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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 11 Documents
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Search results for , issue "volume 10 issue 2, july 2026" : 11 Documents clear
Public Support for Plea-Bargaining in Serious Economic Crimes in Indonesia: Compatibility of Current and Modified Plea-Bargaining Models Febby Mutiara Nelson; Pricilla Amelinda Jacob; Haykal Hafizul Arifin
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.4951

Abstract

The incorporation of plea bargaining into Indonesia’s Criminal Procedure Code has generated debate regarding its suitability for serious economic crimes. While existing discussions have primarily focused on its compatibility with Indonesian criminal procedure, empirical research examining public attitudes toward plea bargaining in Indonesia remains limited. Using survey data collected through non-probability sampling, the study compares public support for the conventional criminal justice system, restorative justice approaches, the restricted and a modified plea bargaining models. The findings demonstrate that respondents expressed greater support for the modified plea-bargaining model than for other mechanisms. Grounded in Cognitive Continuum Theory, the findings demonstrate that support for plea bargaining is shaped by the quasi-rational mode of cognition, whereby individuals rely on both moral evaluations of punishment and rational assessments of whether the punishment is proportionate to the offender’s actions and their impact on victims.
Rethinking Indonesia’s Legislative Drafting Style: Codification, Omnibus Legislation, and the Limits of the Guide of Legislation Fitriani Ahlan Sjarif; Efraim Jordi Kastanya; Aditya Wahyu Saputro
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5093

Abstract

Indonesia's legislative drafting framework requires all laws and regulations to comply with the Guide of Legislation because non-compliance may result in judicial invalidation. Although legislative drafting is expected to adhere to these formal standards, recent codification and omnibus law-making have introduced new drafting techniques that are not expressly accommodated within the existing framework. Despite extensive discussion of codification and omnibus legislation, limited attention has been paid to their compatibility with Indonesia's legislative drafting rules and the consequences for legal certainty and legislative validity. This article examines whether the 2023 Penal Code and the Job Creation Law conform to the drafting standards outlined in Law Number 12 of 2011 and explores the implications of any deviations. The study employs doctrinal legal research, using statutory and case analyses of the 2023 Penal Code, the Job Creation Law, and relevant legislative drafting principles. The findings reveal that both legislative models create tensions with the prescribed drafting framework. The Penal Code departs from the required structure of general provisions, while omnibus legislation obscures amendment history and adopts purposive naming that may diminish legislative transparency. The article argues that every legislative drafting innovation should first be formally institutionalised within the Guide of Legislation before its implementation to safeguard clarity, legal certainty, and the constitutional validity of enacted laws.
Women's Underrepresentation in Iraqi Parliamentary Committees: A Constitutional Analysis of Equality and Parliamentary Representation Esraa Alsamee
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5114

Abstract

Despite the constitutional guarantees of equality and women’s political participation under the Iraqi Constitution, women remain underrepresented in parliamentary committees, particularly in influential committees responsible for legislative oversight and policymaking. This article examines whether the legal framework governing committee formation effectively implements the constitutional principles of equality and representative democracy. The study adopts a doctrinal legal methodology, supported by comparative legal analysis, examining the Iraqi Constitution, the Rules of Procedure of the Council of Representatives, relevant national legislation, and applicable international legal instruments, particularly the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The analysis indicates that constitutional guarantees of parliamentary representation have not consistently translated into substantive participation in parliamentary committees. The findings suggest that existing committee allocation procedures, together with political party practices and the absence of binding legal criteria, restrict women's access to influential committees and may weaken the effective realisation of constitutional equality. The article argues that electoral quotas alone are insufficient to ensure substantive constitutional equality. It concludes that strengthening the legal framework governing committee membership, together with transparent allocation procedures and institutional safeguards, would better support women's effective participation in parliamentary decision-making.
Regulating “Pick One of Two” Practices in the Platform Economy: A Comparative Competition Law Analysis of Thailand and China Nengjie Jiang; Pornchai Wisuttisak
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5395

Abstract

The rapid growth of food delivery platforms has made "Pick One of Two" practices a key issue in competition law enforcement. While both China and Thailand regulate "Pick One of Two" practices under their respective competition laws, the central challenge lies not in whether such practices should be regulated but in how competition authorities should determine whether they constitute competition law infringements. Drawing on the post-Chicago School as its theoretical perspective, this article examines the shortcomings of Thailand's competition law framework in determining the legality of "Pick One of Two" practices and explores how China's enforcement experience may inform improvements to Thailand's legal regime. The study adopts a doctrinal legal research method combining comparative legal analysis and case studies. It finds that Thailand's Trade Competition Act (TCA) suffers from deficiencies in determining market dominance, defining market power, distinguishing between the two concepts, and evaluating the competitive nature of "Pick One of Two" practices. In practice, the Trade Competition Commission of Thailand (TCCT) places excessive emphasis on market share while paying insufficient attention to network, lock-in, and competitive effects in the platform economy. This article proposes refining the legal criteria for determining market dominance, clarifying the relationship between market dominance and market power , and adopting an effects-based approach in enforcement.
The Nature of Licensing Centralisation under the Job Creation Law in Indonesia: Consequences of Regional Autonomy and Fiscal Capacity Iskatrinah Iskatrinah; Hariyanto Hariyanto; Esti Ningrum; M Gholibudin Zuhaermanto
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5554

