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INDONESIA
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 11 Documents
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Search results for , issue "Volume 8 Issue 2, July 2024" : 11 Documents clear
The Legal Ramifications of Sexual Commodification in Trademark Usage in Indonesia Rory Jeff Akyuwen; Muchtar Anshary Hamid Labetubun; Senly Soplantila
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.2911.pp318-334

Abstract

The ownership of trademark rights is a fundamental component of industrial property rights within the broader spectrum of intellectual property law. Law Number 20 of 2016 concerning Marks and Geographical Indications, specifically Article 20, mandates that brand naming must not contravene state ideology, statutory regulations, religious morality, decency, or public order. This study seeks to critically examine and analyse trademarks deemed inappropriate because they violate existing legislative provisions. Certain trademarks utilised by business entities infringe upon societal standards of decency by engaging in sexual commodification. The research adopts a juridical-normative methodology, incorporating both legislative and conceptual frameworks. The legal materials examined include primary, secondary, and tertiary sources, which are qualitatively analysed to address the research questions. The findings reveal that sexual commodification in trademark naming, characterised by the exploitation of pornography, violates religious norms and societal decency. Therefore, such trademarks are not eligible for registration. Furthermore, any trademarks that have been registered and are found to contain elements of sexual commodification may be subject to revocation, as they conflict with state ideology, legislation, religious morality, decency, and public order.
Addressing the Challenges in Protecting Child Victims of Sexual Violence within Non-Formal Education Institutions Dani Krisnawati; Ria Restu Wikansari
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.2987.pp249-268

Abstract

In recent years, violence against women and children has markedly increased in the Special Region of Yogyakarta, Indonesia. Numerous cases underscore a significant potential for sexual violence against children, particularly those enrolled in non-formal education institutions. This pressing issue necessitates a thorough examination of current implementation practices, the identification of existing constraints, and the formulation of prospective criminal policies aimed at protecting children from sexual violence in these educational settings. This study utilises a socio-legal framework with a normative-empirical approach, drawing on data from Bantul Regency and Yogyakarta City. It also critically reviews pertinent regulatory frameworks and implementation practices within this context. Findings indicate that both preventive and repressive measures have been enacted to combat sexual violence against children, primarily through the empowerment of law enforcement officials and related government officers at the district, city, and provincial levels. However, the effectiveness of preventive measures is impeded by current regulations and prevailing social norms. Future initiatives to protect children from sexual violence in non-formal education institutions should prioritise non-penal approaches, including the enhancement and harmonisation of the Criminal Acts of Sexual Violence legislation at both national and regional levels. Furthermore, it reveals that local government agencies have yet to establish effective coordination mechanisms to promote better norms for preventing sexual violence in these institutions. Enhancing community empowerment and bolstering the coordination and roles of stakeholders will be pivotal in mitigating the stigma faced by child victims of sexual violence.
Navigating Legal Complexities in Localising the Sustainable Development Goals Agenda for Village Governance in Indonesia HS Tisnanta; Febryani Sabatira; Ria Wierma Putri; Lenilde Pereira; Desia Rakhma Banjarani
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.2997.pp335-357

Abstract

Indonesia's commitment to the global Sustainable Development Goals (SDGs) is exemplified by its Village SDGs program, which serves as a strategic pilot initiative. Nevertheless, the efficacy of the Village SDGs is contingent upon several critical factors, including resource availability, community engagement, and stakeholder collaboration. These factors present significant challenges that impede progress. Given that villages constitute 91% of Indonesia's territory, developments at this local level have profound implications for the national implementation of the SDGs. This study elucidates that persistent challenges in resource allocation and stakeholder coordination remain despite advancements in embedding the SDGs within the national legal framework. The assessment of the Village SDGs highlights local capacity disparities and underscores the necessity for enhanced support mechanisms. Integrating the SDGs within village governance necessitates tailored approaches that are sensitive to local contexts. This paper establishes a comprehensive framework for the Village SDGs roadmap within local governance to achieve the global agenda. It explores three pivotal aspects, namely the incorporation of the SDGs into the national legal framework, the evaluation of Village SDGs implementation, and the contextualisation of the SDGs within village governance. Employing a normative legal approach and secondary data sources, the research reveals significant progress while also identifying critical gaps that must be addressed to ensure the effective implementation of the Village SDGs.
Jurisdictional Disputes between Central and Local Governments in the Management of Coal Mining Hartati Hartati; Zainal Amin Ayub
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3003.pp269-285

