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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 9 Issue 2, July 2025" : 11 Documents clear
Conscientious Avoidance: How Knowledge in the Prosecutorial System Shapes Indonesia’s Transition? Harison Citrawan; Nurrahman Aji Utomo
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.969

Abstract

The prevailing view in transitional justice studies suggests that Indonesia is experiencing a political transition without justice. In this article, we attempt to examine the conscientious avoidance of criminal prosecution of past gross human rights violation cases. Through the lens of sociology of punishment, we identify three factors that shape this current penal decision: the knowledge and domination in the penal system, the human rights-focused criminal victim protection and the welfare assistance as a symbolic reparation aimed at neutralising past atrocity crimes. This research employs a narrative approach under the discipline of socio-legal studies. This article contends that the decentralised structure of knowledge within the penal system reflects the dominance and authority in penal decisions, which consist of competing groups and interests. This complexity poses challenges at the institutional level in transforming the political motives behind past atrocities into criminal justice knowledge. The evolving nature of this knowledge within the country’s penal system indicates a future path for the prosecution of past atrocity crimes.
Application of Patent Law to Software in the IoT Context Nabeel Mahdi Althabhawi; Jeong Chun Phuoc; Zinatul Ashiqin Zainol; Zaid Abdi Alkareem Alyasseri
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.3184

Abstract

  The Internet of Things (IoT) is a promising field. It is estimated that around 75.44 billion devices will be connected by 2025. Undeniably, IoT will deeply impact the current intellectual property system. Many issues will be revisited and examined. This article addresses software patent protection in light of IoT. Software patent protection criteria are still embroiled in controversy.  The authors examine the patentability of software in general and in the IoT context in the US, EU, UK, and Malaysian legal systems to determine the appropriate protection mechanism for software that perplexes the idea-expression dichotomy as the main premise of the copyright-patent distinction. The research is a theoretical qualitative study which traces law-related articles on IoT and software patents from multiple databases such as Hein Online and LexisNexis. The study also discussed court cases related to software and computer program patents. Furthermore, it relies on an analytical discussion of statutes and legislations in the US, EU, UK, and Malaysia, concluding that there is a conflation of computer programs and software. If the two terms are interpreted precisely in accordance with their meanings, IoT software inventions will not be at the centre of the controversy about the applicability of patent law.  
Justice or Controversy? The Case for Chemical Castration in the Republic of Kosovo’s Legal Framework Alban Kryezi; Vedije Ratkoceri
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.3589

Abstract

This study evaluates a group of citizens’ attitudes in the Republic of Kosovo toward the potential inclusion of chemical castration in the Criminal Code as a punitive measure against child sexual abusers. Although chemical castration is not currently part of the Republic of Kosovo’s legal framework, growing public concern over increasing cases of child sexual abuse has brought this controversial measure into public and legal discourse. Using a survey-based methodology, the research analyses responses from a demographically diverse group, predominantly composed of young and educated individuals. The findings reveal widespread concern regarding the prevalence of sexual abuse against children. There is a high level of awareness and significant public support for chemical castration, with many respondents viewing it as an effective and preventive measure against sexual violence. However, ethical concerns related to human rights and reproductive health were also raised. Although few respondents reported direct knowledge of child victims, the study highlights several barriers to reporting such crimes, including inadequate institutional and familial support, social stigma, and prevailing conservative attitudes. Overall, the study offers valuable insights for Kosovo’s institutions to enhance their strategies in combating child sexual abuse. Understanding public opinion on chemical castration can inform the development of future legal and policy initiatives in this sensitive area.
Mapping Public Participation in EIA in Indonesia: Recommendations for an Ideal Concept Annisa Fianni Sisma; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko; Ravi Danendra
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.3607

Abstract

A quality EIA document is directly proportional to the level of public participation that influences the preparation process. However, the EIA level of public participation in Indonesia is still very low , even reduced after being amended by Law No. 32/2009 in conjunction with Law No. 6/2023, which shows that public participation has not been prioritised. Several factors influence this, including the reduction of EIA participation through Law No. 6/2023, as well as the involvement of parties and forms that are not in line with the needs of the community. This research aims to identify the level of public participation in preparing EIA in Indonesia and present ideal concepts and recommendations regarding these three aspects. This legal research uses a statutory and conceptual approach with primary and secondary legal materials (Law No. 32/2009 in Lieu of Law No. 6/2023, Government Regulation No. 22/2021 and relevant scientific works). The level of public participation in the EIA preparation process in Law No. 6/2023 tends to be lower than before because the community cannot influence the final decision; affected parties are limited; forms of participation are limited to providing suggestions, opinions and responses; and the public participation in government institutions is eliminated. Therefore, the ideal concept uses a mapping that includes the parties involved, the form, and the purpose of participation with three rationales, namely normative, substantive, and instrumental, which are briefly related to the community role, the quality of environmental decisions, and the basis of legitimacy. The government needs to develop ideal regulations for public participation in preparation for EIA based on this mapping so that the preparation of EIA is participative, transparent, equitable, and informed.
The Legitimacy Crisis of Customary Villages Under Indonesia’s Village Law Sri Wahyu Kridasakti; Rina Elsa Rizkiana; Purwaningdyah Murti Wahyuni; Ni Made Jaya Senastri; Henny Yuningsih
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.3998

