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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. 7, No. 2" : 7 Documents clear
INTERPRETING THE INDONESIAN CONSTITUTIONAL COURT APPROACH IN CONDUCTING JUDICIAL REVIEW ON CASES RELATED TO ECONOMIC AND SOCIAL RIGHTS Omara, Andy
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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Abstract

One of the duties of the Indonesian Constitutional Court (Mahkamah Konstitusi - MK) is to determine whether legislation is consistent with the Constitution. If the MK determines that a statute is inconsistent with the Constitution, it declares that such statute is invalid. In such instance, the MK has the final word to determine the validity of legislation. In the view of some scholars, this feature reflects that the MK adopts strong form of judicial review. While this assertion holds true in some cases, it does not necessarily reflect the complete feature of the MK’s approach in deciding cases. In some economic and social rights cases, the MK decision adopts weak form of judicial review. This paper attempts to explain that while constitutionally the MK adopts strong form of judicial review, in some economic and social rights cases it adopts weak form of judicial review.
THE TOTAL PEOPLE'S DEFENSE AND SECURITY SYSTEM: PROBLEMS OF THE STATE-SPONSORED MILITIA IN INDONESIA Reza, Bhatara Ibnu
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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The establishment of state-sponsored militia has raised concerns of human rights violations in non-international armed conflict in Indonesia. Most of the state-sponsored militia have been formed and tacitly supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia) mostly based on the implementation of a concept called the Total People’s Defense and Security System (sistem pertahanan rakyat semesta-sishankamrata). The Total People’s Defense and Security System is the grand strategy adopted based on Indonesia’s experience during Indonesia’s physical revolution or armed struggle for independence (1945-1949) and recognized under the Second Amendment to the 1945 Constitution. This article will elaborate on, first, the constitutional history and ideology of ‘total people’s defense’ which contributes to the political ideology of the military and its relations with the existence of militia groups; and second, the active encouragement of militia abuses by the Indonesian military as part of a campaign to maintain control of regions seeking independence, along with the constraints imposed by the military itself on the manner in which it conducts such campaign.
CENTRAL BANK TRANSPARENCY IN INDONESIA: A LAW AND ECONOMIC PERSPECTIVE Kasiyanto, Safari
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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This paper studies the manner in which central bank transparency has been implemented in Indonesia, and the impact of transparency on the central bank’s performance in achieving its goals. First, a normative analysis is conducted to seek the regulatory framework for central bank transparency. Secondly, a performance analysis is carried out to observe the extent to which central bank transparency has been implemented in Indonesia, and the impact it brings on the central bank’s performance in conducting monetary policy. Finally, an international practice analysis is performed to set a benchmark based on the manner in which transparency has been implemented by other central banks.
LEGAL DUALISM AND INCONSISTENCY REGARDING INMATES’S RIGHTS: A REVIEW TOWARD IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 99 OF 2012 Nelson, Feby Mutiara
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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Abstract

In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for the Implementation of the Rights of Inmates which has been most recently amended by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates committing extraordinary crimes (terrorism, drug abuse, corruption, crimes against the security of the state, crimes against humanity and other transnational organized crimes) impeding such inmates to file for remission and parole. This paper examines the consistency between the implementation of GR 99/2012 and the concept of criminal punishment in Indonesia. It is a summary of empirical juridical research that reports on the influences of GR 99/2012 on inmates in correctional institutions. Data used for this research was obtained from interviews, observation, desk reviews and focus group discussion with government officials. Based on the findings, it can be inferred that GR 99/2012 has impeded the fulfillment of inmates’ rights to file for parole and remission due to complicated procedures, additional fines, and multi interpretation of the regulation. Furthermore, it affects the aggravation of overcrowding, violations against inmates’ rights, and illegal practices within the process. Based on the analysis discussed in this paper, GR 99/2012 is inconsistent with the concept of criminal punishment in Indonesia because it impedes inmates’ reintegration into society. This paper proposes that GR 99/2012 should be revoked and revised in accordance with the spirit of Corrections Act and to create synergy among law enforcers in fulfilling inmates’ rights.
PROBLEMS OF CONDUCTING EQUAL EDUCATION RIGHTS FOR NON-FORMAL EDUCATION: CHALLENGES FOR BATAM LOCAL GOVERNMENT Tan, Win Sherly
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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In order to fulfill the right to education as mandated by the 1945 Constitution, non-formal education has been introduced in Indonesian society. Non-formal education is provided for in Article 26 paragraphs 1-7 of Law No. 20 of 2003 on the National Education System. Since this provision has been mandated by the Law, the question arises as to whether the Government of Batam City has efficiently implemented the right to education for all. Another question is whether the system for implementing equal education through Community Learning Centers and Homeschooling in Batam City aimed at assisting the Batam City Government is the solution in fulfilling the right to education for all in Batam City. This research finds that Law No. 20 of 2003 on the National Education System has not been effectively implemented by the Batam City Government, particularly by the Education Office under the Batam City Government, because non-formal education as one of the solutions for providing equal education for all continues to face problems. Among the issues arising is that students participating in non-formal education programs are not students of study age, yet they are required to follow the same curricula as students at formal schools. This research also finds that the Education Office under the Batam City Government has failed to disseminate the requirements under Law No. 20 of 2003 to Community Learning Centers in Batam City. In addition, it has also failed to conduct regular monitoring and auditing of the implementation of the learning and teaching process at Community Learning Centers in Batam City.
INDONESIAN FOOD SECURITY POLICY Limenta, Michelle Engel; Chandra, Sianti
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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Abstract

Food security has been an issue of endless discussions given its sensitive nature of being associated with the wellbeing of individuals. Pursuant to Article 33 of the Indonesian Constitution, the Indonesian Government, in principle, have the legal capacity to utilize to the greatest extent the nation’s natural resources for the sake of the welfare of Indonesian citizens through regulating and issuing relevant policies. As regards food security, Indonesian policies, in general, have been more focused on programs that aim to promote self-sufficiency in food production in order to achieve food security, as stated in Law No. 18 of 2012 regarding Food. The Law provides that importing food products can only be conducted if production by local producers is insufficient for the consumption needs of Indonesian citizens. Thus, this article will discuss further the national and international implications as a result of the government’s continuous perception that food security problems can be resolved with self-sufficiency in food production. The question is whether this policy has managed to reach its intended goal, namely ensuring Indonesian citizens the availability and access to nutritious food? Finally, this article will offer two solutions that are deemed to be more effective and efficient than the notion of food self-sufficiency in achieving the food security policy objective.
RELIGION AND REGULATION IN INDONESIA Nurhartanto, Gregorius Sri
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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Abstract

The book “Religion and Regulation in Indonesia” written by Ismatu Ropi is very interesting because it can envisage the religious life and its regulation in Indonesia completely, starting from the period before Indonesia independence until present. This book analyses the state regulation on religious affairs in modern Indonesia, focusing on understanding its history and consequences to citizen’s religious life.

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