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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
 1 
Search results for , issue "Vol. 14, No. 3" : 6 Documents clear
Participation of Trans-Women in Females' Sports Competitions: Fairness vs. Rights to Participating in Sports? Taqwa, Muhamad Dzadit; Carofin, Valentino Rafael; Gloria, Stefanie; Tjiang, Alvin
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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Abstract

A trans-woman is someone who is biologically male at birth and then undergoes gender-affirming surgery, which can include genital feminization surgery, or may not undergo gender-affirming surgery but undergoes other therapies such as cross-sex hormone therapy or other physical organ surgeries apart from genital surgery, in order to be identified as a woman. The participation of trans-women in females' sports has sparked a debate, addressing issues of fairness on one side and transgender rights to participate in sports on the other. The fairness argument is based on the physical advantages that males have when competing against females. Generally, male athletes will outperform female athletes in most sports. On the other hand, the prohibition of trans-women from participating in females' sports is considered discriminatory and not respecting transgender individuals' right to participate in sports. This issue continues to be discussed because many female athletes complain about the presence of trans-women athletes in their competitions, as even rigorous training may not enable them to become champions. On the other hand, what solutions can be offered by the state to trans-women who want to become athletes? Through exploration in this article, the answer to this problem cannot be a gray area or middle ground but rather a choice between protecting women's rights in sports to excel or allowing trans-women the right to compete in the women's category; only one can be chosen. Alternatively, another option is to allow trans-women to compete in sports but in the new category, namely transgender category.
THE URGENCY OF ARTIFICIAL INTELLIGENCE CODE OF ETHICS Sitabuana, Tundjung Herning; Sanjaya, Dixon; Amri, Ibra Fulenzi; Nethan, Nethan
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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Abstract

The era of artificial intelligence has become a characteristic of industrial era 5.0 which has been used in various aspects. Potential economic value of AI has driven various forms of AI innovation development. Exploration of AI tends to override negative impacts of such developments. The emergence of ethical issues with presence of AI encourages the need for a law-based approach to establishing ethical standards to protect entire Indonesian nation. Therefore, this research was conducted to examine urgency for an AI code of ethics. This paper will normatively describe data qualitatively to answer urgency and development of AI code of ethics in doctrinal and regulative contexts, including comparisons of countries that apply ethical code. Phenomenon of emergence of AI has given rise to systemic ethical problems that are both incidental and existential related to humans. Due to disruptive threat of AI, it encourages countries to formulate ethical standards regulatory models. European Union and China have AI ethical guidelines within their legal frameworks although their characteristics differ. Meanwhile, Indonesian legal system doesn’t yet have tools that specifically regulate AI ethics. Weaknesses in regulating AI related to scope of AI, legal harmonization, and weak government commitment and competence. To regulate AI Ethics substantially and formally can be formulated in many variants based on categorization of ethical principles nature, implementation of ethical principles, forming institutions, nature and type of regulations, normative power, and scope of AI impact. New legal instruments are needed based on this categorization.
REVOLUTIONIZING JUSTICE: LAW ENFORCEMENT THROUGH THE LENS OF PROGRESSIVE LAW Musmuliadin, Musmuliadin; Indarti, Erlyn; Rochaeti, Nur
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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Abstract

When government functions must be carried out and cannot be halted, even if the law does not clearly or completely regulate them, the role of discretionary authority (discretion) becomes crucial. This is particularly evident in the discretionary authority held by the Indonesian National Police, which is essential both for the police themselves and in the execution of their duties in conducting investigations and prosecutions. This study focuses on the application and implementation of discretion by the police in conducting investigations and prosecutions, and how a progressive legal framework can revolutionize the pursuit of justice. By employing a qualitative analysis and the constructivism paradigm, this research explores how law enforcement officers understand and apply their discretionary powers. It also examines the implications of these practices for achieving justice within society. The findings reveal that police discretion is inherently intertwined with the identity of the police, both as individuals and as an organization. The use of this authority is pivotal in ensuring that law enforcement officers perform their duties effectively, not only to promote good governance but also to foster justice within the community. Justice, as a fundamental value in human life, remains a complex and multifaceted issue. Various interpretations of justice lead to diverse perceptions among individuals and groups, influenced by their knowledge and experiences. Therefore, it is essential to recognize that 'justice will be understood differently according to the paradigm adopted. By adopting a progressive legal lens, this study highlights the potential for transformative changes in law enforcement practices, ultimately contributing to a more just and equitable society
The Indonesian Guardianship and Indonesian Private International Law Allagan, Tiurma Mangihut Pitta; Himmah, Dinda R; Hisana, Amirah
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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Abstract

