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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. 15, No. 1" : 6 Documents clear
LEGAL PROTECTION EFFORTS FOR MSME ENTREPRENEURS BASED ON LAW NO. 11 OF 2020 ON JOB CREATION LAW Suprapti, Duhita Driyah; Ristanti, Dina; Pangestika, Finna Maessy; Fuad, Choirul; Alfarisi, Salman
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia is the fourth-highest country with a level of population density that will undoubtedly cause many problems, one of which is the problem related to unemployment that is increasingly increasing. Therefore, the Government then took the initiative to issue a law that can pioneer job creation, ease of effort, investment, and empowerment of small micro-businesses. Focus on the actions of youth in making investments then whether this Job Creation Law also provides adequate protection for entrepreneurs, especially MSME entrepreneurs. MSME entrepreneurs need legal protection because most do not understand the Law in Indonesia and cannot afford to hire legal counsel or lawyers. The protection guaranteed by the Government makes MSME actors immensely helped. This research seeks to examine the application of Job Creation Law to Micro Small, Medium Enterprises (MSMEs). So that it is expected to make a positive contribution in formulating a system of legal protection that is in accordance and sustainable in harmony with the Business, Micro, Small, Medium Law (MSMEs) as well as laws related to investment and the 1945 Constitution as the basis of the Indonesian state, the research will be conducted with field research into locations that the author considers relevant to the issues raised. Such an approach is expected to support the validity of the study results as sound output. Protection for MSMEs along with increasing investment. On the other hand, the Tegal Regency Government has implemented several measures. The Tegal Regency Government is assisted by the DPMPTSP, the Industry and Manpower Service, and the Trade, Cooperatives, and MSMEs Service to help each other provide guidance related to business legality. These agencies also have internal efforts to help each other manage business legality in Tegal Regency. According to Shinta, as the owner of the Bolen Nyempluk business, it is pretty easy, one of which is for PIRT permits for food businesses that can be accessed by the Disperindagkop which collaborates with the DPMPTSP, even for product packaging, recommendations, and provisions are also provided by the Disperindagkop. In providing assistance and legal assistance services, PP No. 7 of 2021 also states that in certain emergency conditions, the Central and Regional Governments must seek MSME recovery by doing several things such as credit restructuring, business reconstruction, financial assistance, and providing services in other forms. In addition, Article 54 of Government Regulation Number 7 of 2021 also mandates that the Central and Regional Governments play an active role in providing protection and security to maintain the competitiveness of MSME products in the domestic market. To increase product competitiveness, the Ministry of Industry and Manpower also includes training and coaching to business actors, and this training activity also involves business actors and prospective business actors. Providing access to this license certainly makes people interested in having their own business because the licensing process is more straightforward, but they still get coaching.
Between Attraction and Evasion: Legal Factors Shaping FDI in Indonesia and Neighboring Countries Adam, Richard C
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

This article examines the internal and external factors that influence foreign direct investment (FDI) in Indonesia, focusing specifically on the legal framework as a key determinant. Internal factors—also referred to as pull factors—include the quality of Indonesia’s Foreign Investment Law, legal certainty, bureaucratic efficiency, and the availability of fiscal and non-fiscal incentives. Meanwhile, push factors represent external elements, such as the attractiveness of neighboring countries’ investment laws, regional economic integration, and global investment trends that encourage capital relocation. Using a normative juridical approach and qualitative analysis of secondary data, this study compares Indonesia’s regulatory environment with that of several Southeast Asian countries, particularly Vietnam, Malaysia, and Cambodia. The findings reveal that Indonesia’s legal infrastructure remains less agile and investor-oriented compared to these competitors. Regulatory complexity, inconsistent implementation, and a lack of legal predictability are identified as key weaknesses. To compete effectively and attract sustainable foreign investment, Indonesia must revamp its legal approach—prioritizing simplification, harmonization with international standards, and greater protection for investors. The article concludes that comprehensive legal reform is essential not only to enhance competitiveness but also to ensure that foreign investment contributes meaningfully to national development goals.
Application of the New York Convention to International Investment Arbitration Awards: An Analysis from the Perspectives of Indonesia and China Yuan, Luo Yuan
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

Since the 21st century, as countries have increasingly engaged in international economic activities, the economic ties between nations and regions have grown progressively closer, and cross-border investments have surged. Consequently, investment disputes, which often accompany these investments, have emerged as a critical issue that cannot be overlooked by host governments and foreign investors. Currently, the predominant method for resolving investment disputes is through international arbitration. Therefore, the enforcement of investment arbitration awards has become a key indicator of the effectiveness of the dispute resolution mechanism. A significant area of concern and research is whether the New York Convention can be applied to investment arbitration awards. As signatories to the Convention, both Indonesia and China recognize and enforce foreign arbitral awards. This paper analyzes whether foreign arbitral awards encompass investment arbitral awards by examining the content of the Convention, its savings clause, and relevant case law, with the aim of further exploring the implications of applying the Convention to investment arbitral awards and how China and Indonesia should address these implications
DYNAMICS OF THE PENITENTIARY SYSTEM, TRANSPARENT AND ACCOUNTABLE HANDLING OF CRIMINAL CASES IN CRIMINAL EXECUTION LAW IN SOUTHEAST ASIA: CONVERGENCE AND DIVERGENCE OF INTERNATIONAL PERSPECTIVES Widyawati, Anis; Adhari, Ade; Masyhar, Ali; Deo Syahputra, Bearlly; Purnomo, Didik
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

