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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
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Search results for , issue "Vol. 14, No. 1" : 5 Documents clear
THE ULTIMUM REMEDIUM PRINCIPAL FORMULATION POLICY IS PARTIAL IN NATURE IN CORPORATE CRIMINALITY IN INDONESIA Adhari, Ade; Pujiyono, Pujiyono; Sidharta, Sidharta; Aprilia, Indah Siti
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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Abstract

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, paying off import duties that are not or underpaid or after paying off excise that is not and/or underpaid. From this policy formulation, it can be seen that the principle of ultimum remedium in corporate punishment is partial.
REGULATING FOOD WASTE MANAGEMENT IN INDONESIA: DO WE NEED AN OMNIBUS LAW (AGAIN)? Satyawati, Ni Gusti Ayu Dyah; Suyatna, I Nyoman; Gede Arya Sumerta Yasa, Putu; Palguna, I Dewa Gede; Rajaratnam, Nadeeka
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste management in Indonesia. This paper suggests that statutory regulations have indicated an initial concern about food waste; however, they do not provide a strict mandatory obligation to relevant stakeholders. Indonesia may use Europe’s remarkable achievements as lessons learned in initiating a comprehensive legal framework for food waste in the future. This paper, therefore, proposes a Law on Sustainable Food System as an ius constituendum to figure out a comprehensive solution for combining food management and environmental sustainability needs. In terms of legislative drafting, an omnibus law seemed suitable for drafting such a law, which crosses different legal regimes, and the existing provisions are spread in various regulations.
THE PRESERVATION OF MARINE FISHERIES RESOURCES WITHIN ASEAN NATIONS’ EEZ Kurnia, Ida
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also conducted from secondary law materials such as international journals and books. It should be noted that the preservation of marine fisheries within ASEAN region has always been a topic that needs to be continuously improved. The urgency to escalate the preservation efforts can be seen in various programs conducted through Ministerial Understanding on Fisheries Cooperation in 1983, as a form of understanding and cooperation between ASEAN nations for the development, management, and conservation of marine fisheries resources within ASEAN EEZ region. Moreover, ASEAN also carried out collaborative efforts for marine fisheries conservation through ASEAN Policy of the General Fisheries Policy Feasibility Study (AGFP). AGFP regulate the ASEAN marine fisheries sector and encompassed 15 focus areas, including marine fisheries resources management, countermeasures against Illegal, Unreported and Unregulated (IUU) Fishing, research on marine fisheries, food security, international trade, animal health, conservation of habitat, and management of marine debris and garbage. The policy was ultimately established by the ASEAN nations member as a Working Unit Forum named The ASEAN Sectoral Working Group on Fisheries (ASWGFi) to realize the vision and mission of AGFP. Efforts to overcome this challenge are laid out by committing to preserve marine fisheries resources in ASEAN nation’s regions, focusing on protecting marine biodiversity – especially marine fisheries resources, encouraging economic and social sustainability, while ensuring food availability and security for the future.
Enforcement of International Investment Arbitration Awards: Comparative Lessons from Indonesia and China Yuan, Luo Yuan; Abdullah, Abdul Gani, Prof.; Sumartono, Gatot
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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The current world has various methods to resolute the investment dispute, while the main reason which should be largely taken into account when people choose the way to resolve the dispute is whether the recognition and enforcement of the resolution is effective or not. As the most popular resolution chosen for investment dispute, the international arbitration is playing the most crucial role on the current stage. The article focuses on the comparative study on the recognition and enforcement of International Investment Arbitration Award between Indonesia and China. The research addresses two questions namely: (1) how to make the dispute settlement mechanism of investment arbitration in Indonesia more effective; and (2) whether China should establish an arbitration investment dispute mechanism and what kind of mechanism if it should. The research uses the qualitative data to elaborate, and the sources will be more presented by the secondary data, such as the treaties, laws, regulations and cases. The descriptive measurement will be mainly taken in this article. Besides, the various analyses are used to interpret the meanings in the data. Based on the research, several problems from both Indonesia and China have been found, namely, even though Indonesia has established the relevant mechanism, the blur and unclear regulations for the process and the unpractical requirement for documents have been the obstacles for practicing. The problem for China is that the mechanism has not yet established. There are some solutions to solve those problems, including for Indonesia, detailing each process, confirming the competent authority and illustrating the condition for annulment, providing the public with relevant information, revising the requirement for submission of the certain documents. While for China, the government should eliminate interfering the use of Public Order, the Judicial Review and the State Immunity, and establish the mechanism from the perspectives of the theory and the practice.
The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment Surya Nagara, Airlangga; Adi, Elisabeth Ayu Puspita
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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This Cases of sexual violence are rife, including in universities. Data compiled by Komnas Perempuan shows that during 2015-2021, out of 67 reported cases of sexual violence against women, 35 cases occurred in universities. To overcome this, the government has issued the PPKS Permendikbud, and the TPKS Law. In fact, the existence of these regulations has not had a significant impact. It is proven that in 2022, there were 49 reports of sexual violence in universities received by the Ministry of Education and Culture's PPKS Working Group. Even as of May 2023, reports regarding sexual violence in universities are still occurring. The purpose of this research is to find an ideal model for overcoming sexual violence in the higher education environment. For this reason, normative legal research is carried out which is prescriptive in nature. Secondary data obtained through library research was processed and analyzed qualitatively. The results of the study show that overcoming sexual violence through regulation alone is still not enough. Because the causes that dominate sexual violence are institutionalized patriarchal culture, unequal social structures, and community stigmatization, the prevention of sexual violence must be accompanied by instilling and cultivating local wisdom values based on morality, ethical behavior, and civility in the dynamics of community interaction.

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