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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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MAINSTREAMING HUMAN RIGHTS UNDER NATIONAL AND INTERNATIONAL LAW: LEGAL AND EPISTEMIC QUESTION Olawuyi, Damilola S.
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope of human rights mainstreaming and the practical aspects of human rights mainstreaming, particularly whether institutions consisting of ‘outsiders’ to the human rights epistemic community can interpret and enforce human rights obligation. Put simply, do environmentalists, scientists and outsiders to human rights have the capacity to mainstream human rights? This paper examines the scope and tenets of human rights mainstreaming, it then discusses the practical aspects of mainstreaming human rights into policy making, particularly how epistemic concerns on human rights mainstreaming can be addressed in national and international policy design and implementation. There is virtually no aspect of our work that does not have a human rights dimension. Whether we are talking about peace and security, development, humanitarian action, the struggle against terrorism, climate change, none of these challenges can be addressed in isolation from human rights. Ban Ki-moon, Secretary-General of the United Nations.
THE ROLES OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA IN ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARDS IN INDONESIA Hikmah, Mutiara
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law
INTERNATIONAL COOPERATION AMONG STATES IN GLOBALIZED ERA:THE DECLINE OF STATE SOVEREIGNTY Koesrianti, Koesrianti
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

This article discusses the national sovereignty and regionalism in the context of the membership of a state into regional economic organisations. It concludes that in nowadays-shrinking world the traditional concept of sovereignty is less relevant since states have suffered a loss in their sovereignty. It found that member states of regional economic organisations have to cede a degree of sovereignty, such as in the EU. This phenomenon however is not the case for NAFTA and AFTA.
SOCIAL ENGINEERING THROUGH SHARI’A: ISLAMIC LAW AND STATE-DIRECTED DA’WA IN CONTEMPORARY ACEH Feener, R. Michael
Indonesia Law Review Vol. 3, No. 3
Publisher : UI Scholars Hub

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Abstract

This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, including European and American theories of the sociology of law. rough examinations of these influences on discussions of Islamic law in Aceh, this essay demonstrates the degrees to which contemporary Sharī’a implementation is inextricably linked to broader configurations of law, moral authority, and state power in the modern global order.
PERJANJIAN TRIPS DAN BEBERAPA ISU STRATEGIS (TRIPS AGREEMENT AND SEVERAL STRATEGIC ISSUES) Hakim, Fika
Indonesia Law Review Vol. 1, No. 2
Publisher : UI Scholars Hub

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Abstract

Intellectual Property Rights is one of the most important aspects of foreign investment. Although intellectual property rights is a key element in the TRIPs Agreement, but this book does not discuss the specifics of Intellectual Property Rights (hereinafter referred to as IPR) itself. This book also addresses three other strategic issues in addition to IPR, which are transfer of technology, Traditional Knowledge and Genetic Resources Folklore (SGPTF), and TRIPS Plus. In addition, the book also discusses the relation between TRIPs and the developing countries, especially Indonesia, and also its relation to developed countries.
BOOK REVIEW MARITIME SECURITY AND INDONESIA: COOPERATION, INTERESTS AND STRATEGIES Darmawan, Aristyo Rizka
Indonesia Law Review Vol. 10, No. 1
Publisher : UI Scholars Hub

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Abstract

Senia Febrica in her book Maritime Security and Indonesia: Cooperation, Interests, and strategies provides a deep analysis of the maritime security challenges of Indonesia and how Indonesia responds to it. Indonesia as the largest archipelagic states in the world with a vast maritime zone ranging from archipelagic water, internal water, contiguous zone, continental shelf, and exclusive economic zone are facing a lot of threat from outside as well from inside Indonesia. Moreover, the fact that Indonesia is located in a strategic location for international trade routes such as Malacca strait made Indonesia’s strategies in dealing with maritime security threats more important.
BOOK REVIEW FATWA IN INDONESIA: AN ANALYSIS OF DOMINANT LEGAL IDEAS AND MORE OF THOUGHT OF FATWA-MAKING AGENCIES AND THEIR IMPLICATIONS IN THE POST-NEW ORDER PERIOD Susetyo, Heru
Indonesia Law Review Vol. 10, No. 2
Publisher : UI Scholars Hub

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Abstract

The book was written by Dr. Pradana Boy ZTF, a lecturer at Faculty of Islamic Studies Universitas Muhammadiyah Malang, and a prominent scholar of Muhammadiyah is derived from his dissertation at the National University of Singapore (NUS) in 2015. This book looks at fatwa in Indonesia during the fall of President Suharto (New Order) in 1998. It is about the exploration of three fatwa-making agencies namely Majelis Ulama Indonesia (Indonesian Council of Ulama), Lajnah Bahtsul Masail Nahdlatul Ulama (‘Bahtsul Masail’ means discussion of the problems), and Majelis Tarjih Muhammadiyah (‘Majelis Tarjih’ means ‘Assessment Council’).
BOOK REVIEW THE SPECTRA OF AUTHORITARIANISM IN SOUTHEAST ASIA Sujatnika, Ghunarsa
Indonesia Law Review Vol. 10, No. 3
Publisher : UI Scholars Hub

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Abstract

This book results from of a collaboration between SHAPE-SEA and academics/experts who focus on variants of authoritarian practices that hit countries in ASEAN. The discussion presented by the authors aims to identify, understand, and analyze the effects of authoritarian regimes on democratic life in ASEAN. In this regard, this book attempts to present how human rights and fundamental freedoms can be compromised, as well as how vulnerable groups are increasingly marginalized.
Nine-Tenths of the Law: Enduring Dispossession in Indonesia Tuslian, Widya Naseva
Indonesia Law Review Vol. 11, No. 1
Publisher : UI Scholars Hub

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Abstract

In many developing countries, land ownership is something less established and not backed by long-standing legal protection as opposed to the developed countries. Indonesia is a case in point of those developing countries. In Indonesia, the struggle over land ownership has been something at all times. The conflicts over land ownership persist and develop alongside the times, political, and regime changes until the present day. Moreover, in the context of legal and institutional pluralism with multi-layers of rules and jurisdictions like in Indonesia, a claim over land can be made by many actors, which involves many authorities that govern it. Additionally, colonialism as a historical context adds another layer of intricacies of land conflicts and claims in Indonesia.
Book Review Sovereignty and the Sea: How Indonesia Became An Archipelagic State Soepandji, Kris Wijoyo
Indonesia Law Review Vol. 8, No. 1
Publisher : UI Scholars Hub

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Abstract

The book, which is published by the National University of Singapore Press, is written by two professors, John G. Butcher and R. E. Elson who are based in Australia. The writers explained on how Indonesia managed to earn the place as the greatest archipelagic state in the world, as gaining international recognition for its claim when the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” which had given these states sovereignty over their “archipelagic waters”, in the year of 1982. The book which has very strong subject on Indonesian and International Law is written by two professors which have no law background, put the important point on how a small group of Indonesians diplomat gave their persistence effort and finally give tremendous effect on how International Law of the Sea is currently conducted.

Page 13 of 30 | Total Record : 296

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