cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Patricia Rinwigati Waagstein
Contact Email
ilrev@ui.ac.id
Phone
-
Journal Mail Official
ilrev@ui.ac.id
Editorial Address
DRC Office Building F 3rd Floor, Faculty of Law University of Indonesia, Depok - 16424
Location
Kota depok,
Jawa barat
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
 26   27   28   29   30 
DELAYS IN THE INTERNATIONAL SEABED AUTHORITY MINING CODE: INSIGHT FROM TWAIL AND BBNJ FRAMEWORKS Putri, Ria Wierma; Khanza, Yuga Narazua; Davey, Orima Melati; Sabatira, Febryani
Indonesia Law Review Vol. 14, No. 4
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The International Seabed Authority (ISA) plays a crucial role in governing the vast expanses of the ocean floor that lie beyond national jurisdictions, referred to as "the Area" under the United Nations Convention on the Law of the Sea (UNCLOS). Although the ISA has established regulations for deep-sea exploration, it has encountered significant challenges in finalizing a comprehensive mining code for resource exploitation. This ongoing delay underscores the notion that legal development is often catalyzed by broader social changes. To comprehend the factors contributing to this delay, it is essential to consider the historical context of UNCLOS 1982, a framework established during a period when numerous developing nations were asserting their independence. The Third World Approaches to International Law (TWAIL) critiques highlight how international legal frameworks have frequently favored developed nations, complicating the pursuit of a just and equitable mining code. Furthermore, the recent Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, which advocates for equitable access to marine resources, poses additional challenges for the ISA. Developed nations, equipped with advanced technologies, continue to dominate deep-sea resource exploitation, exacerbating the existing technological divide, as illustrated by Indonesia's collaboration with the U.S. NOAA in 2010 to explore its marine territory. Social change typically emerges not merely from value shifts but through the resolution of conflicts that lead to new agreements. This article will attempt to understand why the ISA mining code has been delayed and what this means for international law considering the TWAIL and BBNJ approaches.
Between Attraction and Evasion: Legal Factors Shaping FDI in Indonesia and Neighboring Countries Adam, Richard C
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines the internal and external factors that influence foreign direct investment (FDI) in Indonesia, focusing specifically on the legal framework as a key determinant. Internal factors—also referred to as pull factors—include the quality of Indonesia’s Foreign Investment Law, legal certainty, bureaucratic efficiency, and the availability of fiscal and non-fiscal incentives. Meanwhile, push factors represent external elements, such as the attractiveness of neighboring countries’ investment laws, regional economic integration, and global investment trends that encourage capital relocation. Using a normative juridical approach and qualitative analysis of secondary data, this study compares Indonesia’s regulatory environment with that of several Southeast Asian countries, particularly Vietnam, Malaysia, and Cambodia. The findings reveal that Indonesia’s legal infrastructure remains less agile and investor-oriented compared to these competitors. Regulatory complexity, inconsistent implementation, and a lack of legal predictability are identified as key weaknesses. To compete effectively and attract sustainable foreign investment, Indonesia must revamp its legal approach—prioritizing simplification, harmonization with international standards, and greater protection for investors. The article concludes that comprehensive legal reform is essential not only to enhance competitiveness but also to ensure that foreign investment contributes meaningfully to national development goals.
