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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 308 Documents
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REGULATORY COOPERATION ON CROSS-BORDER PERSONAL DATA FLOWS BETWEEN CHINA AND MALAYSIA: A COMPARATIVE LEGAL ANALYSIS UNDER RCEP AND CPTPP FRAMEWORKS Shan, Deng
Indonesia Law Review Vol. 15, No. 3
Publisher : UI Scholars Hub

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Abstract

China and Malaysia have demonstrated strong momentum in the development of their digital economy. However, the management and protection of personal data in cross-border flows have emerged as major challenges, underscoring the urgent need for enhanced regulatory cooperation to ensure data security and circulation efficiency. This study employs a qualitative research methodology, with a focus on comparative analysis and documentary research, to examine the similarities and differences in data governance rules under the frameworks of the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It further examines the role and challenges of these frameworks in facilitating cross-border regulatory cooperation on personal data between China and Malaysia, as well as assessing the impact of the Association of Southeast Asian Nations (ASEAN) on Malaysian legislation and China-Malaysia cross-border data regulatory cooperation within the RCEP and CPTPP frameworks. The study shows that China and Malaysia can leverage the RCEP as a mechanism for transitions and adjustments, and draw on the high-standard rules of the CPTPP to explore an innovative and inclusive cooperation model. The study proposes the idea of building a regional cross-border data governance framework, aiming to promote both cross-border management coordination of personal data between China and Malaysia, and further development of the digital economy in the two countries.
Cultivating Synergy: A Comparative Legal Analysis of Agrivoltaics Frameworks for Thailand's Sustainable and Just Energy Transition Keawchaum, Chirat
Indonesia Law Review Vol. 15, No. 3
Publisher : UI Scholars Hub

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Abstract

This article conducts a critical comparative analysis of the legal frameworks for agrivoltaics (AV), employing the theoretical lenses of "Energy Justice" and "Social Costs" to evaluate the structural challenges in Thailand. It contrasts the Thai context with successful models and cautionary tales from a range of international jurisdictions, including Germany, France, Japan, Italy, the United States, and China. The central thesis posits that Thailand's current approach constitutes a "structural limitation," characterized by siloed sectoral laws that misclassify AV under an inappropriate industrial paradigm, thereby creating the most significant constraint to its equitable scaling. Drawing on international best practices, notably Germany's technical standard DIN SPEC 91434 and France's agriculture-centric functional definition, this paper develops a detailed blueprint for legal reform in Thailand. The proposed framework focuses on establishing a distinct "legal identity" for agrivoltaics, safeguarding against the risks of "pseudo-agriculture" and "land financialization." Ultimately, this reform aims to unlock the technology's potential to address Thailand's interconnected trilemma of energy transition, food security, and land-use optimization in a manner that is both sustainable and just.
FLOATING NUCLEAR POWER PLANTS ON THE HORIZON. DO WE NEED A REVISED BRUSSELS CONVENTION ON THE LIABILITY OF THE OPERATORS OF NUCLEAR SHIPS? Handrlica, Jakub
Indonesia Law Review Vol. 15, No. 3
Publisher : UI Scholars Hub

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Abstract

Adopted in 1962, the Brussels Convention on the Liability of the Operators of Nuclear Ships has been considered an obsolete instrument for the last 60 years. In light of renewed interest in floating nuclear power plants (FNPPs), this article revisits the regime of this half-forgotten Convention and calls for its modernisation. The fact is that a robust legal framework for liability and compensation must accompany any prospective deployment of FNPPs. This article argues that adopting a Revised Brussels Convention will help address these challenges. This article aims to identify the reasons for this modernisation and to outline its significant features. It also argues that adopting a Revised Brussels Convention could represent an important opportunity to establish a nuclear liability framework for FNPPs in countries such as Indonesia, Sri Lanka, Thailand, or Vietnam.
Children Facing the Law: Addressing Narcotics Offenses Through Restorative Justice Nashriana, Nashriana; Banjarani, Desia R
Indonesia Law Review Vol. 16, No. 1
Publisher : UI Scholars Hub

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Abstract

In recent years, the increasing number of children involved in narcotics-related crimes in Indonesia has raised concerns about the effectiveness of the current juvenile justice system. While the Juvenile Criminal Justice System Law promotes the use of diversion and restorative justice, in practice, punitive measures such as imprisonment remain the dominant approach. This gap between normative ideals and legal reality highlights the need for reform. Drawing from comparative legal frameworks in countries such as the United States, Germany, and Spain, this study explores the potential of therapeutic treatment as a more humane and effective response to juvenile narcotics offenses. Therapeutic interventions—including skill development, psychosocial rehabilitation, and cognitive behavioural therapy—are presented as viable alternatives to incarceration, aiming to support the child's rehabilitation and reintegration. This research, which adopts a normative legal method supported by empirical data, applies statutory, comparative, and case approaches, with data analysed through a descriptive qualitative method. The findings emphasize that Indonesia’s enforcement practices require restructuring to align with the best interests of the child. Accordingly, a new therapeutic treatment model is proposed as a first-line response, positioning children not merely as offenders but as individuals in need of guidance and care.
Virtual Rape In Indonesian Criminal Law: Legal Reality Or Conceptual Challenge? Sutran, Moh. Raihan Rizaldi
Indonesia Law Review Vol. 16, No. 1
Publisher : UI Scholars Hub

