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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 12 Documents
 1   2 
Search results for , issue "Volume 9 Issue 1, January 2025" : 12 Documents clear
Enhancing Consumer Protection in Electronic Transactions in Indonesia Rosidah, Zaidah Nur; Karjoko, Lego
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3942.pp194-207

Abstract

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective.
Legislative Controls for Disciplinary Penalties Imposed on Public Servants: A Comparative Analysis of Jordanian and French Legal Frameworks Al-Billeh, Tareq
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.2777.pp137-156

Abstract

This study examines the legislative framework governing disciplinary penalties imposed on public servants under the Jordanian Civil Service Regulation of 2020 and the French General Civil Service Law of 2021. It seeks to analyze the concept of disciplinary punishment, its legal nature, and the fundamental principles that regulate its application within public administration. Additionally, the research explores the extent of judicial oversight exercised by administrative courts over disciplinary sanctions, ensuring compliance with legal and procedural safeguards. By adopting a comparative approach, the study highlights both the similarities and differences between the Jordanian and French legal systems concerning the imposition of disciplinary penalties and the mechanisms of judicial review applicable to such measures. The findings underscore that while administrative authorities possess discretionary power in selecting disciplinary measures, this discretion must be exercised within the confines of legality, adhering to the principle of proportionality. The study emphasizes that excessive or disproportionate penalties risk judicial intervention, reinforcing the necessity for fair and reasoned decision-making. Furthermore, the research concludes that disciplinary sanctions should be proportionate to the severity of the infraction, with administrative bodies ensuring a clear and precise definition of violations and their circumstances. This clarity facilitates effective judicial oversight and prevents arbitrary or overly punitive disciplinary measures, thus maintaining a balance between administrative authority and legal accountability.
Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia Febriani, Indah; Safa’at, Rachmad; Istislam, Istislam; Qurbani, Indah Dwi
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.4261.pp95-113

Abstract

This article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communities by enabling their participation in oil well operations through Village Unit Cooperatives (KUD) and Regionally Owned Business Entities (BUMD). Employing a socio-legal approach, this study conceptualizes law as a functional social institution and investigates its application in three sub-districts in Musi Banyuasin Regency, South Sumatra Province. The findings reveal that the regulation is ineffective due to its complex permit requirements, which are perceived as a significant obstacle by local communities, thereby impeding its objectives. Moreover, the regulation lacks explicit legal provisions to address community welfare by exploiting old oil wells. To address these shortcomings, the study recommends revising the regulation to simplify licensing procedures and include explicit provisions that promote community welfare. Additionally, it emphasizes the need for policy instruments, such as legal assistance, mentoring, technical and non-technical guidance, and continuous supervision, to support community-led mining activities. These measures are essential to ensure that the operation of old oil wells contributes meaningfully to the welfare of local communities, aligning with the regulation's intended goals.
Looking at The Civil Suits and Court Cases Under the Justice Against Sponsors of Terrorism Act: Why it Fails? Alheji, Ali Ibrahim; Ismail, Shahrul Mizan
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3128.pp%p

Abstract

Terrorism remains a persistent and significant global threat, with far-reaching consequences for world peace and stability. The September 11, 2001 attacks marked a pivotal moment in the fight against terrorism, prompting governments and international organizations to adopt new strategies to counter this threat. In response to these tragic events, the United States enacted the Justice Against Sponsors of Terrorism Act (JASTA), a legislative framework designed to allow victims of terrorism to seek compensation from state sponsors of terrorism. While JASTA reflects a commitment to holding individuals and nations accountable for supporting terrorism, it has sparked controversy, with critics arguing that it undermines the principle of sovereign immunity, while others view it as a crucial tool for combating terrorism. This study examines the legal and procedural implications of JASTA, focusing on the challenges of bringing civil actions under this law. Through a literature-based research approach, the study explores anti-terrorism laws, relevant case law, and the practical obstacles of pursuing legal claims under JASTA. The findings highlight the legal complexities and political considerations involved in holding state sponsors accountable, emphasizing the need for a balanced approach that upholds international law and diplomacy while ensuring justice for terrorism victims. This research contributes to ongoing discussions on refining strategies to combat state-sponsored terrorism and offers recommendations for potential legislative reforms to enhance the effectiveness of JASTA in achieving justice.
The Right to Bail in Extradition Proceedings: Malaysia’s Criminal Law Perspective Masri, Faizul Aswad; Nordin, Rohaida; Md Said, Muhamad Helmi
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3914.pp1-21