Application of the New York Convention to International Investment Arbitration Awards: An Analysis from the Perspectives of Indonesia and China Yuan, Luo Yuan
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Since the 21st century, as countries have increasingly engaged in international economic activities, the economic ties between nations and regions have grown progressively closer, and cross-border investments have surged. Consequently, investment disputes, which often accompany these investments, have emerged as a critical issue that cannot be overlooked by host governments and foreign investors. Currently, the predominant method for resolving investment disputes is through international arbitration. Therefore, the enforcement of investment arbitration awards has become a key indicator of the effectiveness of the dispute resolution mechanism. A significant area of concern and research is whether the New York Convention can be applied to investment arbitration awards. As signatories to the Convention, both Indonesia and China recognize and enforce foreign arbitral awards. This paper analyzes whether foreign arbitral awards encompass investment arbitral awards by examining the content of the Convention, its savings clause, and relevant case law, with the aim of further exploring the implications of applying the Convention to investment arbitral awards and how China and Indonesia should address these implications
RECONSTRUCTION OF COMPETITION LAW: PREVENTING MONOPOLIZATION THROUGH DATA EXPLOITATION IN E-COMMERCE Fitriana, Diana
Indonesia Law Review Vol. 14, No. 4
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Tujuan penelitian ini adalah menganalisis nilai big data dan implikasinya terhadap monopoli usaha, mengkaji perbandingan hukum persaingan usaha dan mengkaji kelemahan hukum persaingan usaha Indonesia, serta menganalisis rekonstruksi hukum Undang-Undang Larangan Monopoli dan Persaingan Usaha Tidak Sehat di masa mendatang. Penelitian ini menggunakan penelitian yuridis normatif (doktrinal) dengan pendekatan perundang-undangan dan konseptual dengan teknik pengumpulan data melalui kajian pustaka, analisis isi, dan studi kasus. Data tersebut kemudian dianalisis secara kualitatif untuk menghasilkan informasi yang komprehensif dan menarik simpulan yang relevan. Big data memiliki kapasitas untuk memicu perilaku monopoli karena mencerminkan permintaan pasar konsumen. Namun, regulasi persaingan di Indonesia kurang dalam hal kontrol dan pengungkapan perusahaan besar yang memiliki kapasitas untuk memonopoli pasar. Hal ini disebabkan tidak adanya prinsip ex ante, seperti yang diterapkan dalam DMA, untuk mencegah praktik monopoli dan eksploitasi data pribadi. Di samping itu, asas ekstrateritorialitas perlu diperkuat dengan menerapkan doktrin akibat, seperti yang dilakukan oleh Amerika Serikat, yang memperbolehkan Indonesia mengenakan sanksi terhadap tindakan monopoli yang mengakibatkan kerugian negara, terlepas dari tindakan tersebut terjadi di luar wilayah hukumnya.
THE IMPACT OF FOOD LAW POLICIES ON LOCAL COMMUNITY EMPOWERMENT IN INDONESIA’S SUSTAINABLE FOOD GARDEN PROGRAM Widyastuti, Tiyas Vika; Hamzani, Achmad Irwan; Masdurohatun, Anis
Indonesia Law Review Vol. 14, No. 4
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines the impact of food law politics on community empowerment and sustainable agriculture in Indonesia, focusing on the Sustainable Food Garden Program (P2L). Utilizing a normative juridical analysis, it explores how legal frameworks can support or obstruct community-led agricultural initiatives. The study highlights the empowering effect of laws aligned with community goals and the challenges arising from legislation favoring industrial agriculture. It proposes legal reforms to address ambiguities and barriers, such as clarifying land tenure rights and simplifying organic certification processes. Recommendations aim to foster a legal environment conducive to sustainable, community-driven agriculture, enhancing food security and environmental sustainability. This paper contributes insights into legal and policy reforms needed to empower communities and promote sustainable agricultural practices in Indonesia.
Exclusion within Inclusive Education Policy: The Challenges Facing Urban Refugees in Accessing Education in Thailand KARIM, MST UMME HABIBA FAHMINA, Dr.
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Despite Thailand’s adoption of the Education for All policy in 2005, which grants all children, including refugees, access to free public education, refugee children largely remain excluded. Camp-based refugees attend informal, unrecognized education programs, while urban refugee children are categorised with migrant children in enrollment data. In 2023, only 34% of legal migrant children were enrolled in public schools, while refugees—often classified as "illegal migrants"—are either left out or attend unofficial community schools. This study examines the gap between policy and practice by exploring the experiences of urban refugees and perspectives of key stakeholders, including refugees, government agencies, and humanitarian organizations. Using an analytical framework, it investigates access to public education, service providers’ perceptions, and the implementation of inclusive education. The research employs a systematic literature review, focusing on three components: data collection from existing literature, analysis of educational barriers for urban refugees, and evaluation of policy implementation challenges. The findings highlight issues of political exclusion, policy misalignment, and practical obstacles in integrating refugees into formal education. By identifying tensions between education and refugee policies in Thailand, this study contributes to both academic research and policy discussions. It advocates for a comprehensive policy review to ensure refugees have access to formal, recognized education, aligning with Thailand’s commitment to Education for All.
