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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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OBSERVING THE INDONESIAN HOUSE OF REPRESENTATIVES' PERFORMANCE Azed, Abdul Bari
Indonesia Law Review Vol. 4, No. 2
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Abstract

DPR fulfilled mandate of the people, one of its way is through legislation function, namely formed Act with an agreement with the President. Expectations of the people filled with less than optimal by DPR caused by the performance of the parliament in the field of legislation which was less than satisfactory because did not fulfill the Prolegnas target which they had made themself. This condition caused the functions of DPR as parliament not fully carried out in encouraging people prosperity and developing the country. Hence, it is important to do a series of policy and concrete steps to minimize problems that involve parliament as well as to promote better performance legislation function in the House of Representatives.
ASEAN SINGLE AVIATION MARKET AND INDONESIA - WILL IT SURVIVE AGAINST THE GIANTS? Abeyratne, Ruwantissa Indranath
Indonesia Law Review Vol. 4, No. 2
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Abstract

To say that Indonesia is an enigma in air transport is an understatement. On the one hand, the demand for air transport in Indonesia is higher in proportion to its GDP per capita. Its economy can be expected to grow 6% to 10% annually. A single aviation market could add another 6% to 10% growth in sheer demand. It is one of the wealthiest countries in the world, being the 16th richest country currently, and, according to an Airbus forecast, will be the 7th richest in 2030. Yet its airports are badly in need of expansion, its infrastructure is bursting at its seems, and above all, its airlines are strongly resisting liberalization of air transport in the region for fear of being wiped out by stronger contenders in the region. Against this backdrop, it is incontrovertible that Indonesia's civil aviation is intrinsically linked to regional and global considerations. Indonesia's archipelagic topography makes its people heavily reliant on safe, regular and reliable air services that may connect them not only internally but also to the outside world. A single aviation market in the ASEAN region will bring both benefits to Indonesia and challengers to its air transport sector. This article discusses the economic and regulatory challenges that Indonesia faces with the coming into effect of the ASEAN Single Aviation market in 2015.
THE EXISTENCE OF HUMAN RIGHTS COURT AS A NATIONAL EFFORT TO ELIMINATE THE SEVERE VIOLATION OF HUMAN RIGHTS IN INDONESIA Junaedi, Junaedi
Indonesia Law Review Vol. 4, No. 2
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Abstract

The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case. The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.
LEGITIMACY OF THE RESTORATIVE JUSTICE PRINCIPLE IN THE CONTEXT OF CRIMINAL LAW ENFORCEMENT Sukardi, -
Indonesia Law Review Vol. 4, No. 2
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Abstract

This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is a need for a scientific investigation process for the purpose of determining the status of parties involved in a case, as well as for positioning the case concerned. Based on such view, the restorative justice principle appears to be the ideal approach to be applied in the criminal judiciary system.
IMPLEMENTATION OF MANDATORY ENTERPRISE REGISTRATION (WDP) FOLLOWING THE EFFECTIVENESS OF LAW NO. 40 YEAR 2007 CONCERNING LIMITED LIABILITY COMPANIES IN THE ERA OF REGIONAL AUTONOMY Hertanto, Ari Wahyudi
Indonesia Law Review Vol. 4, No. 2
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Abstract

Implementation of company registration shall be constrained because of differences in the interpretation of the meaning of the provisions of Article 29 of Law No. 40 of 2007 on Limited Liability Company, which determines that the registration of the company held by the Ministry of Justice and Human Rights. The provisions of Article 29 is interpreted by many practitioners as lex specialis of Act 3 of 1982 regarding Company Registration Requirement. The reality is not so. Company registration remains to be done pursuant to Act 3 of 1982. There are no provisions that override or cancel that Act 3 of 1982 to enforce Article 29 of Law No. 40 of 2007. Each law urgency is equally important. Act 40 of 2007 for the purpose of publication, while Act 3 of 1982 is to find out information about the company, either types of business activities, locations, shares and so forth. Registration of the company is still to be done on both the ministry under the provisions of law referred to.
DISCRETION FOR MINERAL AND COAL MANAGEMENT IN THE ERA OF REGIONAL AUTONOMY AND ITS IMPLICATION IN VIEW OF ARTICLE 33 PARAGRAPH (3) OF THE 1945 CONSTITUTION Hayati, Tri
Indonesia Law Review Vol. 4, No. 2
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Abstract

