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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 NATIONALIZATION OF THE DUTCH OWNED PLANTATIONS IN NORTH SUMATRA: TO WHOM THE COMMUNAL LAND BELONG? Ikhsan, Edy
Indonesia Law Review Vol. 9, No. 1
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This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates (mainly the Deli and the Serdang), private-owned companies, the military and other interest groups. At certain ends, these critical disputes have left some saddening and murky situations whereas the ancestral lands belonging to Melayu people, which were put in concession by the Sultanate to the Dutch-owned enterprises, were gradually missing in terms of identity and without any compensation to this ethnic group.
"ELIMINATION OF CULTURE BASED DISCRIMINATION AGAINST WOMEN IN INDONESIA: AN ASSESSMENT OF THE IMPLEMENTATION OF STATE PARTIES’ OBLIGATIONS UNDER ARTICLE 5(A) OF THE WOMEN’S CONVENTION" Tuslian, Widya Naseva
Indonesia Law Review Vol. 9, No. 1
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The notion of cultural relativism has always been a fundamental challenge to upholding human rights values, especially regarding gender mainstreaming and the equality of both sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given thecultural traits that produce their own modes of thinking and ideology. It is thus understandable that Article 5(a) of the Women’s Convention (i.e.,The Convention on the Elimination of all Forms of Discrimination Against Women), which is the only provision in international law that seeks to modify cultures that prejudice women, will deal with constant hurdles in countries like Indonesia that firmly embrace cultural values. This is true even though a signal of commitment has been shown by ratification because the signal itself makes not reservation to the obligations stipulated therein. However, these commitments remain highly questionable as discriminatory laws remain in force across the country from the national to the local level and new discriminatory regulations continue to be issued. The Committee of Elimination of Discrimination Against Women (CEDAW) has reminded Indonesia at some occasion that cultural and religious values must not undermine the universality of women’s rights. Nevertheless, up until now, the authorities have always failed to create a clear timeframe for revision of laws that institutionalize negative stereotypes against women. Taking this perspective into account, this paper will explore the reasons for and indicators of Indonesia’s failure to implement Article 5(a) to modify cultural values and stereotypes against women in its legal system and instruments. In doing so, this paper will also dig deeper into Indonesia’s barriers to implementing its state obligations under this article.
GRAPHICAL REPRESENTATION IN THE FORM OF LABEL MEREK/MARK ETIQUETTE IN RELATION WITH NON-CONVENTIONAL TRADEMARKS REGISTRATION IN INDONESIA Sacabrata, Ilham Azenal
Indonesia Law Review Vol. 9, No. 1
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Legal development introduces the new type of trademarks differ to those of the conventional ones. This paper gives an account of non-conventional trademarks categories, particularly sound, scent and taste mark, in terms of their registration. Subsequently, it also further illustrates that graphical representation, as a prerequisite, stifles the registration of non-conventional trademarks through recent studies and cases both in the European Union and United States. European Union, under Trademark Directive 2008, required graphical representation as a requirement which turned out to be the primary problem in terms of registration for non-conventional trademarks. United States, having no such requirement, tend to be more acceptable in registering non-conventional trademarks. This paper also argues that graphical representation is immaterial and its removal from the relevant provision increases the legal certainty and flexibility. Problem of non-conventional trademarks registration incurred by graphical representation requirement is most likely to be faced by Indonesia which tries to encompass the protection of non-conventional trademarks. Indonesian Trademark Law requires Label Merek (a representation form), which in common practice is seen merely as representation form that consists of lines, images and character (graphically represented form), as a minimum requirement for trademark registration. Seeing Label Merek merely as a graphical represented form will stifle the registration of non-conventional trademarks. Therefore, such representation form needs to be construed broadly beyond graphically represented form in order to encompass the protection of non-conventional trademarks.
INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM (SVLK): IN PURSUIT OF SUSTAINABILITY IN FOREST GOVERNANCE Kadir, M. Yakub Aiyub
Indonesia Law Review Vol. 9, No. 1
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This paper investigates the Indonesian Timber Legality Assurance (Sistem Verifikasi Legalitas Kayu, SVLK) and its nature to produce legal wood under the European Union-Forest Law Enforcement Governance and Trade (EU-FLEGT) system. It is intended to ensure the exporting states control over legality of wood under new forest governance and its enforcement in EU market. Using a critical legal analysis, this paper argued that the SVLK could present legality in a formalistic way, but it could not guarantee the substantial meaning of benefit for sustainability, participatory and community. Therefore this paper contributes to provide a better understanding of the application of SVLK in Indonesia, along with reflecting some recommendations, as developing SVLK for domestic market, and replicating it into other exporting natural resources products. The comprehensive approaches for enforcing SVLK can lead to accelerate sustainability in more practical and grounded sense, to improve forest governance and welfare for local people therein.
TWO IDEAS OF ECONOMIC DEMOCRACY: CONTEXTUAL ANALYSIS ON ROLE OF INDONESIAN CONSTITUTIONAL COURT AS A GUARDIAN OF DEMOCRACY Prasetyo, Kukuh Fadli
Indonesia Law Review Vol. 9, No. 1
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This study analyses the role of guardian of democracy performed by Indonesian Constitutional Court in reinterpreting the ideas of economic democracy. Although, in the 1945 Constitution, the economic democracy is well-derived from the mind’s eye of social justice which is established in Pancasila, some economic legislations tends to ignore the idea of economic democracy. Therefore, the Constitutional Court examined the disputed norms through constitutional review in order to maintain constitutional economic order. Besides, as elaborated by the Writer, the “ratio decidendi” stood behind some Constitutional Court’s verdicts used an approach which kept the two fundaments of democracy maintained. Apparently, as the guardian of democracy – not merely the protector of human rights, the Constitutional Court considered the conceptions of freedom and equality consecutively in its judicial verdicts. In this context, if liberty and equality are embodied at proportional measures in Indonesian democracy, the general welfare idealised in the Preamble of the 1945 Constitution will be promoted in our national life.
