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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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Understanding the Typology of Health Sector Corruption in Indonesia Juwita, Ratna
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption in the health sector. Thirdly, the typology will be utilised to assess whether anti-corruption measures in the health sector are fit to combat such health sector corruption. Based on the judgments collection studies, the typology of health sector corruption in Indonesia is divided into three types. These are grand corruption in the procurement process, obstruction of the justice process by cooperation between the corruptors and law enforcement agencies, and corruption related to decentralisation. By understanding the typology of health sector corruption, a number of targeted measures to strengthen the current anticorruption measures are proposed. These measures are: strengthen the mandatory e-procurement system, combat impunity by increasing anti-corruption awareness and discipline for the law enforcement agencies, and address the personal reasons why corruptors commit corruption by conducting targeted studies of this issue and apply a human rights approach to the current anticorruption measures.
The Implementation of The Religion Rights for Transgender In Indonesia Budhi, Ratih Andani Setyo
Indonesia Law Review Vol. 13, No. 2
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Abstract

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library and internet research complemented by primary legal sources such as legislation and case law in discussing the research materials. Through in-depth discussion in this article, the Author supports the notion that Indonesia must enhance its commitment to protecting all kinds of genders, particularly in the issue of religion through the existence of a particular law for religion. The Author also encourages the government to draft a specific law related to religion. Finally, this research concludes that at this moment transgender has certainly limited opportunities to perform their religions in the public sphere due to insufficient respect given by society.
The Future of Freedom of Press in Indonesia After the Personal Data Protection Law Era Sumarwan, Untung; Hidayat, Arief; ALW, Lita Tyesta
Indonesia Law Review Vol. 13, No. 2
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Abstract

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential for criminalization. One of the weaknesses of this law regarding press freedom, for example, is that the PDP Law does not provide exceptions for using personal data for public purposes. This certainly narrows the working space of the press, especially in uncovering cases or crimes committed by public officials. This paper explains how the PDP Law only focuses on efforts to protect privacy but does not look further into other aspects that can intersect and impact it, such as how personal data and privacy are linked in the journalistic realm. Furthermore, several articles in the PDP Law can further hinder the press from working. First, this arrangement does not exclude personal data from investigations conducted by the press, both specific and general personal data. The non-ideal arrangement in the PDP Law can cause problems in its implementation practices, especially concerning the function of the press in Indonesia. For this reason, it is necessary to amend the provisions in the Press Law to guarantee press freedom in the future.
Examining the Principle of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In the Corruption Case Nizzadro Fabio Asa, Simplexius
Indonesia Law Review Vol. 13, No. 1
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This study was designed as a normative research based on documentary research while the data is analyzed based on the court decisions and is presented in a qualitative descriptive manner, aiming to find out the essential meaning of the teachings of ignorantia facti excusat, ignorantia iuris non excusat, and to knowing the implementation of the principles of ignorantia facti excusat, ignorantia iuris non excusat. This is in the regulations and judicial practice in Indonesia through the views of the judges in decision Number 20/Pid.Sus-TPK/2022/PN. Kpg. The study found three main conclusions, namely first, the principle of ignorantia facti excusat, ignorantia iuris non excusat is discussed and examined within the framework of criminal responsibility which is inseparable from guilt. Secondly, in Indonesia, differences in legal treatment in terms of ignorance of facts and ignorance of the law are always explained in relation to mens rea or mental elements which are distinguished on two main points, namely intentionality and negligence. Deliberateness is further divided into three aspects, namely deliberately as an intention, deliberately as a certainty, and intentionality as a possibility. Third, in decision Number 20/Pid.Sus-TPK/2022/PN.Kpg., the principle of ignorantia facti excusat, ignorantia iuris non excusat is linked to unlawful nature and/or intentional elements as the main elements of Articles 2 and 3 of the Act Corruption Crime. In the judge's decision which was used as legal material in this study, the indictment was declared legally and convincingly not proven so that the defendant NF was acquitted.
Indonesian Capital Market Investor Protection in Cases of Embezzlement Nefi, Arman; Adiwarman, Adiwarman
Indonesia Law Review Vol. 13, No. 2
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Abstract

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly indicated to be in the realm of embezzlement in the capital market have become the subject of a comprehensive study, with the main characteristic being that the victims are massive, and even more investors suffer losses. Testing through elements of fraud, market manipulation and insider trading did not meet the requirements, however where it is viewed from the elements of the embezzlement, this is more appropriate. However, the Capital Market Law does not have a specific article on embezzlement, which finally direct to Criminal Code with a lighter sanction. Based on such findings and facts, it is necessary to amend the Indonesian Capital Market Law to reach embezzlement.
The Meira Paibis of Manipus: Locating Agency Salam, Bidyalaxmi
Indonesia Law Review Vol. 13, No. 3
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Abstract

