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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. 3, No. 3" : 6 Documents clear
INDONESIAN EXPERIENCE IN DEALING WITH TRADEMARK LAW: CASE STUDY OF BATIK SMEs Sardjono, Agus; Prastyo, Brian Amy; Larasati, Desrezka Gunti
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

This research aims to observe whether the Trademark Law can contribute to protect Indonesia’s batik business, particularly for the small-medium enterprises who produce and sell batik products (“Batik SMEs”). The individual trademark system has not been successful to support the batik SMEs’ business. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for the development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This research finds that, in order to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; Indonesian batik SMEs need to be nurtured and encouraged to register their own collective trademarks, and to build their branding infrastructure, through local batik community’s standardization, and collective batik labeling. This recommendation is also proposed considering the government’s ineffective policy on Batikmark. This research will take samples of Batik SMEs in several areas, namely Yogyakarta, Pekalongan, Solo, and Jakarta. Those areas have been recalled as some of the centers for Batik production and trading activities. This research is conducted through combining the quantitative and qualitative-empirical methods. Data are collected through literature studies, interviews, as well as questionnaires, including site visits and discussions with the SMEs in those areas.
EXECUTION OF FIDUCIARY GUARANTEE UNDER LAW NO. 42 OF 1999 ON FIDUCIARY GUARANTEE (A SOCIO-JURIDICAL ANALYSIS TO ANTICIPATE ITS EFFECTIVENESS) Hutagalung, Arie S.
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a difficulty on the part of the Fiduciary Guarantee to conduct the fiduciary execution if the Fiduciary Grantor defaults since in fact the goods being a fiduciary object are still in the possession of the Fiduciary Grantor or Debtor, then in line with the provisions of article 1977 of the Indonesian Civil Code, known as the principle of bezit geldt als volkomen titel.
MAINSTREAMING HUMAN RIGHTS UNDER NATIONAL AND INTERNATIONAL LAW: LEGAL AND EPISTEMIC QUESTION Olawuyi, Damilola S.
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope of human rights mainstreaming and the practical aspects of human rights mainstreaming, particularly whether institutions consisting of ‘outsiders’ to the human rights epistemic community can interpret and enforce human rights obligation. Put simply, do environmentalists, scientists and outsiders to human rights have the capacity to mainstream human rights? This paper examines the scope and tenets of human rights mainstreaming, it then discusses the practical aspects of mainstreaming human rights into policy making, particularly how epistemic concerns on human rights mainstreaming can be addressed in national and international policy design and implementation. There is virtually no aspect of our work that does not have a human rights dimension. Whether we are talking about peace and security, development, humanitarian action, the struggle against terrorism, climate change, none of these challenges can be addressed in isolation from human rights. Ban Ki-moon, Secretary-General of the United Nations.
THE ROLES OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA IN ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS IN INDONESIA Hikmah, Mutiara
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law
INTERNATIONAL COOPERATION AMONG STATES IN GLOBALIZED ERA:THE DECLINE OF STATE SOVEREIGNTY Koesrianti, Koesrianti
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

This article discusses the national sovereignty and regionalism in the context of the membership of a state into regional economic organisations. It concludes that in nowadays-shrinking world the traditional concept of sovereignty is less relevant since states have suffered a loss in their sovereignty. It found that member states of regional economic organisations have to cede a degree of sovereignty, such as in the EU. This phenomenon however is not the case for NAFTA and AFTA.
SOCIAL ENGINEERING THROUGH SHARI’A: ISLAMIC LAW AND STATE-DIRECTED DA’WA IN CONTEMPORARY ACEH Feener, R. Michael
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, including European and American theories of the sociology of law. rough examinations of these influences on discussions of Islamic law in Aceh, this essay demonstrates the degrees to which contemporary Sharī’a implementation is inextricably linked to broader configurations of law, moral authority, and state power in the modern global order.

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