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Sriwijaya Law Review
Published by Universitas Sriwijaya
ISSN : -     EISSN : -     DOI : -
Core Subject : Science, Social,
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice
The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal law, constitutional law, administrative law, and international law
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "VOLUME 2, ISSUE 1, JANUARY 2018" : 8 Documents clear
Legitimacy as a Precondition for the Recognition of New Governments: A Case of Libya Hamed Hasyemi Saugheh; Rohaida Nordin
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.111.pp69-81

Abstract

Recognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the States in providing recognition to a new government follow their own benefits and privileges and rarely consider the structure, capacity and public support for the new government. If the rule of law and respecting democracy is going to be means of promoting peace and security is various areas of the world, is not it time to redefine the traditional concepts of international law (included of recognition of new States and government) from a new perspective? Considering the fact that, the existence of a legitimate authority in a group enhances the effective functioning of that group and reduces the internal conflicts, it seems that it is time to expand the political concept of legitimacy of the authorities into the international law. Is there any State practice to support the argument? In this article, the existence of norm creating forces and role of legitimacy in the recognition of the Libyan Transitional Government is going to be analysed. The After studying the role of legitimacy of the Libyan NTC in passing the sovereignty from the past regime to the new government by the international community, the effect of lack of legitimacy on the previous regime will be examined and the question of withdrawing of recognition of governments will be addressed.
Inability of Protecting Diplomats: Problems of Afghanistan and Conflict Countries Ananda Kurniawan Sukarmaji; Arie Afriansyah
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.108.pp18-44

Abstract

This article discusses the protection of diplomats and state responsibility of physical suffering of diplomats in conflict countries, especially in Afghanistan using juridical normative methodology. This concern has to be discussed because there are a lot of attacks and physical harms suffered by the diplomats, especially in armed-conflict countries. This article analyzes the practices of protection of diplomats in some conflict countries and explain the conventions that include protection of diplomats as a part of the conventions. Thus, conflict countries are more tendentious than non-conflict countries in terms of numbers of attacks and physical harms suf-fered by diplomats. Therefore, this article analyzes the conflict country and categorizes the terms and conditions in the conflict countries. After looking into the pattern of protection of dip-lomats in some countries, this article analyzes the response shown by the receiving and sending state. There is also a discussion of the attacked diplomat cases in Afghanistan and the responses issued by the related parties. Then, protection of the diplomats and state responsibility are ana-lyzed based on the related doctrine and conventions. Changes in protection of diplomats in Af-ghanistan should be done and Afghanistan should be more concerned about this matter and based on the diplomatic convention, sending state could file a dispute settlement to an arbitrary organ and International Court of Justice to claim state responsibility. Based on the conventions and doctrine related, Afghanistan could be charged as the full responsible party
Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective) Dian Purnama Anugerah; Masitoh Indriani
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.112.pp82-92

Abstract

The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, connected objects, etc. The use of big data and those new technologies create new opportunities for these sectors, and this development also raises significant data protection concerns. This paper discusses two legal issues of Fin-tech, the legal aspect, and the data protection.
Prevention of Child Marriage Age in the Perspective of Human Rights Rudyanti Dorotea Tobing
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.107.pp1-17

Abstract

One of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights.
Legal Perspective of Using Philanthropy Approach for Low Income Household in Accessing Sufficient House in Indonesia Efridani Lubis; Astriana Sinaga
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.113.pp93-109

