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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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RECONSTRUCTION OF SHARIA LAW ENFORCEMENT IN ISLAMIC BANKING BY THE SHARIA SUPERVISORY BOARD USING A SWOT ANALYSIS APPROACH Mahipal, Mahipal; Wahyudin, Yudi
Indonesia Law Review Vol. 14, No. 2
Publisher : UI Scholars Hub

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Abstract

The implementation of sharia principles in Islamic banking management has not always benefited. A challenge lies in the fact that the Sharia Supervisory Board's (SSB) oversight of Islamic banking has not operated at peak efficiency. Developing plans and policies for SSB's rehabilitation in Islamic banking management is the goal of this study. The literature review method and SWOT analysis was used to conduct the research. The analysis's findings indicate that the most important factor influencing SSB's presence in an organization and the management structure of Islamic banking is the frequency with which organizational internal factors—weaknesses (1.00) and strengths (0.95) of SSB—occur. Threats (0.24) and opportunities (0.56) from the external environment are supporting factors that can also influence SSB's existence. Furthermore, four methods for the reconstruction of the SSB were acquired. These strategies comprised: (i) rebuilding and repositioning sharia supervisory board in the Islamic banking, (ii) optimizing the sharia supervisory board's roles and function, (iii) reconstructing the institution of sharia supervisory board, and (iv) rebuilding Indonesia's sharia supervisory board's Islamic law. In an attempt to maximize the supervision built into Islamic banking in Indonesia, the four SSB construction concepts are anticipated to serve as a bridge.
THE JUDICIAL POLICY OF RATIO DECIDENDI REGARDING CORPORATE CRIMINAL LIABILITY TOWARDS JUST JUDGMENTS Aryani, Fajar Dian; Pujiyono, Pujiyono; Sidharta, Sidharta
Indonesia Law Review Vol. 14, No. 2
Publisher : UI Scholars Hub

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Observing the workings of law in Indonesia is very intriguing, particularly regarding corporations in the era of globalization. In this context, the refunctionalization of law in the enforcement of corporate law is interpreted as a process of legal renewal and a part of a progressive and reformative legal political process. In this regard, the legal interpretation of corporate liability principles becomes the main focus of this dissertation. It appears that corporate liability, which is key to prosecuting corporations, still requires more serious efforts to be articulated in practical terms, leading to fair judicial decisions for both the corporation itself and the victims of corporate crimes. This situation drives the researcher to examine the issues of (a) How judges’ Ratio Decidendi interprets corporate liability, and (b) How the element of corporate fault should be interpreted in judges’ Ratio Decidendi to improve the regulatory provisions regarding corporate liability. The research method applied in this study is normative legal research. The statutory approach is used by reviewing all regulations related to the legal issue being studied, namely corporate liability. The conceptual approach is used as an argument to solve problems based on doctrines to better understand the basic ideas, legal concepts, and legal principles relevant to the issue. The method of interpretation often found in various criminal law literature is discussed. The research results affirm that legal interpretation and construction can be seen as ways for judges and other legal officers to discover the law. There is a difference in character between civil law and common law experts when discussing legal discovery. Thus, this study attempts to apply the use of the term Ratio Decidendi in the Indonesian criminal legal system, particularly in interpreting corporate liability.
PERSONAL DATA PROTECTION LAW IN INDONESIA: CHALLENGES AND OPPORTUNITIES Syailendra, Moody Rizqy; Lie, Gunardi; Sudiro, Ahmad
Indonesia Law Review Vol. 14, No. 2
Publisher : UI Scholars Hub

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This research identifies challenges, obstacles and opportunities related to the issuance of Law No. 27 of 2022. Protection of personal data is crucial, especially in the use of information and communication technology in the current modern era. The contents of this article were analyzed using qualitative methods and secondary data in analyzing it. The research results show that: although the PDP Law was only implemented in 2022, regulations regarding PDP can actually be found in various pre-existing regulations, then there are principles and provisions that can be included in the PDP Law to better accommodate the need for protecting people's personal data, Furthermore, there are various challenges, obstacles and protections in implementing the PDP Law. The conclusion is that the passing of Law Number 27 of 2022 concerning Personal Data Protection in Indonesia marks a significant step in strengthening personal data protection for Indonesian citizens. However, implementing this law presents various challenges that the government must overcome.
EVOLVING NOTIONS OF PUBLIC INTEREST: A NEW PERSPECTIVE ON LAND ACQUISITION IN INDONESIA Amal, Bakhrul; Yusriadi, Yusriadi; Silviana, Ana
Indonesia Law Review
Publisher : UI Scholars Hub

