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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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Optimizing the Role of Notaries in Digital Property Inheritance: A Comparative Legal Analysis Sendrawan, Tjhong; Agustina, Rosa; Makarim, Edmon; Nefi, Arman; Ipfelkofer, Josephine Rus Indra Sapti
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance issues from a notarial perspective. This study conducts a thorough analysis of digital property under inheritance law and how notaries should play a role in digital inheritance matters. A method of doctrinal legal analysis of current national and international laws and regulations pertaining to digital property succession is also employed, as well as comparative legislative studies examining proposed policies across jurisdictions to garner real-world insights into the operational challenges, emerging practices, and pragmatic considerations surrounding notary participation in digital inheritance procedures. Updating inheritance laws to address the transfer of digital property is crucial to protect the rights and interests of individuals, promote legal certainty, and ensure that these valuable assets are properly accounted for and transferred to rightful heirs or beneficiaries. The law of property in the Indonesian Civil Code needs to be immediately adjusted to the development of the digitalization era. This article suggests optimizing the role of notaries to create authentic deeds on digital property inheritance. Keywords: Digital property, inheritance, notary, will.
Legal Perspectives on Information Asymmetry in Investor Selection for Public-Private Partnership Projects Under O&M Contract Cao, Nhu Thi Thuy; Chau, An Quoc; Luu, Sang Minh; Ngo, Thao Minh Phuong; Pham, Ha Loc; Nguyen, Anh Phuong
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The findings highlight the need for regulatory intervention to ensure fair competition, with the key solution being the establishment of obligations to share project data for potential investors.
Managing Crowdfunding Risks in Terrorism Financing: A Mediated Analysis of Government Intervention and Donation Intentions Muslim, Fithriadi; Zulfa, Eva Achjani; Syauqillah, Muhamad
Indonesia Law Review Vol. 15, No. 2
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Abstract

Crowdfunding has emerged as a popular platform for collective funding of social, charitable, and commercial projects. However, its increasing use has raised concerns over potential misuse, including as a source of terrorism financing. This study investigates the relationship between donation intentions using crowdfunding and the risk of crowdfunding being used as a source of terrorism financing. Furthermore, it explores the mediating role of government intervention in this relationship. Using a Structural Equation Modeling-Partial Least Squares (SEM-PLS) second-order approach, the research evaluates the interaction between donor intentions, crowdfunding risks, and government regulations. Findings reveal that while donor intentions significantly impact the risk of crowdfunding misuse for terrorism financing, the mediating role of government intervention is statistically insignificant. This suggests that regulatory measures alone may not sufficiently mitigate these risks. These findings highlight the critical need to reevaluate current strategies for preventing the misuse of crowdfunding for illicit purposes. By providing empirical evidence of the limited impact of government intervention, this study contributes valuable insights for policymakers aiming to strengthen oversight mechanisms and ensure safer crowdfunding practices in Indonesia.
INITIAL COIN OFFERINGS AS AN ALTERNATIVE METHOD FOR RAISING CAPITAL: LEGAL CONSIDERATIONS AND REGULATORY SOLUTIONS IN INDONESIA Pasaribu, Juwita Patty; Nelson, Febby Mutiara; Santoso, Topo; Ari, Fransiska
Indonesia Law Review Vol. 15, No. 2
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Abstract

Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern technology-based approach that is commonly used for raising organizational capital through the issuance of tokens. Following an analysis of the legal vulnerabilities in ICO and their impacts on the public, this study mainly proposes to regulate ICO in capital market law, which includes preventive legal measures and fundamental legal principles to protect the public. This study, using a comparative method, also explores the global prevalence and negativities associated with ICO, examines regulatory frameworks related to ICO in Switzerland and the United States, and identifies legal issues in the general use of blockchain technology, as well as emphasizes the needs of the Indonesian government’s response toin ensuring lawful legal certainty for legal actionICO, using a comparative method. Based on this assessment, it can be argued that strengthening the regulatory framework for ions of ICO, particularly in Indonesia, is crucial in preventing criminal actions related to in this transaction and ensuring legal protection as well as legal certainty for the public.
Counterterrorism Legislation and Its Impacts on Human Rights in Malaysia bin Idris, Noor Maarof; Khoo, Ying Hooi
Indonesia Law Review Vol. 15, No. 2
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Abstract

In the aftermath of 11 September 2001, terrorism overshadowed other global security concerns. Since then, there has been significant growth in security and counterterrorism legislation and policies worldwide. The United Nations Security Council (UNSC) Resolution 1373 (2001) and 1456 (2003) authorized states to implement national legislative measures to combat terrorism while emphasizing the promotion and protection of human rights and the rule of law. In Malaysia, counterterrorism efforts have been reinforced through the Security Offences (Special Measures) Act 2012 (SOSMA), the Prevention of Crime Act 1959 (POCA) (as amended in 2015), and the Prevention of Terrorism Act 2015 (POTA). This study critically examines these key pieces of Malaysian legislation related to counterterrorism and assesses their impact on human rights. The study explores the government’s securitization approach to managing perceived terrorism threats through this legislation. It specifically investigates how preventive detention provisions in these laws affect human rights in Malaysia, particularly the right to life and personal liberty as enshrined in Article 5 of the Federal Constitution. The findings revealed instances of
THE ULTIMUM REMEDIUM PRINCIPAL FORMULATION POLICY IS PARTIAL IN NATURE IN CORPORATE CRIMINALITY IN INDONESIA Adhari, Ade; Pujiyono, Pujiyono; Sidharta, Sidharta; Aprilia, Indah Siti
Indonesia Law Review Vol. 14, No. 1
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Abstract

