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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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THE CONTROVERSY ABOUT THE ESSENCE OF LAW: A DISPUTE BETWEEN HART AND DWORKIN Bello, Petrus CKL
Indonesia Law Review Vol. 2, No. 1
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Abstract

Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart and Ronald Dworkin revolved around this very issue. Hart considered the law is nothing more than a set of rules whereas Dworkin believed that the law contains not only the rules but also principles which are morality and justice. This paper is trying to explore the issue of the relationship of law and morality in the context of this debate between Hart and Dworkin. The debate itself is very significant in the study of law. Following their arguments we can learn a lot about how the law should be understood and practiced. By listening to their whole debate we will also know that Hart’s positivistic thought and Dworkin’s tendency towards the natural law are not mutually negating. Hart Positivism is not anti-morality. It is precisely through positivism which he defended Hart aims at safeguarding the law by morality; whereas Dworkin has shown what had previously forgotten by the legal positivistic way of thinking, that is moral principles are integral parts of the law.
LEGAL AND NON-LEGAL AGRICULTURAL PRACTICES: TOWARD A SUSTAINABLE FUTURE IN MALAYSIA’S PALM OIL INDUSTRY Kamaruddin, Hanim; Wahab, Harlida Abdul; Anuar, Haslinda Mohd
Indonesia Law Review Vol. 8, No. 3
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As a major global producer of palm oil products, Malaysia is familiar with criticisms of its palm oil cultivation, poor agricultural practices and decisions during the planting process. Loss of biodiversity and deforestation resulting from unsustainable palm oil practices are perceived as major setbacks for the environment in Malaysia. However, at the same time as Malaysia stands committed to the palm oil industry and its contribution to job growth and poverty reduction, the relevant stakeholders are creating strategies for sustainable production. Together with relevant environmental laws to prevent and control impacts from climate change, loss of biodiversity and deforestation, environmental impact assessment (EIA) procedures to limit environmental impacts are also being applied. Many legal and non-legal measures to ensure sustainable palm oil production practices have been continuously debated, created or implemented over the past decades. These include certification schemes, penalties for environmental offenses, imposing environmental taxes or incentives as corrective and rehabilitative tools, and contributions to an Environmental Fund, as provided in the Environmental Quality Act (EQA) 1974. Furthermore, any new initiatives must ensure that palm oil cultivation practices adhere to and embrace the principles envisaged in the UN Sustainable Development Goals (SDGs) 2030, Roundtable Sustainable Palm Oil (RSPO), and Malaysia Sustainable Palm Oil (MSPO), in order to achieve SDGs 2030.
LEGAL STATUS OF VIRTUAL CURRENCY IN INDONESIA IN THE ABSENCE OF SPECIFIC REGULATIONS Chang, Soonpeel
Indonesia Law Review Vol. 8, No. 3
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Abstract

