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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
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Search results for , issue "Vol. 9, No. 2" : 7 Documents clear
LEGAL PROTECTION FOR RECIPIENTS OF FOREIGN FRANCHISE RIGHTS IN INDONESIA Sugeng, Sugeng
Indonesia Law Review Vol. 9, No. 2
Publisher : UI Scholars Hub

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Abstract

Due to gobalization, world trade has increased tremendously. Franchising having surged as one of the many business models has the potential to improve the economy of the community. Basically, franchising refers to a method of goods and services distribution to consumers. The party who owns the method is referred to as the franchisor, while the party given the right to use a method the franchisee. This article examines the legal issues that arise in granting license rights from foreign franchisors to franchisees, and how the laws in Indonesia provide protection for the rights and obligations of the parties. The research employed the normative juridical method or library research. Normative legal research examines the law as a positive norm as it is written in the book. In accordance with Article 1320 and 1338 of the Indonesian Civil Code, arrangements of franchising agreement in Indonesia are based on the agreement between the parties. To provide legal protection for recipients foreign franchise in Indonesia, the government has enacted the Government Regulation No. 42/2007 on Franchise and Trade Minister Regulation No. 53/2007 on the Implementation of Franchising. In principle, the settlement of the problems that occur in international franchising agreement would be resolved by consultation or negotiation. If consensus is not reached, the parties can take the dispute to international arbitration. In general, the dispute over the franchise business concept is mostly resolved through the general justice institution.
DECONSTRUCTING SIMPLE EVIDENCE IN BANKRUPTCY PETITION FOR LEGAL CERTAINTY Shubhan, M. Hadi
Indonesia Law Review Vol. 9, No. 2
Publisher : UI Scholars Hub

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This study analyzed the theories, norms, and practice of simple evidence (pembuktian sederhana) which have become the requirements for bankruptcy petition applications. The evidence applied in the procedure law of the bankruptcy petition and the Suspension of Debt Repayment Obligation or PKPU was simple evidence. The existence of the simple evidence requirement actually caused the bankruptcy petition to have a complication and legal uncertainty. Therefore, the norm of simple evidence needs to be reconstructed. The aspects that have fulfilled simple evidence in the bankruptcy petition or PKPU application included two (2) bankruptcy requirements, namely, unpaid debt that has matured and is collectible and the presence of at least two creditors. The research results found that the Bankruptcy Law determined that simple evidence in bankruptcy was necessary. However, the Bankruptcy Law did not definitively set the limits referred to as simple evidence, which resulted in norm obscurity. In practice, the judges had rejected bankruptcy petitions with unimportant considerations in evidence. In addition, disparities took place in bankruptcy decisions in applying simple evidence because there were complicated cases regarding the conditions for bankruptcy petitions. The court, on the other hand, considered and decided that the cases were not simple. Conversely, there were also simple cases that were adjudicated by the court to be not simple, thus, their bankruptcy petitions were overruled.
A NEW ROLE OF CAUSATION THEORY TOWARDS ACHIEVING ECONOMIC CONTRACTUAL EQUILIBRIUM: MONITORING THE ECONOMIC EQUILIBRIUM OF THE CONTRACT Amayreh, Osama Ismail; Zakri, Izura Masdina Mohamed; Tehrani, Pardis Moslemzadeh; Shandi, Yousef Mohammad
Indonesia Law Review Vol. 9, No. 2
Publisher : UI Scholars Hub

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The phrase “who says contractual, says justice” “qui dit contractuel dit juste” does not fully express the truth of our present reality, where the phrase itself falls into doubt, since the contract does not always result in fair obligations, as the contract is an expression of often unequal wills. In this regard, the French judiciary realized that the absence of justice in the contract might arise as a result of the contractual freedom afforded to the contracting parties and, thus, they developed the idea of Commutative Justice in the contract, such as the Piller’s decision, which is considered one of its most important applications. However, the causation theory in the Palestinian Civil Code Draft and the Indonesian Civil Code was limited to monitoring the matter of the existence of the corresponding obligation whatever it was. In this context, this paper seeks to prove that the provisions of the causation theory in the Palestinian Civil Code Draft and the Indonesian Civil Code can be used as a means of monitoring the economic contractual equilibrium of the contract. To do so, the legal provisions of the causation theory should be analysed in a comparative analytical approach with the French judicial decisions to illustrate the Palestinian and Indonesian legislative deficiencies and the need for adopting the French judicial approach.
CAUSES AND CONSEQUENCES OF THE WAR ON MARIJUANA IN INDONESIA Pangaribuan, Aristo Marisi Adiputra; Manthovani, Kelly
Indonesia Law Review Vol. 9, No. 2
Publisher : UI Scholars Hub