Abstract

This article delves into the issue of bail pending extradition in Malaysia. It adopts a doctrinal legal research methodology, focusing on analysing legislation and court decisions to objectively understand how current laws and practices determine bail applications within the context of Malaysian extradition law. The study reveals that Malaysia's Extradition Act 1992 does not explicitly provide for bail pending extradition, except under limited circumstances. Malaysian courts have utilised section 44 of the Extradition Act 1992 to apply bail provisions from the Criminal Procedure Code. The study finds that Malaysian courts adopt a cautious approach when determining bail applications in extradition cases. However, this judicial approach presents challenges, particularly in extradition cases involving offences governed by specific statutes other than the Criminal Procedure Code. The findings suggest that the reliance on section 44 should be re-evaluated to address these challenges. The article concludes by recommending further research to assess the need for an explicit and comprehensive provision for bail in the Extradition Act 1992 to ensure legal consistency and a uniform application across all types of offences.
Navigating Legal Barriers: The Impact of Foreign Subsidies Regulation on Chinese SOEs in EU Public Procurement Si, Tongle
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3048.pp114-136

Abstract

The EU Foreign Subsidies Regulation (FSR), effective from July 2023, aims to create a level playing field in the EU internal market by addressing concerns about non-EU companies gaining unfair advantages through subsidies from their home countries. By granting the European Commission extensive investigative powers, particularly in public procurement and mergers, the FSR aims to ensure fair competition and fill regulatory gaps in the EU’s existing legal framework. However, the regulation’s impact on the participation of non-EU companies in the EU public procurement market remains insufficiently explained. This article examines the impact of the FSR on non-EU companies, focusing on its effects on public procurement, especially case studies from the Commission’s investigations into two Chinese state-owned enterprises (SOEs). It offers a detailed interpretation of the FSR’s rules on foreign subsidies in the context of EU public procurement from both procedural and substantive perspectives. Additionally, the article provides practical recommendations for non-EU companies seeking to navigate the FSR's requirements and minimise its negative impacts while maintaining their participation in EU public procurement markets.
Homo Machina: Italian Perspectives on Drone Warfare within International Humanitarian and Human Rights Law Calzolari, Fabio; Phantanaboon, Wipa
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3199.pp22-48

Abstract

The rise of unmanned aerial vehicles (UAVs) poses substantial challenges to international legal frameworks governing armed conflicts, particularly in balancing sovereignty and human rights. This paper examines the influence of military technology on jus ad bellum, focusing on territorial sovereignty under Article 2(4) of the UN Charter and self-defence under Article 51. It also evaluates compliance with jus in bello, or international humanitarian law (IHL), including the principles of distinction, proportionality, and necessity. Moreover, it documents the views of thirty Italians on UAVs through online qualitative interviews. The arguments are based on posthumanism, which helps define a new anthropological view that is decentralised and deconstructed. Precisely, the philosophy recognises the increasingly narrow differences between humans and non-humans, men and machines. Thematic Analysis drives the investigation of patterns within the data set, offering a flexible yet rigorous approach to personal insights. Outcomes reveal that UAVs enable many military achievements but endanger society. Participants viewed their use outside war zones as both illegal and morally indefensible, expressing concerns over the dehumanisation inherent in remote targeting. They argued that engaging with suspected terrorists without judicial oversight might violate due process. Hence, they stressed the importance of more nuanced national and international regulatory mechanisms. 
Legal Consequences of Designating Cultivation Rights as Abandoned Land in the Context of Credit Collateral Objects Elmadiantini, Elmadiantini; Febrian, Febrian; Yahanan, Annalisa; Muntaqo, Firman
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.4029.pp157-172