Abstract

This article discusses the constitutionality and implications of concentrating licensing authority into a single state control, following Indonesia’s Job Creation Law. Created primarily to simplify business licensing processes through the Online Single Submission Risk-Based Approach (OSS-RBA), the reform also transfers considerable authority over many aspects of licensing from regional governments to the national level. The ensuing study, therefore, questions whether this transformation is consistent with the Constitution’s promise of regional self-determination–and how it will affect regional fiscal capacity. Using a doctrinal legal approach and a quantitative comparative fiscal panel design, the article examines the 1945 Constitution (as amended), the Job Creation Law, Regional Governance Law No. 23 of 2014, relevant Constitutional Court decisions, and PAD data for all 38 Indonesian provinces for 2023–2025. These results imply a conceptual and doctrinal tension: licensing centralisation takes regional responsibility nearly beyond the regional sphere of authority. At the aggregate level, empirical results showed that provincial PAD rose between 2023 and 2025. In Papua and West Papua, meanwhile, the declines look at least as plausibly attributable to the 2022 redistricting of Papua as to the centralisation of licensing. The regional response, as noted in the Cilacap vignette, also varies across contexts depending on fiscal pressure in local areas. In the end, the piece holds that licensing centralisation is not solely an administrative enhancement but rather a constitutional issue that calls for regulatory harmonisation, meaningful local participatory development, and appropriate financial safeguards in Indonesia.
Structural Inequality in International Trade Law: Colonial Legacies and Indonesia’s Legal-Policy Responses Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti; Muhammad Annas
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5659

Abstract

  Legacies of colonialism remain deeply embedded in the architecture of contemporary international trade, particularly for developing nations such as Indonesia. The legal and institutional framework governing global commerce, largely shaped during the colonial period, continues to generate inequalities in market access, regulatory standards, and participation in global value chains. Indonesia, in particular, continues to grapple with persistent reliance on raw commodity exports, protectionist barriers imposed by advanced economies, and the outsized influence of multinational corporations within key economic sectors. This paper explores how these historical colonial patterns continue to shape Indonesia's contemporary trade policy, alongside the measures the country has adopted to address them—most notably its industrial downstreaming agenda, active engagement in regional and multilateral trade frameworks, and ongoing attempts to renegotiate trade arrangements on more favorable terms. The analysis further situates Indonesia's experience alongside comparable efforts by other developing economies, including Vietnam, Brazil, and South Africa, to confront similar structural constraints. Existing scholarship has generally treated the colonial roots of trade inequality and the domestic policy responses of developing states as separate lines of inquiry, leaving limited systematic connection between historical structural legacies and present-day measures like downstreaming, while cross-country comparisons remain scarce. This study addresses that gap by combining a historical-colonial lens with comparative policy analysis, offering a novel framework linking colonial-era trade structures to the effectiveness of downstreaming and economic diplomacy under current global trade governance underscoring the need for proactive diplomacy and stronger South-South cooperation toward a fairer trading system.
Optimising Telemedicine: Can it fulfil the right to healthcare in Indonesia? Helena Primadianti Sulistyaningrum; Putu Samawati
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5722

Abstract

Telemedicine, an innovation in information technology-based healthcare services, has emerged as a solution to address the challenges of equitable and high-quality healthcare access. However, many challenges and obstacles still hinder the provision of telemedicine to the public. This study will examine two main points in addressing these challenges and obstacles: the sustainable benefits of telemedicine in fulfilling the right to health and the ideal legal reconstruction governing it. The legal issues analysed concern the lack of comprehensive regulations and the need for a clear legal framework to protect patient rights, ensure data security, and provide service certainty. The method employed is normative research, incorporating literature reviews and regulatory analysis, as well as ethical and legal concepts related to telemedicine. The analysis results indicate that telemedicine provides sustainable benefits through improved access to healthcare services, cost efficiency, and enhanced service quality and patient satisfaction, thereby fulfilling the right to health. However, without a strong legal foundation, telemedicine practices can pose significant legal risks, particularly regarding malpractice and data protection. Therefore, an ideal legal framework is needed to regulate aspects of the doctor-patient relationship, rights and obligations, data protection, and independent oversight mechanisms. Telemedicine is a solution and innovation that offers sustainable benefits in supporting the effective fulfilment of the right to health, provided it is accompanied by adequate legal protection to ensure justice, certainty, usefulness, safety, and quality in digital healthcare services.
Greenwashing and Sustainable Consumption in India: A Socio-legal Study of Consumer Perception, Behaviour, and the Legal Enforcement Gap Pooja Devi; Shikha Sharma
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5872

