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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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FIGHTING AGAINST COPYRIGHT INFRINGEMENT ON SOCIAL NETWORKS IN VIETNAM - FROM THE PERSPECTIVE OF RESPONSIBILITIES OF INTERNET SERVICE PROVIDERS Nguyen, Phan Khoi
Indonesia Law Review Vol. 13, No. 3
Publisher : UI Scholars Hub

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Abstract

The law on intellectual property in general and copyright, in particular, is a subject of increasing interest in today's society, particularly in the information and internet explosion era. To prevent infringement and effectively protect copyright in the online environment, Vietnam's copyright law contains numerous provisions, including regulations pertaining to service provider responsibilities. This article examines the international and domestic legal bases for the liability of social network service providers (a type of internet-based intermediary service) in the fight against harmful copyright violations by the users of the service. Thus, the authors will identify several deficiencies in the existing Vietnamese copyright law. The article also analysis comparable provisions in the national copyright laws of China and Singapore to draw lessons for enhancing Vietnamese copyright law on the same issue.
Reassessing Restorative Justice: Addressing Sexual Violence Cases in Indonesi Wibowo, Ribut Hari; Busro, Ahmad; Purwanti, Ani
Indonesia Law Review Vol. 13, No. 3
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Abstract

This study examines”Restorative”Justice in the settlement of sexual violence crimes. The research method used in this study is normative juridical, using a statute approach. The aim of this research is to determine the effectiveness of Restorative Justice in resolving the problems of cases of sexual violence that have occurred in Indonesia. The results of this study include that Restorative Justice is not effectively applied to cases of sexual violence because it cannot fulfill”the principles of respect for human”dignity, nondiscrimination, the best interests of the victim, justice, benefit and legal certainty for the victim as stipulated in the Law, Constitution Number 12 of 2022 concerning Crimes of Sexual Violence and the fulfillment of victims' rights.
THE CONCEPT OF LEGAL SUBJECT COMPETENCE IN THE AUTHORITY TO ACT ON MARRIAGE LAW IN INDONESIA Martinelli, Imelda; Priyono, F.X. Joko; Yunanto, Yunanto
Indonesia Law Review Vol. 13, No. 3
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Abstract

This article focuses on discussing legal politics related to one important issue which is very basic, namely regarding the criteria for the ability to act of a human being as a legal subject within the scope of civil law, especially marriage law regarding the minimum age limit for entering into a marriage, who come from backgrounds with different interests and ideologies, make this an issue that can be highlighted. So the problem in this paper becomes whether there is a concept regarding the legal subject's competence in the authority to act on marriage law in Indonesia that accommodates the law in a unique manner? Problems will be answered using normative research methods that use secondary materials as well as legal and conceptual approaches. The conclusion is that there is still no unifying law regarding the authority to act on marriage law in Indonesia because the substance of marriage law is in an area that is not neutral and ambiguous because legal products are unificatory but the implementation of the law is sometimes still pluralistic.
The Principle of Sustainable Development in International Investment Law: A Study from Vietnamese Perspective Tran Thang, Long; Pham, Anh Le Tram
Indonesia Law Review Vol. 14, No. 4
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Abstract

International investment significantly contributes to economic development by fostering hunger eradication, poverty reduction, job creation, and the introduction of new technologies and services. However, it also presents challenges, including resource degradation, environmental decline, waste generation, and human rights violations. This article emphasizes integrating sustainable development principles into international investment law to balance investor and host country interests while safeguarding the environment and human rights for long-term sustainability. In Vietnam, a nation increasingly integrated into the global economy, legal frameworks stipulate sustainable development principles for foreign-invested projects, aligning with international standards to protect the environment and people alongside economic and social progress. Despite these efforts, Vietnam’s regulations exhibit limitations and unpredictability, hindering effective responses to potential international investment disputes. This study examines Vietnam’s approach to these principles and its practical implementation toward achieving sustainable development goals through investment, using case studies and conceptual analysis of international investment agreements. The central research question explores how Vietnam can leverage international investment benefits while ensuring sustainable development. The article analyzes the interplay between sustainable development and investment promotion, identifies key principles in investment agreements, and highlights challenges for host countries like Vietnam in managing expropriation disputes tied to public interest criteria. Findings underscore the need to prioritize sustainable development in attracting investment, proposing legal enhancements to strengthen state remedies against investor violations, and minimizing expropriation lawsuits. By addressing these gaps, Vietnam can better enforce sustainable practices, balancing economic gains with environmental and human rights protections. The research advocates for refined legal provisions to enhance Vietnam’s capacity to resolve disputes and uphold sustainable development commitments, offering actionable recommendations to perfect its legal framework in this domain.
Participation of Trans-Women in Females' Sports Competitions: Fairness vs. Rights to Participating in Sports? Taqwa, Muhamad Dzadit; Carofin, Valentino Rafael; Gloria, Stefanie; Tjiang, Alvin
Indonesia Law Review Vol. 14, No. 3
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A trans-woman is someone who is biologically male at birth and then undergoes gender-affirming surgery, which can include genital feminization surgery, or may not undergo gender-affirming surgery but undergoes other therapies such as cross-sex hormone therapy or other physical organ surgeries apart from genital surgery, in order to be identified as a woman. The participation of trans-women in females' sports has sparked a debate, addressing issues of fairness on one side and transgender rights to participate in sports on the other. The fairness argument is based on the physical advantages that males have when competing against females. Generally, male athletes will outperform female athletes in most sports. On the other hand, the prohibition of trans-women from participating in females' sports is considered discriminatory and not respecting transgender individuals' right to participate in sports. This issue continues to be discussed because many female athletes complain about the presence of trans-women athletes in their competitions, as even rigorous training may not enable them to become champions. On the other hand, what solutions can be offered by the state to trans-women who want to become athletes? Through exploration in this article, the answer to this problem cannot be a gray area or middle ground but rather a choice between protecting women's rights in sports to excel or allowing trans-women the right to compete in the women's category; only one can be chosen. Alternatively, another option is to allow trans-women to compete in sports but in the new category, namely transgender category.
THE URGENCY OF ARTIFICIAL INTELLIGENCE CODE OF ETHICS Sitabuana, Tundjung Herning; Sanjaya, Dixon; Amri, Ibra Fulenzi; Nethan, Nethan
Indonesia Law Review Vol. 14, No. 3
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Abstract

