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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
 1 
Search results for , issue "Vol. 15, No. 2" : 5 Documents clear
Optimizing the Role of Notaries in Digital Property Inheritance: A Comparative Legal Analysis Sendrawan, Tjhong; Agustina, Rosa; Makarim, Edmon; Nefi, Arman; Ipfelkofer, Josephine Rus Indra Sapti
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance issues from a notarial perspective. This study conducts a thorough analysis of digital property under inheritance law and how notaries should play a role in digital inheritance matters. A method of doctrinal legal analysis of current national and international laws and regulations pertaining to digital property succession is also employed, as well as comparative legislative studies examining proposed policies across jurisdictions to garner real-world insights into the operational challenges, emerging practices, and pragmatic considerations surrounding notary participation in digital inheritance procedures. Updating inheritance laws to address the transfer of digital property is crucial to protect the rights and interests of individuals, promote legal certainty, and ensure that these valuable assets are properly accounted for and transferred to rightful heirs or beneficiaries. The law of property in the Indonesian Civil Code needs to be immediately adjusted to the development of the digitalization era. This article suggests optimizing the role of notaries to create authentic deeds on digital property inheritance. Keywords: Digital property, inheritance, notary, will.
Legal Perspectives on Information Asymmetry in Investor Selection for Public-Private Partnership Projects Under O&M Contract Cao, Nhu Thi Thuy; Chau, An Quoc; Luu, Sang Minh; Ngo, Thao Minh Phuong; Pham, Ha Loc; Nguyen, Anh Phuong
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The findings highlight the need for regulatory intervention to ensure fair competition, with the key solution being the establishment of obligations to share project data for potential investors.
Managing Crowdfunding Risks in Terrorism Financing: A Mediated Analysis of Government Intervention and Donation Intentions Muslim, Fithriadi; Zulfa, Eva Achjani; Syauqillah, Muhamad
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

Crowdfunding has emerged as a popular platform for collective funding of social, charitable, and commercial projects. However, its increasing use has raised concerns over potential misuse, including as a source of terrorism financing. This study investigates the relationship between donation intentions using crowdfunding and the risk of crowdfunding being used as a source of terrorism financing. Furthermore, it explores the mediating role of government intervention in this relationship. Using a Structural Equation Modeling-Partial Least Squares (SEM-PLS) second-order approach, the research evaluates the interaction between donor intentions, crowdfunding risks, and government regulations. Findings reveal that while donor intentions significantly impact the risk of crowdfunding misuse for terrorism financing, the mediating role of government intervention is statistically insignificant. This suggests that regulatory measures alone may not sufficiently mitigate these risks. These findings highlight the critical need to reevaluate current strategies for preventing the misuse of crowdfunding for illicit purposes. By providing empirical evidence of the limited impact of government intervention, this study contributes valuable insights for policymakers aiming to strengthen oversight mechanisms and ensure safer crowdfunding practices in Indonesia.
INITIAL COIN OFFERINGS AS AN ALTERNATIVE METHOD FOR RAISING CAPITAL: LEGAL CONSIDERATIONS AND REGULATORY SOLUTIONS IN INDONESIA Pasaribu, Juwita Patty; Nelson, Febby Mutiara; Santoso, Topo; Ari, Fransiska
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern technology-based approach that is commonly used for raising organizational capital through the issuance of tokens. Following an analysis of the legal vulnerabilities in ICO and their impacts on the public, this study mainly proposes to regulate ICO in capital market law, which includes preventive legal measures and fundamental legal principles to protect the public. This study, using a comparative method, also explores the global prevalence and negativities associated with ICO, examines regulatory frameworks related to ICO in Switzerland and the United States, and identifies legal issues in the general use of blockchain technology, as well as emphasizes the needs of the Indonesian government’s response toin ensuring lawful legal certainty for legal actionICO, using a comparative method. Based on this assessment, it can be argued that strengthening the regulatory framework for ions of ICO, particularly in Indonesia, is crucial in preventing criminal actions related to in this transaction and ensuring legal protection as well as legal certainty for the public.
Counterterrorism Legislation and Its Impacts on Human Rights in Malaysia bin Idris, Noor Maarof; Khoo, Ying Hooi
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

In the aftermath of 11 September 2001, terrorism overshadowed other global security concerns. Since then, there has been significant growth in security and counterterrorism legislation and policies worldwide. The United Nations Security Council (UNSC) Resolution 1373 (2001) and 1456 (2003) authorized states to implement national legislative measures to combat terrorism while emphasizing the promotion and protection of human rights and the rule of law. In Malaysia, counterterrorism efforts have been reinforced through the Security Offences (Special Measures) Act 2012 (SOSMA), the Prevention of Crime Act 1959 (POCA) (as amended in 2015), and the Prevention of Terrorism Act 2015 (POTA). This study critically examines these key pieces of Malaysian legislation related to counterterrorism and assesses their impact on human rights. The study explores the government’s securitization approach to managing perceived terrorism threats through this legislation. It specifically investigates how preventive detention provisions in these laws affect human rights in Malaysia, particularly the right to life and personal liberty as enshrined in Article 5 of the Federal Constitution. The findings revealed instances of

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