cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Patricia Rinwigati Waagstein
Contact Email
ilrev@ui.ac.id
Phone
-
Journal Mail Official
ilrev@ui.ac.id
Editorial Address
DRC Office Building F 3rd Floor, Faculty of Law University of Indonesia, Depok - 16424
Location
Kota depok,
Jawa barat
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. 7, No. 1" : 7 Documents clear
INDONESIA AND THE TRANS-PACIFIC PARTNERSHIP AGREEMENT (TPPA): THE LUXURY OF TIME Price, David
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This Presentation examines Indonesia’s recent declaration to join the Trans-Pacific Partnership (TPPA), as announced by President Widodo during a State visit to the United States in October 2015, and his subsequent announcement that this accession would occur within two years. The Presentation explores both the implications for Indonesia of TPPA membership as well as the likelihood of achieving the President’s two-year aspiration. It focuses on one of the more controversial elements of the TPPA, namely, the inclusion of Investor-state dispute settlement (ISDS) provisions, particularly in light of former President Yudhoyono’s 2014 determination to terminate all its bilateral investment treaties with ISDS provisions. In joining the TPPA, Indonesia commits to its ISDS provisions, likely without carve-outs or reservations. The change may perhaps be driven by a perceived imperative to open up Indonesian economy to greater international investment, and to compete with other growing ASEAN economies. However, the future of the TPPA is not necessarily assured, with the U.S. Presidential election and U.S. domestic politics having a major impact on its future status, or even very existence. President Obama considers it a key element of his Presidential legacy, and has Congressional agreement for a “fast-track” vote, but both Presidential candidates, as well as members of both parties in Congress, have at times soundly criticised or even rejected the TPPA. It appears increasingly unlikely that he will succeed in achieving ratification as he enters his Presidency’s “lame duck” period. The Presentation also examines the implications for Indonesia and for the TPPA if the United States unduly delays or even rejects its own domestic ratification of the TPPA.
AVIATION LEGAL ISSUES IN INDONESIA AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN Nugraha, Ridha Aditya; Kovudhikulrungsri, Lalin
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers’ rights. Flight delays, cancellations, and denied boarding, either on domestic or international flights, are the main airline passengers’ rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN skies, the urgency to establish a uniform legal framework on passengers’ rights has become essential. Learning from the current international legal framework, namely the Warsaw Convention, the Montreal Convention, and EU Regulation No. 261/2004, they could present the source of best solution. Considering that the latter was established by another regional initiative, it could be a particularly valuable guide for ASEAN, even though the current integration level of the EU and ASEAN are quite different. Also of importance, the bomb threat hoax phenomenon within Indonesia and Thailand shall also be discussed. Passengers’ rights must also be protected against the implications of such irresponsible acts.
TECHNOLOGY TRANSFER IN INDONESIAN STATE UNIVERSITIES: DO IPRS PLAY A SIGNIFICANT ROLE? Asmoro, Puspa Kriselina
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The activity of knowledge and technology transfer from the academic side into businesses or the industrial sector through various schemes, so-called university technology transfer or academic technology transfer, involves a complex process of developing research ideas into the utilization of research. Historically, university technology transfer was triggered by amendment of the U.S. Patent Law, named the Bayh-Dole Act. Shortly after the amendment, technology transfer activity at U.S. universities escalated, particularly in patent and license activities. The movement of transfer technology was closed related to a research activity of the university and university patent in general. Through empirical study, this paper identifies technology transfer activities specifically on herbal pharmaceutical products at two Indonesian state universities, i.e. Institut Pertanian Bogor and Universitas Indonesia. The identification of technology transfer activity in both universities aims to study whether IPRs play a significant role in technology transfer activity.
