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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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THE RIGHTS OF PRIVATE ECONOMIC ACTORS UNDER THE WORLD TRADE ORGANIZATION AGREEMENTS IN INDONESIA Soeparna, Intan
Indonesia Law Review Vol. 2, No. 3
Publisher : UI Scholars Hub

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Abstract

Nothing in the Uruguay Round mentions directly about rights of private economic actors. It seems that the relationship to private economic actors (or may be individual) does not exist within the WTO Agreements, because as a general rule, private parties are not legal subjects of the international legal order. However, this article will prevail upon this situation, by looking closer at the essence of the WTO Agreements to discern the rights of private economic actors that derive from the WTO. The main question of this article is to what extent then Indonesia is dealing with the rights of private economic actors under the WTO Agreements? The background of this questionis because four years after ratifying the WTO Agreements, Indonesia has been facing what is arguably the most serious multidimensional crisis in 1997, some difficult situations have arisen from the crisis; therefore, the society hesitated to accept the open world trading system. The society seemed look askance to the implementation of the WTO Agreements. But Indonesian Government took major step to reduce the skepticism of society toward liberalization, by readjusting its national laws conform to the WTO Agreements with the intention to support the rights of national economic actors under the WTO Agreements in order to achieve total benefits of the WTO rules.
CHALLENGES FOR THE UNFCCC IN INDONESIA'S DECENTRALISATION Salahuddin, Melvin
Indonesia Law Review Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

This article is an examination of the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) as a Multilateral Environmental Agreement (MEA) in Indonesia. It identifies domestic challenges of the Convention in Indonesia’s decentralisation. The implementation of decentralisation policy in 2001 worsens the inherent problems faced by the Convention in Indonesia’s legal system. As a MEA, the Convention contains only general rules for the state parties and no specific legal obligation to reduce emission. The Convention also has legitimacy problems. The Indonesia’s method to transform treaties into domestic legal system is still problematic. These two challenges are worsened by the implementation of decentralisation policy. The national government faces difficulties to drive lower government units to adhere to the Convention rules because they have new authorities that can constraint effort to achieve the goal of the Convention.
IN DEFENSE OF THE FREEDOM OF THE PRESS: THE INDONESIAN PLAYBOY MAGAZINE CASE STUDY Pulungan, M. Sofyan
Indonesia Law Review Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

One of the most observable achievements in the development of liberal democracy in Indonesia after the fall of the Soeharto’s New Order is the flourishing freedom of the press. One notable case was the Indonesian Playboy magazine and court decisions pertaining to it, which was successful in drawing massive public and even international attention. By thoroughly describing thoughts, feelings, values, and beliefs of various actors involved, this article explains the impacts of liberal democracy experimentation in Indonesia after the amendment of 1945 Constitution. This case has provided an excellent opportunity in observing the rule of law in enforcing the freedom of the press in Indonesia facing social cultural elements strongly adhered to by Indonesian people.
COMBATING CORRUPTION BASED ON INTERNATIONAL RULES Maskun, Maskun
Indonesia Law Review Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

Corruption is a universal problem that is taking place all over the world, either in developed countries or developing or under developing countries. It is caused by some issues such as poorly designed economic policies, low levels of education, underdeveloped civil society, and the weak accountability of public institution. Those causes of corruption can be separated in some different types of corruption. The types are bureaucratic corruption, political corruption, grand corruption, and common corruption. In terms of tackling some problems of corruption, there are so many things to do including international law commitment. Some international law commitment can be seen like OAS Convention, OECD’s anti-bribery Convention, the UN Convention against Transnational Organized Crime, and the United Nation Convention against Corruption (UNCAC). Those laws must be analyzed not only in context of substantive of those laws but also how they are implemented in state practices.
THE UNSUCCESSFUL POVERTY REDUCTION STRATEGIES IN INDONESIA AND THE ALTERNATIVES SOLUTIONS (THE STUDY ON BLT AND JAMKESMAS) Iriani, Dewi; Mahendra, Wahyu
Indonesia Law Review Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