The increasing of number of cross-border legal relationships, especially family legal relationships, is inevitable. For instance, it is also commonly accepted for a foreign national to have a legal-bond with children from another country, which is also known as intercountry adoption, guardianship and fostership. This paper aims to analyze and classify guardianship involving international dimension within the jurisdiction of Indonesia. The examination of this legal question would be on the basis of Indonesian Private International Law (PIL). The choice of law and the choice of jurisdiction are the basic analysis, further, as to whether the guardianships are in line with the prevailing regulations and mirroring the principle of the best interest of the child. The importance of this research question is in line with the consideration that the varied classification of custody leads to different legal consequences as well; both to the children and the parents, either the biological parents or the non-biological parents of the children.
Exclusion within Inclusive Education Policy: The Challenges Facing Urban Refugees in Accessing Education in Thailand KARIM, MST UMME HABIBA FAHMINA, Dr.
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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Abstract

Despite Thailand’s adoption of the Education for All policy in 2005, which grants all children, including refugees, access to free public education, refugee children largely remain excluded. Camp-based refugees attend informal, unrecognized education programs, while urban refugee children are categorised with migrant children in enrollment data. In 2023, only 34% of legal migrant children were enrolled in public schools, while refugees—often classified as "illegal migrants"—are either left out or attend unofficial community schools. This study examines the gap between policy and practice by exploring the experiences of urban refugees and perspectives of key stakeholders, including refugees, government agencies, and humanitarian organizations. Using an analytical framework, it investigates access to public education, service providers’ perceptions, and the implementation of inclusive education. The research employs a systematic literature review, focusing on three components: data collection from existing literature, analysis of educational barriers for urban refugees, and evaluation of policy implementation challenges. The findings highlight issues of political exclusion, policy misalignment, and practical obstacles in integrating refugees into formal education. By identifying tensions between education and refugee policies in Thailand, this study contributes to both academic research and policy discussions. It advocates for a comprehensive policy review to ensure refugees have access to formal, recognized education, aligning with Thailand’s commitment to Education for All.
RELOCATING INCLUSIONARY HOUSING OBLIGATIONS TO THE NEW CAPITAL NUSANTARA: LEGAL AND POLICY IMPLICATIONS Hermawan, Muhammad Ilham; Herliana, Nasywa Ananda
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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Abstract

The philosophical meaning of balanced housing lies in achieving a harmonious and equitable life among various social strata. To realize this philosophical essence, regulatory engineering is required, aimed at fulfilling the goals of balanced housing. The obligation for balanced housing is theoretically known in the literature of several countries as an inclusionary housing policy. Triggered by the need for residential development in the new capital city (IKN), the Government has "relocated" the previously unfulfilled balanced housing obligation to IKN. The IKN Law explicitly regulates “exceptions to the provisions of legislation in the field of housing and residential areas.” There are three (3) substantive exceptions. First, developers or business actors may fulfill their balanced housing obligation in the Capital City of Nusantara within a specific timeframe. Second, the obligation may be carried out in accordance with the Detailed Spatial Plan of the Capital City of Nusantara. Third, the law affirms the provision of incentives for housing developers who implement the balanced housing obligation in the new capital. This policy shift requires follow-up regulations addressing its implications for the local governments of the origin areas: (1) the form of incentives to be received by the originating local governments; (2) conditions that must be met in the originating areas as prerequisites for relocating the balanced housing obligation to IKN; and (3) cooperation and partnership mechanisms between the IKN Authority (OIKN) and regional governments.

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