Abstract

On June 10, 2020, President Joko Widodo ratified the amendment of Law Number 4 of 2009 to Law Number 3 of 2020 concerning Minerals and Coal, one of the substances that changed the rules of authority in granting licenses from initially located in the local government to the central government. Therefore, this study aims to analyse the issue of authority between the central government and local governments in coal mining management after the issuance of the Minerba Law in 2020. This research uses a qualitative approach using institutional data surveys as a data collection method. The collected data is analysed using descriptive analysis: data reduction, data presentation, and conclusion drawing. The findings in this study explain that in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, the authority of local governments is withdrawn to the central government, starting from Mining Business License (IUP), People's Mining License (IPR) and Special Mining Business License (IUPK), Special Mining Business License (IUPK), Rock Mining License (SIPB), Transfer Permit, Transportation and Sales Permit, Mining Service Business License (IUJP), and Sales IUP. Although all local government authorities are fully withdrawn from mining licensing, local governments can still carry out mining licensing if the central government delegates authority based on statutory provisions. This latest regulation emerged through the idea of the government together with the House of Representatives on the grounds of simplifying licensing by easing requirements to increase investment obtained by the state. However, this change makes it seem as if the government wants to return to the era of centralisation. It is contrary to the spirit of decentralisation and regional autonomy that is being embraced in Indonesia. 
Human Rights Defenders in Indonesia's Digital Age: Navigating Limited Spaces in the Quest for Digital Democracy Rahayu Rahayu; Kholis Roisah; Khansadhia Afifah Wardana; Vania Lutfi Safira Erlangga
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3860.pp358-375

Abstract

The enactment and application of the Electronic Transaction Information Law are pivotal for delineating the appropriate boundaries for exercising freedom of opinion and expression within Indonesia's digital sphere. According to reports from international digital rights research and advocacy organizations, online media journalists and human rights activists frequently encounter direct pressure and cyber harassment. This article explores the balance of freedom of expression in Indonesia's digital domain to ensure a secureenvironment for human rights defenders advocating for human rights. This study uses socio- legal methodologies to draw on data from literature reviews and in-depth interviews. It underscores the need for regulatory reforms to define prohibited hate speech explicitly. SAFENet documented 153 cyber-attacks in Indonesia in 2022, predominantly targeting civil society groups, students, activists, and journalists. Additionally, the National Committee on Human Rights reported that 52% of attacks on human rights defenders occurred in the digital realm. While the protection of digital democracy varies by nation, Indonesia must establish aninstitution responsible for properly enforcing the ITE Law alongside an independent monitoring mechanism and related policies. Such institutions, including those dedicated to human rights defenders, uphold human rights and demonstrate a commitment to the principles of freedom, respect, equality, and dignity within society.
Legal Protection for Nightclubs Female Workers in Bali Ni Nyoman Juwita Arsawati; Gde Made Swardhana; Diah Ratna Sari Hariyanto; Dewi Bunga
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3176.pp286-302

Abstract

This study aims to identify, analyse, and find the risks and legal protections for female workers at nightclubs in Badung, Bali, Indonesia. Through empirical legal research, based on the study's results, it can be found that there are many risks faced by female workers who work at nightclubs. The risks faced by female workers at nightclubs in Badung, Bali, can include health risks (physical and mental/psychological), safety risks, risks of victimisation (becoming victims of criminal acts), getting a negative prejudice from the community, being ostracised, and the risk of falling into prostitution and drug abuse. Legal protection for female workers in nightclubs has yet to be implemented optimally. Many rights and protections are owned by women who work in nightclubs, but nightclubs cannot reach them. There are still many violations of the law against female workers. Management does not provide rights for night workers in accordance with the provisions of the Manpower Act because these workers are not included in the Labor Union. The legal consequences for women workers at night entertainment sites need better legal protection, especially in the context of the labour force. Stigmatising women employees at night recreation sites as prostitution workers also weakens protection for them.Women workers do not fight for their rights because they do not have much understanding of their rights.
Adat Law as a Foundation for Advancing Indonesian Agrarian Law to Maximise Societal Welfare Firman Muntaqo; Febrian Febrian; Alip Dian Pratama
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3710.pp376-392

Abstract

The evolution of agrarian law in Indonesia, particularly land law, must adhere to the constitutional mandate of promoting the welfare of the populace. This subject is compelling because existing studies predominantly address the legal-formal dimensions of customary land law without adequately examining its practical implications for public welfare. This research investigates whether the development of Indonesian land law is in accordance with the Agrarian Law and explores how to formulate legal frameworks that mitigate land disputes and conflicts related to the utilisation of Ulayat Land for development purposes. The objective is to present alternative recommendations for resolving national agrarian law issues, often diverging from constitutional directives. Employing a normative research method, this study draws on both legal and non-legal materials through philosophical, legislative, historical, conceptual, comparative, and futuristic lenses. The findings reveal that the current development of national agrarian law does not fully align with the Agrarian Law's mandate to enhance the welfare of the Indonesian people. Therefore, this research offers alternative legislative methods aimed at producing agrarian legal instruments that more effectively promote the prosperity of the Indonesian population.
Creation of Real Servitudes through Contractual Agreement under Kosovo Law and Beyond Haxhi Gashi; Kastriote Vlahna
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.2133.pp213-229