‘Meira Paibi’ is an all-women grassroots resistance movement in Manipur (India). It emerged in 1980s against state atrocities committed under the ambit of the Armed Forces Special Powers Act, 1958 (AFSPA). Their ‘contentious politics’, protest rallies and demonstrations, have gained significant mainstream attention. Often than not, Meira Paibi’s image is interpreted as symbol of women’s empowerment. Women’s visibility in the public domain is not a new phenomenon in Manipur. Manipur had witnessed a number of women’s uprisings both during and post-colonial period. To conclude women’s engagements in the public domain as a sign of empowerment or passive victims in the face of socio-political undercurrents in the society is simplistic and a narrow frame. They are by no means passive victims. Meira Paibis exercise open resistance to state oppression, but also employ ‘everyday resistance’ towards other discriminatory practices. In everyday resistance, agency is less visible, hidden and usually inconsistent. This paper attempts to present everyday aspect of Meira Paibis. Their experiences and change agency are, however, diverse reflecting the heterogeneity within the movement.
PROMOTION OF CITIZENSHIP THROUGH MIGRATION: TAKING INTO COGNIZANCE THE PECULIARITIES OF MIGRANT Nnawulezi, Uche; Nwaechefu, Hilary
Indonesia Law Review Vol. 13, No. 1
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This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which has raised issues not only touching on immigrant's economic and social facilities, but on the burden of migration on citizenship issues of migrant's place of residence. It is therefore important to reiterate the fact that there is need to create a path where migrant may move from a temporary foreign resident to a permanent citizen. It is therefore advanced that measures adopted to address the bar against citizenship for migrants around the globe should take cognizance of their peculiarities. The study adopted analytical qualitative approach and builds it's argument on existing literatures which is achieved by synthesising ideas. It argued that State that have adopted the liberal approach to democratic ideals of the rule of law must guarantee and ensure that the basic principles of human rights are provided in their municipal laws as well as in global legal frameworks. Therefore, it is necessary to consider and examined how different migration policies have been used to promote citizenship and successful incorporation of migrants within their host countries.
CONTRADICTION OVER THE APPLICATION OF CORPORATE LIABILITY IN CORRUPTION COURT DECISIONS IN INDONESIA Suhariyanto, Budi; mustafa, cecep
Indonesia Law Review Vol. 13, No. 1
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This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal offenses is taken from the lack of punishment of its management. These four models cause a contradiction in normative perspectives. This paper contributes to the understanding of the context in which The Anti-Corruption Law shaped the judicial interpretation of corporate criminal liability
Guardians of Innocence: Enhancing Legal Safeguards for Child Victims of Sexual Violence in Indonesia Andriansyah, Aziz; Saraswati, Retno; Cahyaningtyas, Irma
Indonesia Law Review Vol. 13, No. 3
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Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also be carried out by involving the participation of parents and the need for the involvement of law enforcement officials in handling cases of sexual abuse in children so that a child's perspective is expected to have a deterrent effect on perpetrators of crimes of sexual harassment. This research is a normative legal research using statutory and conceptual approaches. The government's steps in efforts to prevent sexual violence are by carrying out active campaigns to increase public awareness and need to strengthen the deterrent effect on convicts of sexual violence against children by not granting convicts rights, such as remission, parole, and clemency so that perpetrators do not repeat their action at a later time.
EXAMINING THE IMPLEMENTATION OF INSURANCE LAW AND POLICIES: A STUDY OF NATURAL DISASTER RISKS, POLICYHOLDERS, AND INSURANCE COMPANIES IN INDONESIA Philipo, Dotto Koyage; Lubowa, Daniel
Indonesia Law Review Vol. 13, No. 3
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This study aims to investigate the implementation of insurance laws and policies in Indonesia in the context of natural disaster risks. The study will analyse the effectiveness of existing insurance regulations and their practical implications through a comprehensive analysis of relevant literature, legal frameworks, and empirical data. The study will employ a mixed-methods approach, combining qualitative data with policyholders and insurance professionals, as well as quantitative data analysis from insurance industry reports. The findings will contribute to a better understanding of the strengths and weaknesses of the current insurance framework, shedding light on potential areas for improvement. This study seeks to provide policymakers, insurance regulators, and industry stakeholders with valuable insights to enhance the resilience of insurance systems in the face of natural disaster risks.

Page 26 of 30 | Total Record : 296

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