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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. 2" : 6 Documents clear
Import Policy of Genetically Modified Organisms Versus Food Sovereignty in Indonesia Sari, Berlian
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

Genetically Modified Organisms (GMOs) are a product that is traded between countries, but there is still a polemic about the risks of their consumption. Furthermore, in the trade sector, large GMO imports will undoubtedly cause losses in domestic products, particularly in the agricultural sector. This has become more urgent following changes to Law No. 11 of 2020 on Job Creation, one of which removes the import prohibition provision. As a result, this policy may be harmful and does not reflect Indonesia's efforts to achieve food sovereignty. This study is limited to examining the impact of GMO import regulations on the Job Creation Law. This is a doctrinal legal study that employs statutory and comparative approaches. According to the findings of the study, the elimination of import provisions in the Job Creation Law leads to increased GMO imports and does not achieve food sovereignty in Indonesia. As a result, it is critical to rebuilding the Job Creation Law by making imports a last resort. Without strict restrictions on the import of GMO products, this clearly harms the interests of local farmers and does not support Indonesia's food sovereignty movement.
MORALITY IN LAW: AN ANALYSIS TOWARDS THE LEGAL PHILOSOPHY AND INDONESIA NATIONAL LEGAL SYSTEM Adhari, Ade; Sitabuana, Tundjung; Aprilia, Indah Siti
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) the moral position according to naturalism, positivism, and interpretivism perspective along with the adjustment of positivism view in morality within the law; and (2) the moral position in Indonesia national legal system as every country has its own legal reasoning pattern about moral in the law. The content of this paper is analyzed using the normative juridical legal research method. The result shows that: (1) Each naturalism, positivism, or interpretivism has its own argument on how morals are found, why morals are important to be incorporated in the law, and what legal goals they most upheld; and (2) Indonesia reasoning pattern exhibits the combination of several philosophy of law schools characteristics. The position of morals in Indonesia alone, has a similarity to naturalism and interpretivism because from the very beginning of law-making process up to the implementation, Indonesia can not separate moral from the law.
Understanding the Typology of Health Sector Corruption in Indonesia Juwita, Ratna
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption in the health sector. Thirdly, the typology will be utilised to assess whether anti-corruption measures in the health sector are fit to combat such health sector corruption. Based on the judgments collection studies, the typology of health sector corruption in Indonesia is divided into three types. These are grand corruption in the procurement process, obstruction of the justice process by cooperation between the corruptors and law enforcement agencies, and corruption related to decentralisation. By understanding the typology of health sector corruption, a number of targeted measures to strengthen the current anticorruption measures are proposed. These measures are: strengthen the mandatory e-procurement system, combat impunity by increasing anti-corruption awareness and discipline for the law enforcement agencies, and address the personal reasons why corruptors commit corruption by conducting targeted studies of this issue and apply a human rights approach to the current anticorruption measures.
The Implementation of The Religion Rights for Transgender In Indonesia Budhi, Ratih Andani Setyo
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library and internet research complemented by primary legal sources such as legislation and case law in discussing the research materials. Through in-depth discussion in this article, the Author supports the notion that Indonesia must enhance its commitment to protecting all kinds of genders, particularly in the issue of religion through the existence of a particular law for religion. The Author also encourages the government to draft a specific law related to religion. Finally, this research concludes that at this moment transgender has certainly limited opportunities to perform their religions in the public sphere due to insufficient respect given by society.
The Future of Freedom of Press in Indonesia After the Personal Data Protection Law Era Sumarwan, Untung; Hidayat, Arief; ALW, Lita Tyesta
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential for criminalization. One of the weaknesses of this law regarding press freedom, for example, is that the PDP Law does not provide exceptions for using personal data for public purposes. This certainly narrows the working space of the press, especially in uncovering cases or crimes committed by public officials. This paper explains how the PDP Law only focuses on efforts to protect privacy but does not look further into other aspects that can intersect and impact it, such as how personal data and privacy are linked in the journalistic realm. Furthermore, several articles in the PDP Law can further hinder the press from working. First, this arrangement does not exclude personal data from investigations conducted by the press, both specific and general personal data. The non-ideal arrangement in the PDP Law can cause problems in its implementation practices, especially concerning the function of the press in Indonesia. For this reason, it is necessary to amend the provisions in the Press Law to guarantee press freedom in the future.
Indonesian Capital Market Investor Protection in Cases of Embezzlement Nefi, Arman; Adiwarman, Adiwarman
Indonesia Law Review Vol. 13, No. 2
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Abstract

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly indicated to be in the realm of embezzlement in the capital market have become the subject of a comprehensive study, with the main characteristic being that the victims are massive, and even more investors suffer losses. Testing through elements of fraud, market manipulation and insider trading did not meet the requirements, however where it is viewed from the elements of the embezzlement, this is more appropriate. However, the Capital Market Law does not have a specific article on embezzlement, which finally direct to Criminal Code with a lighter sanction. Based on such findings and facts, it is necessary to amend the Indonesian Capital Market Law to reach embezzlement.

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