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INDONESIA
Indonesian State Law Review (ISLRev)
ISSN : -     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev
Core Subject : Social,
Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by Department of Administrative and Constitutional Law, Faculty of Law Universitas Negeri Semarang
Articles 82 Documents
Can Crowdsourcing Revolutionize Constitutional Amendments in Indonesia? A Comparative Study of International Experiences Nggilu, Novendri; Ramdhan Kasim; Evi Noviawati; Andi Inar Sahabat; Tampubolon, Muhammad Hatta Roma
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.20618

Abstract

In the context of improving political systems and democracy, public participation in constitutional amendments has become increasingly important, but is often limited by existing mechanisms. In response to these limitations, Iceland and Estonia have implemented crowdsourcing models to engage the public in their constitutional amendment processes. This research aims to analyze the successes, challenges and potential of crowdsourcing in constitutional amendment, with a comparison between Iceland and Estonia, and its relevance for Indonesia. The findings show that while crowdsourcing has been successful in increasing public participation and transparency, significant challenges related to inequality in access to technology and the quality of public input remain. The novelty of this research lies in identifying the factors that influence the effectiveness of crowdsourcing in constitutional reform, as well as proposing an adaptation model for Indonesia that takes into account its social diversity and existing digital infrastructure. The research suggests that for the successful implementation of crowdsourcing in Indonesia's constitutional amendment, efforts are needed to create a more inclusive system and address existing digital inequalities.
Unclear Public Policy: The Real Barrier in Recognizing Foreign Arbitration Awards? Sugianto, Fajar; Athina Indradewi, Astrid; Antonius Sanjaya, Robin; Yamamoto, Atsuko
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.21448

Abstract

In Indonesia, a foreign arbitral award refers to a decision issued by an arbitration institution or arbitrator outside the country or recognized as such under Indonesian law. This classification reflects Indonesia’s adherence to the principle of territoriality in distinguishing arbitration awards as "international." However, enforcement remains contentious due to courts' broad interpretation of public policy under Article 66(c) of Law No. 30 of 1999. Despite Constitutional Court Decision No. 100/PUU-XXII/2024, the lack of a clear definition of public policy persists, leaving courts to determine its scope on a case-by-case basis. Until further regulations provide clarity, Article 66(c) will remain ambiguous and continue to be a basis for challenging foreign awards. A comparison with Singapore highlights two key findings. First, Indonesia applies a broad and inconsistent interpretation of public policy, while Singapore’s approach is narrower and more predictable. Second, Indonesian courts lack uniformity, as shown in three patterns: (1) awards are rejected for allegedly breaching sovereignty by restricting access to local courts; (2) awards are annulled for contravening Indonesian laws; and (3) awards are refused for endangering national interests. Rather than redefining international arbitration awards, Indonesia needs clearer guidelines and consistent application of public policy to enhance investor confidence and its global arbitration competitiveness.