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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. 9, No. 1" : 7 Documents clear
BOOK REVIEW THE ARMY AND THE INDONESIAN GENOCIDE: MECHANICS OF MASS MURDER Waagstein, Patricia Rinwigati
Indonesia Law Review Vol. 9, No. 1
Publisher : UI Scholars Hub

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Abstract

The Army and Indonesian Genocide : Mechanics of Mass Murder is an extraordinarily detailed exploration by author Jess Melvin who aims to defy the common understanding of the 1965 ‘anti-communist’ purge which highlights the Indonesian army’s part in the arranging the related violence in Aceh, resulting as one of the first locations revolving around a series of widespread massacres in Indonesia. The book presents a unique narrative that ventures into the dismay found within the the history of the 1965 anti-communist movement in Aceh. Although other source materials mostly focus on the history of the 1965 anti-communist killings around more popular areas such as Java and Bali, this book in particular represents a limited number of research regarding the purge outside the confines of Java.
IMPLEMENTING THE EXTRATERRITORIALITY PRINCIPLE TO STRENGTHEN COMPETITION LAW ENFORCEMENT IN INDONESIA IN THE AEC ERA: A COMPARATIVE STUDY Wicaksono, Muhammad Rifky; Raditya, Kusuma; Andrini, Laurensia; Hawin, Muhammad
Indonesia Law Review Vol. 9, No. 1
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The regional economic integration that ensues from the ASEAN Economy Community will provide its members not only with boundless opportunities for economic growth, but also with unprecedented challenges. The demands of a more interconnected regional economy would require the Indonesian government, as guardians of the competitive process in the Indonesian market, to protect it from anticompetitive conduct caused from both within and outside of its borders. However, there is a major gap since Indonesia’s current competition law does not provide KPPU with the jurisdiction to investigate, prosecute or punish violations committed by business actors located outside of Indonesia’s territory. Thus, this paper examines the implementation of the extraterritoriality principle to enable the KPPU and Indonesian courts to exercise jurisdiction over foreign business actors who violate Indonesia’s competition law from abroad. This paper employs a comparative approach to analyse the development of the extraterritoriality principle in US’, EU’s, Singapore’s and Malaysia’s competition law. This article concludes by determining how the extraterritoriality principle should be implemented to strengthen Indonesia’s competition law enforcement.
THE NATIONALIZATION OF THE DUTCH OWNED PLANTATIONS IN NORTH SUMATRA: TO WHOM THE COMMUNAL LAND BELONG? Ikhsan, Edy
Indonesia Law Review Vol. 9, No. 1
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This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates (mainly the Deli and the Serdang), private-owned companies, the military and other interest groups. At certain ends, these critical disputes have left some saddening and murky situations whereas the ancestral lands belonging to Melayu people, which were put in concession by the Sultanate to the Dutch-owned enterprises, were gradually missing in terms of identity and without any compensation to this ethnic group.
"ELIMINATION OF CULTURE BASED DISCRIMINATION AGAINST WOMEN IN INDONESIA: AN ASSESSMENT OF THE IMPLEMENTATION OF STATE PARTIES’ OBLIGATIONS UNDER ARTICLE 5(A) OF THE WOMEN’S CONVENTION" Tuslian, Widya Naseva
Indonesia Law Review Vol. 9, No. 1
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The notion of cultural relativism has always been a fundamental challenge to upholding human rights values, especially regarding gender mainstreaming and the equality of both sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given thecultural traits that produce their own modes of thinking and ideology. It is thus understandable that Article 5(a) of the Women’s Convention (i.e.,The Convention on the Elimination of all Forms of Discrimination Against Women), which is the only provision in international law that seeks to modify cultures that prejudice women, will deal with constant hurdles in countries like Indonesia that firmly embrace cultural values. This is true even though a signal of commitment has been shown by ratification because the signal itself makes not reservation to the obligations stipulated therein. However, these commitments remain highly questionable as discriminatory laws remain in force across the country from the national to the local level and new discriminatory regulations continue to be issued. The Committee of Elimination of Discrimination Against Women (CEDAW) has reminded Indonesia at some occasion that cultural and religious values must not undermine the universality of women’s rights. Nevertheless, up until now, the authorities have always failed to create a clear timeframe for revision of laws that institutionalize negative stereotypes against women. Taking this perspective into account, this paper will explore the reasons for and indicators of Indonesia’s failure to implement Article 5(a) to modify cultural values and stereotypes against women in its legal system and instruments. In doing so, this paper will also dig deeper into Indonesia’s barriers to implementing its state obligations under this article.
