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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
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Search results for , issue "Vol. 13, No. 1" : 6 Documents clear
CHOOSING NOT TO CHOOSE IS A CHOICE: A NOBLE LESSON OF THE BADUY PEOPLE IN INTERPRETING NEUTRAL CHOICES IN VOTING IN GENERAL ELECTIONS Lestari, Ratih
Indonesia Law Review Vol. 13, No. 1
Publisher : UI Scholars Hub

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Abstract

Democracy can simply be interpreted as "the government of the people by the people and for the people". One of the pillars of democracy is elections, which are a means of forming power based on popular sovereignty. With elections, democracy can be run through a system that guarantees citizens the freedom to actively participate in politics. Article 22E paragraph (1) of the 1945 NRI Constitution, elections are held directly, publicly, freely, and confidentially. This means that every citizen who is already qualified has the right and freedom to choose and be selected and get the same treatment in accordance with applicable regulations. Political participation in society is interpreted differently, especially in the principle of freedom of choice. This article aims to explain how the Baduy people interpret neutrality by not participating in voting as a noble choice in the voting system in a democracy. The purpose of writing is to project a perspective on how the law should interpret the choices of how to vote in a democracy as a cultural property that must be respected. The research was conducted using a series of sociological procedures to support the process of analysis and legal reflection on the way Baduy people determine attitudes in voting mechanisms in the democratic process of elections.
THE TWO-WAY PROTECTIVE REGIME OF INTANGIBLE CULTURAL HERITAGE IN ARMED CONFLICT : APPLICATION OF MODERN LAWS IN AMALGAMATION WITH EARLIER VEDIC TRADITIONS. Saini, Shivesh
Indonesia Law Review Vol. 13, No. 1
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Abstract

The destruction of property has been dealt with in different conventions across International Humanitarian Law. These regulations, however, demand more clarity in light of constantly evolving warfare methods. One such aspect is the protection of digital intangible assets in several forms of armed conflict. The existing protection conferred to intangible assets is questionable and has been very little addressed in light of international law in contrast with tangible assets. Therefore, the paper seeks to demonstrate the enforceability of existing principles over intangible assets. In addition, there is explicit dependability of protection of these intangible cultural assets on cyber security. The cyber technology of contemporary times is abundantly capable to affect the social and cultural assets of the opponent adversely. Recognizing the paradigm shift, the paper entails the comprehensive efforts that should be realized to expand the applicability of international law. Concerning this, the response of the international regime mainly rests on the material aspects neglecting the spiritual aspect that could assist in safeguarding the intangible cultural assets. In this direction, the later part of the paper is concerned with the religions of the Indian-sub continent i.e. Hinduism in the Asian context. Its objective is to draw inspiration from multiple social and legal norms to further the cause of safeguarding the intangible heritage that has been disregarded for a long time. The article sought to demonstrate that cultural laws and traditions are well-equipped and more adequate in protecting the digital manifestation of these intangible assets.
REVERSAL BURDEN OF PROOF IN PROCESS OF PROVING MONEY LAUNDERING CASES IN INDONESIA Febriansyah, Artha; Zulfa, Eva Achjani; Yusuf, Muhammad; Banjarani, Desia
Indonesia Law Review Vol. 13, No. 1
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Abstract

The implementation of reversal burden of proof in money laundering cases still faces obstacles that cause suboptimal and ineffective in legal enforcement. It raises a debate regarding the existence of reversal burden of proof in the proving system, particularly the proof of the crime of money laundering. Based on this background, the problems in this research are related to the regulation and implementation of reversal burden of proof in the process of proving money laundering cases and the steps that can be taken in optimizing the application of reversal burden of proof in the process of proving money laundering cases. The method used in this research is normative research which is supported by empirical data. The results of the study shows that the regulation regarding the reversal burden of proof in the criminal justice system in Indonesia can be found in several Indonesian legal provisions. Regarding the implementation of the reversal burden of proof, Indonesia has several obstacles. These obstacles can be seen after researchers conducted field research on Judges and Prosecutors in Court jurisdictions who had handled money laundering cases with a nominal loss of 900 billion in Provinces that had high and medium risk of money laundering (in the vulnerable 2017 - 2019). To optimize criminal law enforcement, including the application of reversal burden of proof in the money laundering criminal justice system, it can be described based on the following variables: Legal Enforcement Knowledge Capacity; Ability to Actualize Norms; and Adequate Law Enforcement Instruments
Examining the Principle of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In the Corruption Case Nizzadro Fabio Asa, Simplexius
Indonesia Law Review Vol. 13, No. 1
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This study was designed as a normative research based on documentary research while the data is analyzed based on the court decisions and is presented in a qualitative descriptive manner, aiming to find out the essential meaning of the teachings of ignorantia facti excusat, ignorantia iuris non excusat, and to knowing the implementation of the principles of ignorantia facti excusat, ignorantia iuris non excusat. This is in the regulations and judicial practice in Indonesia through the views of the judges in decision Number 20/Pid.Sus-TPK/2022/PN. Kpg. The study found three main conclusions, namely first, the principle of ignorantia facti excusat, ignorantia iuris non excusat is discussed and examined within the framework of criminal responsibility which is inseparable from guilt. Secondly, in Indonesia, differences in legal treatment in terms of ignorance of facts and ignorance of the law are always explained in relation to mens rea or mental elements which are distinguished on two main points, namely intentionality and negligence. Deliberateness is further divided into three aspects, namely deliberately as an intention, deliberately as a certainty, and intentionality as a possibility. Third, in decision Number 20/Pid.Sus-TPK/2022/PN.Kpg., the principle of ignorantia facti excusat, ignorantia iuris non excusat is linked to unlawful nature and/or intentional elements as the main elements of Articles 2 and 3 of the Act Corruption Crime. In the judge's decision which was used as legal material in this study, the indictment was declared legally and convincingly not proven so that the defendant NF was acquitted.
PROMOTION OF CITIZENSHIP THROUGH MIGRATION: TAKING INTO COGNIZANCE THE PECULIARITIES OF MIGRANT Nnawulezi, Uche; Nwaechefu, Hilary
Indonesia Law Review Vol. 13, No. 1
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This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which has raised issues not only touching on immigrant's economic and social facilities, but on the burden of migration on citizenship issues of migrant's place of residence. It is therefore important to reiterate the fact that there is need to create a path where migrant may move from a temporary foreign resident to a permanent citizen. It is therefore advanced that measures adopted to address the bar against citizenship for migrants around the globe should take cognizance of their peculiarities. The study adopted analytical qualitative approach and builds it's argument on existing literatures which is achieved by synthesising ideas. It argued that State that have adopted the liberal approach to democratic ideals of the rule of law must guarantee and ensure that the basic principles of human rights are provided in their municipal laws as well as in global legal frameworks. Therefore, it is necessary to consider and examined how different migration policies have been used to promote citizenship and successful incorporation of migrants within their host countries.
CONTRADICTION OVER THE APPLICATION OF CORPORATE LIABILITY IN CORRUPTION COURT DECISIONS IN INDONESIA Suhariyanto, Budi; mustafa, cecep
Indonesia Law Review Vol. 13, No. 1
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Abstract

This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal offenses is taken from the lack of punishment of its management. These four models cause a contradiction in normative perspectives. This paper contributes to the understanding of the context in which The Anti-Corruption Law shaped the judicial interpretation of corporate criminal liability

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