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INDONESIA
Sriwijaya Law Review
Published by Universitas Sriwijaya
ISSN : 25415298     EISSN : 25416464     DOI : 10.28946
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
 1 
Search results for , issue "Volume 10 Issue 1, January 2026" : 10 Documents clear
Synergy of Sharīʿah Fintech Regulation and Halal Tourism: Towards a Sustainable Economy Based on Islamic Law Wirdyaningsih, Wirdyaningsih; Karimah, Iffah; Fauzi, Fahrul; Syahida, Aufi Qonitatus; Zainuddin; Zakaria, Zalina
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.3643

Abstract

The synergy between Sharīʿah fintech regulation and halal tourism must be grounded in the objectives of Islamic law (maqāṣid al-sharīʿah), which prohibit usury (ribā), uncertainty (gharār), and gambling (maysir), to foster a fair, transparent, and sustainable economic ecosystem that empowers local communities. In practice, however, this synergy faces several challenges, including regulatory oversight gaps, superficial Sharīʿah compliance, cross-sectoral regulatory fragmentation, low levels of Sharīʿah financial literacy, and limited digital infrastructure. In Indonesia, Sharīʿah fintech is regulated by POJK No. 77/2016 on technology-based lending services, DSN-MUI Fatwa No. 117/2018 on Sharīʿah-compliant fintech operations, and PBI No. 19/2017 concerning fintech implementation and financial system stability. Halal tourism, meanwhile, is governed by Law No. 33/2014 on Halal Product Assurance, which mandates halal certification for goods and services, including tourism-related activities. This normative legal research employs legislative, conceptual, and analytical approaches, drawing on primary and secondary legal materials obtained through literature review and document analysis. The findings indicate that regulatory integration between Sharīʿah fintech and halal tourism is essential for promoting sustainable and inclusive economic growth. Such synergy enhances transparency, accountability, and trust, while enabling halal tourism operators to access ethical financing through instruments such as muḍārabah and mushārakah. Ultimately, this collaboration strengthens Indonesia’s national halal ecosystem, supports SMEs, enhances economic development, and increases global competitiveness in halal market.
Integrating Psychiatric Assessment in Chemical Castration Sanctions for Child Sexual Offenders in Indonesia Ohoiwutun, Y.A. Triana; Putra, Gio Arjuna; Taniady, Vicko
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4234

Abstract

Indonesian Law No. 17 of 2016 was enacted to aggravate sanctions with chemical castration sanctions for sexual offenders against children. Viewed from a psychological perspective, a paedophile can also commit this sexual crime, so it is certainly not appropriate to impose this sanction on the person found to be a paedophile. For these facts, this current study provides a solid understanding of why it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. To achieve this understanding, the data were collected from the texts of the verdicts concerning sexual crimes against children issued by the Mojokerto District Court on 2 May 2019, the Surabaya District Court on 18 November 2019, and the Sumenep District Court on 9 December 2025. The collected data were then analysed using the model developed by Miles and Huberman (1994). The result of the analysis reveals that because of the lack of involvement of the psychiatrist in the legal process of sexual crime against children, the three verdicts does not state that the perpetrators of sexual crime against children are paedophiles. Therefore, it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. From the perspective of comparative law, the involvement of psychiatrists in the implementation of chemical castration is manifested in two forms: firstly, providing opinions by considering the mental state of the Defendant (judicial process), and secondly, in the form of observation, monitoring, and post-chemical castration recommendations (as the executor of the Court's decision).
Right to Information and Anti-SLAPP on Consumer Protection in Indonesia Sauni, Herawan; Saifulloh, Putra Perdana Ahmad; Barus, Sonia Ivana; Akhmad, Akhmad; Nur, Asrul Ibrahim
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4544

Abstract

Anti-Strategic Lawsuit Against Public Participation (SLAPP) is a provision that provides legal protection to the public who fight for public interests recognisedrecognised in legislation, usually in the environmental field; however, this study examines the projection of Anti-SLAPP for consumer protection. This research is normative legal research with a legislative, case, and conceptual approach, examining legal protection for consumers when submitting reviews on social media by highlighting the freedom of opinion guaranteed by legislation. The results of this study led to a balance of rights to information, and SLAPP was implemented for the benefit of all Indonesian people to foster meaningful participation in consumer protection. This study provides suggestions to Lawmakers on issuing regulations that specifically address Anti-SLAPP. These regulations are important to protect consumers from all threats, especially criminal entanglements, and as a guide for law enforcement officers in handling SLAPP cases in Indonesia. Lawmakers can issue regulations that, in revising the Consumer Protection Law, include anti-SLAPP provisions.
Addressing School Bullying in Malaysia: Doctrinal Gaps, Legal Accountability, and Reform Imperatives Tahir, Zulazhar; Mohd Yusoff, Jal Zabdi; Jamaluddin, Siti Zaharah
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4604

