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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 296 Documents
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PROPERTY RIGHTS FOR NATURAL RESOURCES MANAGEMENT IN INDONESIA: HAVE THEY BEEN RULED UNCONSTITUTIONAL? Waddell, Sarah
Indonesia Law Review Vol. 2, No. 2
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Abstract

A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3)) introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights such as fisheries rights, water use rights and rights associated with carbon sequestration. An exploration of theConstitutional Court’s decisionsuggests that a similar line of reasoning would not, and should not,arise in relation to other forms of property rights that the Government of Indonesia may seek to introduce in the future.
ANALYSIS ON THE CONTROL FUNCTION OF THE DEWAN PERWAKILAN DAERAH (REGIONAL REPRESENTATIVES COUNCIL) THE REPUBLIC OF INDONESIA Fatmawati, Fatmawati
Indonesia Law Review Vol. 2, No. 2
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Abstract

The Dewan Perwakilan Daerah (Regional Representatives Council - DPD) and the Dewan Perwakilan Rakyat (House of Representatives - DPR) are institutions which represent the people in the parliament of the Republic of Indonesia. However, these two institutions do not have equal powers, including the powers related to the control function. The DPD’s function related to control is provided for under Article 22D paragraph (3), Article 23E paragraph (2), andArticle 23F paragraph (1) ofthe ThirdAmendment to the 1945 Constitution of the Republic of Indonesia. The DPD can exercise control of the implementation of certain laws related to regional interests, the implementation of the State Budget, taxes, education and religion, reporting on the results of supervision exercised by it to the DPR; it receives the results of state finance audit conducted by the Badan Pemeriksa Keuangan (Audit Board - BPK), and provides its consideration to the DPR in electing members of BPK. Based on a comparison among various countries it is evident that although some countries have weaker control authorities compared to those of the DPD, it is the DPD elected directly through the general elections which has the weakest authority among them. Proportionate powers need to be granted to the DPD in order to ensure that that the objective of its establishment in representing the interests of the regions may be achieved.
THE PROTECTION OF CONSUMERS’ RIGHTS AND THE APPLICATION OF CRIMINAL LAW IN THE UNLAWFUL OPERATION OF SERVICES AND CONTENT SERVICE APPLICATIONS Makarim, Edmon
Indonesia Law Review Vol. 2, No. 2
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Abstract

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as setf orth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counter productive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.
CONTRACT LAW IN A COMPARATIVE PERSPECTIVE Suharnoko, Suharnoko
Indonesia Law Review Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.
INDONESIA’S REGIONAL ANTI-CORRUPTION COURTS: SHOULD THEY BE ABOLISHED? Butt, Simon
Indonesia Law Review Vol. 2, No. 2
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Abstract

Indonesia’s regional anti-corruption courts have been criticised in recent times for perceived impropriety and for acquitting defendants. Senior jurists and politicians have called for these courts to be abolished or recentralised. This article suggests that neither abolition nor recentralisation is prudent and that these criticisms might not be supported by available case statistics. In any event, this article argues, acquittal rates are very poor indicators of judicial performance. Indeed, acquittals might be legally correct, or even necessary, in some cases. More resources should be allocated to these courts, and to the Corruption Eradication Commission so that it can investigate and prosecute more cases in Indonesia’s regions
The Manpower Aspect in the Field of Sports Kiswandari, Melania
Indonesia Law Review Vol. 2, No. 3
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Abstract

As a result of enhanced professionalism and commercialization in the field of sports, it has become an industry of its own. Professionalism and industrialization are correlated; therefore sports actors’ performance achieved as a result of their professionalism lead to the commercialization, and even to the industrialization of certain (branches of) sports. On the other hand, it is considered that industrialization which involves the commercial aspect is able to maintain, and even enhance sports actors’ professionalism/performance. In practice, such correlation is not always directly proportional, but inversely proportional. There have been cases of issues related to sports actors’ welfare not being properly fulfilled, in fact, being far below the general manpower standards applicable to people doing work (workers/laborers). In general such cases include late or non-payment of wages, reducing bonuses, implementation of contract not accordance with the initial agreement, unilateral termination of contract without compensation for damages and others. The frequently arising question is whether sports actors, particularly athletes, have the status of ‘nonemployee’ professionals, or the status of ‘employees’. The various existing opinions related to such issue of status raise certain legal implications, particularly from the manpower aspect which emphasizes the welfare and legal protection of ‘workers’, which are also often experienced by athletes. It is expected that this article will be able to provide to the readers a broader view regarding the status of athletes’ ‘manpower’ status
Determining Quorum of Attendance and Decision Making In the General Meeting of Shareholders Based on Court Stipulation Due To the Neglectful Absence of the Majority Foreign Shareholder in a Joint Venture Company (A Foreign Capital Investment Analysis Hertanto, Ari Wahyudi
Indonesia Law Review Vol. 2, No. 3
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Abstract

The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority shareholder) fail to act in good faith or have an internal dispute with other shareholder(s) in the company. The shareholder concerned can use such majority position to cause a dead-lock in the GMS, as a result of which the rest of the shareholder(s) are unable to make any decisions concerning the proposed GMS agenda. The aim of this article is to look at the effectiveness of Article 86 of the Indonesian Company Law for the purpose of overcoming the above described situation. The said Article 86 was formulated without considering the possibility of shareholders intentionally undertaking such unlawful measures. Moreover, the article is aimed at observing the concordance between the Indonesian Company Law and the Indonesian Procedural Law
The Conceptual Framework of Crimes Againts Humanity in Historical Context and Indonesian Law Maskun, Maskun
Indonesia Law Review Vol. 2, No. 3
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Abstract

The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction of the Law No. 26 year 2000 is and genocide and crimes against humanity. The Law No. 26 year 2000 also adopts the idea of Ad hoc tribunal that is possible to apply ex post facto justice. Finally, it plays important role in order to protect Indonesian interest and to fulfill international community point of views.
EQUITY AND THE GLOBAL POLICY ON CLIMATE CHANGE: A LAW AND ECONOMIC PERSPECTIVE Wibisana, Andri G.
Indonesia Law Review Vol. 2, No. 3
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Abstract

The opponents of the global commitment to reduce greenhouse gases (GHGs) emissions seem to have shifted their arguments from the one emphasing on the issue of uncertainty to the one focusing on the economic burdens disproportionately placed on the current generation in general, and some developed countries in particular. Inevitably, the issue of equity becomes of highly importance in the recent climate policy debates. This paper attempts to analyze the implementation of equity principles, i.e. intergenerational and intragenerational equity, in the global climate policy. In doing so, it will first briefly outline some prominent economic appraisals on the impacts of climate change. Afterwards, some proposals to incorporate equity into the economic appraisals will be analyzed. Emphasizing on the concepts of equity, this paper will finally offer some recommendations for post-Kyoto negotiations.
ONE ROOF JUDICIAL SYSTEM IN INDONESIA Sufiarina, Sufiarina; Fakhriah, Efa Laela
Indonesia Law Review Vol. 2, No. 3
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Abstract

Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in judicial power at various courts. The objective of this research is to understand the developments in the endeavors towards bringing the Indonesian judicial system under the one roof judicial arrangement developed by the Supreme Court. The type of research applied is descriptive normative juridical research, namely legal research based on examining secondary data. As the research results indicate, the one roof system developed by the Supreme Court is already being implemented, with the exception of the Military Court and the Tax Court within the State Administration Court jurisdiction.

Page 10 of 30 | Total Record : 296

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