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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. 8, No. 1" : 7 Documents clear
Is The Conditionally Constitutional Doctrine Constitutional? Oktavinanda, Pramudya A.
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

Under the Conditionally Constitutional Doctrine, the Indonesian Constitutional Court may declare that a provision of a statute is constitutional if it is read in a way described by the Constitutional Court. In practice, this doctrine allows the Constitutional Court to create new legal norms that might not be covered or even considered in the reviewed statute. The main question is: does the Constitutional Court have any legitimate reasons to use such doctrine? This is especially crucial because the Indonesian House of Representatives once banned the doctrine through amendment to Law No. 24 of 2003 on Constitutional Court in 2011 and shortly thereafter, the Constitutional Court declared that the amendment is unconstitutional. In this article, I will discuss the validity of the Conditionally Constitutional Doctrine through the lens of various theories of legal interpretation, and further conclude that given the nature of judicial review process, attempting to answer the above question from the perspective of traditional legal interpretation theories would not be fruitful. Instead, I would recommend using a pragmatic approach in dealing with the existence of the doctrine and offer certain aspects that can be further pursued by Indonesian legal researchers in order to improve the use of such doctrine.
The Right of Early Access to Criminal Legal Aid in Indonesia: Clear Rule, Clearer Violations Abbott, Maxwell
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right meets certain criteria of a clear legal rule, as distinguished from a vaguer legal standard, and we would therefore expect a high degree of compliance with the Right. However, in practice, we find frequent violations of the Right in Indonesia. After reviewing evidence of the violations, the article will conclude by briefly addressing several explanations while maintaining that the Right is a clear legal rule.
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law in Excluding Prejudicial Evidence Ramadhan, Choky R.
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In several cases, the judge undermined victim’s testimony because of past sexual history and lack of resistance that led to more lenient punishment or acquit the defendant. Therefore, I assert that rape law itself should be revised to minimize judge’s prejudice or bias to several shreds of evidence. I suggest that Indonesia could learn from U.S. rape shield law that gives more protection to sexual violence victim. This law encourages the victim to report and increases the probability of conviction because it excludes victim’s previous sexual history and lack of resistance.
Between Public and Communal Interests: A Legality Issue Forced Evictions Occuring in Jakarta Kusumawati, Erna Dyah
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

Forced evictions are considered as a “global epidemic” since they occur in several countries regardless of the states’ development level. The private ownership issues and the development issues are examples of rationales behind forced evictions. Under the human rights regime, states are obliged to refrain from any eviction, moreover, the states are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers a guideline for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening in Jakarta, Indonesia and critically examine the reason of “public interest” proffered by the authorities as to whether the forced evictions are in contrary to the international obligations to which Indonesia has subscribed or whether it can be justified by the wider public interests reasoning. The author argues that in the name of development, a conflict of interests between a larger public interest and the interest of the evicted community may occur. Since forced evictions are associated with violations of human rights, especially the right to adequate housing, therefore the interests of both public and community should be given more attention particularly if forced evictions cannot be avoided.
Improving the Role of Experts under Indonesian Criminal Procedure Law: Lessons Learned From the Dutch Legal System Sitompul, Josua
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases. This raises a question whether law enforcement agencies comprehend the execution of the provisions. It also shows that law enforcement agencies are not always interested in getting digital forensic examination from which electronic evidence may be produced. It emphasizes that role of expert under KUHAP is equivocal and views the need to improve the role and principles. In order to improve the role of experts under Indonesian criminal law, the article describes and explains the salient features of expert evidence under Dutch law. The article concludes by making a series of recommendations.
Legal Issues Surroundings Airline Alliances and Code-Share Arrangements: Insights For the Indonesian and Airline Industry Nugraha, Ridha Aditya
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share arrangements could be seen as the perfect implementation of an airline alliance. Alliances are more flexible than cross-border mergers and takeovers due to national restrictions, making it legally viable and thus a preference. However, code-share arrangements have further legal implications that have led into classification of carriers and ended up a liability issue. There are several applicable conventions and protocols dealing with liabilities to protect airline passengers which is known as the Warsaw-Montreal regime. Anti-competition and consumer protection issues are the other main issues. This article shall analyze the legal issues surrounding the tragic code-shared Flight MH17 incident, also mentioning the few Indonesian passengers’ relatives’ rights. Compensation issues in the recent case shall be discussed. Finally, insights of legal risks from conducting code-share arrangements for the rapidly growing Indonesian, and also other ASEAN member states’, airlines are also given.
Book Review Sovereignty and the Sea: How Indonesia Became An Archipelagic State Soepandji, Kris Wijoyo
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

The book, which is published by the National University of Singapore Press, is written by two professors, John G. Butcher and R. E. Elson who are based in Australia. The writers explained on how Indonesia managed to earn the place as the greatest archipelagic state in the world, as gaining international recognition for its claim when the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” which had given these states sovereignty over their “archipelagic waters”, in the year of 1982. The book which has very strong subject on Indonesian and International Law is written by two professors which have no law background, put the important point on how a small group of Indonesians diplomat gave their persistence effort and finally give tremendous effect on how International Law of the Sea is currently conducted.

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