The era of artificial intelligence has become a characteristic of industrial era 5.0 which has been used in various aspects. Potential economic value of AI has driven various forms of AI innovation development. Exploration of AI tends to override negative impacts of such developments. The emergence of ethical issues with presence of AI encourages the need for a law-based approach to establishing ethical standards to protect entire Indonesian nation. Therefore, this research was conducted to examine urgency for an AI code of ethics. This paper will normatively describe data qualitatively to answer urgency and development of AI code of ethics in doctrinal and regulative contexts, including comparisons of countries that apply ethical code. Phenomenon of emergence of AI has given rise to systemic ethical problems that are both incidental and existential related to humans. Due to disruptive threat of AI, it encourages countries to formulate ethical standards regulatory models. European Union and China have AI ethical guidelines within their legal frameworks although their characteristics differ. Meanwhile, Indonesian legal system doesn’t yet have tools that specifically regulate AI ethics. Weaknesses in regulating AI related to scope of AI, legal harmonization, and weak government commitment and competence. To regulate AI Ethics substantially and formally can be formulated in many variants based on categorization of ethical principles nature, implementation of ethical principles, forming institutions, nature and type of regulations, normative power, and scope of AI impact. New legal instruments are needed based on this categorization.
LEGAL PROTECTION EFFORTS FOR MSME ENTREPRENEURS BASED ON LAW NO. 11 OF 2020 ON JOB CREATION LAW Suprapti, Duhita Driyah; Ristanti, Dina; Pangestika, Finna Maessy; Fuad, Choirul; Alfarisi, Salman
Indonesia Law Review Vol. 15, No. 1
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Indonesia is the fourth-highest country with a level of population density that will undoubtedly cause many problems, one of which is the problem related to unemployment that is increasingly increasing. Therefore, the Government then took the initiative to issue a law that can pioneer job creation, ease of effort, investment, and empowerment of small micro-businesses. Focus on the actions of youth in making investments then whether this Job Creation Law also provides adequate protection for entrepreneurs, especially MSME entrepreneurs. MSME entrepreneurs need legal protection because most do not understand the Law in Indonesia and cannot afford to hire legal counsel or lawyers. The protection guaranteed by the Government makes MSME actors immensely helped. This research seeks to examine the application of Job Creation Law to Micro Small, Medium Enterprises (MSMEs). So that it is expected to make a positive contribution in formulating a system of legal protection that is in accordance and sustainable in harmony with the Business, Micro, Small, Medium Law (MSMEs) as well as laws related to investment and the 1945 Constitution as the basis of the Indonesian state, the research will be conducted with field research into locations that the author considers relevant to the issues raised. Such an approach is expected to support the validity of the study results as sound output. Protection for MSMEs along with increasing investment. On the other hand, the Tegal Regency Government has implemented several measures. The Tegal Regency Government is assisted by the DPMPTSP, the Industry and Manpower Service, and the Trade, Cooperatives, and MSMEs Service to help each other provide guidance related to business legality. These agencies also have internal efforts to help each other manage business legality in Tegal Regency. According to Shinta, as the owner of the Bolen Nyempluk business, it is pretty easy, one of which is for PIRT permits for food businesses that can be accessed by the Disperindagkop which collaborates with the DPMPTSP, even for product packaging, recommendations, and provisions are also provided by the Disperindagkop. In providing assistance and legal assistance services, PP No. 7 of 2021 also states that in certain emergency conditions, the Central and Regional Governments must seek MSME recovery by doing several things such as credit restructuring, business reconstruction, financial assistance, and providing services in other forms. In addition, Article 54 of Government Regulation Number 7 of 2021 also mandates that the Central and Regional Governments play an active role in providing protection and security to maintain the competitiveness of MSME products in the domestic market. To increase product competitiveness, the Ministry of Industry and Manpower also includes training and coaching to business actors, and this training activity also involves business actors and prospective business actors. Providing access to this license certainly makes people interested in having their own business because the licensing process is more straightforward, but they still get coaching.
QUASI-VERTICAL INTEGRATION MODEL IN PARTNERSHIP OF SMES (SMALL MEDIUM ENTERPRISES) AND THE ROLE OF COMPETITION COMMISSION IN EU AND INDONESIA Hernayanto, Yayan; Toha, Kurnia; Silalahi, Udin
Indonesia Law Review Vol. 14, No. 4
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Abstract