Abstract

Real servitudes are property rights in foreigners' things (iura in re aliena), in which the titleholder uses others' property to benefit his property. This research aims to analyse the creation of the right of real servitude based on contract as legal title. The analysis specifically examines the provisions of the law of property and other real rights of Kosovo no. 57/2009 and the law on obligation relations of Kosovo no. 16/2012 that do not provide enough specification and clarifications for the content and this type of contract. The isolated analysis only in the provisions of Kosovo law is insufficient for clarification without comparison with the legislation of other countries. Therefore, the Kosovo law is compared with the civil codes of France, Austria, and Germany, aiming to identify similarities, differences, and legal concepts. The work is based on a literature review and normative, comparative, and empirical methods. The research results answer the questions related to the content, form, and type of the contract as a legal title. It shows that  Kosovo law, even though it has some similarities with the French civil code when it comes to the conditions of the valid contract, however Kosovo law differs as follows: a) the contract is not the only condition for acquiring the right of real servitude, but the registration is also needed, b) the content of contract must be based on the interaction of provisions of the law on property and the law on obligation relations, c) the same contract is obligation relationship in nature, but it also serves for the transfer of right and registration of the real servitudes. In this sense, it is concluded that Kosovo law is closer to the Austrian Civil Code and German Civil Code. However, it is not a pure German legal concept since it requires two contracts: a contract of obligation and a contract of transfer of real rights. 
Philosophical Underpinnings of Social Insurance Mechanisms within the Framework of Health Insurance Theta Murty; Sukarmi Sukarmi; Yenny Eta Widyanti; Amelia Sri Kusuma Dewi
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3665.pp303-317

Abstract

Indonesia, as a country that adheres to the concept of a welfare state, seeks to achieve social welfare development by implementing a national social security system, particularly health insurance, managed by the Health Social Security Administration Agency (BPJS). It is regulated in Article 19, paragraph 1 of Law No. 40 of 2004 concerning the National Social Security System (SJSN). The fundamental principles of social insurance include mandatory participation, equitable health coverage, and contributions proportional to income. The philosophical issue at hand is whether implementing health insurance via the social insurance mechanism effectively guarantees the interests of the community while upholding the values of welfare and justice, as prescribed by the concept of the welfare state. This paper analyses the philosophical foundation underlying social insurance as a mechanism for implementing health insurance in Indonesia. This study employs normative research methods, utilising legislation as the analytical starting point. A philosophical examination is necessary to understand why, after a decade of implementing national health insurance, the state's goal of achieving welfare and social justice in health services for Indonesian citizens remains unmet. This analysis seeks to identify new mechanisms to fulfil the goals outlined in Law No. 40 of 2004.
The Influence of Transjudicial Conversation in the Cross-fertilization of Philippine Human Rights Jurisprudence James Gregory Alcaraz Villasis; Naparat Kranrattanasuit
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3574.pp393-416

Abstract

Transjudicial conversation refers to the domestic court's judicial practice of cross-citing foreign decisions on common and shared human rights issues. Scholars have argued that this phenomenon facilitates the cross-fertilisation of rights norms and standards across territories. While this has been documented and studied in various jurisdictions, its incidence and effect in the Philippine context is yet to be fully understood. The paper thus seeks to explore the extent of such influence in the Philippine setting, specifically in the development of domestic human rights jurisprudence. In order to examine its impact, this research employs a qualitative research design. Select cases on free speech and religious exercise rights were analysed using doctrinal and content analysis approaches. These cases were purposively chosen, considering that Philippine provisions on these rights have shown close affinity with foreign constitutions. The analysis reveals that the participation of the Philippine Supreme Court in the transjudicial conversation phenomenon generally causes the cross-border fertilisation of human rights norms. Particularly, the impact of this engagement contributes to filling the gap in the domestic understanding of human rights concepts, expanding existing legal systems such as human rights and penal laws, and aligning national human rights systems with international laws. Such impacts enrich the domestic understanding of free speech and religious rights, specifically drawing bright lines between legitimate state intervention and individual enjoyment of the rights.

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