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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 16 Documents
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Search results for , issue "Volume 4 Issue 2, July 2020" : 16 Documents clear
The Challenges of Prosecuting Maritime Pirates Wan Siti Adibah Wan Dahalan; Anati Binti Kisahi; Subasny Sevanathan; Muhammad Nasir
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.615.pp%p

Abstract

Maritime piracy has always posed a constant threat to the peace and security of maritime navigation. The rise of acts of piracy is found to have been caused by several crucial factors such as geographical factor, weak law enforcement, maritime insecurity, economic dislocation and cultural acceptability. Nevertheless, due to the lack of consistency and uniformity on the definition of piracy under international law as well as on the imposition of penalty or punishment for such acts, together with the lack of domestic laws on maritime piracy and the reluctance of States to prosecute maritime pirates, these have also contributed to the emergence and increase of such acts. Additionally, as a result, challenges are faced in prosecuting the captured maritime pirates, for instance, the drafting of the charges against the perpetrators, jurisdictional issues, political concerns and technical issues which may lead a State to drop the charges and releasing the perpetrators. Notwithstanding this, some States that do not have a specific legislation on piracy, such as Malaysia, had successfully tried and punished maritime pirates under their own domestic criminal laws. Accordingly, in order to face these challenges and to gradually eradicate the acts of piracy, it is suggested, amongst others, for the uniformity on the definition of piracy under international law, legal guidelines under the United Nations Convention on the Law of the Sea (UNCLOS) on the prosecution and imposition of punishment against maritime pirates and for States to increase their cooperation in combating acts of piracy via bilateral and multilateral treaties.
Ratio Legis of Chemical Castration to the Perpetrators of Sexual Violence against Children Henny Yuningsih
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.652.pp285-303

Abstract

The government responds to the increasing number of cases of sexual crimes against children by legalizing Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection. This regulation emphasises on increasing the severity of criminal sanctions and the imposition of an additional penalty for perpetrators of sexual violence against children. It is effective to give deterrent effects, to prevent future crimes, and to provide rehabilitation. Furthermore, Government Regulation in Lieu of Law No. 1 of 2016 has been amended into Law No. 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection into Law. The juridical foundation will be used as a legal basis for the new law, namely the Draft Bill concerning amendments to Law No. 23 of 2002 concerning Child Protection. Cases of sexual violence against children are increasing, threatening children's strategic role as the nation's future. Hence, the state needs to increase the severity of criminal sanctions and to take action against perpetrators of sexual violence against children
The Fulfilment of Right to Education for Persons with Disabilities: A Challenge in a Border Area Yahya Ahmad Zein; Arif Rohman; Dewi Nurvianti
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.402.pp%p

Abstract

This study discusses the right to education policy for Persons With Disabilities (PwDs) In Border Area of Nunukan-Indonesia. This research aims to find out whether the legal regulation on human rights for with disabilities provided by the Indonesian government is appropriate or not and to find out whether the government of Nunukan District also provided some policies in handling a person with disabilities, in particular, their right to education. This research used a normative legal method, which complemented with field research. As a result, in order to fulfil human rights for PwDs, the Indonesian government was stipulated plenty of national laws, namely National Education System Law, the Protection of Children Law, and individually regulated by Law No. 8 of 2016 on Persons with Disabilities. Also, the most crucial factor is that the Nunukan District has not been set up the local regulation pertaining to PwDs. Only several policies are stipulated to overcome the right to education problems, but it does not enough to ensure the correct implementation of this right in the field.
Deradicalisation to Combat Terrorism: Indonesia and Thailand Cases Sumarwoto Sumarwoto; Mahmutarrom Mahmutarrom; Ifrani Ifrani
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.232.pp%p

Abstract

Terrorism is a human-made disaster, which is usually in the form of organised crime. In prevention, terrorism cannot be done only through legal approaches alone but covers all aspects of society. While eradication aimed at combating terrorism, uncovering and addressing criminal cases and perpetrators of terror in the form of the establishment of the measures included in the crime of terror, handling, ranging up to the judicial investigation and threatened sanctions to perpetrators of terror. The method used is doctrinal with the statute approach, the conceptual approach, the historical approach, and the philosophical approach. The result shows that deradicalisation in Indonesia is carried out by BNPT for terrorists, families and sympathisers, while counter-radicalisation is carried out for the general public to increase the deterrent power of radical terrorism. In comparison, Thailand used the application of a curriculum in education as the concept of deradicalisation
The Death Sentence for Covid-19 Financial Fraud Perpetrators Nelvitia Purba; Muhammad Arif Sahlepi; Sri Sulistyawati
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.628.pp%p

Abstract

Coronavirus pandemic 2019-2020 or known as Covid-19, which spread throughout the world, including Indonesia, has caused casualties and disrupted the economy. Various attempts were made by the government to overcome the increasingly massive impact of the spread of Covid-19. One of them is by issuing the Government Regulations in Lieu of Laws No. 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic. Regarding this assistance provided by the government, it is miserable to have allowed the occurrence of criminal acts of corruption committed by government officials and their instruments. The purpose of this paper is to pay attention to the handling and eradication of corruption of Covid-19 Pandemic aid funds. The method used in this paper is to analyze data qualitatively in relation to this research which is a normative juridical type. The data used are primary and secondary data obtained through the search of legislation and materials related to the issues raised. As a result, this article argues that when there have never been cases of corruption whose actors have been sentenced to death in a normal situation, it might be possible for the misuse of the Covid-19 pandemic aid funds can be sentenced to death.
Philosophy to Strengthen Baitul Maal wat Tamwil Law in Indonesia Erisa Ardika Prasada; Joni Emirzon; KN. Sofyan Hasan
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.418.pp270-284

Abstract

Baitul Maal wat Tamwil (BMT) is a non bank financial institution that operates based on sharia principles. As an alternative financial institution, BMT can support the acceleration of national economic growth, but BMT was established and developed with a gradual process of legal legality. BMT status is determined by the number of assets owned, the BMT has a different legal status according to the stages of the number of assets, and is subject to various and partial laws in accordance with the stage of legal status. The purpose of writing is to explain the philosophical basis of the need for legal entities and the formulation of legal norms of BMT as a legal strengthening of populist economic institutions in Indonesia. This type of legal research is normative legal research on legal principles and legal systematics. Based on the discussion it was concluded that the philosophical basis of the need for legal entities and the formulation of legal norms regarding BMT in Indonesia as a legal strengthening is for legal certainty so that can provide recognition, protection, and facilities for the development and benefits of BMTs for micro and small entrepreneurs who do not receive financing services from bank financial institution.

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