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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 10 Documents
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Search results for , issue "VOLUME 3 ISSUE 2, JULY 2019" : 10 Documents clear
Regulatory Issues on Raising Capital through Debentures by Public Companies in the United Kingdom Mohammad Belayet Hossain
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.252.pp111-123

Abstract

Nowadays, it is common for the loans to be aggregated as a lump sum, which is then advanced to the company by the trustees. In this situation, the lenders subscribe for debenture stock, sometimes called loan stock, out of the fund. As with shares, such stock forms part of the company’s securities, which can be traded in the Stock Exchange. The lenders might require security for their loans. In this situation, a company will charge its property to secure the loan. In light of the Companies Act 2006 of the United Kingdom, this paper will analyze the various mechanisms whereby public companies raise money through debentures and the regulatory consequences of doing so. The companies legislation requires certain particulars of the charge to be registered. Therefore, this paper aims to reflect on: (a) how public companies borrow its capital through debentures or debenture stock; (b) what types of charge the public companies could issue to lenders as security; (c) how to differentiate between fixed and floating charges. This paper will also examine the question of priority among competing creditors and inconsistent decisions of the court regarding fixed and floating charges. The objectives of this paper are to: describe the meaning of ‘debenture', discuss the dispute relating granting a fixed charge over book debts, sketch the priority of charges and the statutory listing system, describe the meaning of book debts,  explain the character of and the differences between floating and fixed charges. This paper will provide recommendations that could be taken into consideration for future amendments of the Companies Act 2006.
Legal Reasons Underlying Demonopolization by State-Owned Enterprises in Indonesia Putu Samawati Saleh
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.126.pp124-136

Abstract

Demonopolization policy towards PT. PLN (Persero) and PT. Pelindo (Persero) conducted by the Indonesian government is aimed at enhancing efficiency, the effectiveness of state-owned enterprises (SOEs), as well as global competitiveness. The rationale in determining the demonopolization policy towards the two SOEs is based on the concept of neo-liberalism market economy, which promotes efficiency and effectiveness on free market competition. The concept of neo-liberal economics is contrary to the concept of democratic economics. The concept of democratic economics based on the 1945 Constitution of the Republic of Indonesia prioritizes fair efficiency. It is the reason for the Constitutional Court to return monopoly rights to PT. PLN (Persero) as an electricity provider in Indonesia. The argue of monopoly policy or demonopolization policy of SOEs is the main problem that will be elaborated through normative research methods (documentary research) by using secondary data as the main data. Problem analysis was done by qualitative juridical through of statute approach, philosophy approach, and history of law approach. This paper provides the reason of the policy of monopoly exemption on SOEs business activities, as well as the foundation of SOEs demonopolization policy taking into consideration the constitutional basis of Article 33 of the 1945 Constitution. The concept of demonopolization of SOEs is a new one that has never been described in the Indonesian literature. As a result, the demonopolization of SOEs does not divert SOEs into private companies but rather attempts to present competitors to SOEs to be able to compete in fair competition. In another side monopoly of SOEs can be implemented towards managing important production branches that control the livelihoods of many people. It is evidence of the state’s role in ensuring the welfare of its people.
The Impact of the Development of Trade Practices on Enforcement of International Environmental Law Birkah Latif; Syamsuddin Muhammad Noor; Juajir Sumardi; Irwansyah Irwansyah
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.226.pp137-151

Abstract

The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.
The Urgency of Presidential Policy to Revitalize and Maintain the Existence of Cooperatives Based on Pancasila Seno Wibowo Gumbira; I Gusti Ayu Ketut Rachmi Handayani; Kukuh Tejomurti Tedjomurti
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.289.pp199-224

Abstract

The article aims to examines how the role of the President of the Republic of Indonesia as the head of state as well as the head of government through its policies and legal products. It is because the President has a role in creating a conducive atmosphere in the economic sector especially in revitalizing and maintaining the existence of a Cooperative as Indonesia's economic pillar based on Pancasila to face the wave of the liberal economy in the era of globalization. This situation occurs, perhaps, due to the lack of confidence and understanding of the Pancasila as a social philosophy. This problem can be observed by several phenomena occurring in the community such as the malignant and violent settlement of problems resolution in a social, political, cultural, legal, and religious system. This study applies normative methods with a statute approach. As a result, it can be concluded that a legal product comes from the 1945 Constitution to the Presidential legal products, namely government regulation and presidential instruction will have an implication to the objective and the result whether it is good or bad.
The Admissibility of Scientific Expert Evidence Under Indonesian Criminal Justice System Wanodyo Sulistyani
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.215.pp152-161

Abstract

In many cases, such as corruption and forestry-related crimes, an expert has a significant role in explaining the impact of the crime. For instance, scientific expert evidence is required to disclose about the ecological destruction that occurred due to the defendant's criminal activities. In practices, the issue with scientific expert evidence is supposed to be about its admissibility in court. For this issue, the U.S. Court applies Rules of Evidence in considering the admissibility of scientific expert evidence at trial. Those are some requirements (prong test) to be met before expert testimony is admissible. In contrast, the Indonesian Criminal Procedural Law (KUHAP) or other laws do not set any prong test for presenting specialist scientific evidence to be acceptable. Lack of such proof may impact criminal justice process reliability and place expert under vulnerable position. Therefore, this paper will explore the issue on scientific expert evidence under Indonesian criminal law as well as its consequences and impacts for the Indonesian criminal justice process.
The Importance of Applying the Membership Value Toward Savings and Loans Cooperatives in Indonesia Ayup Suran Ningsih; Duhita Driyah Suprapti; Nurul Fibrianti
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.235.pp225-234