Abstract

By 2016, the backlog for housing is estimated around 13,8 million units. With the need growth 5% per year approximately, Indonesian people need 1 million houses per year. Adding to the number of backlog, it is around 1,55 million houses should be provided every year in order to meet the need in the year 2030. The number is based on the ability to pay in general of Indonesian people, which is with the price for sufficient house estimated to be 135 million rupiahs. This means low income household is out of consideration, therefore this group cannot afford the house whatsoever. In order to narrower the gap, the Government of Indonesia has built „One Million Houses Program‟ which has composition 70% for low income household. However, the program has not optimal yet. From the data from the Public Work and Housing Ministry, it is only 80% of the 1 million houses targeted that can be achieved; and from this 80%, only 569.382 units or 70,72% for the low income household. With this trend, it is difficult for the low income household to access sufficient houses in turn. The solution for this can be two alternatives: (1) the Government provide affordable houses for the group, or (2) increasing the ability to pay of the group. The alternative (1) could be difficult due to the limited budget of the Government. The possible answer is to increase the ability of the low income households, so that they can access houses either under subsides scheme from the Government or developers. In doing so, the main problem is to collect or acquire the funding for accessing the house. Using various regulations and policies that could make possible for low income households to receive the money, such as corporate social responsibility, zakat, or even philanthropy activities in Indonesia, the burden could be lessen. The importance of giving the low income households opportunity to access sufficient house is a notion that a sufficient housing can be a strategic toll for improving citizen life which becomes a background argument in the Law No. 1 of 2011 of Housing.
The Indonesian Constitutional System in the Post Amendement of the 1945 Constitution Zen Zen Zanibar
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.109.pp45-55

Abstract

The 1945 Constitution of the Republic of Indonesia was amended for four times between 1999 and 2002) in the reformation era. These constitutional changes have altered the principles and the structure of the Indonesian primary state‟s institutions. Broadly speaking, all of the power branches – i.e. legislative, executive and judiciary organs– are now interrelated horizontally in running the country and none of them is superior to the others. Such constitu-tional system is generally found in countries that employ a presidential system. However, by reviewing the authority hold by the legislatures, it is found that some characteristics of a parlia-mentary system are also applied in Indonesia
Indonesia’s Traditional Knowledge Documentation in Intellectual Property Rights’ Perspective Dwi Tiara Kurnilasari; Annalisa Yahanan; Rohani Abdul Rahim
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.114.pp110-130

Abstract

Indonesia is a fertile place for traditional knowledge with more than 300 ethnical group inhabitants. Therefore, it is not surprising to know that Indonesia has the enormous potential of tradi-tional knowledge. However, Indonesia is still has some problems in legal framework to protect it. The research applies doctrinal research method. The problems that will be discussed in this article is what type of traditional knowledge documentation system that used in Indonesia and how it is performed in order to protect traditional knowledge. There are few goals from this research which are to find out about Indonesia's traditional knowledge documentation system and to compare it with other countries that also use documentation as the protection method. As a result, traditional knowledge documenta-tion system used in Indonesia is external registries which are done by parties outside the indigenous communities (Government, Academist, and NGO) and the information about traditional knowledge is placed in public domain. Even though it has not perfectly documented like India's Traditional Knowl-edge Digital Library, Indonesia has documented few of its traditional knowledge such as Songket pat-tern that belongs to South Sumatera. It could be summarized that traditional knowledge documenta-tion has a vital role as one of the most practical methods to perform traditional knowledge protection. In order to protect traditional knowledge, these documented activities need to be enhanced so it could give the financial benefit to indigenous communities as its owner.
Reconstruction the Paradigm of Law and Justice on the Regulation of Right to Living Space of the Orang Rimba Tribe in Bukit Duabelas, Jambi Province Muhamad Erwin
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.110.pp56-68

Abstract

The dominance of the positivism law paradigm in the management of forest areas at Bukit Duabelas in Jambi Province has created a crisis for the rights of a living space of Orang Rimba’s tribe. Therefore, this requires further thoughts of the pattern of values and norms to be expansive with an emphasis on a quantity leading to a pattern of systemic values and norms em-phasizing the quality of humanist and ecological aspects which complement and maintain each other. This article explores the paradigm of state law and customary law on the regulation of the rights to a living space of Orang Rimba’s tribe, nomadic groups of people who live in wildwood, as well as ways of reconstructing it to fit the spirit of Pancasila

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