DYNAMICS OF THE PENITENTIARY SYSTEM, TRANSPARENT AND ACCOUNTABLE HANDLING OF CRIMINAL CASES IN CRIMINAL EXECUTION LAW IN SOUTHEAST ASIA: CONVERGENCE AND DIVERGENCE OF INTERNATIONAL PERSPECTIVES Widyawati, Anis; Adhari, Ade; Masyhar, Ali; Deo Syahputra, Bearlly; Purnomo, Didik
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines the dynamics of the penitentiary system transparent, and accountable criminal case handling in criminal execution law in Southeast Asia, focusing on the convergence and divergence of international perspectives. These countries have diverse approaches to the penitentiary system and criminal law enforcement, including in terms of the implementation of the death penalty and the treatment of prisoners. Some countries, such as Singapore and Malaysia, maintain strict death penalty practices, which often contradict international human rights standards, while others such as the Philippines show inconsistencies in implementing criminal execution laws. This research also examines the three main stages in the enforcement of the penitentiary system, namely the formulation stage, the application stage and the execution stage, which vary across Southeast Asian countries. Historical, political and cultural factors contribute to these variations, affecting the conformity of national legal systems with transparent and accountable international criminal law. In addition, this study highlights the importance of transparency and accountability in criminal case handling, as well as the role of rehabilitation in the penitentiary system, as an effort to align with international standards, especially regarding the treatment of death row prisoners. Understanding these dynamics is expected to provide insight into the differences and similarities in criminal execution laws in Southeast Asia as well as efforts towards better integration with international perspectives on human rights and criminal executions.
Challenging Nominee Agreements in the Mining Industry: Between Constitutional Mandates and Legal Evasion Sumarsih, Ida
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The restriction of foreign ownership in Indonesia’s mineral and coal mining sector is intended to uphold national sovereignty over natural resources and ensure equitable public welfare. However, these objectives are undermined by the widespread use of nominee agreements, a form of legal circumvention that enables foreign investors to covertly maintain control over mining operations. This normative juridical study, based on secondary legal sources and inductive analysis, finds that the persistence of nominee practices is primarily due to inadequate regulatory oversight and weak law enforcement. As a result, the benefits of mining activities are diverted away from the Indonesian people, contradicting the constitutional mandate that natural resources be utilized for the greatest possible prosperity of the population. The study recommends the establishment of a coordinated regulatory framework involving the Ministry of Energy and Mineral Resources, the Directorate General of Mineral and Coal, the Ministry of Law and Human Rights, and the Investment Coordinating Board to monitor beneficial ownership structures and enforce existing prohibitions on nominee arrangements. Strengthening these mechanisms is essential to safeguard Indonesia’s resource sovereignty and ensure the fair distribution of mining revenues.
RELOCATING INCLUSIONARY HOUSING OBLIGATIONS TO THE NEW CAPITAL NUSANTARA: LEGAL AND POLICY IMPLICATIONS Hermawan, Muhammad Ilham; Herliana, Nasywa Ananda
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The philosophical meaning of balanced housing lies in achieving a harmonious and equitable life among various social strata. To realize this philosophical essence, regulatory engineering is required, aimed at fulfilling the goals of balanced housing. The obligation for balanced housing is theoretically known in the literature of several countries as an inclusionary housing policy. Triggered by the need for residential development in the new capital city (IKN), the Government has "relocated" the previously unfulfilled balanced housing obligation to IKN. The IKN Law explicitly regulates “exceptions to the provisions of legislation in the field of housing and residential areas.” There are three (3) substantive exceptions. First, developers or business actors may fulfill their balanced housing obligation in the Capital City of Nusantara within a specific timeframe. Second, the obligation may be carried out in accordance with the Detailed Spatial Plan of the Capital City of Nusantara. Third, the law affirms the provision of incentives for housing developers who implement the balanced housing obligation in the new capital. This policy shift requires follow-up regulations addressing its implications for the local governments of the origin areas: (1) the form of incentives to be received by the originating local governments; (2) conditions that must be met in the originating areas as prerequisites for relocating the balanced housing obligation to IKN; and (3) cooperation and partnership mechanisms between the IKN Authority (OIKN) and regional governments.