Ever since the implementation of the regional governance reform era, fundamental changes have occurred in the discretion for the management of the mineral and coal mining sectors. The adoption of Law Number 22 Year 1999 led to the expansion of regional governments’ autonomy, applying autonomy in the broadest sense of the word, by focusing merely on ‘decentralization’, while disregarding the principle of de-concentration. Governmental affairs submitted based on decentralization refer to discretion by attribution, whereas de-concentration refers to discretion by delegation. Basically, all governmental affairs are submitted to the Regency and Municipality Government, except for 6 (six) matters which constitute the discretion of the central government. Discretion for the management of mining includes the discretion vested in the Regency and Municipality Government by virtue of Government Regulation Number 75 Year 2001. This implies that the concept of ‘control by the state’ (‘penguasaan negara’) as mandated in Article 33 of the 1945 Constitution of the State of the Republic of Indonesia has become degraded.
The Problems of Expert Witness in Criminal Law A'yun, Rafiqa Qurrata
Indonesia Law Review Vol. 4, No. 3
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Abstract

The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal Procedure Code (KUHAP) does not restrict the necessary knowledge, so that the expert testimony about criminal law can also become evidence. However, as one of the evidence that can punish or relieve someone, a testimony stated by an expert should be neutral and objective. This objectivity should be based on scientific arguments, not based on the interests of the party who summoned him/her. This study is descriptive analytic using normative juridical literature and empirical data. It also uses the primary data through guided in-depth interview to the judges, public prosecutors, lawyers, and criminal law experts.
Communal Land Rights of Malay People in North Sumatera: Power, State and Deulayatisasi Ikhsan, Edy
Indonesia Law Review Vol. 4, No. 3
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Abstract

This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the Malays of Deli and their ancestral lands. The said successful state laws had been so successful to keep these local natives away from their most important resource of life, namely their very lands. “Deulayatisasi” through state laws that was heavily oriented to the interests of capitalization to have seemingly been so successful to curtail the long journey of communal land rights in this country that seemed to have been pioneered by Van Vollenhoven during the early period of 20th century. The customary land law, in Indonesia, will someday become a kind of a beautiful story in the course of historiographical laws of Indonesia.
Investigator Issue in Financial Service Crime in Indonesia Wiriadinata, Wahyu, Mr.
Indonesia Law Review Vol. 4, No. 3
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Abstract

The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, who says that the goal of law is to achieve justice, and that of Hans Kelsen’s stuffen theory. The method of writing was juridical-normative, by studying legislations, both contained in laws themselves and in literatures/books of legal science, particularly those related to Financial Service Authority. The result was in a form of juridical aspect and written in a descriptive-analytical form. The conclusion of this paper was as follows: There was an overlapping of authorities between OJK’s investigators and public attorney’s investigators, police, and KPK, be they in the investigation of general crimes and that of special crimes/corruption. As for the effectiveness of OJK’s investigators, it should be proved yet in the future.
SOVEREIGN RIGHT CLAIM ON GEO STATIONARY ORBIT (GSO) Arafah, Adhy Riadhy
Indonesia Law Review Vol. 2, No. 2
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Abstract

The potency and unique characteristics of GSO for placing communication satellites located only above equatorial states makes the GSO as part of natural resources. The equatorial states realized that the use of GSO has many advantages and has implications to their national interest. However, basic principle in space law, Outer Space Treaty 1967 (Art.II), states that equatorial states forbidden to claim ownership of any part of outer space, particularly claim in sovereignty. The principle “first come first served” in placing of satellite on GSO, practically only gives the advantage to developed countries which have high satellite technology. Hence, the level of technology of a state plays important role in developing of space law internationally. The equatorial states which are mostly developing states (low and middle level in technology in outer space activities) claimed their right to use natural resources for their national interest based on equatorial position principle

Page 9 of 30 | Total Record : 296

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