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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. 3" : 7 Documents clear
INDONESIA AND ITS RELUCTANCE TO RATIFY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) Oktaviandra, Surya
Indonesia Law Review Vol. 8, No. 3
Publisher : UI Scholars Hub

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Abstract

There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based and used other scholar`s arguments to compare and present the debate towards current business circumstance on practice, policy, and relevant regulations. The finding of this paper is either the current condition of business practice or global pressure are inadequate to force the immediate urgency to ratify the CISG. While the last option comes from the political will of government, the author believes that the government should seek to ratify the CISG in a convenient timing rather than alter the National Civil Code.
RESTRICTIONS OF THE RIGHTS OF FREEDOM OF RELIGIONS: COMPARISON OF LAW BETWEEN INDONESIA AND GERMANY Saraswati, A. A. A. Nanda; Wicaksono, Setiawan; Ganindha, Ranitya; Hidayat, M. Choirul
Indonesia Law Review Vol. 8, No. 3
Publisher : UI Scholars Hub

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The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. The restriction of freedom of religion exists to protect the fundamental right or freedoms for every individual to avoid chaos. The restrictions on freedom of religion in the Indonesian Constitution are stated in Article 28 of the 1945 Constitution, Article 73 of Law No. 39 Year 1999, Article 18 of Law No. 12 Year 2005, and in PNPS No. 1 Year 1965. While Germany does not set explicit restrictions, the environment comes from the level of the Act: namely, Article 166–167 of the Criminal Code. In Indonesia, public order is defined as conformity of justice in consideration of morality, religious values, and security in a democratic society. Meanwhile, Germany defines public order as the protection of society based on the principles of balance and tolerance, in that individual freedoms must be balanced with other people’s fundamental rights, although this also means that a person’s idea of divinity must be excluded.
INDONESIA’S UPSTREAM PETROLEUM GOVERNANCE REFORM: WHICH MODEL IS CONSTITUTIONAL ENOUGH? Dwiesta, Afghania
Indonesia Law Review Vol. 8, No. 3
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The Indonesian Constitutional Court abruptly annulled provisions regarding the function of BP Migas as state representative in managing upstream oil and gas operations in Indonesia, declaring it unconstitutional. Apparently, the Court was convinced that exercising absolute state control over hydrocarbon operations would give the utmost benefit to the people. This research argues that in achieving such goals, a state must be able to create strong administrative infrastructure and regulatory regime capable of controlling and supervising hydrocarbon operations in accordance with both national and international oil fields. Using a comparative study method with secondary data collection, this research observes Norway’s, Mexico’s, Malaysia’s, and Russia’s experiences as its underlying methodology. It examines the Court’s interpretation of “control” and “ownership” over hydrocarbon operations and provides possible solutions for the most effective and suitable institutional design for BP Migas’ replacement. Finally, it concludes that to fulfill the constitutional mandate, the government’s ability to manage oil and gas sector depends on how much it is willing to consistently: (i) implement good corporate governance among related stakeholders so as to lessen political interference in the decision-making process, and (ii) maintain the balance of ex ante procedures and the post ante monitoring system in the adopted institutional model.
WOMEN RIGHTS FULFILLMENT AS THE VICTIM OF GROSS HUMAN RIGHTS VIOLATION: URGENCY FOR THE SEXUAL VIOLENCE ERADICATION BILL Purwanti, Ani; Prabowo, Rian Adhivira
Indonesia Law Review Vol. 8, No. 3
Publisher : UI Scholars Hub

