as an attempt to defend the reign of its state ideology, Pancasila. To this end, societal organization is barred to actively adopt, develop, and spread any teaching or idea which contradicts Pancasila. From international law standpoint, assertion over the measure’s incompatibility with human rights norms emerges. Although, a portion of the justification conveyed by the Government of Indonesia did stipulate a reference to international human rights law regime by virtue of the invocation of state of emergency and a presumably regional norm, such defence is shaky at best when being confronted with the temporal nature of state of emergency and the high threshold to ascertain a regional customary international law. This Article, therefore, proposes an alternative defence for such curtailment measure from international law perspective. In doing so, this Article will first delve to pinpoint the ideological issue within the corpus of international law. Subsequently, by navigating through international conventions and jurisprudences, it will establish conceivable justifications for Indonesia’s ideological curtailment. Finally, this Article will also observe the looming challenges and opportunities as Indonesia embraces a restrictive approach to societal organization existing under its jurisdiction.
Rediscovery of The Living Law in Natural Disaster Mitigation in Majene Regency, West Sulawesi Province, Indonesia Bakri, Rahmat; Sulbadana, Sulbadana; Saharuddin3, Saharuddin; Ahmad, Asria Wayuni
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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

Abstract

The living law and state law are two schools of law that are always dialectical in the development of law in a country. If the two can be synergized properly, then the legal function will run effectively and the legal objectives will be achieved. In the context of natural disaster mitigation in Indonesia, the synergy between the living law and state law can be proposed as a solution to streamline the various existing laws. This study aims to reidentify natural disaster mitigation models a previous result of the collective creativity of the people of Totolisi Sendana Village, Majene Regency, West Sulawesi Province in responding to the 1969 earthquake and tsunami. As a living law, mitigation models that have been institutionalized can remain relevant in the face of similar events in the future as long as they are adapted to the dynamics of community development and integrated with various positive laws established by the state.
THE NON-APPLICATIONS OF GOOD FAITH, TRUST, AND CONFIDENTIALITY IN ARBITRATION: A STUDY OF THE ANNULMENT CASES IN INDONESIA Roosdiono, Anangga W.; Taqwa, Muhamad Dzadit; Salsabila, Mayta Ciara
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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

Abstract

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for these people just to pause the execution of the arbitral awards, makes their cases become open for the public, and even puts the final-and-binding status of the awards in question. On the other hand, there are still a few cases showing that such errors, made by the tribunals or the winning parties, occurred. From these cases, this paper is to question whether the existence of annulment is the key factor of the non-applications of these three principles or the tool to prevent the non-applications. First, a descriptive comprehension of these principles is elaborated. Afterwards, the annulment mechanism, provided by Article 70 of Law 30 of 1999 on Arbitration and Alternative Dispute Resolutions, is comprehended to see its nature and practical implications. At the end, some annulment cases are dissected to answer the research question.
Most Favoured Nation Clause: Unleashing its Legal Potential in Favour of Foreign Investors in Renewable Energy Sector Ghaziani, Mohammad Akefi; Ghaziani, Vahid Akefi; Ghaziani, Moosa Akefi, Dr.
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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

Abstract

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured Nation Treatment (MFN) is among these. Hence to analyse the potential role of MFN in the context of the renewable energy transition is significant. This article sheds light on this dilemma by expounding on the concept of MFN, analysing the MFN clauses under IIAs, and its relevance in terms of renewable energy investment protection. It concludes that the application of MFN has been especially problematic since it is incorporated somewhat differently in the international investment and trade regimes. While it is one of the basic principles of WTO, it remains among the least successful provisions in investor-State arbitration. Despite its nearly ubiquitous usage, the interpretation of the MFN clause and its scope of application has been disputable so far. IIAs contain different MFN clauses with various exemptions, and the arbitral practice has demonstrated several divergent decisions that other tribunals and legal scholars feel should be subject to a more focused review.
The Feud of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle of Good Faith (Bona Fides) in Indonesian Courts Yonatan, Yonatan; Agustina, Rosa
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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

Abstract

Abstract A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles that defend the interests of the Original Owner when suing a Good Faith Purchaser. On the other hand, the legal principle of good faith (bona fides) defends and protects Good Faith Purchaser from claims by the real Original Owner. This article discusses and presents 3 (three) main points, all of which are: firstly, analyzing the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule), and the legal principle of good faith (Bona Fides); secondly, analyzing the types of claims and determine the most appropriate type of claim for disputes over ownership of immovable property between the real Original Owner and the Good Faith Purchaser; lastly, doing an analysis on how to conceptualize good faith. The research method used in this article is normative juridical research with statutory, case and conceptual approaches. There are several research findings, namely; first, there has been a shift in the paradigm of judges who are initially more inclined to defend the Good Faith Purchaser than the real Original Owner, to become more neutral in placing the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) with the principle of good faith (Bona Fides); second, the application of procedural law practices regarding types of claims for ownership disputes between the real Original Owner and the Good Faith Purchaser, which is commonly used in practice, turns out to be inappropriate; finally, conceptualizing good faith is done by conceptualizing bad faith based on the permanent jurisprudence of court decisions. Keywords: nemo plus iuris, nemo dat, bona fides, good faith.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol. 15, No. 2 Vol. 15, No. 1 Vol. 14, No. 4 Vol. 14, No. 3 Vol. 14, No. 2 Vol. 14, No. 1 Vol. 13, No. 3 Vol. 13, No. 2 Vol. 13, No. 1 Vol. 12, No. 3 Vol. 12, No. 2 Vol. 12, No. 1 Vol. 11, No. 3 Vol. 11, No. 2 Vol. 11, No. 1 Vol. 10, No. 3 Vol. 10, No. 2 Vol. 10, No. 1 Vol. 9, No. 3 Vol. 9, No. 2 Vol. 9, No. 1 Vol. 8, No. 3 Vol. 8, No. 2 Vol. 8, No. 1 Vol. 7, No. 3 Vol. 7, No. 2 Vol. 7, No. 1 Vol. 6, No. 3 Vol. 6, No. 2 Vol. 6, No. 1 Vol. 5, No. 3 Vol. 5, No. 2 Vol. 5, No. 1 Vol. 4, No. 3 Vol. 4, No. 2 Vol. 4, No. 1 Vol. 3, No. 3 Vol. 3, No. 2 Vol. 3, No. 1 Vol. 2, No. 3 Vol. 2, No. 2 Vol. 2, No. 1 Vol. 1, No. 3 Vol. 1, No. 2 Vol. 1, No. 1 More Issue