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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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INFORMAL DISPUTE RESOLUTION BASED ON ADAT LAW: A CASE STUDY OF LAND DISPUTE IN FLORES, EAST NUSA TENGGARA, INDONESIA Sopian, Najmu Laila
Indonesia Law Review Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

The issue of law enforcement is central to land property rights. Modes of property rights enforcement can be performed either with or without intervention of the state. This article focuses on the latter mode of enforcement; that is, how people manage to enforce their land rights without the involvement of state institutions and to what extent informal arrangements can offer effective enforcement and secure land property rights. This article also contributes to the debate on how formal and informal institutions can be used to secure property rights and resolve disputes over land ownership. In particular, this paper examines how the people of Flores, East Nusa Tenggara Province, settle land disputes among themselves. Many available studies indicate that the residents of Flores rely heavily on informal land dispute resolution based on adat (customary) law rather than formal or legal rules. Adat provides certain sense of security and has been proven effective in resolving conflicts in a relatively closed and homogeneous community. Moreover, it offers greater accessibility, flexibility and legitimacy that support reconciliation process between the disputing parties.
REVISITING SELF-DETERMINATION CONFLICTS IN INDONESIA: AN INTERNATIONAL LAW PERSPECTIVE Kadir, M. Yakub Aiyub
Indonesia Law Review Vol. 5, No. 2
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Abstract

Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, the relationship between the central government in Java and some regional communities has been fluctuating for decades after the independence. This paper examines three conflicts over the rights of self-determination in in three areas in Indonesia by reflecting on the historical background of Indonesia’s struggle for self-determination. Besides that, it also seeks to demonstrate the way Indonesia’s integrity has been negotiated to accommodate internal and external forces to achieve self-determination from international law perspective. Furthermore, this paper also contributes to the scholarly discussion on the concept of self-determination and the conflicts that it caused in Indonesian context, while also proposing some insights into the efforts to preserve Indonesia’s unity and integrity for years to come.
‘PRO ENFORCEMENT BIAS’ UNDER ARTICLE V OF THE NEW YORK CONVENTION IN INTERNATIONAL COMMERCIAL ARBITRATION: COMPARATIVE OVERVIEW Junita, Fifi -, -
Indonesia Law Review Vol. 5, No. 2
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This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions of recognition and enforcement arising under Article V of the NYC. Therefore, this approach is a good signal and a promising development to promote the finality and enforeability of foreign arbitral awards in international commercial arbitration. This approach can also be a good lesson for the Indonesian judiciary system in relation to the enforcement and recognition of international arbitral awards in the future.
The position and authority of the Aceh Shari'a court on the Indonesian justice system Sufiarina, Sufiarina
Indonesia Law Review Vol. 5, No. 2
Publisher : UI Scholars Hub

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Abstract

Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law on Judicial Power which raises a legal issue and therefore requires juridical solution. The inconsistency is subject to juridical normative study within the scope of a research concerning the level of horizontal synchronization, using descriptive analysis. The method applied for data collection in this research is through literature study supported by field data. The data obtained is analyzed by using juridical qualitative method. This study concludes that, in fact, the Shariah Court is neither a special court, nor does it stand in two systems of courts. Both in terms of general administration as well as case management, the Shariah Court is a Religious Court for the territory of the Province of Nanggroe Aceh Darussalam, the competence of which has been expanded in the context of the implementation of special autonomy, particularly in the field of the implementation of Islamic shari’a.
THE PURPOSE OF LAW, PANCASILA AND LEGALITY ACCORDING TO ERNST UTRECHT: A CRITICAL REFLECTION Manullang, Fernando Morganda
Indonesia Law Review Vol. 5, No. 2
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Abstract