GRAPHICAL REPRESENTATION IN THE FORM OF LABEL MEREK/MARK ETIQUETTE IN RELATION WITH NON-CONVENTIONAL TRADEMARKS REGISTRATION IN INDONESIA Sacabrata, Ilham Azenal
Indonesia Law Review Vol. 9, No. 1
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Legal development introduces the new type of trademarks differ to those of the conventional ones. This paper gives an account of non-conventional trademarks categories, particularly sound, scent and taste mark, in terms of their registration. Subsequently, it also further illustrates that graphical representation, as a prerequisite, stifles the registration of non-conventional trademarks through recent studies and cases both in the European Union and United States. European Union, under Trademark Directive 2008, required graphical representation as a requirement which turned out to be the primary problem in terms of registration for non-conventional trademarks. United States, having no such requirement, tend to be more acceptable in registering non-conventional trademarks. This paper also argues that graphical representation is immaterial and its removal from the relevant provision increases the legal certainty and flexibility. Problem of non-conventional trademarks registration incurred by graphical representation requirement is most likely to be faced by Indonesia which tries to encompass the protection of non-conventional trademarks. Indonesian Trademark Law requires Label Merek (a representation form), which in common practice is seen merely as representation form that consists of lines, images and character (graphically represented form), as a minimum requirement for trademark registration. Seeing Label Merek merely as a graphical represented form will stifle the registration of non-conventional trademarks. Therefore, such representation form needs to be construed broadly beyond graphically represented form in order to encompass the protection of non-conventional trademarks.
INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM (SVLK): IN PURSUIT OF SUSTAINABILITY IN FOREST GOVERNANCE Kadir, M. Yakub Aiyub
Indonesia Law Review Vol. 9, No. 1
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This paper investigates the Indonesian Timber Legality Assurance (Sistem Verifikasi Legalitas Kayu, SVLK) and its nature to produce legal wood under the European Union-Forest Law Enforcement Governance and Trade (EU-FLEGT) system. It is intended to ensure the exporting states control over legality of wood under new forest governance and its enforcement in EU market. Using a critical legal analysis, this paper argued that the SVLK could present legality in a formalistic way, but it could not guarantee the substantial meaning of benefit for sustainability, participatory and community. Therefore this paper contributes to provide a better understanding of the application of SVLK in Indonesia, along with reflecting some recommendations, as developing SVLK for domestic market, and replicating it into other exporting natural resources products. The comprehensive approaches for enforcing SVLK can lead to accelerate sustainability in more practical and grounded sense, to improve forest governance and welfare for local people therein.
TWO IDEAS OF ECONOMIC DEMOCRACY: CONTEXTUAL ANALYSIS ON ROLE OF INDONESIAN CONSTITUTIONAL COURT AS A GUARDIAN OF DEMOCRACY Prasetyo, Kukuh Fadli
Indonesia Law Review Vol. 9, No. 1
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This study analyses the role of guardian of democracy performed by Indonesian Constitutional Court in reinterpreting the ideas of economic democracy. Although, in the 1945 Constitution, the economic democracy is well-derived from the mind’s eye of social justice which is established in Pancasila, some economic legislations tends to ignore the idea of economic democracy. Therefore, the Constitutional Court examined the disputed norms through constitutional review in order to maintain constitutional economic order. Besides, as elaborated by the Writer, the “ratio decidendi” stood behind some Constitutional Court’s verdicts used an approach which kept the two fundaments of democracy maintained. Apparently, as the guardian of democracy – not merely the protector of human rights, the Constitutional Court considered the conceptions of freedom and equality consecutively in its judicial verdicts. In this context, if liberty and equality are embodied at proportional measures in Indonesian democracy, the general welfare idealised in the Preamble of the 1945 Constitution will be promoted in our national life.

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