Abstract

The absence of clear institutional linkages between bureaucratic villages (BVs) and customary villages (CVs) raises significant concerns regarding the legitimacy and effectiveness of their governance structures. Understanding the institutional relationship between these entities is therefore essential. This research analyses the legitimacy and legal implications of customary village regulations and investigates the disharmony between these regulations and Law Number 6 of 2014 in relation to the 1945 Constitution of the Republic of Indonesia (UUD 1945). Employing a socio-legal case study approach, this study focuses on five key sites: Gampong-Mukim in Aceh, Tosari-Tengger Village, Kanekes-Baduy, Tenganan Pegringsingan-Karangasem, and Pecatu-Badung. Legal materials were collected through document reviews and focus group discussions related to customary village governance. Findings reveal that Law Number 6 of 2014 concerning Villages fails to align with constitutional principles and shows inconsistencies when compared with regional regulations across the observed areas. Furthermore, the study identifies state intervention in customary village governance through the implementation of Law Number 6 of 2014—an approach deemed inappropriate unless such villages are fully and formally recognised. These regulatory inconsistencies and interventions undermine the legitimacy of Law Number 6 of 2014 in the context of customary village governance and threaten the autonomy and legal standing of Indonesia’s indigenous communities.
Simplifying the Multiparty System or Compromising Equality? Legal Challenges and the Current Political Landscape in Indonesia Muh. Hasrul; Farida Patittingi; Ahsan Yunus
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.4030

Abstract

Political parties play a vital role in Indonesia’s democratic system, functioning as key platforms for citizen participation and the representation of diverse interests. However, Constitutional Court Decision Number 55/PUU-XVIII/2020 introduced significant changes to the political party verification process, creating differential treatment based on previous electoral performance. This article explores the implications of this decision on the integrity of Indonesia’s multiparty system and its broader democratic framework. Employing a normative legal research methodology, the study uses a qualitative-normative approach that incorporates statutory, conceptual, and comparative analyses. It also examines Constitutional Court Decision Number 62/PUU-XXII/2024 regarding the presidential threshold, reaffirming the importance of equal and fair electoral mechanisms for all political parties. Findings indicate that exempting certain parties from factual verification undermines the constitutional principle of equal treatment and risks reducing competitiveness and inclusivity in the political system. The research proposes coalition-building mechanisms as a potential solution to preserve political diversity while adhering to the electoral threshold requirements. This study contributes a novel perspective by integrating recent Constitutional Court decisions and critically analysing their effects on Indonesia’s evolving democratic structure. It further recommends future research to assess the broader impacts of such reforms and to draw comparative insights from other democracies with consistent and equitable party verification practices.
Indonesia’s 2024 Election: Constitutional Court Perspectives on Electoral Violations A Zarkasi; Firmansyah Putra; Dinda syufradian Putra; Farhanin binti Abdullah Asuhaimi
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.4584

Abstract

In 2024, Indonesia held a historic general election in which, for the first time, presidential, vice-presidential, and legislative elections were conducted simultaneously across all regions of the country. However, the election was marred by indications of various violations that raised concerns about its integrity. This study investigates violations that occurred during Indonesia’s 2024 general elections by analysing Constitutional Court rulings on electoral disputes. Employing a qualitative case study approach supported by NVivo 12 Plus for data analysis, the research identifies key institutional actors involved in the disputes, including the General Election Commission, the Election Supervisory Body, political parties, and other stakeholders. The findings categorize electoral violations into three major types: administrative, ethical, and criminal. Administrative violations are largely attributed to procedural complexities, inadequate preparation, and limited time for implementation, leading to errors in electoral management. Ethical violations arise from misconduct by election officials and political actors, often breaching the standards outlined in the Indonesian Electoral Law. Criminal violations, the most severe, include state apparatus interference, vote-buying, and voter disenfranchisement, all of which severely compromise electoral integrity and democratic principles. These violations have resulted in significant legal consequences, such as mandated re-voting in specific regions, vote recounts, and the disqualification of candidates. The study highlights systemic weaknesses in Indonesia’s electoral governance and underscores the urgent need for institutional reforms to ensure fair, transparent, and accountable electoral processes. Ultimately, the research contributes to a deeper understanding of the challenges facing democratic consolidation in Indonesia and the legal mechanisms available to address electoral disputes.
Reverse Evidence: A Beacon of Hope for Pretrial Reform Erwin Susilo; Artha Febriansyah; Dharma Setiawan Negara; Muhammad Rafi
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.4642

