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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. 2" : 7 Documents clear
EMERGING BALINESE FRANCHISED CITY HOTELS IN LEGAL CONTEXTS: TOWARD MODEL PROVISIONS OF LOCAL GOVERNMENT REGULATION AND A SELF-REGULATION FRAMEWORK Dharmawan, Ni Ketut Supasti; Salain, Made Suksma Prinjandhini; Hallewell, Benjamin
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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Abstract

The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in terms of the quality of hotel standardization and reputation. Still, such hotels remain incomparable to the Balinese city hotels managed traditionally by family owners. In the legal context, the emergence of various types of modern franchised city hotels in Bali is influenced by suitable laws and policies, such as the World Trade Organization (WTO) Agreement with one of its ground bases called the “Non-Discrimination Principle” at the international level and at the regional level, the Association of Southeast Asian Nations Economic Community, which also emphasizes that one of the important central pillars of the multilateral trading system is a region fully integrated into the global economy. The emergence of modern chain city hotels has prevented the local city hotels from competing in terms of both the infrastructure and quality management services. To overcome these crucial issues, the model provisions of the local government regulation and self- regulation framework of hotel associations must be constructed to strengthen the local city hotels as chain hotels by implementing traditional values, e. g. , the Tri Hita Karana, the corporate social responsibility as a strategic development, and human rights approaches, that comply with the WTO Agreement and the laws and policies at the regional level.
MEDIATION FOR INDONESIAN TAX DISPUTES: IS IT POTENTIAL ALTERNATIVE STRATEGY FOR RESOLVING INDONESIAN TAX DISPUTES? Hidayah, Khoirul; Suhariningsih, Suhariningsih; Istislam, Istislam
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the collaborative relationship. Mediation is a solution to encourage this positive bond in solving the dispute. It is successfully implemented in Australia. The similar way is strongly recommended for the Indonesian Government to develop a good relationship between taxpayers and revenue body. One of the chances for mediating in an attempt to minimize tax dispute is in the auditing process. This process cannot be easily done because it needs political will and high desired improvement from the Government to make a change. Mediation is an attempt to achieve a win-win solution and is in line with the principles of Pancasila, that is a deliberation for reaching an agreement. If it is done, then mediation will be a courteous way in tax dispute resolution and will be able to improve a good post-dispute relationship in Indonesia.
PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES Kadir, M. Yakub Aiyub
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the international procedural system will ensure the compliance of agreement, and strengthen sustainable peace in Aceh-Indonesia context.
INTERNATIONAL AND DOMESTIC LAW ASPECTS OF CROSS-BORDER INSOLVENCY IN ORDER TO ESTABLISHING CROSS-BORDER INSOLVENCY REGULATION IN ASEAN: INDONESIAN PERSPECTIVE Imanullah, Moch Najib; Latifah, Emmy; Ratri, Pramesthi Dinar Kirana
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies were generally out of date and irrelevant to the modern commercial needs, particulary the cross-border insolvency matters that has not been well regulated. ASEAN has initiated an integrated economy regional by launching an ASEAN Economic Community on late 2015. It aimed to establish a deeply integrated and highly cohesive ASEAN economy that would support sustained high economic growth and resilience in the face of global economic shocks and volatilities within ASEAN members. Unfortunately, ASEAN member has not prepared a regulation regarding cross-border insolvency matters which could restrains its aim to establish a fully integrated economy regional. Each state members has its own national insolvency laws and proceedings, but none have the schemes that could surpassed the national borders and simplified the procedures. The aspects of cross-border insolvency from both the international law and domestic law of Indonesia is already prepared to deal with foreign proceedings. Both could be adjusted to establish a cross-border regulation in ASEAN. Hence, there should be an in-depth harmonization of cross-border insolvency should be another priority upon ASEAN Economic Community to achieve a fully-integrated economy in ASEAN.
REFUGEES RESETTLEMENT: A REVIEW OF INDONESIAN LAWS AND PRACTICES Afriansyah, Arie; Zulfa, Eva Achjani
Indonesia Law Review Vol. 8, No. 2
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This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a judicial-normative approach to analyze the doctrines as well as the requirements in international law as well as the concept and the opinions of scholars combine with rules found within national laws about the procedure of resettlement of a third party state for the refugees. By observing refugee camps in Jakarta, Medan and Kupang during 2016, it concludes that national immigration law in Indonesia is heavily embedded within the Law No. 6/2011 about immigration and the Director-General’s decision No. IMI-1489.UM.08.06 at the year 2010 about the handling of illegal immigrants. Further, this article argues on the need of regulatory measures in place in regards to the capacity of institutions in Indonesia in the handling of refugees so that more extensive coordination can be achieved in.
THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA Putri, Siti Noor Malia
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in this matter. The issue is very relevant with the current case that encountered by the Indonesian Government with regard to the Chinese-flagged fishing boat, namely Kway Fey 10078, that had been suspected to conduct IUU fishing activities in the Indonesian exclusive economic zone (EEZ). In this particular case, the Chinese coast guard ship assisted the Kway Fey to escape from Indonesian jurisdiction by ramming into Kway Fey 10078. In consequence, the Indonesian Government cannot enforce its jurisdiction upon Kway Fey and the Chinese Government requested Indonesia to release eight Chinese nationals who are detained. This reaction shall question on how international provide legal solutions on how to effectively deal with IUU fishing activities.
BOOK REVIEW ASIAN CONFLICT OF LAWS - EAST AND SOUTH EAST ASIA Penasthika, Priskila Pratita
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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Given the divergence of conflict of laws rules and recognition of foreign judicial decisions, a harmonized rules of conflict of laws is highly anticipated to improve legal certainty and cross-border commercial transactions. This book aims to provide a comprehensive overview of various approaches to conflict of laws of fourteen jurisdictions in East and South East Asia. It emphasizes that an understanding on the different frameworks toward conflict of laws in the region is necessary to encourage the harmonization attempts in the future. Corporate counsels, officials, policymakers, and other practitioners outside East and South East Asia are the intended readers of this book. Thus, the information specified in this book is also purposed to assist the ease of doing cross-border transactions inside and outside the region.

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