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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. 3" : 7 Documents clear
DEVELOPING A LEGAL FRAMEWORK OF PERSONAL DATA PROTECTION IN THE INDONESIAN CRIMINAL PROCEDURE LAW Sitompul, Josua
Indonesia Law Review Vol. 9, No. 3
Publisher : UI Scholars Hub

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Abstract

Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to answer the question: how may Indonesian law enforcement authorities interpret the current law to establish a coherent legal framework to protect personal data in searching or seizing voluminous data? The interpretation is instrumental in supporting the development of the Indonesian regime on personal data protection. It proposes that the Indonesian criminal procedure law should emphasise the active role of the chief judges of competent district courts and should incorporate specificity and proportionality as conditions and safeguards in the execution of search and seizure of electronic evidence.
THE 1958 NEW YORK CONVENTION IN INDONESIA: HISTORY AND COMMENTARIES BEYOND MONISM-DUALISM Lumbantobing, John
Indonesia Law Review Vol. 9, No. 3
Publisher : UI Scholars Hub

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Abstract

This Article recounts a complete history of Indonesia’s implementation of the 1958 NY Convention. In particular, the elaboration and analysis focus on the comparison between related provisions in the 1999 Indonesian Arbitration Law and the Convention’s provisions as well as on several key Indonesian court decisions on enforcement of foreign arbitral awards. Different than other writings in this area, this Article looks more closely at the practical issues which affect the way Indonesian courts apply or interpret the 1958 NY Convention, such as procedural hurdle and the judicial capacity to comprehend and understand basic concepts and principles of arbitration. The Article shows that those practical issues very much influence the implementation of the Convention in Indonesia while the courts oscillate between monism and dualism, and highlights the important role of doctrines in developing Indonesian jurisprudence on this area. In that vein, the conclusion here may also contribute in answering the wider question about the position of treaties under Indonesian law and how they are implemented in Indonesia beyond the superficial debate on monism-dualism.
CONTEXTUALIZING RESTORATIVE JUSTICE THROUGH DIVERSION MECHANISM: A STUDY OF INDONESIA JUVENILE JUSTICE SYSTEM Rahman, Faiz
Indonesia Law Review Vol. 9, No. 3
Publisher : UI Scholars Hub

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Abstract

Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm in the Juvenile Court Law, as the previous statutory basis for juvenile justice in Indonesia, to restorative justice paradigm. The new Law introduces the Diversion mechanism as a means to implement the restorative justice approach. This article seeks to discuss how restorative justice can be contextualized through diversion mechanism, as well as to consider whether the new Indonesia Juvenile Justice System utilises restorative justice in a marginalized, boutique, or tokenistic way. Furthermore, this article uses statutory and theoretical approaches to examine the contextualization of restorative justice through the diversion mechanism introduced in the new Juvenile Justice System Law.
THE EMBODIMENT OF ADAT LAW AS AN ELEMENT OF LEGAL CERTAINTY IN ADMINISTRATION OF ADAT RIGHTS Gunadi, Anne
Indonesia Law Review Vol. 9, No. 3
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Abstract

Former Adat land is formed based on the assessment of Adat Law, not because of state granting or land registration, and the Agrarian Basic Law recognizes it through provisions on conversion provisions, where former customary land rights are converted into ownership rights if the subject is an Indonesian citizen. The registration of former adat land rights aims to guarantee legal certainty, by abolishing former customary land, and being converted to ownership rights, with the issuance of certificates of land rights, which are formally subject to the system of control over land regulated in Agrarian Basic Law. Before the enactment of the Agrarian Basic Law, on customary land, only a fiscal cadastre was carried out, for the purpose of collecting land taxes, with evidence of girik, kekitir, petuk, kohir or excerpt from letter C, for adat land located in villages or Indonesian respondents for adat land in the city. From the point of proof of former adat land rights, consisting of complete written evidence, incomplete written evidence or no written evidence at all, carried out in 2 two) the procedure for registering former adat land rights is a conversion confirmation procedure only for complete written evidence and procedure for recognition of rights followed by conversion, for written evidence that is incomplete or non-existent at all. Legal uncertainty in registering former adat land rights is due to legal actions or events that have occurred since the enactment of the Basic Agrarian Law until the last rights holder is not recorded in the land book in the village or kelurahan, so the community or village head does not know the land history, legal subject the object of the plot of land and the legal relationship that occurs relating to the control of the land. In overcoming this legal uncertainty, using normative juridical methods, the principle of adat law was reduced to legal principles, which were used as parameters for head of adat or village heads in determining legal certainty regarding the legal status of adat land, legal subjects, land objects, legal relations relating to control of adat land as well as in the management of land book administration in the village or kelurahan that is open to the public.
LIMITATION OF RIGHTS AS A MANIFESTATION OF DUTIES AND RESPONSIBILITIES PERTAINING TO THE FREEDOM EXPRESSION IN DIGITAL COMMUNICATIONS Makarim, Edmon; Brata, Muhammad Ibrahim; Arsyafira, Nabilla
Indonesia Law Review Vol. 9, No. 3
Publisher : UI Scholars Hub

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Abstract

The freedom of expression is thriving due to the global use of the internet. The digital era has revolutionized the scope, practices, and even the definition of freedom expression. However, it also evokes a number of social concerns. Offenses such as the circulation of defamation, hate speech, misleading propaganda to the masses, and fraud, for instance, can be found in the internet. Certain limitations deriving from the conditions prescribed by the human rights principles and instruments as well as the national constitution are therefore prudent to prevent the excess of freedom. As a state that abides to the rule of law, Indonesia recognizes the freedom of expression as a manifestation of human rights that is crucial to democracy. While new laws such as the Information and Electronic Transaction Act have been enacted to answer the challenges brought by the digital era upon the freedom of expression, the question of whether the existing laws have accommodated an ideal balance between restriction and protection for the freedom of expression remains a matter worth reviewing. This paper aims to study the limits of the freedom of expression, particularly in the digital context, in the constellation of the Indonesian legal system and how they converge and correlate with one another. Finally, this study concludes that the Indonesian government must protect its citizens from the spread and use of illegal content in electronic communications by enforcing and harmonizing its criminal, private, and administrative law configurations.
BALI MAWACARA: IS A QUASI-COMMON LAW SYSTEM DEVELOPING IN BALINESE CUSTOMARY LAW? Kelly, Danial; Windia, Wayan P
Indonesia Law Review Vol. 9, No. 3
Publisher : UI Scholars Hub

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Abstract

The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational sources and purposes of authority in the Balinese customary law system and analyse the pressures of change upon that system. It will be argued that an embryonic quasi-common law system is developing in the Balinese customary law system due to the recent formation of the Majelis Utama Desa Pakraman and the Bali mawacara jurisprudence.
BOOK REVIEW INTERNATIONAL MIXED MARRIAGE IN INDONESIA AND ASEAN Arijati, Lita
Indonesia Law Review Vol. 9, No. 3
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Abstract

This book is focusing the commitment of marriage between two individuals who have two different nationalities or which involves two or even more legal systems results in a contact or connection between different legal systems. This contact or connection arises from a situation whereby the bride and the groom do not have the same nationality, or are not living in the same state, or do not have the nationality of the country in which they live.

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