Abstract

Education plays a central role in Malaysia’s aspiration to attain developed nation status, with schools functioning not only as institutions of learning but also as environments responsible for students’ physical, emotional, and psychological safety. In recent years, bullying has emerged as a serious and growing concern within Malaysian schools, reflecting a global trend. National statistics show an increase in reported bullying cases between 2021 and 2023, underscoring the urgency of effective legal and institutional responses. While not all incidents result in physical harm or death, bullying often causes significant psychological trauma, adversely affecting students’ mental health, academic performance, and long-term well-being. Perpetrators, in turn, may face disciplinary and legal consequences. From a legal standpoint, school bullying in Malaysia is addressed indirectly through a fragmented framework comprising criminal law, tort principles, child protection legislation, and internal school disciplinary mechanisms. This lack of a dedicated legal framework has created uncertainty regarding the respective duties and liabilities of schools, teachers, parents, and students, resulting in inconsistent enforcement and remedies. This article employs qualitative legal research methods, drawing on library research and content analysis of statutes, reported cases, academic literature, and parliamentary debates. It evaluates the effectiveness of the existing legal approach and doctrinally synthesises relevant pre-2025 case law. The study also adopts a comparative perspective by examining legal approaches in the United Kingdom, India, and Singapore. The findings reveal significant legal gaps and inconsistencies that undermine victim protection and effective intervention. Accordingly, the article advocates a more holistic and coherent legal framework to address school bullying within Malaysia’s education system.
Regulating Work from Home to Promote Work-Life Balance: A Comparative Legal Review of Malaysia, the UK and Australia Azmi, Ruzita; Adnan, Zurina; Che Hashim, Rosmawani; Ahmad, Siti Nur Samawati
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4771

Abstract

The traditional office-based model of employment has undergone a significant transformation as flexible working arrangements (FWAs) and remote work have become increasingly prevalent. This development has been influenced by technological progress and evolving societal expectations regarding work-life balance (WLB). In many Commonwealth countries, such as Malaysia, the COVID-19 pandemic catalysed the widespread adoption of flexible and remote work arrangements. As lockdowns and social distancing measures forced businesses to adapt, many organisations discovered the viability and effectiveness of remote work, particularly working from home (WFH). This paper aims to examine the legal framework and policies or best practices in Malaysia that promote WLB and facilitate WFH options, and to compare these policies or best practices and legal frameworks with those in developed commonwealth countries such as the UK and Australia. This paper applies doctrinal research and comparative methods. The doctrinal or library research comes from textbooks, reports and articles from law and non-law journals and reviews. Doctrinal research aims to understand the principles of law and policies dealing with FWA and WFH options. A comparative study will be employed to examine similarities and differences across situations within the same commonwealth legal system. The paper concludes that, to promote WLB and facilitate the WFH option through FWA, a comprehensive legal framework and effective policies are required, especially in Malaysia .
Reforming Contempt of Court Regulation in Indonesia: Addressing Indirect Interference and Trial by the Press Adisti, Neisa Angrum; Febrian; Mutiara Nelson, Febby
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5065

Abstract

Contempt of court refers to acts threatening the dignity, independence, and integrity of the judicial process. In Indonesia, the regulatory treatment of contempt of court remains fragmented and incomplete. Existing provisions, including those in the Criminal Code, primarily focus on direct disruptions during court proceedings, while failing to address broader, subtler forms of interference adequately. This regulatory gap contributes to legal uncertainty and inconsistent enforcement. A notable omission is the lack of clear mechanisms to regulate indirect contempt, such as trial by the press, in which excessive or prejudicial media coverage can influence public opinion, undermine the presumption of innocence, and jeopardise judicial impartiality. This research examines the urgent need for a dedicated and comprehensive legal framework governing contempt of court in Indonesia, addressing the philosophical foundations, the urgency of enacting a specific and impartial regulation, and the limited scope of indirect forms of trial by the press under Indonesia's national Criminal Code. Employing normative legal research, this study draws upon statutory analysis, conceptual exploration, and comparative legal approaches. As a result, a comprehensive contempt of court statute is urgently needed not merely to shield judicial officers from insult, but to safeguard the right to a fair trial, legal certainty, and the continuous, unhindered administration of justice as core elements of the rule of law. Such legislation should protect the integrity and authority of the courts in a way that reinforces democratic accountability and restores public confidence in the judiciary as an institution, rather than serving as a blunt instrument to silence criticism or privilege judicial dignity over systemic transparency.
Reconstructing Notarial Liability in Sale and Purchase Binding Agreements in Indonesia Sulaiman; Hasbi, Yusrizal; Muhamad Helmi Md Said; Faisal
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5078