Partnerships between large and small companies should not be imagined as David and Goliath, enemies of each other. However, partnerships between large and small business actors are a mutually beneficial synergy. Partnerships with Small and Medium Enterprises (SMEs) are not charity activities that prevent them from growing strongly. Guidance and assistance need to be provided so that they grow with a strong foundation. Both parties must agree to a fair transaction scheme, trade terms, and clauses that sustain this partnership and not cause SMEs to go bankrupt. Quasi-Vertical Integration is a model for conducting transactions in the manufacturing industry. This article is compiled using a doctrinal research method, namely analyzing the implementation of partnership regulations in Indonesia in the context of partnerships with the Automotive Industry (OEM), as well as examining the role of the Competition Supervisory Commission (KPPU) in Indonesia, which has been given the authority to oversee this partnership. More specifically, this article discusses and presents several points: first, how good partnership protection in Indonesia and the EU protects SME businesses; second, how the partnership pattern of SMEs in the automotive sector between Quasi-Vertical integration and quasi-rent is implemented as Vertical Integration; Finally, how the KPPU in Indonesia uses its authority in considering supervising partnerships and its comparison with the EU. As a conclusion in this article, mandatory partnerships in Indonesia are implemented based on the OSS (Online Single Submission) requirements in the registration or licensing of investment. Voluntary Partnerships are agreements between Parties that are equal with the principle of mutual need and mutual benefit. The partnership pattern of SMEs in the automotive sector between Quasi-Vertical integration and quasi rent is implemented as Vertical Integration which is not prohibited by Indonesian competition law. KPPU must encourage voluntary partnerships by Business Actors and SMEs as a more appropriate approach to developing Partnerships
REVOLUTIONIZING JUSTICE: LAW ENFORCEMENT THROUGH THE LENS OF PROGRESSIVE LAW Musmuliadin, Musmuliadin; Indarti, Erlyn; Rochaeti, Nur
Indonesia Law Review Vol. 14, No. 3
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When government functions must be carried out and cannot be halted, even if the law does not clearly or completely regulate them, the role of discretionary authority (discretion) becomes crucial. This is particularly evident in the discretionary authority held by the Indonesian National Police, which is essential both for the police themselves and in the execution of their duties in conducting investigations and prosecutions. This study focuses on the application and implementation of discretion by the police in conducting investigations and prosecutions, and how a progressive legal framework can revolutionize the pursuit of justice. By employing a qualitative analysis and the constructivism paradigm, this research explores how law enforcement officers understand and apply their discretionary powers. It also examines the implications of these practices for achieving justice within society. The findings reveal that police discretion is inherently intertwined with the identity of the police, both as individuals and as an organization. The use of this authority is pivotal in ensuring that law enforcement officers perform their duties effectively, not only to promote good governance but also to foster justice within the community. Justice, as a fundamental value in human life, remains a complex and multifaceted issue. Various interpretations of justice lead to diverse perceptions among individuals and groups, influenced by their knowledge and experiences. Therefore, it is essential to recognize that 'justice will be understood differently according to the paradigm adopted. By adopting a progressive legal lens, this study highlights the potential for transformative changes in law enforcement practices, ultimately contributing to a more just and equitable society
The Indonesian Guardianship and Indonesian Private International Law Allagan, Tiurma Mangihut Pitta; Himmah, Dinda R; Hisana, Amirah
Indonesia Law Review Vol. 14, No. 3
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Abstract

The increasing of number of cross-border legal relationships, especially family legal relationships, is inevitable. For instance, it is also commonly accepted for a foreign national to have a legal-bond with children from another country, which is also known as intercountry adoption, guardianship and fostership. This paper aims to analyze and classify guardianship involving international dimension within the jurisdiction of Indonesia. The examination of this legal question would be on the basis of Indonesian Private International Law (PIL). The choice of law and the choice of jurisdiction are the basic analysis, further, as to whether the guardianships are in line with the prevailing regulations and mirroring the principle of the best interest of the child. The importance of this research question is in line with the consideration that the varied classification of custody leads to different legal consequences as well; both to the children and the parents, either the biological parents or the non-biological parents of the children.

Page 27 of 30 | Total Record : 296

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