Indonesia as the 16th largest economy in the world, the 4th in Asia-after China, Japan and India as well as Southeast Asia’s largest-has the potential to be the seventh biggest by 2030, due to the increasing economic. Indonesia also has many potential natural resources that can be utilized to support development in order to increase the nation welfare. However, the number of poor people still has not been significantly reduced, reaching 28.07 million or 11.37% of the total population in 2013. The Government has tried to reduce poverty with some programs such as BLT (Bantuan Langsung Tunai/Direct Cash Assistance) and Jamkesmas (Jaminan Kesehatan Masyarakat/ Community Health Protection Scheme). However, the programs are considered not effective and do not make poor people become financially independent. Ironically, in inadequate evaluation, the Government continues to runs the programs. By using a qualitative approach, researchers will provide policy alternatives that can be implemented by Government.
JUVENILE SEX OFFENDER REHABILITATION: HOW THE US APPROACH CAN HELP INDONESIA SATISFY ITS COMMITMENT TO RESTORATIVE JUSTICE PRINCIPLES Amanda, Putri Kusuma
Indonesia Law Review Vol. 4, No. 1
Publisher : UI Scholars Hub

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Abstract

In July 2012, Indonesia enacted landmark legislation to reform the juvenile justice system. The Juvenile Justice Act is a break through which constituted to protect the rights of children in the juvenile justice system. This Act explicitly includes the principle of restorative justice, a principle that guarantees the government’s commitment to use rehabilitative and restorative approaches. The question that arises now is how this law can be satisfied through the implementation of the Act. Specifically, this paper will focus on how the restorative justice principle can be applied to juvenile commit sexual offense. This paper, learning from the United State’s rehabilitation system, will offer some suggestions to form the rehabilitation process for juvenile sex offenders in Indonesia, such as enhancing research about juveniles commit sexual offense, improving the law and regulation, and implementing counseling, supervised group homes, and other support mechanisms.
MINORITY SHAREHOLDERS’ PROTECTION IN THE INDONESIAN CAPITAL MARKET Sya'bani, Apri
Indonesia Law Review Vol. 4, No. 1
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Abstract

This paper explores the regulatory reform in Indonesia corporate governance along with capital market regulatory framework which has continuously been conducted in response to enhance minority shareholders’ protection and the implementation of corporate governance in public listed companies, particularly in protecting minority shareholder right through three short cases studies. The three cases analysed in this paper show that the implementation of corporate governance in public listed companies is still weak, resulting from the lack of awareness of how to implement corporate governance by the public listed companies, the opportunistic behaviour of public listed companies using loopholes in the regulations to the weaknesses in the enforcement of capital markets law.
Rules of Government Secrecy in the Law of Archives in Indonesia Prastyo, Brian Amy
Indonesia Law Review Vol. 3, No. 1
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Abstract

Every government operates secrecy as one of mechanism to protect the state, the people, and the assets from threats. There is lack of clarity of rules for the secrecy system in Indonesia. Ultimately, there is no uniform conception among government officials, because each agency makes its own policy and system. This condition brings disadvantage to society, because there is no clear guidance on this subject and it will not be able to push the government to act more responsible in managing the information. The rules about “closed archives” in Law No. 43 of 2009 about Archives and the term of “security classification” that mentioned in Government Regulation No. 28 of 2012 about the Implementation of Law No. 43 of 2009 about Archives, do not help at all in solving that problems. To get the accountability in the management of closed archive, the government does not have any other option than establishing a set of rules that describe a clear secrecy system. The secrecy concept can be framed within the concept of records life cycle, in order to be more adjustable to the existing system
CRITICAL REVIEW ON INDONESIA'S DRAWBACKS AS A PREFERABLE SEAT OF ARBITRATION Setyawati, Setyawati
Indonesia Law Review Vol. 3, No. 1
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Abstract

Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce arbitral awards and the respective judicial supports to conduct arbitration within the jurisdiction.
INHERITANCE LEGAL SYSTEM IN INDONESIA: A LEGAL JUSTICE FOR PEOPLE Barlinti, Yeni Salma
Indonesia Law Review Vol. 3, No. 1
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Abstract

As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i is the most influenced school for Indonesian people), Hazairin’s (bilateral) system of inheritance law (Hazairin was Profesor at University of Indonesia had different view from Imam Syafi’i), and Compilation of Islamic Law system of inheritance law (Compilation of Islamic Law is Islamic law written by Indonesian ulama and Islamic experts). The last, western inheritance law is a norm of heritage based on Burgerlijk Wetboek as legal product of Dutch government when occupied Indonesia. All three inheritance legal systems are available for Indonesian people. We are able to know the availability of these systems is from legal cases in the courts, civil court and religious court. On the paper will be explained comparison of three systems of inheritance law, legal subject using the system (personality principle), and implementation of the system in the courts.

Page 11 of 30 | Total Record : 296

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