Abstract

Pretrial proceedings, inspired by the Habeas Corpus principle, aim to protect individuals from arbitrary coercive measures such as suspect identification, arrest, and detention. However, in practice, the burden of proof in pretrial processes falls entirely on the applicant, who must prove a negative: the illegality of the coercive action. This burden creates significant obstacles for applicants seeking redress. To address this imbalance, this research examines the concept of Habeas Corpus, the evidentiary system of reverse onus of proof in the Indonesian legal context, and the development of an ideal evidentiary model for pretrial proceedings. Using normative juridical methods, this study finds that Habeas Corpus obliges the detaining authority to justify the legality of detention; failure to do so results in the detainee's release. Similarly, reverse evidence has been applied in corruption, money laundering, and administrative cases in Indonesian courts to address challenges in uncovering organised crimes. In pretrial contexts, applying reverse evidence protects human rights, promotes transparency, and ensures accountability in the exercise of coercive state power. This approach reflects the legal principle that individuals should not be required to prove a negative, easing the applicant’s evidentiary burden. By shifting the burden of proof to the respondent (i.e., the state or its officers), it upholds the principle of equality of arms, creating a more balanced relationship between individuals and the state. Ultimately, this enhances safeguards against abuse of authority and improves fairness in the justice system.
Combating Phoenix Activity in Bangladesh: Insights from Australian Recent Reforms Sheikh Solaiman
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.4643

Abstract

  Many businesspeople employ deceptive tactics to generate profit. Among the worst offenders are those engaged in illegal phoenixing—a deliberate scheme to evade creditors by transferring company assets be-fore the company is liquidated. The absence of robust legal safeguards against this unethical and economically harmful practice exacerbates creditors’ losses, often impacting small depositors. It is, therefore, the state’s responsibility to close legal loopholes and strengthen laws to curb phoenixing by unscrupulous corporate directors. Recognising this, Aus-tralia reinforced its corporate legal framework in 2020 by amending its corporations’ legislation to combat illegal phoenixing. The reform im-poses statutory duties on corporate officers, including directors, to pre-vent creditor-defeating dispositions and holds individuals personally liable—both criminally and civilly—for engaging in, procuring, facilitat-ing, or encouraging such asset transfers. In contrast, Bangladesh lacks specific legal prohibitions against phoenixing, despite facing a more se-vere problem than Australia. Instead of tackling corporate misconduct, regulatory efforts have primarily focused on disciplining lenders in loan approvals, leaving delinquent borrowers or indebted companies un-checked. This article primarily examines Australia’s recent anti-phoenixing reforms and proposes legal overhauls for Bangladesh to ad-dress this persistent issue. The recommendations aim to prevent fraudu-lent asset transfers, safeguard financial institutions, and hold accounta-ble culpable corporate directors and officers. The findings may also benefit other jurisdictions confronting similar challenges.
Countervailing Duties on Transnational Subsidies: WTO Review of the EU Case Against Indonesian Stainless Steel Sefriani Sefriani; Muhammad Iswan; Seguito Monteiro
Sriwijaya Law Review Volume 9 Issue 2, July 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v9i2.4745

Abstract

Transnational subsidies are financial assistance provided by a country to industries operating in another country in order to increase trade on a global scale. Transnational subsidies are used frequently in practical cooperation between countries. However, since the European Union imposed countervailing duties on products from Egypt and subsequently on Indonesian stainless-steel products, the concept of transnational subsidies has given rise to debate regarding subsidy regulations in international trade law. This research is aimed at analyzing the existence of transnational subsidy regulations under WTO regulations and the validity of applying the European Union's compensation import duty burden to stainless steel products from Indonesia which are suspected of receiving financial assistance from China through a cooperation project between the Chinese-Indonesian government. This research is research normative juridical which uses statutory, conceptual, case and philosophical approaches. The research results show that the transnational subsidy provisions regulated in the EU FSR are in accordance with the aim of prohibiting subsidies in international trade but are not recognized in the provisions of the SCM Agreement and GATT 1994.

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