Ernst Utrecht is one of the best legal scholars Indonesia has ever had. His political views position him as an organic intellectual; a legal scholar involved in and expressing the social consciousness, both in the academic as well as in the political arena. His controversial involvement came to a tragic end, causing him to leave Indonesia for good. This article describes and reflects on some of Utrecht’s rather controversial ideas about law and politics; namely, first, “pengayoman” (guardianship) the purpose of law in Indonesia, a purpose of law which is almost completely absent from the mainstream conception of the purpose of law in contemporary legal texts, as he relates it to the idea of revolution and the teaching of Marxism, albeit taking a more critical approach. Second, Pancasila as state ethics and grundnorm, a theme which remains debated up to the present time, in spite of Kelsen’s express statement that grundnorm must be clean from non-legal elements, thus the implication of recognizing Pancasila as state ethics is that Pancasila as grundnorm loses its theoretical ground. Finally, the principle of legality, subject to Utrecht’s strong critique for reflecting the interest of those in power only. All of his above described thinking undoubtedly reaffirm Utrecht’s predicate as one of the best legal scholars Indonesia has ever had.
The Political Context of Judicial Review in Indonesia Siregar, Fritz Edward
Indonesia Law Review Vol. 5, No. 2
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Abstract

The Constitutional Court of Indonesia plays significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continues to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution. The first Chief Justice Jimly Asshiddiqie showed how within five years of the Court’s establishment, he could strategically maximize its momentum and build the Court as a respectful institution. The Chief Justice Mahfud M D was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud M D brought the Court to a level far beyond the imagination of the Constitution drafters. Parliament and President tried to limit the Court’s authority, not ones, and the Court was able to overcome those constrain. Current various available studies observed only how the Court issued their decisions and solely focus to the impact of the decisions. Scholars slightly ignore other constitutional actors in studying about the Court. In fact, political environment where the Court operated is one of the most important aspects which strengthen the Court’s institutional legitimacy. This paper attempts to discover the rise of the Court from political environment view outside the court. Political parties’ maturity and political constraint are the key factors that support the development of the Court’s institutional power.
The Voice of the Law in Transition A'yun, Rafiqa Qurrata
Indonesia Law Review Vol. 5, No. 2
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Abstract

It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian language of the law which has replaced the Dutch language. Massier criticize instrumental approach to language and the impact of Dutch in Indonesian law language. His analysis refers to James Boyd White's statement about a translation of authoritative texts as the primary feature to define law itself. It is the perspective of doing law as a lingual activity that consists of communicating, speaking, and writing. Almost all legal processes produce texts, and therefore the text means the authority of the law.
Multiple Authorisation: The Legal Complexity of Desentralisasi in Indonesia and the Potential Contribution of IIAs in Reducing Confusion Ewing-Chow, Michael; Losari, Junianto James
Indonesia Law Review Vol. 5, No. 3
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Abstract

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. In certain cases, desentralisasi has also led to claims by foreign investors for investor-State arbitration under Indonesia’s international investment agreements (IIAs). This paper analyses the problems of desentralisasi in Indonesia, its effects to foreign investors and suggests ways to alleviate the problems by modifying and using Indonesia’s IIAs effectively.
Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS) Nordin, Rohaida; Whelan, Jennifer; Aziz, Saidatul Nadia Abd.; Rajagopal, Meerah Deiwi
Indonesia Law Review Vol. 5, No. 3
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Abstract

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia and five ASEAN State Members. This article also highlights the various stands taken by various countries providing better legal framework and practices regarding the terms for protection and enforcement of human rights for UMAS. Finally, this article provides recommendations for Australia and ASEAN Member States to adopt in order to realise the international human rights of UMAS with respect to guardianship.
Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development Yusuf, Adijaya; Ariadno, Melda Kamil; Afriansyah, Arie
Indonesia Law Review Vol. 5, No. 3
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Abstract

Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in the Inland waters, archipelagic waters and the Territorial Sea. This article aims to examine the legal framework and mechanisms of fisheries subsidies in the aspects of trade and sustainable development. In this article, discussion would carried out in order to examine the legal framework and mechanisms of marine fisheries subsidies that are implemented with the principles of fair-trade and sustainable development, both in the international level, as well as in the national level. Thus, this research is expected to be able to bridge the interests of developed countries and developing countries, especially Indonesia, in order to achieve fair trade in the field of fisheries and resource utilization of sustainable fisheries.

Page 16 of 30 | Total Record : 296

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