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, paying off import duties that are not or underpaid or after paying off excise that is not and/or underpaid. From this policy formulation, it can be seen that the principle of ultimum remedium in corporate punishment is partial.
REGULATING FOOD WASTE MANAGEMENT IN INDONESIA: DO WE NEED AN OMNIBUS LAW (AGAIN)? Satyawati, Ni Gusti Ayu Dyah; Suyatna, I Nyoman; Gede Arya Sumerta Yasa, Putu; Palguna, I Dewa Gede; Rajaratnam, Nadeeka
Indonesia Law Review Vol. 14, No. 1
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Abstract

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste management in Indonesia. This paper suggests that statutory regulations have indicated an initial concern about food waste; however, they do not provide a strict mandatory obligation to relevant stakeholders. Indonesia may use Europe’s remarkable achievements as lessons learned in initiating a comprehensive legal framework for food waste in the future. This paper, therefore, proposes a Law on Sustainable Food System as an ius constituendum to figure out a comprehensive solution for combining food management and environmental sustainability needs. In terms of legislative drafting, an omnibus law seemed suitable for drafting such a law, which crosses different legal regimes, and the existing provisions are spread in various regulations.
THE PRESERVATION OF MARINE FISHERIES RESOURCES WITHIN ASEAN NATIONS’ EEZ Kurnia, Ida
Indonesia Law Review Vol. 14, No. 1
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Abstract

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also conducted from secondary law materials such as international journals and books. It should be noted that the preservation of marine fisheries within ASEAN region has always been a topic that needs to be continuously improved. The urgency to escalate the preservation efforts can be seen in various programs conducted through Ministerial Understanding on Fisheries Cooperation in 1983, as a form of understanding and cooperation between ASEAN nations for the development, management, and conservation of marine fisheries resources within ASEAN EEZ region. Moreover, ASEAN also carried out collaborative efforts for marine fisheries conservation through ASEAN Policy of the General Fisheries Policy Feasibility Study (AGFP). AGFP regulate the ASEAN marine fisheries sector and encompassed 15 focus areas, including marine fisheries resources management, countermeasures against Illegal, Unreported and Unregulated (IUU) Fishing, research on marine fisheries, food security, international trade, animal health, conservation of habitat, and management of marine debris and garbage. The policy was ultimately established by the ASEAN nations member as a Working Unit Forum named The ASEAN Sectoral Working Group on Fisheries (ASWGFi) to realize the vision and mission of AGFP. Efforts to overcome this challenge are laid out by committing to preserve marine fisheries resources in ASEAN nation’s regions, focusing on protecting marine biodiversity – especially marine fisheries resources, encouraging economic and social sustainability, while ensuring food availability and security for the future.
Enforcement of International Investment Arbitration Awards: Comparative Lessons from Indonesia and China Yuan, Luo Yuan; Abdullah, Abdul Gani, Prof.; Sumartono, Gatot
Indonesia Law Review Vol. 14, No. 1
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Abstract

The current world has various methods to resolute the investment dispute, while the main reason which should be largely taken into account when people choose the way to resolve the dispute is whether the recognition and enforcement of the resolution is effective or not. As the most popular resolution chosen for investment dispute, the international arbitration is playing the most crucial role on the current stage. The article focuses on the comparative study on the recognition and enforcement of International Investment Arbitration Award between Indonesia and China. The research addresses two questions namely: (1) how to make the dispute settlement mechanism of investment arbitration in Indonesia more effective; and (2) whether China should establish an arbitration investment dispute mechanism and what kind of mechanism if it should. The research uses the qualitative data to elaborate, and the sources will be more presented by the secondary data, such as the treaties, laws, regulations and cases. The descriptive measurement will be mainly taken in this article. Besides, the various analyses are used to interpret the meanings in the data. Based on the research, several problems from both Indonesia and China have been found, namely, even though Indonesia has established the relevant mechanism, the blur and unclear regulations for the process and the unpractical requirement for documents have been the obstacles for practicing. The problem for China is that the mechanism has not yet established. There are some solutions to solve those problems, including for Indonesia, detailing each process, confirming the competent authority and illustrating the condition for annulment, providing the public with relevant information, revising the requirement for submission of the certain documents. While for China, the government should eliminate interfering the use of Public Order, the Judicial Review and the State Immunity, and establish the mechanism from the perspectives of the theory and the practice.
The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment Surya Nagara, Airlangga; Adi, Elisabeth Ayu Puspita
Indonesia Law Review Vol. 14, No. 1
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This Cases of sexual violence are rife, including in universities. Data compiled by Komnas Perempuan shows that during 2015-2021, out of 67 reported cases of sexual violence against women, 35 cases occurred in universities. To overcome this, the government has issued the PPKS Permendikbud, and the TPKS Law. In fact, the existence of these regulations has not had a significant impact. It is proven that in 2022, there were 49 reports of sexual violence in universities received by the Ministry of Education and Culture's PPKS Working Group. Even as of May 2023, reports regarding sexual violence in universities are still occurring. The purpose of this research is to find an ideal model for overcoming sexual violence in the higher education environment. For this reason, normative legal research is carried out which is prescriptive in nature. Secondary data obtained through library research was processed and analyzed qualitatively. The results of the study show that overcoming sexual violence through regulation alone is still not enough. Because the causes that dominate sexual violence are institutionalized patriarchal culture, unequal social structures, and community stigmatization, the prevention of sexual violence must be accompanied by instilling and cultivating local wisdom values based on morality, ethical behavior, and civility in the dynamics of community interaction.

Page 29 of 30 | Total Record : 296

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