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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 7 Documents
 1 
Search results for , issue "Vol. 4, No. 2" : 7 Documents clear
OBSERVING THE INDONESIAN HOUSE OF REPRESENTATIVES' PERFORMANCE Azed, Abdul Bari
Indonesia Law Review Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

DPR fulfilled mandate of the people, one of its way is through legislation function, namely formed Act with an agreement with the President. Expectations of the people filled with less than optimal by DPR caused by the performance of the parliament in the field of legislation which was less than satisfactory because did not fulfill the Prolegnas target which they had made themself. This condition caused the functions of DPR as parliament not fully carried out in encouraging people prosperity and developing the country. Hence, it is important to do a series of policy and concrete steps to minimize problems that involve parliament as well as to promote better performance legislation function in the House of Representatives.
ASEAN SINGLE AVIATION MARKET AND INDONESIA - WILL IT SURVIVE AGAINST THE GIANTS? Abeyratne, Ruwantissa Indranath
Indonesia Law Review Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

To say that Indonesia is an enigma in air transport is an understatement. On the one hand, the demand for air transport in Indonesia is higher in proportion to its GDP per capita. Its economy can be expected to grow 6% to 10% annually. A single aviation market could add another 6% to 10% growth in sheer demand. It is one of the wealthiest countries in the world, being the 16th richest country currently, and, according to an Airbus forecast, will be the 7th richest in 2030. Yet its airports are badly in need of expansion, its infrastructure is bursting at its seems, and above all, its airlines are strongly resisting liberalization of air transport in the region for fear of being wiped out by stronger contenders in the region. Against this backdrop, it is incontrovertible that Indonesia's civil aviation is intrinsically linked to regional and global considerations. Indonesia's archipelagic topography makes its people heavily reliant on safe, regular and reliable air services that may connect them not only internally but also to the outside world. A single aviation market in the ASEAN region will bring both benefits to Indonesia and challengers to its air transport sector. This article discusses the economic and regulatory challenges that Indonesia faces with the coming into effect of the ASEAN Single Aviation market in 2015.
THE EXISTENCE OF HUMAN RIGHTS COURT AS A NATIONAL EFFORT TO ELIMINATE THE SEVERE VIOLATION OF HUMAN RIGHTS IN INDONESIA Junaedi, Junaedi
Indonesia Law Review Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case. The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.
LEGITIMACY OF THE RESTORATIVE JUSTICE PRINCIPLE IN THE CONTEXT OF CRIMINAL LAW ENFORCEMENT Sukardi, -
Indonesia Law Review Vol. 4, No. 2
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This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is a need for a scientific investigation process for the purpose of determining the status of parties involved in a case, as well as for positioning the case concerned. Based on such view, the restorative justice principle appears to be the ideal approach to be applied in the criminal judiciary system.
IMPLEMENTATION OF MANDATORY ENTERPRISE REGISTRATION (WDP) FOLLOWING THE EFFECTIVENESS OF LAW NO. 40 YEAR 2007 CONCERNING LIMITED LIABILITY COMPANIES IN THE ERA OF REGIONAL AUTONOMY Hertanto, Ari Wahyudi
Indonesia Law Review Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Implementation of company registration shall be constrained because of differences in the interpretation of the meaning of the provisions of Article 29 of Law No. 40 of 2007 on Limited Liability Company, which determines that the registration of the company held by the Ministry of Justice and Human Rights. The provisions of Article 29 is interpreted by many practitioners as lex specialis of Act 3 of 1982 regarding Company Registration Requirement. The reality is not so. Company registration remains to be done pursuant to Act 3 of 1982. There are no provisions that override or cancel that Act 3 of 1982 to enforce Article 29 of Law No. 40 of 2007. Each law urgency is equally important. Act 40 of 2007 for the purpose of publication, while Act 3 of 1982 is to find out information about the company, either types of business activities, locations, shares and so forth. Registration of the company is still to be done on both the ministry under the provisions of law referred to.
DISCRETION FOR MINERAL AND COAL MANAGEMENT IN THE ERA OF REGIONAL AUTONOMY AND ITS IMPLICATION IN VIEW OF ARTICLE 33 PARAGRAPH (3) OF THE 1945 CONSTITUTION Hayati, Tri
Indonesia Law Review Vol. 4, No. 2
Publisher : UI Scholars Hub

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Abstract

Ever since the implementation of the regional governance reform era, fundamental changes have occurred in the discretion for the management of the mineral and coal mining sectors. The adoption of Law Number 22 Year 1999 led to the expansion of regional governments’ autonomy, applying autonomy in the broadest sense of the word, by focusing merely on ‘decentralization’, while disregarding the principle of de-concentration. Governmental affairs submitted based on decentralization refer to discretion by attribution, whereas de-concentration refers to discretion by delegation. Basically, all governmental affairs are submitted to the Regency and Municipality Government, except for 6 (six) matters which constitute the discretion of the central government. Discretion for the management of mining includes the discretion vested in the Regency and Municipality Government by virtue of Government Regulation Number 75 Year 2001. This implies that the concept of ‘control by the state’ (‘penguasaan negara’) as mandated in Article 33 of the 1945 Constitution of the State of the Republic of Indonesia has become degraded.
BOOK REVIEW TOWARD A PROGRESSIVE PUBLIC PROSECUTOR'S OFFICE: A STUDY ON INVESTIGATION, PROSECUTION AND ADJUDICATION OF CRIMINAL ACTS OF CORRUPTION Wahyuni, Ajeng Tri
Indonesia Law Review Vol. 4, No. 2
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Abstract

Toward a Progressive Public Prosecutor’s Office: a Study on Investigation, Prosecution and Adjudication of Criminal Acts of Corruption (The Book) is one of the reliable resources in capturing the real picture of Indonesian Law Enforcement Institution–namely Attorney General Offices (AGO)– for its centralistic bureaucracy nature. Written by Dr. Yudi Kristiana, S.H., M.Hum. (Yudi), the idea of The Book came in reaction to ‘the-never-ending’ corruption phenomenon, its massive impacts and the underlying problems to eradicate corruption. Choosing one of the important stake holder to fight corruption. The Book is providing several reasons why the AGO seems not fully-functioned and successful in serving the justice for the state. The (allegedly) fault mainly lies upon AGO’s conventional case-handling methods, which in general is bureaucratic and centralistic and adopts hierarchical accountability and the command system.

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