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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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Juvenile delinquency: theory, reality, and reasons in Vietnam Trang, Nguyen Thu
Indonesia Law Review Vol. 11, No. 2
Publisher : UI Scholars Hub

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Abstract

The article studies one of the socio-legal phenomena that are always concerned by the Vietnamese government, which is juvenile delinquency. Since the birth of criminal law, especially in the modern era, this particular subject has always been a special concern for countries. First of all, the article delves into the research community in Vietnam to understand the term and definition of crime. Since then, the author has laid out a theoretical basis for the phenomenon of juvenile delinquency in Vietnamese criminology. Like most other types of crime, juvenile crimes also have their origins in society, but they also have their characteristics, requiring appropriate policies and preventive measures. The mainly used methods are analysis and comparison of data to clarify the trend and structure of juvenile delinquency in Vietnam in recent years. Finally, to explain the movement of juvenile delinquency, the author has focused on analyzing sociological causes related to the social environment around the child. Research results show that juvenile crime in Vietnam is showing positive signs. That is primarily thanks to the State of Vietnam always focusing on developing policies, as well as updating the legal document system to regulate this issue well.
An Overview Of The Regulations Of Corporate Social Responsibility (CSR) Labelled Product Zaid, Zaid
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral foundation and legal certainty and ensure that all interests are maintained. The findings of this study imply that product labeling is a must in an ethical review as well as a legal obligation in order to achieve a fair trade by safeguarding and ensuring the interests of stakeholders. The scope of the law and social responsibility from product labels is not only for humans which includes the protection of social or consumer welfare but also includes the planet which includes the protection of the environment, to animals which include the protection of animal welfare.
Advocating the Temporary Rights to Work for Refugees and Asylum Seekers in Transit in Indonesia Sianturi, Marupa Hasudungan; Viartasiwi, Nino
Indonesia Law Review Vol. 11, No. 3
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Abstract

Refugees and asylum seekers are stuck in three to unknown years of protracted transit in Indonesia in their route to reach a destination country. The status of foreign refugees and asylum seekers has deprived them access to basic human needs such as the right to earn a living, education, and healthcare service. This study focuses on the issue of the prohibition to work for refugees and asylum seekers by reviewing the law and regulation concerning refugee protection, rights to work for foreigners, and fundamental human rights. In addition, a review of international norms and conventions on human rights, as well as a focus group discussion with academia on the topic of access to work for refugees, were also conducted. The main questions to be addressed are: first, what is the legal basis for the policy to deprive the rights to work for refugees and asylum seekers in Indonesia? Second, is the regulation used as the legal basis for the policy coherent with other regulations? Third, the study also probes the possible regulations that will allow access to work. Finally, the study departs from the standpoint that while deprivation to work is inherently a human rights violation, the state's right to protect economic wellbeing from presumed threats for its citizens is also rightful. As a contribution to the discourse, this study offers a perspective that can be used as the basis for a legal breakthrough for refugees and asylum seekers access to the economy that balances the need to respect refugees' human rights and accommodate state concerns regarding job security and economy for the citizens.
REGULATING DATA EXCLUSIVITY OF RIDE-HAILING SERVICE IN INDONESIAN COMPETITION LAW Diasti, Annisa Rahma
Indonesia Law Review Vol. 11, No. 3
Publisher : UI Scholars Hub

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Abstract

The digital ride-hailing service platforms have advanced significantly due to technological development. It resulted in lower consumer costs and better-quality service. Thus, consumers opted for such platforms more than the conventional transportation, resulting in their exponential growth over the years such as Gojek and Grab in Indonesia. Their strong market position was achieved quickly, facilitated by innovation advantages such as indirect network effects and algorithm-based analysis of users’ past data. Ultimately, data has become a barrier for potential competitors to entering the market. Simultaneously, the incumbents or the dominant market holders likely to use a technology-based strategy by keeping access to such data closed and inaccessible, maintaining their market position. Its strategy might fall under exclusionary abuse, a behavior that intends to protect and increase platforms’ dominant position. Thus, such action can be harmful to healthy competition and impede inclusive growth in ride-hailing services’ market competition. In this paper, the author will argue that refusal to grant data access should be regulated as a part of Indonesia Competition Law’s exclusionary conduct and remedied using mandated data portability.
LEGAL INTROSPECTION TOWARDS THE DEVELOPMENT OF RIGHT TO PRIVACY AS FUNDAMENTAL RIGHT IN INDIA Thaorey, Payal
Indonesia Law Review Vol. 11, No. 3
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Abstract

Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been significant in India, from being completely ignored during the drafting of the Indian constitution till recognising it as one of the essential component of right to life of an individual. This development can be measured in the case by case development of ‘right to privacy’ by the Indian judiciary. Further at times, the law making bodies along with the judiciary has taken cognizance of the reflections of contemporary social and technological changes on the individual’s right to privacy. This paper will focus on the evolution of the concept of Privacy and its inclusion under the Constitution of India under Part III as a fundamental right. The paper will also discuss the understanding and application of right to privacy with reference to the technological developments and social media in India.
Establishing A Legitimate Indonesia’s Government Electronic Surveillance Regulation: A Comparison with The U.S. Legal Practices Fatihah, Citra Yuda Nur
Indonesia Law Review Vol. 11, No. 3
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Abstract

Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information has just issued the implementing regulation called the Ministerial Regulation Number 5 of 2020. This Ministerial Regulation has several debatable articles and provisions, such as regarding the registration obligation, the content management and safe harbor concept, as well as the censorship issues, and the access availability to government. This article would like to address and examine whether it's lawful for Indonesian government institutions or law enforcers to request such an access to electronic systems and users’ personal data from the Electronic Systems Operators or internet service providers for surveillance and law enforcement purposes. The article then provides legal steps or procedures as well as legal recommendations that Indonesian government entities must follow before conducting such a legitimate electronic cyber operation. This article will also compare those Indonesia’s digital surveillance practices with the United States legal practices and lesson-learned on government surveillance.
The Regulation of the Ownership of Flats by Foreigners after the Enactment of the Job Creation Law Salain, Made Suksma Prijandhini Devi; Palguna, I Dewa Gede; Widiatedja, I Gusti Ngurah Parikesit
Indonesia Law Review Vol. 12, No. 1
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Abstract

The presence of foreigners in Indonesia for a long period certainly requires a place to live or a residential house. According to Article 144 (1) b of Job Creation Law, foreigners have the right to own flat units in Indonesia. Is this regulation intended to attract foreign investors? If it is yes, does not it contradictory to the “kenasionalan” principle stipulated in the Basic Agrarian Law (BAL) and other Indonesian regulations? This study is aimed to deal with those legal issues, by using the normative legal method. The result shows that the ownership right of flat units given to foreigners by the Job Creation Law is in contradiction with the “kenasionalan” principle, Article 33 paragraph (3) of the 1945 Constitution, and the BAL which only allows land/building use and lease right for foreigners. In addition, the regulation which allows the establishment of flats on land with building-use rights for a maximum of 80 (eighty) years raises a legal problem since such regulation had been revoked by the Constitutional Court of the Republic of Indonesia with its Decision Number 21-22/PUU-V/2007. Thus, the study recommends that the Government conduct a review of the regulation which allows foreigners to have ownership right to flat units under the Job Creation Law.
The Legal Problem of Aircraft Mortgage in Indonesia Wirsamulia­, Feri
Indonesia Law Review Vol. 12, No. 1
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Abstract

This article aims to analyze the urgency of aircraft mortgage regulation to provide an alternative solution for airlines that requires a loan to maintain their cash flow sufficiently by placing their aircraft as debt collateral. Since the issuance of Law Number 1 of 2009 on Aviation, the provisions regarding aircraft mortgage as debt collateral was removed from the previous Aviation Law Number 15 of 1992. Article 12 Paragraph (1) of Law Number 15 of 1992, governed that aircraft could be subject to mortgages, however, this provision was abolished by the new Aviation Law Number 1 of 2009. Article 465 of the new Aviation Law explicitly states that all provisions in Law Number 15 of 1992 are no longer valid, meanwhile, Law Number 1 of 2009 on Aviation, in no way regulates aircraft mortgages. In practice, this legal vacuum has become a problem for airline companies to place their registered aircraft as collateral in form of a mortgage. Particularly in the Covid 19 pandemic, which until the end of 2021 has not ended yet, it has caused severe damages to the financial balances of many airlines due to the absence of passengers and restrictions to fly by the Government. The aircraft can be used as collateral or security interest for, for example, a working capital loan. This research is a normative study that will discuss and analyze the types of collateral over aircraft that are most likely to be carried out by airlines in Indonesia amid the unavailability of aircraft mortgage regulation. This article also attempts to find possibilities that may be engaged to solve the problem.
Conflicts of Laws and Jurisdictions in Indonesia-related Arbitrations Seated in Singapore – Perspectives From The Tribunal Bell, Gary F.
Indonesia Law Review Vol. 12, No. 1
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Abstract

This article discusses the issues of conflicts of laws that may arise when the parties, including an Indonesian party, have a contract governed by Indonesian law which includes an arbitration clause that states that the seat of the arbitration is Singapore. After discussing the rules of conflict of laws applicable to the choice of a substantive law governing the contract and the arbitration clause, the article discusses the difficulties that parties and the tribunal often face in an arbitration in which Indonesian law is the governing law. It then discusses conflict rules affecting the validity of the arbitration agreement and the jurisdiction of the tribunal. It finally discusses two other potentially conflictual situations that may arise.
Intercountry Adoption in Taiwan Tsai, Hua Kai
Indonesia Law Review Vol. 12, No. 1
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Abstract

Under the current choice-of-law rule concerning the intercountry adoption in the Taiwanese Private International Law Act, the adopter and the child should be governed by their national law respectively. The application of this rule is known as a distributive approach and the rule was made by reference to the old Japanese private international law. However, in 1989, Japanese law revised the choice-of-law rule on intercountry adoption and abandoned the distributive approach, due to the reason that such an approach tended to be construed as a cumulative approach by Japanese courts. Consequently, the formation of intercountry adoption in Japan turned out to be more difficult under the application of the cumulative approach. It made the adoptive parent governed not only by his or her national law, but also by the child’s national law, and vice versa for the child. Thus, this complicated approach has become the main reason for Japan to make a law reform on intercountry adoption in 1989 amendment of private international. The same situation is happening in Taiwan. Most Taiwanese courts falsely construe the choice-of-law rule on intercountry adoption as a cumulative approach. Unfortunately, the latest amendment on intercountry adoption in the Taiwanese private law act made no substantial change to the new provision. This article also argues that the application of hidden renvoi to intercountry adoption cases is not only contradictive to the objects of the theory of renvoi but also lacks theoretical justifications in private international law methods.

Page 23 of 30 | Total Record : 296

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