Unravel Persistent Land Tenure Insecurity Behind Indonesia’s Palm Oil Industry: Study case Kinipan Indigenous Community in Central Kalimantan. Tuslian, Widya Naseva
Indonesia Law Review Vol. 11, No. 2
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This paper argues that legal pluralism within the context of state law contributes to tenure insecurity experienced by indigenous communities behind the palm oil industry in Indonesia. The palm oil industry is an industry that contributes significantly to Indonesia's economy and is a mainstay of national export. However, this industry is also renowned for bringing multidimensional issues such as ecological problems, biodiversity crises, and land conflict with existing inhabitants, particularly indigenous groups. The latter issue is peculiar in Indonesia's palm oil industries as, in many cases, palm oil projects overlapped with indigenous people's forest land or places where they reside. Moreover, talking about the land rights of an indigenous group in Indonesia, especially in the context of palm oil sectors, will always involve various state legal norms and institutions, which, unfortunately, in most cases render uncertainty which is harmful to indigenous people's tenure security. This paper also put forward that the law-making process that primarily holds up economic rationality and favors large palm oil corporations results in various contradicted legal products that are detrimental to the acknowledgement of indigenous community's existence and their land rights. Taking the Kinipan Indigenous group in Central Kalimantan as a case study, this paper primarily discusses the general pattern of tenure insecurity experienced by the Indigenous community in Indonesia in facing the large-scale palm oil corporations.
Limiting the Legality of Determining Suspects in Indonesia Pre-Trial System Suarda, I Gede Widhiana; Taufiqurrohman, Moch. Marsa; Priambudi, Zaki
Indonesia Law Review Vol. 11, No. 2
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This article aims to examine what the pre-trial judges consider in determining whether a suspect's determination is legal. The basis of the reason "not based on the provisions and legal procedures in force" is a pre-trial petition. Including examining whether the Notification Letter for the Commencement of Investigation has not been submitted to the Reported Party and the Reporting Party, it can be used as a basis for the judge's consideration to judge the legality of the determination of the suspect. This article uses a legal research method through a statutory, conceptual, and case approach. This article finds that after the issuance of the Constitutional Court Decision Number 21 / PUU-XII / 2014 and the Supreme Court Regulation Number 4 of 2016, the fulfillment of preliminary evidence, namely that two valid tools of evidence constitute the absolute standard of determining the suspect. Besides, in terms of proof, pre-trial only assesses the validity of formal aspects, which incidentally do not touch the case's subject matter. An application for the cancellation of a suspect's status, for whatever reason, cannot be granted if the initial evidence is not fulfilled, namely the two tools of evidence listed in Article 184 paragraph (1) of the Law of Criminal Procedure (KUHAP). Ultimately, this study recommends the need for affirmation in terms of determining suspects through changing the parameters for deciding suspects in Article 1 point 11 of the Draft of the Law of Criminal Procedure from what was originally only based on "...sufficient preliminary evidence" to "...the fulfillment of two tools of evidence contained in Article 175 paragraph (1) of the Law of Criminal Procedure" to achieve legal certainty and fulfill the suspect's human rights.
Principle of Simple, Speedy, and Low-Cost Trial and The Problem of Asset Recovery in Indonesia Nelson, Febby Mutiara; Santoso, Topo
Indonesia Law Review Vol. 11, No. 2
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This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption that should be able to follow the concept of justice in a simple, speedy manner and at low cost.
WANDERING WITH ARTIFICIAL INTELLIGENCE AND ITS OBSCURE LEGAL LIABILITY Nur Fauzan, Muhammad Pasha; Amarta, Darian; Tobias, Evan; Ricardo, Vikri; G., Melania Fidela
Indonesia Law Review Vol. 11, No. 2
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The high level of autonomy of AI will raise the problem of legal liability at some point in the future. If AI’s behaviour causes an illegal consequence, who to held liable? This article will explore the problem concerning legal liability of AI into two main discussion. The first discussion will explore the possibility of imposing legal liability of AI to human. This part will discuss various available option to solve the AI liability problem by imposing legal liability on either users or manufacturers. While the second discussion will explore the possibility of imposing legal liability of AI to AI itself. This part is a different discussion area based on experimental of legal thinking and hypothetical scenario to test the possibility of imposing legal liability on AI either as artificial person just like corporation or as natural person just like human. This article concludes that imposing legal liability on both users and manufacturer are very problematic. Meanwhile, imposing legal liability on AI itself faces a serious philosophical and sociological challenge.
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration Ghaziani, Moosa Akefi; Ghaziani, Mohammad Akefi
Indonesia Law Review Vol. 11, No. 2
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Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments contain a mixture of obligations that have direct or indirect effects. Expropriation provisions which are often crystallised in the form of ‘a duty not to expropriate’ are among these obligations. This article analytically describes the legal aspects of this standard and proposes the trends that can better protect the foreign investments in this sector; a factor without which the foreign investors would normally be reluctant to invest. It concludes that restricted police power, guarantees of transfer, and a full compensation standard that entails the payment of compound interest are the prominent legal features that can best perform this task.

Page 22 of 30 | Total Record : 296

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