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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. 2, No. 2" : 6 Documents clear
SOVEREIGN RIGHT CLAIM ON GEO STATIONARY ORBIT (GSO) Arafah, Adhy Riadhy
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

The potency and unique characteristics of GSO for placing communication satellites located only above equatorial states makes the GSO as part of natural resources. The equatorial states realized that the use of GSO has many advantages and has implications to their national interest. However, basic principle in space law, Outer Space Treaty 1967 (Art.II), states that equatorial states forbidden to claim ownership of any part of outer space, particularly claim in sovereignty. The principle “first come first served” in placing of satellite on GSO, practically only gives the advantage to developed countries which have high satellite technology. Hence, the level of technology of a state plays important role in developing of space law internationally. The equatorial states which are mostly developing states (low and middle level in technology in outer space activities) claimed their right to use natural resources for their national interest based on equatorial position principle
PROPERTY RIGHTS FOR NATURAL RESOURCES MANAGEMENT IN INDONESIA: HAVE THEY BEEN RULED UNCONSTITUTIONAL? Waddell, Sarah
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3)) introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights such as fisheries rights, water use rights and rights associated with carbon sequestration. An exploration of theConstitutional Court’s decisionsuggests that a similar line of reasoning would not, and should not,arise in relation to other forms of property rights that the Government of Indonesia may seek to introduce in the future.
ANALYSIS ON THE CONTROL FUNCTION OF THE DEWAN PERWAKILAN DAERAH (REGIONAL REPRESENTATIVES COUNCIL) THE REPUBLIC OF INDONESIA Fatmawati, Fatmawati
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

The Dewan Perwakilan Daerah (Regional Representatives Council - DPD) and the Dewan Perwakilan Rakyat (House of Representatives - DPR) are institutions which represent the people in the parliament of the Republic of Indonesia. However, these two institutions do not have equal powers, including the powers related to the control function. The DPD’s function related to control is provided for under Article 22D paragraph (3), Article 23E paragraph (2), andArticle 23F paragraph (1) ofthe ThirdAmendment to the 1945 Constitution of the Republic of Indonesia. The DPD can exercise control of the implementation of certain laws related to regional interests, the implementation of the State Budget, taxes, education and religion, reporting on the results of supervision exercised by it to the DPR; it receives the results of state finance audit conducted by the Badan Pemeriksa Keuangan (Audit Board - BPK), and provides its consideration to the DPR in electing members of BPK. Based on a comparison among various countries it is evident that although some countries have weaker control authorities compared to those of the DPD, it is the DPD elected directly through the general elections which has the weakest authority among them. Proportionate powers need to be granted to the DPD in order to ensure that that the objective of its establishment in representing the interests of the regions may be achieved.
THE PROTECTION OF CONSUMERS’ RIGHTS AND THE APPLICATION OF CRIMINAL LAW IN THE UNLAWFUL OPERATION OF SERVICES AND CONTENT SERVICE APPLICATIONS Makarim, Edmon
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as setf orth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counter productive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.
CONTRACT LAW IN A COMPARATIVE PERSPECTIVE Suharnoko, Suharnoko
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.
INDONESIA’S REGIONAL ANTI-CORRUPTION COURTS: SHOULD THEY BE ABOLISHED? Butt, Simon
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Indonesia’s regional anti-corruption courts have been criticised in recent times for perceived impropriety and for acquitting defendants. Senior jurists and politicians have called for these courts to be abolished or recentralised. This article suggests that neither abolition nor recentralisation is prudent and that these criticisms might not be supported by available case statistics. In any event, this article argues, acquittal rates are very poor indicators of judicial performance. Indeed, acquittals might be legally correct, or even necessary, in some cases. More resources should be allocated to these courts, and to the Corruption Eradication Commission so that it can investigate and prosecute more cases in Indonesia’s regions

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