Given Indonesia’s recent legal policy developments regarding cryptocurrency, it is pertinent to ask whether this new investment market, by its overall structural formation, holds any further risks to Indonesia beyond those to individual parties. This paper contends that any effective regulation of this new ecosystem requires adoption of the machinery of more fundamental concepts and a clear direction. Even if the Government’s skepticism about soundness of the cryptocurrency markets is fully justified, how best to protect the various parties in the market is a different issue, one which calls for urgent attention from policy makers, legal practitioners, the judiciary and academic researchers. In particular, given the increasing number of startup Indonesian companies that have scrambled for seats in the new market, and the large number of related criminal cases reported in other jurisdictions, often involving hacking or embezzlement, the urgency to study best policy practices cannot be stressed enough. Against this backdrop, this paper analyzes the current legal status of virtual currency, related parties and activities in Indonesia absent direct laws and regulations to protect relevant parties.
SIX DIMENSION STRATEGY AS A BASIS OF BANKING STANDARD CONTRACT Frederik, Wulanmas
Indonesia Law Review Vol. 2, No. 1
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Indonesia banking based on Article 4 of Act No.10, 1998, aims at supporting the implementation of national development in order to improve equity, economic growth and national stability in the direction of improving people’s welfare. Therefore, to show how important is banking role in supporting the implementation of development, the 6 (six) Strategic Dimensions as the foundation of Banking Standards Contract are: (1). Prudent Banking Supervision and Good Corporate Governance (GCG) in banking activities, (2). Refunctionalization the principle of Contract Law in Banking Standards Contract, (3). Ethics Value in Business, (4). The Act No. 8, 1999 on Consumer Protection, (5). Enforcement of Human Rights Principles in banking activities, (6). Abuse of Circumstances implementations (Misbruik van Omstandigheden) in banking Contract. Based on the 6 (six) Strategic Dimension as the foundation of Banking Standard Contract, it will undoubtedly create justice, equity and assurance of the rights and obligations of the parties framed in the contractual and law bonds.
A CRITICAL ANALYSIS OF REDD+ LEGAL ARCHITECTURE IN REDUCING EMISSIONS FROM FORESTRY SECTORS IN INDONESIAN Wardana, I Gusti Agung Made
Indonesia Law Review Vol. 2, No. 1
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A new scheme called “Reducing Emissions from Deforestation and Forest Degradation in Developing Countries plus Conservation, Sustainable Management of Forests, and Enhancement of Forest Carbon Stocks” (REDD+) is being discussed to be one of the essential elements of the post-2012 global climate change regime. Many countries have put their proposal on the architectures of such scheme to the UNFCCC and demonstrated pilot projects on the ground as well. The research has been conducted to analyze critically the extent to which the REDD+ architecture being designed in Indonesia would be able to deliver climate effectiveness, costs efficient, equity outcomes and social and environmental co-benefits (3E+). It is argued that the basic idea of REDD+ is very simple to incentivize emission-reduction activities from forestry sectors in developing countries. However, so far, the REDD+ architecture appears to contain several contentious issues. Therefore, the issues should be addressed seriously otherwise they would undermine the REDD+ objectives.
EMERGING BALINESE FRANCHISED CITY HOTELS IN LEGAL CONTEXTS: TOWARD MODEL PROVISIONS OF LOCAL GOVERNMENT REGULATION AND A SELF-REGULATION FRAMEWORK Dharmawan, Ni Ketut Supasti; Salain, Made Suksma Prinjandhini; Hallewell, Benjamin
Indonesia Law Review Vol. 8, No. 2
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The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in terms of the quality of hotel standardization and reputation. Still, such hotels remain incomparable to the Balinese city hotels managed traditionally by family owners. In the legal context, the emergence of various types of modern franchised city hotels in Bali is influenced by suitable laws and policies, such as the World Trade Organization (WTO) Agreement with one of its ground bases called the “Non-Discrimination Principle” at the international level and at the regional level, the Association of Southeast Asian Nations Economic Community, which also emphasizes that one of the important central pillars of the multilateral trading system is a region fully integrated into the global economy. The emergence of modern chain city hotels has prevented the local city hotels from competing in terms of both the infrastructure and quality management services. To overcome these crucial issues, the model provisions of the local government regulation and self- regulation framework of hotel associations must be constructed to strengthen the local city hotels as chain hotels by implementing traditional values, e. g. , the Tri Hita Karana, the corporate social responsibility as a strategic development, and human rights approaches, that comply with the WTO Agreement and the laws and policies at the regional level.
MEDIATION FOR INDONESIAN TAX DISPUTES: IS IT POTENTIAL ALTERNATIVE STRATEGY FOR RESOLVING INDONESIAN TAX DISPUTES? Hidayah, Khoirul; Suhariningsih, Suhariningsih; Istislam, Istislam
Indonesia Law Review Vol. 8, No. 2
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Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the collaborative relationship. Mediation is a solution to encourage this positive bond in solving the dispute. It is successfully implemented in Australia. The similar way is strongly recommended for the Indonesian Government to develop a good relationship between taxpayers and revenue body. One of the chances for mediating in an attempt to minimize tax dispute is in the auditing process. This process cannot be easily done because it needs political will and high desired improvement from the Government to make a change. Mediation is an attempt to achieve a win-win solution and is in line with the principles of Pancasila, that is a deliberation for reaching an agreement. If it is done, then mediation will be a courteous way in tax dispute resolution and will be able to improve a good post-dispute relationship in Indonesia.
PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES Kadir, M. Yakub Aiyub
Indonesia Law Review Vol. 8, No. 2
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This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the international procedural system will ensure the compliance of agreement, and strengthen sustainable peace in Aceh-Indonesia context.
INTERNATIONAL AND DOMESTIC LAW ASPECTS OF CROSS-BORDER INSOLVENCY IN ORDER TO ESTABLISHING CROSS-BORDER INSOLVENCY REGULATION IN ASEAN: INDONESIAN PERSPECTIVE Imanullah, Moch Najib; Latifah, Emmy; Ratri, Pramesthi Dinar Kirana
Indonesia Law Review Vol. 8, No. 2
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Abstract

The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies were generally out of date and irrelevant to the modern commercial needs, particulary the cross-border insolvency matters that has not been well regulated. ASEAN has initiated an integrated economy regional by launching an ASEAN Economic Community on late 2015. It aimed to establish a deeply integrated and highly cohesive ASEAN economy that would support sustained high economic growth and resilience in the face of global economic shocks and volatilities within ASEAN members. Unfortunately, ASEAN member has not prepared a regulation regarding cross-border insolvency matters which could restrains its aim to establish a fully integrated economy regional. Each state members has its own national insolvency laws and proceedings, but none have the schemes that could surpassed the national borders and simplified the procedures. The aspects of cross-border insolvency from both the international law and domestic law of Indonesia is already prepared to deal with foreign proceedings. Both could be adjusted to establish a cross-border regulation in ASEAN. Hence, there should be an in-depth harmonization of cross-border insolvency should be another priority upon ASEAN Economic Community to achieve a fully-integrated economy in ASEAN.
REFUGEES RESETTLEMENT: A REVIEW OF INDONESIAN LAWS AND PRACTICES Afriansyah, Arie; Zulfa, Eva Achjani
Indonesia Law Review Vol. 8, No. 2
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This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a judicial-normative approach to analyze the doctrines as well as the requirements in international law as well as the concept and the opinions of scholars combine with rules found within national laws about the procedure of resettlement of a third party state for the refugees. By observing refugee camps in Jakarta, Medan and Kupang during 2016, it concludes that national immigration law in Indonesia is heavily embedded within the Law No. 6/2011 about immigration and the Director-General’s decision No. IMI-1489.UM.08.06 at the year 2010 about the handling of illegal immigrants. Further, this article argues on the need of regulatory measures in place in regards to the capacity of institutions in Indonesia in the handling of refugees so that more extensive coordination can be achieved in.

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