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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
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Search results for , issue "Vol. 5, No. 1" : 7 Documents clear
THE CORPORATE CONSTITUTIONALISM APPROACH IN THE FORMULATION OF CSR Nalle, Victor Immanuel
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

The 21st century is the era of the development of corporate social responsibility (CSR). It is encouraged by the development of the company as a business and societal entities that balances public and private interests. If there is a balance of public and private interests in the company, the application of CSR should be able to accommodate the public interest. However there are a lot of companies in Indonesia that do not involve the community in the formulation of CSR implementation model. This resulted the implementation of CSR which is often not well targeted. In that context, the theory of corporate constitutionalism becomes a relevant theory to answer this problem. The theory of corporate constitutionalism puts deliberation as one of the principles to achieve the legitimacy of decision-making in the corporation. Through a process of deliberation formulation of CSR model with the community, not just the interests of shareholders that can be accommodated but also the interests of stakeholders. Thus, CSR can actually be an instrument solvingto solve the global and local challenges.
LITIGATING CROSS-BORDER ENVIRONMENTAL DISPUTE IN INDONESIAN CIVIL COURT: THE MONTARA CASE Prihandono, Iman; Dewanty R. K., Esty Hayu
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

In August 2009, a wellhead blowout of took place at an offshore drilling facility named the Montara platform, on the north coast of Australia. This incident released crude oil into the sea and continued until November 2009. The Montara platform is owned by PTTEP Australasia Pty. Ltd., a company incorporated under the law of Australia, and a subsidiary of PTT Exploration and Production Public Company Limited, a Thailand based, state-owned oil company. Based on samples taken by the East Nusa Tenggara Municipality in the waters along the coast of Kolbano, it was found that the sea water has been polluted with crude oil. There was an indication that the crude oil was identical to those of at the Montara well head platform. This incident has been detrimental to at least 9.000 fishermen and seaweed farmers along the coast of West Timor Sea, with total losses estimated at USD2.4 billion. This article examines the possibility of a lawsuit brought by the affected communities to the Indonesian civil court. This article finds that filing a lawsuit against foreign entity may be possible. Article 100 RV of the Indonesian law on civil procedure provide an opportunity to sue foreign entity when a contractual relationship exists.
DEVELOPMENT OF COLLECTIVE TRADEMARK FOR BATIK INDUSTRY IN KAMPUNG BATIK LAWEYAN (LAWEYAN BATIK’S VILLAGE), SOLO Sardjono, Agus; Prasetyo, Brian Amy; Larasati, Derezka Gunti
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

Previous research found that the individual trademark system has not been effectively utilized to support the business of batik Smal Medium Enterprises (SMEs), particularly in several batik industry centers in Java, namely Bantul in Yogyakarta province, Kauman in Pekalongan and Laweyan in Solo. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for development of collective trademarks, which can address the problems that individual trademark cannot anticipate. The development of collective trademark can also be a strategy to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; which are not the original Indonesian batik. In regards to that, 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 present research focuses on the development of collective trademark utilization by one longknown batik community in Kampung Batik Laweyan, Solo, as a strategy to enable them to compete with imported batik-printed textiles, as well as to protect their traditional batik cultural heritage.
Maritime Expansion and Delimitation After the Timor Gap Treaty Hendrapati, Marcel
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

The Timor Gap Treaty on oil and gas management cooperation in some parts of the Timor Sea was full of political intrigues between Australia and Republic of Indonesia, since the treaty which comprises three areas of cooperation was detrimental to Indonesia and it indicated the highest influence of Indonesian Republic by Australia. Renunciation of the treaty due to the independence of Timor Leste after a referendum resulted in the issue of maritime delimitation between Timor Leste and Indonesia. Nevertheless in fact in 2002 the new state declared maritime expansion to a distance of 100 nautical miles measured from the former Timor Gap lines. The result of the expansion was that it potentially reached to Indonesian oil and gas fields located in the west and east of the lines. Apparently the unilateral expansion conducted by the country which from 1975 until 1999 was the 27th province of Indonesian Republic motivated both states to accelerate maritime delimitation aimed at achieving equitable solution. Although some points existing in border territory have not been agreed yet, the disagreement did not hamper the two states to conduct any negotiations regarding maritime delimitation, mainly delimitation of exclusive economic zone on the basis of the international law rules aimed at achieving equitable solution. This article is designed to examine the substance of Timor Gap Treaty and other issues relating to it, such as the maritime expansion and implementation of the equitable solution principle in maritime delimitation between the two states after the Timor Gap Treaty.
The Implementation of the Right to Education in Indonesia Manan, Munafrizal
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

This article discusses the implementation of the right to education in Indonesia. It uses human rights and historical approaches. Human rights approach is used to describe international human rights instruments on the guarantee of the right to education that is applied universally. This approach is also dealing with international human rights instrument on the right to education that has been ratified by Indonesia as well as national regulation instruments on the right to education applied in Indonesia. Historical approach highlights the role of Indonesian governments in education sector after the Independence Day, especially regarding the implementation of the right to education. The discussion focuses on the development that has been achieved and the difficultythat has been faced in the implementation of the right to education. Despite there have been significant progresses achieved in implementing the right to education, the Indonesian governments remain facing the difficulty to fulfil the right to education for the entire of Indonesian citizens. However, in the middle of such a difficulty, it raises a creative idea and concrete action from civil society in terms of providing education service for marginalized and indigenous peoples.
DISSECTING THE CONTENTS OF LAW OF INDONESIA ON HALAL PRODUCT ASSURANCE Hakim, Aal Lukmanul
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia with its majority Moslem population and even the biggest Moslem nation in the world has obligations to its citizens to assurance the halal products (halal) for consumption and/or used as a constitutional obligation to be enforceable and applicable. The constitutional obligation is granted in the form of legal certainty covering the halalness of all products either to those useable, consumed and/or utilized by the society. Upon the legalization and enactment of Law of the Republic of Indonesia Number 33 year 2014 regarding Halal Product Assurance is the evidence of constitutionally protection commitment. Having this Halal Product Assurance Law, the people may consume and/or use any products safely, pleasantly, securely and healthy, in addition to the increase of added value for Business Entities to product and sell Halal Products.
Indonesia’s Delimited Maritime Boundaries Jayadi, Anbar
Indonesia Law Review Vol. 5, No. 1
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Abstract

In case of Indonesia’s geographical condition, it goes without saying that with great potentials come great responsibilities to manage. With an overall distance of more than 1900 km from east to west and nearly 80% of its area are sea regulating its borders especially maritime boundaries will not only affect the integrity of the nation but also protect its natural resources.

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