LEGAL STATUS OF INDIVIDUAL BANKRUPT DEBTORS AFTER TERMINATION OF BANKRUPTCY AND REHABILITATION UNDER INDONESIAN BANKRUPTCY LAW Retnaningsih, Sonnyendah; Ikwansyah, Isis
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure (sita umum) of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid immediately from the property owned by the debtor. Based on such principle, bankruptcy serves as a means of coercion to materialize the creditors’ rights through liquidation of the debtor’s assets. Bankruptcy law in Indonesia does not recognize the principle of debt forgiveness, among others, the implementation of debt relief granted to the debtor to pay off debts that are truly incapable of being fulfilled. According to the Bankruptcy Law, after the completion of the bankruptcy process, the debtor is no longer in a state of bankruptcy, because the end of bankruptcy has revoked the status of insolvent debtors, hence debtors are considered as being competent to take care of their property. However, the termination of bankruptcy does not necessarily absolve the debtor from the remainder of the debt; creditors are entitled to collect it and debtors are obligated to pay it off. Upon the completion of the bankruptcy process, debtors or their heirs may apply for rehabilitation. However, rehabilitation is only to be granted if all creditors state that they have obtained payment in a satisfactory manner, meaning that recognized creditors will not file claims against the debtor concerned again even though they may not have received payment on all of their outstanding receivables. Request for rehabilitation can only be granted if the debtor has completed the entire scheme of bankruptcy and creditors were satisfied with the payment.
THE DEVELOPMENT OF ASEAN'S INTELLECTUAL PROPERTY RIGHTS LAW, FROM TRIPS COMPLIANCE TO HARMONIZATION Barizah, Nurul
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Intellectual Property Rights (IPR) is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism. In the regional ASEAN, its significant of IPR protection has made Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP) Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs) Agreement of the World Trade Organization (WTO). This paper discusses the current development of this Framework in the light to harmonise Intellectual Property (IP) laws in the region, covering the objectives, the basic principles, and some substantial provisions. Then, it examines whether fast pace of IP laws development in ASEAN have been mainly driven by this Framework Agreement or the countries’s deadline to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA) with their trading partners pay a specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and its current development, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. The Working Groups succeeded in developing draft on regional filing forms for IP registration, but the progress in the introduction of the system has been very slow.
CONSULAR ASSISTANCE FOR NATIONALS DETAINED BY A FOREIGN GOVERNMENT: STATES’ POLICIES AND PRACTISES Avilia, Dewi
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Vienna Convention on Consular Relations of 1963 outlines the rights of a state to exercise its obligation to protect the interests of its nationals abroad. The protection given by states to their nationals is commonly referred to as consular assistance. The main objective of consular assistance is to help nationals facing difficulties abroad. In the event of an arrest, the aim of the provision of consular assistance is to protect the inalienable rights of a foreign detainee. The inalienable rights inherent to all detainees are the right to retain counsel, and to receive due process of law. Although the 1963 Convention on Consular Relations is the codification of international customary law with regard to states’ practises in protecting their nationals, the practises may vary from one state to another. This paper analyses the policy and practises adopted by a state to protect its nationals detained abroad and suggests effective policies to provide consular assistance based on the reviewed state practises and policies.
DRUGS LAW AND LEGAL PRACTICE IN SOUTHEAST ASIA: INDONESIA, SINGAPORE, AND VIETNAM Maskun, Maskun
Indonesia Law Review Vol. 7, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent the spectrum of approaches to drugs regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states.

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2017 2017


Reset
Filter By Issues
All Issue Vol. 15, No. 2 Vol. 15, No. 1 Vol. 14, No. 4 Vol. 14, No. 3 Vol. 14, No. 2 Vol. 14, No. 1 Vol. 13, No. 3 Vol. 13, No. 2 Vol. 13, No. 1 Vol. 12, No. 3 Vol. 12, No. 2 Vol. 12, No. 1 Vol. 11, No. 3 Vol. 11, No. 2 Vol. 11, No. 1 Vol. 10, No. 3 Vol. 10, No. 2 Vol. 10, No. 1 Vol. 9, No. 3 Vol. 9, No. 2 Vol. 9, No. 1 Vol. 8, No. 3 Vol. 8, No. 2 Vol. 8, No. 1 Vol. 7, No. 3 Vol. 7, No. 2 Vol. 7, No. 1 Vol. 6, No. 3 Vol. 6, No. 2 Vol. 6, No. 1 Vol. 5, No. 3 Vol. 5, No. 2 Vol. 5, No. 1 Vol. 4, No. 3 Vol. 4, No. 2 Vol. 4, No. 1 Vol. 3, No. 3 Vol. 3, No. 2 Vol. 3, No. 1 Vol. 2, No. 3 Vol. 2, No. 2 Vol. 2, No. 1 Vol. 1, No. 3 Vol. 1, No. 2 Vol. 1, No. 1 More Issue