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Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators and reparations for the victims. This article focuses on fulfilling the rights of women victims of past gross human rights violations. It will be based on normative legal research by which the existing laws are critically analyzed in order to expose the legal gaps which might have contributed to the inability of these laws to restore justice and the victims’ well-being. Furthermore, the article stresses an urgency upon the enactment of the Sexual Violence Eradication Bill. It contends that the Sexual Violence Eradication Bill is an essential first step for the fulfillment of women victims’ rights, inasmuch as the bill includes an exhaustive mechanism of penal provisions against sexual crimes under various circumstances, including as part of gross human rights violations.
LEGAL AND NON-LEGAL AGRICULTURAL PRACTICES: TOWARD A SUSTAINABLE FUTURE IN MALAYSIA’S PALM OIL INDUSTRY Kamaruddin, Hanim; Wahab, Harlida Abdul; Anuar, Haslinda Mohd
Indonesia Law Review Vol. 8, No. 3
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As a major global producer of palm oil products, Malaysia is familiar with criticisms of its palm oil cultivation, poor agricultural practices and decisions during the planting process. Loss of biodiversity and deforestation resulting from unsustainable palm oil practices are perceived as major setbacks for the environment in Malaysia. However, at the same time as Malaysia stands committed to the palm oil industry and its contribution to job growth and poverty reduction, the relevant stakeholders are creating strategies for sustainable production. Together with relevant environmental laws to prevent and control impacts from climate change, loss of biodiversity and deforestation, environmental impact assessment (EIA) procedures to limit environmental impacts are also being applied. Many legal and non-legal measures to ensure sustainable palm oil production practices have been continuously debated, created or implemented over the past decades. These include certification schemes, penalties for environmental offenses, imposing environmental taxes or incentives as corrective and rehabilitative tools, and contributions to an Environmental Fund, as provided in the Environmental Quality Act (EQA) 1974. Furthermore, any new initiatives must ensure that palm oil cultivation practices adhere to and embrace the principles envisaged in the UN Sustainable Development Goals (SDGs) 2030, Roundtable Sustainable Palm Oil (RSPO), and Malaysia Sustainable Palm Oil (MSPO), in order to achieve SDGs 2030.
LEGAL STATUS OF VIRTUAL CURRENCY IN INDONESIA IN THE ABSENCE OF SPECIFIC REGULATIONS Chang, Soonpeel
Indonesia Law Review Vol. 8, No. 3
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Given Indonesia’s recent legal policy developments regarding cryptocurrency, it is pertinent to ask whether this new investment market, by its overall structural formation, holds any further risks to Indonesia beyond those to individual parties. This paper contends that any effective regulation of this new ecosystem requires adoption of the machinery of more fundamental concepts and a clear direction. Even if the Government’s skepticism about soundness of the cryptocurrency markets is fully justified, how best to protect the various parties in the market is a different issue, one which calls for urgent attention from policy makers, legal practitioners, the judiciary and academic researchers. In particular, given the increasing number of startup Indonesian companies that have scrambled for seats in the new market, and the large number of related criminal cases reported in other jurisdictions, often involving hacking or embezzlement, the urgency to study best policy practices cannot be stressed enough. Against this backdrop, this paper analyzes the current legal status of virtual currency, related parties and activities in Indonesia absent direct laws and regulations to protect relevant parties.
BOOK REVIEW LAW AND POLITICS OF CONSTITUTIONAL COURTS Simmons, Thomas E.
Indonesia Law Review Vol. 8, No. 3
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Stefanus Hendrianto’s “Law and Politics of Constitutional Courts” is part of Routledge’s series titled “Comparative Constitutionalism in Muslim Majority States.” The book combines several narratives and themes. It summarizes the late 20th century political history of Indonesia. It describes the birth of the Indonesian Constitutional Court. It advances the idea of judges as prudential-minimalist heroes. It considers Aristotle and the scholarship of Mark Tushnet. It presents weird analogies to the IIliad, the Odyssey, and the heroic tales contained the epic Mahabharara. But primarily it is an extended legal biography of the Constitutional Court’s founding chief justice, Jimly Asshibbiqie. In a kind of extended epilogue, the book examines the impact of Justice Asshibbique’s successor, Chief Justice Mohammad Mahfud, as well as the legacy of the third-generation court from 2013 to present day.

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