Abstract

Cooperative Loans and Savings (KSP) is a business entity that having an essential role as an alternative capital fund which is faster and based on the Membership Principle. According to Law No 25 the Year 1992 concerning Cooperatives states that Cooperatives in Indonesia should operate under the Membership Principle. Cooperatives have social characteristics in the form of prioritizing mutual benefits and interests rather than personal interests and benefits. Thus, cooperatives must become the spearhead of the national economy by collecting and distributing funds. However, the reality, there are still numerous frauds in the process of collecting and distributing funds to raise the deposit and also the high interest and the high late charge. The problem appeared is how the actual management of cooperatives loans and savings to carry out their duties and functions. This research is also dealt with the extent of supervision, which is mandated by the law. KSP needs a proper procedural of supervision for their organization. The Financial Services Authority (OJK) is expected to work together with the Ministry of Cooperative and SMEs Office to supervise Cooperative Loans and Savings because it is found that many injustices have been fallen debtors and it is urgent to revise the law and make KSP is under OJK's supervision. The objective of this research is to examine the management of Cooperative Loans and Savings in Indonesia. The other aim of this research is to provide recommendation and consideration for the Indonesian government to strengthen the supervision of Cooperative Loans and Savings under OJK because there is malpractice regarding the term of interest in KSP. The research method used in this article is the statute method, which is supported by an empirical juridical approach in KSP Mitra Usaha Perkasa
Warehouse Receipt System Regulation in Indonesia: Is It Beneficial for Small Farmer? Khoirul Hidayah; Iffaty Nasyi’ah; Jundiani Jundiani
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.292.pp162-175

Abstract

The regulation of Warehouse Receipt System (WRS) in Indonesia written in The Law No. 9 of 2011 concerning Amendment of WRS is expected to be useful and to facilitate farmers of WRS. However, in its practice, WRS in Indonesia was not yet able to improve the credit amount of banking with warehouse receipt as a guarantee. Malang Regency is one of the potential areas of farming products in East Java and once built WRS in 2012, so it is interesting to make this area as a research object in terms of reviewing WRS regulation in Indonesia. The issue is whether the purpose of establishing the law on WRS gave advantage and credit expediency, particularly for small farmers. This article is empirical legal research with a socio-juridical approach by describing the implementation of farm credit through WRS, describing the farmers’ utilization of WRS in Malang Regency, then, analyzing it using regulation of warehouse receipt in Indonesia and the theory of legal effectiveness. Overall evaluation of WRS in the mentioned area shows that some parties, such as farmers, unit cooperation village, and local government, are at a loss. The evaluation result of WRS regulation implementation cannot realize the goals of the law on WRS; those are giving easy, affordable, and fast access to farmers in getting capital. The WRS cannot give advantage for small farmers. The policy of WRS in Indonesia has not yet been able to help farmers to challenge the competition in the free-trading market through ASEAN Economic Community. The researchers suggest that the WRS regulation must be made and integrated with farmer’s policy so it can give advantage for small farmers.
Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas Olusola Babatunde Adegbite; Oreoluwa Omotayo Oduniyi; Jubril Akinwunmi Farinde
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.281.pp235-252

Abstract

At the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. As a result, it seems to be that the concept of "separation" is not going well and tends to fuse the function of executive and legislative institutions. In this situation, the principle is in a dilemma. This paper further offers a flicker of hope by pointing to the fact that all hopes do not appear lost, as the Judiciary still maintains some level of ‘separateness,' except that only time will tell as to how much this lasts.
Budget Supervision and Mechanism by an Administrative Village in Indonesia Roy Marthen Moonti; Ibrahim Ahmad
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.213.pp176-186

Abstract

The role of government in budget management is something that must be done adequately based on the principles such as transparency, accountability, participation, and aspiration; because it is closely related to services in the village. The budget management should be conducted based on the applicable regulations. However, there are often found many village apparatus who has a potency to abuse their power in its authorities. This phenomenon, furthermore, causing some polemics among peoples and tends to abandon some regulations which should become a basis of the apparatus policies. The research aims at investigating the mechanism of village development budget management and the control of village development budget management. The mechanism, however, should be started with proper planning, budgeting, implementation, business manager, report, and accountability. Also, management control is must be done through several stages, such as pre supervision, channelization, use, and post channelization.
Does Judge Has Ex Officio Rights In determining Mut’ah and Iddah? Sri Turatmiyah; Muhammad Syaifuddin; Annalisa Yahanan; Febrian Febrian; Arfianna Novera
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.249.pp187-198

Abstract

The research aims to analyze the factors why the Religious Court judges do not use their ex officio rights in divorce lawsuits. In divorce case, the defendant who does not have any knowledge about divorce laws generally does not ask for mut'ah and iddah to the plaintiff.  The question of this research is what factors caused the judges of Religious Court in South Sumatera, especially Palembang and Kayuagung do not exercise the ex officio rights in determining the quality of mut'ah and iddah due to divorce. This research used normative juridical method with empirical juridical through statute approach and case approach. The results show that during 2017 the Religious Court of Palembang used only once its ex officio rightwhile the Religious Court of Kayuagung did it three times. The reasons are: the judges grant only the petitum of the petitioner solely for the reason that the defendant party does not file a counter-claim, in which judge’s reasoning is based on Article 178 paragraph (3) HIR/189 paragraph (3) RBG that the judge is prohibited from giving a verdict which is more than being petitioned known as the ultra petitum partium, the wife's side as the defendant never attended the hearing, the wife never gave an answer or response to the argument in the application of the plaintiff, the wife was not present in the verdict (verstek), the wife of nusyuz, (does not do her duties as wife) the husband is economically insufficient, the wife does not want to demand the maintenance of mut'ah and iddah, the judge sees the causality. This study suggests that judges should exercise their ex officio rights and give advice as well sufficient information to the wife in order to fulfill her rights and interests as the result of the divorce.

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