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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. 2, No. 1" : 5 Documents clear
FOREST POLICY AND LEGAL PLURALISM: A CASE STUDY IN LUWU DISTRICT, INDONESIA Wibowo, Lukas Rumboko; Murdiati, C. Woro; Race, Digby; Murdiningrum, Yustiana Ambarini
Indonesia Law Review Vol. 2, No. 1
Publisher : UI Scholars Hub

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Abstract

This paper investigates how the potential of the newly enacted village forest policy to improve the welfare of local people and examines how different actors at local level perceive a legal framework suitable for improving the welfare of local people and enhancing local development. We conducted research through in-dept interviews involiving 75 respondents from different actors, such as policy makers, politician, village chief, customary chief and villagers. The research establish that forest policy on village forestry was a good option for local people to improve their welfare; however, litle understanding of the substance of the newly village forest policy of local development actors due to limited public consultation undertaken at district and village level would become a real challenges for executing the policy. The work of the policy is also depend on the extent to which the central goverment is capable of undertanding local context where multiple legal system operates.
TOURISM AND ENVIRONMENT: TOWARD PROMOTING SUSTAINABLE DEVELOPMENT OF TOURISM: A HUMAN RIGHTS PERSPECTIVE Dharmawan, Ni Ketut Supasti
Indonesia Law Review Vol. 2, No. 1
Publisher : UI Scholars Hub

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Abstract

Tourism activities in era globalization bring positive and negative impacts especially for the host countries destination. To minimize the negative impacts it is very important to always promote the sustainable development of tourism including from a human rights perspective. This paper will discuss concerning who have responsibility to promote a human rights related with sustainable development of tourism. To explore the topic in this article, Author will study both international human rights instruments and environmental convention as well as the soft law regarding the tourism sector such as the UN WTO Global Code Of Ethics. The Law No. 10 Year 2009 concerning Indonesia Tourism Law is also part of legal material studied in this paper. There are national, international legal instruments of the human rights as well as UNWTO Global Codes of Ethics which can be utilized to promote sustainable tourism through human rights perspective. It is considered that all stakeholders have responsibility to promote sustainable development of tourism.
THE CONTROVERSY ABOUT THE ESSENCE OF LAW: A DISPUTE BETWEEN HART AND DWORKIN Bello, Petrus CKL
Indonesia Law Review Vol. 2, No. 1
Publisher : UI Scholars Hub

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Abstract

Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart and Ronald Dworkin revolved around this very issue. Hart considered the law is nothing more than a set of rules whereas Dworkin believed that the law contains not only the rules but also principles which are morality and justice. This paper is trying to explore the issue of the relationship of law and morality in the context of this debate between Hart and Dworkin. The debate itself is very significant in the study of law. Following their arguments we can learn a lot about how the law should be understood and practiced. By listening to their whole debate we will also know that Hart’s positivistic thought and Dworkin’s tendency towards the natural law are not mutually negating. Hart Positivism is not anti-morality. It is precisely through positivism which he defended Hart aims at safeguarding the law by morality; whereas Dworkin has shown what had previously forgotten by the legal positivistic way of thinking, that is moral principles are integral parts of the law.
SIX DIMENSION STRATEGY AS A BASIS OF BANKING STANDARD CONTRACT Frederik, Wulanmas
Indonesia Law Review Vol. 2, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia banking based on Article 4 of Act No.10, 1998, aims at supporting the implementation of national development in order to improve equity, economic growth and national stability in the direction of improving people’s welfare. Therefore, to show how important is banking role in supporting the implementation of development, the 6 (six) Strategic Dimensions as the foundation of Banking Standards Contract are: (1). Prudent Banking Supervision and Good Corporate Governance (GCG) in banking activities, (2). Refunctionalization the principle of Contract Law in Banking Standards Contract, (3). Ethics Value in Business, (4). The Act No. 8, 1999 on Consumer Protection, (5). Enforcement of Human Rights Principles in banking activities, (6). Abuse of Circumstances implementations (Misbruik van Omstandigheden) in banking Contract. Based on the 6 (six) Strategic Dimension as the foundation of Banking Standard Contract, it will undoubtedly create justice, equity and assurance of the rights and obligations of the parties framed in the contractual and law bonds.
A CRITICAL ANALYSIS OF REDD+ LEGAL ARCHITECTURE IN REDUCING EMISSIONS FROM FORESTRY SECTORS IN INDONESIAN Wardana, I Gusti Agung Made
Indonesia Law Review Vol. 2, No. 1
Publisher : UI Scholars Hub

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Abstract

A new scheme called “Reducing Emissions from Deforestation and Forest Degradation in Developing Countries plus Conservation, Sustainable Management of Forests, and Enhancement of Forest Carbon Stocks” (REDD+) is being discussed to be one of the essential elements of the post-2012 global climate change regime. Many countries have put their proposal on the architectures of such scheme to the UNFCCC and demonstrated pilot projects on the ground as well. The research has been conducted to analyze critically the extent to which the REDD+ architecture being designed in Indonesia would be able to deliver climate effectiveness, costs efficient, equity outcomes and social and environmental co-benefits (3E+). It is argued that the basic idea of REDD+ is very simple to incentivize emission-reduction activities from forestry sectors in developing countries. However, so far, the REDD+ architecture appears to contain several contentious issues. Therefore, the issues should be addressed seriously otherwise they would undermine the REDD+ objectives.

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