Abstract

Land rights under the Cultivation Rights Title (HGU) can serve as collateral in credit agreements through the imposition of a mortgage right. However, legal challenges arise when the status of HGU land as collateral changes, particularly due to its designation as abandoned land by the Indonesian Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). Such status changes have significant legal implications for credit agreements, mortgage rights, and the economic value of collateralized land. This study analyses the legal framework governing the determination of abandoned land status, examining statutory regulations and their impact on credit agreements and collateral objects. Employing a normative legal research methodology, the study utilises statutory analysis, conceptual exploration, and interpretative approaches to assess the legal consequences of such status changes. The findings reveal that the designation of land as abandoned results in the termination of cultivation rights and the extinguishment of mortgage rights. While the credit agreement itself remains legally binding, the loss of economic value in the collateral renders it non-executable, leading to financial losses for both creditors and debtors. To address these legal uncertainties, the study recommends amendments to the regulatory framework governing abandoned land to enhance legal certainty, ensure fairness, and provide adequate protection for both creditors and debtors.
Constitutional Protection of Cultural Heritage in Indonesia: The Role of Museums in Preserving National Identity and Public Welfare Ristawati, Rosa; Salman, Radian; Fitriany, Shafyra Amalia; Taskesen, Suat
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3348.pp49-70

Abstract

Cultural heritage is a fundamental asset in promoting cultural diversity and facilitating access to education, social values, science, technology, and tourism. Museums play a pivotal role in preserving cultural heritage and fulfilling constitutional obligations, as enshrined in the Indonesian Constitution. Protecting cultural heritage is essential for maintaining national identity and upholding citizens' constitutional rights, particularly in education and cultural participation. This study analyses the constitutional framework and government policies related to cultural heritage protection, with a specific focus on museums in Indonesia. Employing a statute-based and comparative approach, the research examines constitutional provisions such as Article 18B(1) of the Indonesian Constitution, which mandates the state’s responsibility to preserve cultural heritage and safeguard indigenous communities' rights. Despite this constitutional obligation, challenges such as limited financial resources, inadequate maintenance, and institutional constraints hinder the effective operation of museums. The findings emphasize that strengthening museums is not only necessary for heritage conservation but also for fostering national and local values that define Indonesia’s constitutional identity. The study argues that the government must implement more comprehensive policies and allocate sufficient resources to enhance museums’ role in cultural preservation, ensuring their sustained contribution to public welfare and national development.
Third-Party Litigation Funding: Legal Feasibility and Insights from Australia, the UK, and the US for Expanding Access to Justice in Indonesia Herliana, Herliana
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3444.pp173-193

Abstract

Access to justice is often hindered by financial constraints, preventing plaintiffs from pursuing legal claims. Third-Party Litigation Funding (TPLF) offers a potential solution by allowing external funders to finance litigation in exchange for a share of any awarded damages or settlement. By covering litigation costs, TPLF enables financially disadvantaged plaintiffs to seek legal redress, making it a crucial mechanism for expanding access to justice. However, unregulated TPLF poses risks, including the encouragement of frivolous claims, ethical concerns, and profit-driven motivations that may override legal merit. Indonesia currently lacks specific regulations governing TPLF, raising questions about its legal permissibility and practical implementation. This study examines TPLF frameworks in Australia, the United Kingdom, and the United States to derive insights that may inform the development of TPLF practices in Indonesia. Utilizing a normative legal research methodology based on secondary data, the study explores the opportunities and challenges of introducing TPLF into the Indonesian legal system. The findings indicate that while TPLF can be legally accepted in Indonesia, its application should be restricted to cases with broad public interest, such as environmental and consumer litigation. Furthermore, Indonesia’s ongoing efforts to enhance access to justice and the absence of explicit legal prohibitions present opportunities for the regulated adoption of TPLF. This research contributes to the discourse on litigation funding by providing recommendations for policymakers, legal practitioners, and stakeholders in shaping a fair and regulated TPLF framework in Indonesia.

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