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Abstract

Current technological developments have brought humanity into a new era called the metaverse, a virtual world that allows people to interact through digital avatars. However, this progress has also presented new problems, one of which is virtual rape – rape committed by players through their avatars. Even though there is no direct physical contact, victims can still experience real psychological effects such as trauma, anxiety, and fear. The main problem is there are no regulations in Indonesia that can address this phenomenon yet. Therefore, this article examines the extent to which the phenomenon of “virtual rape” can be considered equivalent to the concept of rape within existing conceptual and legal frameworks. In the absence of such equivalence, it further examines whether virtual rape can nonetheless be classified as a criminal offence, or whether alternative legal frameworks may be applicable to address this phenomenon. The research attempted to answer that question by relying on the comparative studies of United Kingdoms, United States, and European Union. These countries have apparently addressed this issue in many different ways. It is a challenge to argue that virtual rape falls under the rape in the classical languages as rape is considered to be physical sexual assault. Hence it does not fulfil the key elements of rape.  However, this does not mean that this issue can be ignored. The virtual world is growing, and the line between the real and digital worlds is becoming increasingly blurred. Sooner or later, the possibility of more serious non-consensual sexual acts in the metaverse remains open or it might be increase to be a bigger problem.
From Dissent to Terrorism: The Formation of a Security Grammar in Malaysia Abdul Hamid, Haezreena Begum binti, Dr
Indonesia Law Review Vol. 16, No. 1
Publisher : UI Scholars Hub

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Abstract

The absence of a universally accepted definition of terrorism has enabled states to exercise wide discretion in naming, governing, and exceptionalising violence. This article argues that, in Malaysia, “terrorism” did not emerge as a neutral legal category but as the product of a historically evolving security grammar, a patterned way of interpreting ideology, dissent, and conflict through the lens of existential threat. Employing a qualitative doctrinal socio-legal methodology, the study integrates analysis of international and Malaysian legal frameworks with case-based examination of key episodes, including Memali, Al-Arqam, Al-Ma’unah, Lahad Datu, and ISIS-linked incidents. Statutes, judicial decisions, policy materials, and regional case studies are analysed thematically to trace how definitional ambiguity is translated into concrete legal practice. The findings demonstrate that Malaysia’s counter-terrorism regime was shaped prior to modern terrorism statutes through practices of preventive governance that rendered belief and association governable through exception. These early patterns were later consolidated within contemporary legal architecture and globalised through transnational jihadist networks. The article shows how heterogeneous conflicts whether religious dissent, territorial disputes, or political mobilisation are converted into “terrorism,” activating exceptional powers and displacing alternative political or historical frames. By theorising terrorism as a legal and epistemic construction, this study reveals how counter-terrorism in Southeast Asia operates through a security grammar that prioritises pre-emption over proof and deterrence over proportionality. It highlights the enduring implications of this logic for legality, accountability, and human rights.
PROMOTING CLIMATE JUSTICE THROUGH SMR LICENSING IN THE UNITED STATES AND CANADA: LEGAL COMPARISON AND LESSONS FOR VIETNAM AND DEVELOPING COUNTRIES Le Minh, Nhut; Huy, Tran Quang
Indonesia Law Review Vol. 16, No. 1
Publisher : UI Scholars Hub

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Abstract

Climate justice is an issue raised in Vietnam and many developing countries around the world due to the increasing number of serious climate change events in recent years. For this reason, energy transition is chosen as one of the solutions for climate justice promotion in Vietnam, as well as in other developing countries. Across the options, Small modular reactor (SMR) investment is under significant consideration for climate justice promotion in Vietnam and the developing countries. SMR can ensure that every person has access to clean energy while protecting the environment. However, developing SMR requires the harmonisation between innovation and nuclear safety when licensing SMR. For this reason, this study aims to develop recommendations for promoting climate justice by establishing regulations and rules governing the SMR licensing procedure. To realise the target, this study uses a legal comparative methodology to explain the rules and laws governing SMR licenses in the United States of America and Canada and how they promote climate justice. The findings show that flexibility is the core component of SMR licensing that contributes to climate justice. On this basis, the study further recommends legal solutions to promote climate justice in Vietnam and other developing countries through SMR licensing.
2025 Developments in the Rodrigo Duterte Case at the International Criminal Court: Procedural Rigor vs. ICC Jurisdictional Expansionism Chiarini, Giovanni, Dr
Indonesia Law Review Vol. 16, No. 1
Publisher : UI Scholars Hub

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Abstract

This paper explores the temporal jurisdictional tensions arising from the International Criminal Court’s (ICC) investigation into alleged crimes against humanity committed during President Rodrigo Duterte’s “war on drugs” (2016–2022). Despite the Philippines’ formal withdrawal from the Rome Statute in 2019, the ICC prosecutor proceeded with its investigation, validated by the judges. This raises complex questions surrounding the interpretation of Article 127 of the Rome Statute and the temporal limits of ICC jurisdiction. The paper is divided into three parts: the first outlines the procedural history of the war-on-drugs case, from 2016 to 2024; the second analyzes dissenting judicial opinions cautioning against the broader interpretation of Article 127; and the third examines key 2025 developments, including the issuance of an arrest warrant and public reactions. Ultimately, it argues that the ICC is facing a decisive institutional crossroads. A broader reading of Article 127, combined with the international legal community’s tendency to prioritize substantive justice over procedural formality, risks turning jurisdiction into a political tool.

Page 31 of 31 | Total Record : 308

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