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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. 6, No. 1" : 7 Documents clear
Abused and Alone: Legal Redress for Migrant Domestic Workers in Malaysia Whelan, Jennifer; Nordin, Rohaida; Ishak, Ma Kalthum; Matwi, Nursyuhada
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Abstract

Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have been breached. This article has identified the relevant policy, legislative and support mechanism (NGO and government) landscape in Malaysia regarding the realisation of the rights of migrant domestic workers in Malaysia to bring claims where their rights have been breached; best practice examples of the relevant policy, legislative and support mechanism landscapes in at least 2 ‘best practice’ MDW receiving countries regarding the realisation of the rights of MDW to bring claims where their rights have been breached; and potential opportunities for policy, legislative and support mechanism reform in Malaysia to further enhance the realisation of the rights of MDW in Malaysia specifically in relation to redress mechanisms for breaches of the rights of MDW.
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “TIP” in fisheries in Indonesia/Thailand Sukonthapan, Pisawat
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal Assistance in Criminal Matters are also addressed as cooperation tools which should be used by Indonesia and Thailand in prosecuting traffickers. To attain success in prosecuting law breakers and to be fair to all concerned, the author discourages those who are preoccupied with TIP from prejudging all unlawful acts as incidents of TIP since many of them might not fall under the criteria of TIP. Additionally, the article addresses the U.S. Victims of Trafficking and Violence Protection Act of 2000, which classifies countries under one of the tiers stipulated therein. The author indirectly suggests that, via the Act, the U.S. puts pressure upon other countries to intensively suppress TIP and properly protect victims of TIP. Therefore, the author urges Indonesia and Thailand to take special care in handling incidents of TIP in fisheries.
Bridging the Implementation of Nagoya-Kualalumpur Supplementary Protocol on Liability and Redress in Indonesia Santoso, Wahyu Yun
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Abstract

Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on the several existing regulation, Indonesia, to some extent has the readiness to implement the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress. This finding should be supported with more intens discussion on the protocol.
Judicial Review on Administrative Action: Reflection on the Bank Century Bailout Policy Sitorus, Lily Evelina
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Abstract

Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible to the public. At the time of the global financial crisis, many countries did not have the necessary rules to solve the problems that arose. In Indonesia, the government’s decision to bail out Bank Century has remained controversial up to the present time. The need for a comprehensive law dealing with economic, political and social factors should be considered. The Indonesian Law regarding Government Administration provides for the code of conduct for government action. An entire chapter in the law has been dedicated to set out provisions on discretion, reflecting a two-way approach, namely: restriction of government action on the one hand and the protection of public rights on the other. In practice, however, such rule is not implemented in line with the intended formulation. There is still a need for harmonization with the law regarding State Administration Courts in Indonesia.
Access to Ecological Justice for the Marginalised People of Indonesia: Is It a Genuine or Pseudo Recognition and Protection? I Nyoman, Nurjaya; Safaat, Rachmad
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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The era following the 1972 Stockholm Declaration and subsequently the 1992 Rio de Janeiro Declaration, brought about a great amount of concern of the international community, in developed as well as under-developed countries, for human environment and natural resources preservation, management and protection. It includes the equitable allocation and distribution of natural resources as well as fair participation in environmental decision-making, respect and recognition of rights of the people and particularly indigenous communities. This is the so called access to justice for all that refers to a genuine access by people and communities to obtain just and fair democratic mechanism in respect and recognition of their basic legal rights in controlling and utilizing natural environment and resources for survival. Furthermore, access to justice means strengthening the fair involvement of the people with respect to preserving and managing the natural environment for sustainable development as to fulfill human rights as reflected in the State’s Constitution and legislation. In the context of Indonesia, the above mentioned rights of the people and communities to ecological justice are clearly articulated in the 1945 Constitution. The paper attempts to convey a critical analysis as to whether the 1945 Constitution provides a genuine or pseudo respect and recognition in relation to access to ecological justice of the people and particularly for marginalized people, namely indigenous people (masyarakat adat) in the multicultural state of Indonesia.
Peasants’ Land Rights Claims Over Plantation Companies’ Sites in Central Java, Indonesia (1998-2014) Herwati, Siti Rakhma Mary; Sumarlan, Yanuar
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and anthropological approaches, this article finds that the state—through its apparatuses in business units, legal enforcement agencies, government units, courts, etc—is trapped in a Stocksian Paradox that is worse than its original Latin American version because the state has a deep conflict of interest as one of the “counter-claimants” of the indigenous or peasantries’ claim to rights to property/land. The authors recommend that although a robust civil society representing the peasantries is one of important parts in rights-reclaiming campaigns, the deeper Stocksian Paradox remains the biggest stumbling block in fulfilling state’s roles as rights-givers to its citizens.
Peradilan Etik dan Etika Konstitusi [Court of Ethics and Constitutional Ethics] Ayuni, Qurrata
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Abstract

This book presents an idea on making a court of ethics in Indonesia, written by Indonesia’s famous scholar in Constitutional Law, Prof. Dr. Jimly Asshiddiqie. This book has brought new perspectives by advancing the existence of law of ethics in the domination of rule of law.

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