Opportunities and Challenges of Land Sale and Purchase Agreement Transactions in the Digital Era in Indonesia Sanusi, Sanusi; Rakhmatullah, Bha’iq Roza; Pratama, Erwin Aditya; ARYANI, FAJAR DIAN; Wildan, Muhammad
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In this digital era, technology has changed many aspects of life. Land purchase agreements in Indonesia, which were previously carried out conventionally, have begun to shift to digital platforms. Digitalization in land purchase agreements offers various opportunities, but this process also has a number of challenges that need to be overcome to ensure that land purchase transactions can be carried out efficiently and safely, providing legal protection to buyers. The formulation of the problem in this study is how the challenges and opportunities of land purchase agreement transactions in the digital era in Indonesia and how legal protection is provided for buyers in digital land purchase transactions in Indonesia. This type of research is library research. Library research is research conducted using references in the form of books, journals, newspapers, magazines or reports of previous research results. Data collection techniques use secondary data, either using primary materials, secondary materials or tertiary materials. Data analysis in this study uses interactive analysis. The results of the study show that the opportunities with the presence of digitalization in land purchase agreement transactions in Indonesia can provide acceleration in accessing information about land, such as location, price, and legal status by prospective sellers and buyers. Transactions can be carried out without having to meet in person. Another opportunity from digitalization in land sale and purchase agreement transactions is the ease of recording and archiving documents. This digitalization also opens up opportunities for the government to eradicate corruption and extortion practices that still often occur in conventional land sale and purchase processes. One of the main challenges faced by buyers is fraud. In digital transactions, fraud can occur through various modes of operation, such as the sale of land with unclear ownership, falsification of documents, or presentation of inaccurate information. Legal protection must be provided to buyers in digital land sale and purchase agreements. The application of digital technology in land sale and purchase agreements must use a blockchain system and e-signatures to verify land ownership. This is done to overcome the problems of duplication and forgery, as well as to increase security and transparency.

Page 28 of 30 | Total Record : 296

 26   27   28   29   30 

Filter by Year

2011 2025


Reset
Filter By Issues
All Issue Vol. 15, No. 2 Vol. 15, No. 1 Vol. 14, No. 4 Vol. 14, No. 3 Vol. 14, No. 2 Vol. 14, No. 1 Vol. 13, No. 3 Vol. 13, No. 2 Vol. 13, No. 1 Vol. 12, No. 3 Vol. 12, No. 2 Vol. 12, No. 1 Vol. 11, No. 3 Vol. 11, No. 2 Vol. 11, No. 1 Vol. 10, No. 3 Vol. 10, No. 2 Vol. 10, No. 1 Vol. 9, No. 3 Vol. 9, No. 2 Vol. 9, No. 1 Vol. 8, No. 3 Vol. 8, No. 2 Vol. 8, No. 1 Vol. 7, No. 3 Vol. 7, No. 2 Vol. 7, No. 1 Vol. 6, No. 3 Vol. 6, No. 2 Vol. 6, No. 1 Vol. 5, No. 3 Vol. 5, No. 2 Vol. 5, No. 1 Vol. 4, No. 3 Vol. 4, No. 2 Vol. 4, No. 1 Vol. 3, No. 3 Vol. 3, No. 2 Vol. 3, No. 1 Vol. 2, No. 3 Vol. 2, No. 2 Vol. 2, No. 1 Vol. 1, No. 3 Vol. 1, No. 2 Vol. 1, No. 1 More Issue