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Indonesia relating to land issues. The meaning of public interest in land acquisition which is expected to be able to help realize justice, prosperity and welfare for the community turns out that in its implementation it actually causes conflict because it is not in accordance with the principles of balance and justice. The problems that the research tries to answer are: (1) What is meant by public interest according to the applicable laws and regulations? (2) How is the reconstruction of the meaning of public interest in land acquisition for development in the public interest based on the principles of balance and justice? To answer this problem, the paradigm used in this research is the constructivism paradigm, supported by the theory of the rule of law, the theory of legal interpretation, and the theory of corrective justice. The methodology in this research uses sociolegal methodology. From this research, it was found that the meaning of public interest in the Basic Agrarian Law apparently changed inconsistently in the derivative regulations that followed. The correct meaning of public interest is the interest of the nation, state, and society, which continues to pay attention to individual interests and must be realized jointly by the central or regional government and the community and used as much as possible for prosperity, justice, and happiness for society as a whole. The recommendation from this research is the need for consistency in the formation of laws and regulations in accordance with the principles of the rule of law. In addition, the government is expected to pay attention to the principles of balance and justice in the land acquisition process for development in the public interest. The current meaning of public interest needs to be reconstructed according to the objectives of UUPA.
Legal Analysis of Investor Protection in Corporate Green Bond Issuance Pakpahan, Elvira Fitriyani; Heriyanti, Heriyanti; Tanjaya, Willy; Pakpahan, Emir Syarif Fatahillah; Rizal, Said; Leonard, Tommy
Indonesia Law Review Vol. 14, No. 2
Publisher : UI Scholars Hub

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Abstract

The global climate crisis has driven countries, including Indonesia, to adopt sustainable financing mechanisms that channel capital into environmentally responsible projects. One prominent instrument is the green bond—debt securities issued by corporations or institutions to finance projects with measurable environmental benefits, such as renewable energy, sustainable transport, and climate change mitigation. In Indonesia, green bonds are regulated by the Financial Services Authority (OJK) through Regulation No. 60/POJK.04/2017, which sets administrative requirements for issuance. While this framework marks an important step, it remains inadequate to guarantee strong investor protection. Current provisions do not establish clear enforcement mechanisms or effective sanctions against fund misallocation or project deviation, leaving investors vulnerable to risks such as greenwashing. The absence of mandatory third-party verification and the lack of supporting jurisprudence further undermine transparency, accountability, and the legal standing of investors. This research analyzes the extent of legal protection for investors in Indonesian corporate green bond issuances and evaluates the adequacy of existing regulations. It also proposes reforms—such as mandatory independent verification, explicit liability provisions, and the integration of national standards—to enhance safeguards for investors and strengthen market credibility. In the context of global momentum toward ESG-based investment and Indonesia’s commitments under the Paris Agreement and the Sustainable Development Goals (SDGs), establishing a more comprehensive and enforceable legal framework is essential. Such a framework would not only ensure genuine environmental impact but also build investor confidence in Indonesia’s growing green finance market.
Rupture in the Legal Hierarchy: Normative Conflicts and the Subversion of Agrarian Principles in Indonesia’s Omnibus Law Situmorang, Waldus; F. R., Mella Ismelina; Rasji, Rasji
Indonesia Law Review Vol. 14, No. 4
Publisher : UI Scholars Hub

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This article examines the normative conflict between Law No. 6 of 2023 on the Establishment of Government Regulation in Lieu of Law on Job Creation and the Basic Agrarian Law (UUPA), specifically within the land law cluster. Using a normative approach and the theory of derogation, the article identifies three core areas of legal inconsistency: (1) the strengthening of Land Management Rights (Hak Pengelolaan), (2) foreign ownership of apartment units, and (3) the granting of land rights in aboveground and underground spaces. These legal inconsistencies not only create normative dualism but also generate legal uncertainty and threaten the principle of the rule of law. The article discusses the legal and policy implications of this dualism and proposes pathways for harmonization, including affirming the UUPA as a lex specialis, revising sectoral laws, or filing for judicial review. The analysis ultimately seeks to reclaim coherence in Indonesia’s land governance framework amidst the rising trend of autocratic legalism in pro-investment legislation.

Page 30 of 30 | Total Record : 296

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