Abstract

This study examines the professional liability of notaries for drafting Sale and Purchase Binding Agreements (PPJB) in Indonesia, which serve as preliminary contracts when a Sale and Purchase Deed (AJB) cannot yet be executed, but often give rise to legal disputes. Such disputes commonly stem from negligence in verifying the object's legality, weak application of the precautionary principle, and partiality toward one party. Using normative legal research, this study analyses primary, secondary, and tertiary legal materials using descriptive and analytical methods, drawing on statutory, conceptual, and case approaches. The findings show that notaries' professional liability in PPJB transactions rests on five core elements: compliance with positive law, application of the precautionary principle, neutrality, protection of the parties' interests, and observance of professional ethics. Establishing a causal link between notarial acts or omissions and parties' losses requires an integrated evidentiary approach that combines factual and juridical causation, particularly the doctrines of conditio sine qua non and adequate cause. Sanctions must be imposed proportionately, taking into account the degree of fault, the nature of the violation, and its impact, ranging from administrative and ethical sanctions to civil and criminal liability. The novelty of this research lies in formulating an integrative and systematic framework that connects notarial professional standards, causation doctrines, and proportional sanctions within PPJB disputes. This framework clarifies notarial accountability and strengthens preventive legal practice nationwide.
Marine Conservation in the East Sea: Legal, Political, and Economic Constraints on Vietnam’s Environmental Governance Chu Manh, Hung; Do Qui, Hoang; Vu Van, Tuan
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5104

Abstract

The study investigated the challenges and prospects of marine resource management in regions with overlapping maritime claims. It particularly focused on Vietnam’s efforts to conserve Vietnam’s East Sea. Geopolitical constraints, legal uncertainties, and economic mechanisms are the main factors that impede the effective management of maritime resources in disputed areas, as seen in the 1982 UNCLOS and regional legal regimes. This qualitative study employed a structural, analytical approach to exploit secondary resources, using case studies and literature analysis to evaluate the effectiveness of Vietnam’s policies in sustainable fisheries management, marine protected areas, and international collaborations with neighbouring countries. The results reveal that Vietnam has made progress in adopting preventive measures pursuant to the 1982 UNCLOS; however, it also faces serious challenges in implementing them, including insufficient regional cooperation, territorial disputes, and scientific uncertainties. The study underscores the urgent need for a robust legal and institutional framework to facilitate sustainable resource management across overlapping maritime claims. Therefore, the findings highlight the necessity of enhanced cooperation, stronger enforcement of legal frameworks, and greater scientific collaboration to address the conservation challenges of Vietnam’s East Sea.
Beyond Territoriality: Assessing the Effectiveness of the Madrid System for Trademark Protection in Indonesia Dharmawan, Ni Ketut Supasti; Salain, Made Suksma Prijandhini Devi; Samsithawrati, Putu Aras; Yahanan, Annalisa
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5208

Abstract

Registered trademark protection is territorial, granting legal rights only within the jurisdiction where the mark is registered. To overcome this limitation, the WIPO administers the Madrid System, which allows trademark owners to obtain protection in multiple member countries through a single international application. Indonesia has adopted this system through Law No. 20 of 2016. However, its utilisation by Indonesian trademark owners remains relatively low. This study examines the benefits of the Madrid System for Indonesian trademark owners in accessing global markets and analyses the challenges that hinder its effective use. Employing a socio-legal research method, the study finds that the Madrid System offers clear advantages, including administrative efficiency through a single application filed in one language, centralised management by WIPO, and cost savings through the payment of one set of fees in a single currency. Despite these benefits, several obstacles limit participation. These include low public awareness of international trademark registration, high registration costs that disproportionately affect micro, small, and medium enterprises, and limited English-language proficiency among applicants. A further significant concern is the risk of a "central attack," whereby the refusal or cancellation of the basic Indonesian application within the first five years may invalidate all corresponding international registrations. Additionally, weak inter-institutional coordination and the absence of measurable policy indicators undermine effective implementation. The study underscores the need for stronger government intervention to enhance national trademark registration and to improve public understanding of the strategic importance of international trademark protection.
The Implementation of Agrarian Reform for Achieving Food Security: Lessons from West Jawa Nurlinda, Ida; Karjoko, Lego; Patittingi, Farida; Mutia, An Nissa Ayu
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.5408

Abstract

Land tenure and ownership in Indonesia are marked by two interrelated structural problems: limited land availability to meet development needs and the concentration of land ownership in the hands of a small group of individuals or business entities. This concentration restricts access to land for much of the population, particularly marginal farming communities whose livelihoods depend on land cultivation. Accordingly, agrarian reform is necessary to restructure land tenure, ownership, use, and utilisation in a more equitable and sustainable manner. West Java Province, as Indonesia’s most densely populated region, faces acute challenges due to limited state land availability and a high proportion of low-income residents. In this context, agrarian reform must be treated as a development priority. This article examines agrarian reform as a regulatory and social engineering instrument aimed at achieving national development objectives, particularly food self-sufficiency and poverty alleviation, using West Java Province as a case study. The findings demonstrate that although agrarian reform in West Java has been relatively well planned and implemented, its effectiveness is constrained by insufficient budgetary support and limited involvement of Regional Government Agencies (Organisasi Perangkat Daerah/OPD), especially in the execution of access reform programmes such as economic empowerment initiatives for agrarian reform beneficiaries. The study argues that stronger institutional coordination and enhanced collaboration among OPD are essential to improve access reform and to realise food security as a central objective of agrarian reform.

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