This research examines the dynamics of the penitentiary system transparent, and accountable criminal case handling in criminal execution law in Southeast Asia, focusing on the convergence and divergence of international perspectives. These countries have diverse approaches to the penitentiary system and criminal law enforcement, including in terms of the implementation of the death penalty and the treatment of prisoners. Some countries, such as Singapore and Malaysia, maintain strict death penalty practices, which often contradict international human rights standards, while others such as the Philippines show inconsistencies in implementing criminal execution laws. This research also examines the three main stages in the enforcement of the penitentiary system, namely the formulation stage, the application stage and the execution stage, which vary across Southeast Asian countries. Historical, political and cultural factors contribute to these variations, affecting the conformity of national legal systems with transparent and accountable international criminal law. In addition, this study highlights the importance of transparency and accountability in criminal case handling, as well as the role of rehabilitation in the penitentiary system, as an effort to align with international standards, especially regarding the treatment of death row prisoners. Understanding these dynamics is expected to provide insight into the differences and similarities in criminal execution laws in Southeast Asia as well as efforts towards better integration with international perspectives on human rights and criminal executions.
Challenging Nominee Agreements in the Mining Industry: Between Constitutional Mandates and Legal Evasion Sumarsih, Ida
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

The restriction of foreign ownership in Indonesia’s mineral and coal mining sector is intended to uphold national sovereignty over natural resources and ensure equitable public welfare. However, these objectives are undermined by the widespread use of nominee agreements, a form of legal circumvention that enables foreign investors to covertly maintain control over mining operations. This normative juridical study, based on secondary legal sources and inductive analysis, finds that the persistence of nominee practices is primarily due to inadequate regulatory oversight and weak law enforcement. As a result, the benefits of mining activities are diverted away from the Indonesian people, contradicting the constitutional mandate that natural resources be utilized for the greatest possible prosperity of the population. The study recommends the establishment of a coordinated regulatory framework involving the Ministry of Energy and Mineral Resources, the Directorate General of Mineral and Coal, the Ministry of Law and Human Rights, and the Investment Coordinating Board to monitor beneficial ownership structures and enforce existing prohibitions on nominee arrangements. Strengthening these mechanisms is essential to safeguard Indonesia’s resource sovereignty and ensure the fair distribution of mining revenues.
Opportunities and Challenges of Land Sale and Purchase Agreement Transactions in the Digital Era in Indonesia Sanusi, Sanusi; Rakhmatullah, Bha’iq Roza; Pratama, Erwin Aditya; ARYANI, FAJAR DIAN; Wildan, Muhammad
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

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Abstract

In this digital era, technology has changed many aspects of life. Land purchase agreements in Indonesia, which were previously carried out conventionally, have begun to shift to digital platforms. Digitalization in land purchase agreements offers various opportunities, but this process also has a number of challenges that need to be overcome to ensure that land purchase transactions can be carried out efficiently and safely, providing legal protection to buyers. The formulation of the problem in this study is how the challenges and opportunities of land purchase agreement transactions in the digital era in Indonesia and how legal protection is provided for buyers in digital land purchase transactions in Indonesia. This type of research is library research. Library research is research conducted using references in the form of books, journals, newspapers, magazines or reports of previous research results. Data collection techniques use secondary data, either using primary materials, secondary materials or tertiary materials. Data analysis in this study uses interactive analysis. The results of the study show that the opportunities with the presence of digitalization in land purchase agreement transactions in Indonesia can provide acceleration in accessing information about land, such as location, price, and legal status by prospective sellers and buyers. Transactions can be carried out without having to meet in person. Another opportunity from digitalization in land sale and purchase agreement transactions is the ease of recording and archiving documents. This digitalization also opens up opportunities for the government to eradicate corruption and extortion practices that still often occur in conventional land sale and purchase processes. One of the main challenges faced by buyers is fraud. In digital transactions, fraud can occur through various modes of operation, such as the sale of land with unclear ownership, falsification of documents, or presentation of inaccurate information. Legal protection must be provided to buyers in digital land sale and purchase agreements. The application of digital technology in land sale and purchase agreements must use a blockchain system and e-signatures to verify land ownership. This is done to overcome the problems of duplication and forgery, as well as to increase security and transparency.

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