Abstract

Sustainable marketing has reshaped recent consumption behaviours. As global awareness of green living grows, businesses are gradually promoting the “green badge" to coincide with consumer values and the Sustainable Development Goals (SDGs). This eco trend has given rise to greenwashing, an unfair trade practice that deceives consumers about a product or service's environmental benefits, undermining consumer loyalty and decision-making. The present study empirically investigates the rising consumer awareness and the limited enforcement capacity, compounded by procedural complexities, that undermine consumer participation. A mixed-methods approach has been used to analyse descriptive statistics, cross-tabulations, and qualitative responses by theme to understand consumer awareness, purchasing behaviour, experiences of greenwashing, and enforcement of legal rights. In the present study, researchers have focused on and elaborated on two factors -age-group and Income-group of the consumer to understand the gap between awareness and enforcement of legal rights. The results show that a majority of respondents (87%) are aware of the concepts of green consumption and greenwashing, but this awareness does not translate into legal action against greenwashing. The study adds to the existing literature on consumer behaviour by empirically demonstrating the awareness-action paradox in the context of sustainability and the key role of regulatory and procedural barriers in mediating consumer behaviour in the marketplace.
From China to the Dutch East Indies: Colonial Opium Control and Indonesian Narcotics Law Andri Winjaya Laksana
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5940

Abstract

This study examines the historical foundations of Indonesian narcotics law without assuming a direct causal line from the British opium trade in China to Law No. 35 of 2009. The problem is the tendency of legal-historical accounts to treat China and Indonesia as equivalent colonial experiences and omit the stages through which international drug control was received in the Dutch East Indies and post-independence Indonesia. Using doctrinal legal research, legal history, and conceptual analysis, the study develops a connected-history framework that distinguishes origin, transmission, colonial reception, and domestic adaptation. The findings show that British intervention in China functioned as an international catalyst by exposing the conflict between commercial power, regulatory sovereignty, and public health. The 1909 Shanghai Opium Commission and the 1912 International Opium Convention converted that controversy into multilateral control techniques, while the Dutch Opiumregie supplied the more direct administrative link to Indonesian territory. Indonesia’s punitive orientation cannot therefore be attributed solely to Britain or China; it also reflects later United Nations conventions, post-independence legislation, enforcement practices, and national policy choices. Continuity is strongest at the functional level—classification, licensing, surveillance, and penal control rather than as an unbroken transfer of identical legal rules. The article proposes a differentiated enforcement model that preserves firm sanctions for organized trafficking while making assessment, medical and social rehabilitation, and reintegration the primary response for addicts and victims of abuse, particularly young people. Its novelty lies in a four-stage transmission model that clarifies the relevance and limits of colonial genealogy for reforming Indonesian narcotics law.
Countering Marginalisation: A Collaborative Governance Model for Regu-lating Indigenous Peoples’ Land Rights Based on Local Wisdom Iwan Permadi; Diah Pawestri Maharani; Ashabul Kahfi Ly Aby; Rina Yulianti; Cuikitalia Cuikitalia; Pipit Tunjungsari
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5951

Abstract

Before Indonesian independence, Mandar people in Mamuju Regency used kumah (shifting farming) to obtain land. Customary domains overlap with protected forest areas encompassing 60–70% of the regency, and their land rights are unrecognised. The 2025–2045 Mamuju RPJPD designates ancestral lands, including Rimuku, Tadui, and Bambu, as strategic zones for the region's Nusantara Capital support city, worsening the issue. This paper examines the legal status of customary land in these vital zones, explains how land-rights neglect marginalises the Mandar people, and proposes a collaborative governance approach grounded in Mandar local wisdom to preserve their land rights. The socio-legal approach that combines normative analysis of land regulations with empirical data from Focus Group Discussions and questionnaires with academics, the National Land Agency (BPN), and the Mandar community finds that marginalisation occurs systematically through three mechanisms: stagnant implementation of regional regulations in customary-law communities without a Regent's response. The study recommends a collaborative governance model that integrates Mandar values of sipakatau (mutual humanisation), sipakalebbi (mutual respect), sisallang (deliberation for consensus), and sipakaingge (mutual reminding) with accelerated recognition of customary land rights.

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