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This article argues that the current narcotics law regime is a factor to blame for the cause of prison overcrowding and unnecessary deprivation of liberty and dignity for its violator with the help of criminal justice tools. Multi-layer category of drug users introduced by the current narcotics law is leaving too much discretion for the law enforcement agency to criminalize marijuana user. Data shows that in Jakarta and Surabaya court alone, all marijuana users are charged with multiple articles and leaving no room for them to escape from a draconian sentence. This paper questions the repressive enforcement used by the Indonesian apparatus specifically on marijuana because it leads to other issues bigger than the personal use of marijuana itself. In the end, this article is proposing the change of legislation in marijuana law while at the same time taking the nature of political conservatism in Indonesia into account.
POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA Mulyati, Nani; Santoso, Topo
Indonesia Law Review Vol. 9, No. 2
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In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they have critical function in the democratic political process as acknowledge by the constitution. This paper examines the position of a political party in their criminal liability, whether they can be prosecuted, and sanctioned. In order to do that the scientific methodology used for this research is doctrinal legal research, scrutinizing some theories, regulations, and legal cases, and analyzing some legal theories on corporate legal personalities. It examines regulations and cases that describe the conditions when a political party can or cannot be prosecuted as political parties. It is concluded that political parties do have some peculiarities that ordinary private corporations do not, such as the important roles they play in constitutional life as they can contest election results and hold power in the government. Some countries treat political parties differently when it comes to criminal law. This research will provide valuable information for judges, other law enforcement officers, and academia in understanding the position of political parties in criminal liability.
THE MANDATORY USE OF NATIONAL LANGUAGE IN INDONESIA AND BELGIUM: AN OBSTACLE TO INTERNATIONAL CONTRACTING? Penasthika, Priskila Pratita
Indonesia Law Review Vol. 9, No. 2
Publisher : UI Scholars Hub

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Law Number 24 of 2009 on National Flag, Language, Emblem, and Anthem of Indonesia requires that any contract involving an Indonesian party must be drafted in Indonesian. In applying this law, the Supreme Court of the Republic of Indonesia, in Nine AM v. PT Bangun Karya Pratama Lestari judgment, annulled a loan agreement because it was considered to violate the language requirement. Although claiming to strengthen the use of Indonesian language in a contract, this judgment underscores a potential risk of voidance a foreign party face in entering into an agreement drafted in a foreign language when contracting with an Indonesian counterparty. On the other side of the hemisphere, the Court of Justice of the European Union in Anton Las v. PSA Antwerp NV and New Valmar BVBA v. Global Pharmacies Partner Health Srl drew the public attention to the obligation to use Dutch in employment contract and company documents as imposed in the Dutch-speaking region of Belgium. Despite Indonesia and Belgium being geographically far from each other, the abovementioned judgments underline the phenomenon that national language still plays an important role in influencing cross-border legal relations. This article seeks to explore the legal impacts of the obligation to use national language in contracts has on freedom of parties to contracting. It further argues that this obligation impedes international contracting.
BOOK REVIEW INDONESIAN LAW Irawaty, Rosewitha
Indonesia Law Review Vol. 9, No. 2
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Abstract

The authors have presented a snapshot of Indonesia’s legal system in a manner that breaks down the justification, significance and definitions of the country’s past and existing laws. Delivered in the format of a monograph, Lindsey and Butt were able to masterfully deduce as well as extract key points relating to the basic foundation of the country’s laws. The book underlines the importance of understanding history before delving into the law, such is the case in the book’s writing on the Constitution, in which the country’s state ideology was first explained and its developments detailed through the account of Indonesia’s formative years.

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