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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 176 Documents
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Indonesia's Mineral Export Prohibition and Legality of Export Duties Under the GATT Rules Bani Adam; Haniff Ahamat
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1661.pp239-253

Abstract

The development of electric vehicles has been becoming a global trend to tackle worsening air pollution. The rich mineral country desires to reduce greenhouse gas (GHG) through transportation transformation by building a domestic-based battery vehicle industry. The policy resulted in importing export restrictions on nickel ore and bauxite by the Indonesian government. However, the measures are inconsistent with Article XI.1 of the GATT rules, which forbid imposing restrictions on the global market. There are cases in WTO DSB deciding that export restrictions infringe the provision, such as in China – Raw Materials (DS394) and China – Rare Earth (DS431) cases. In such cases, adjudicators also do not justify the imposition of export duties for the members. Meanwhile, Article XI.1 does not prohibit the imposition of export duties as another option to impose export restraints. The Indonesian authority could apply the measures. This Article analyses Indonesia's justification for imposing export control through the GATT rules. The research is conducted based on a normative juridical approach in which the sources come from the rules of GATT and its DSB decision to analyse the extent to which the measures are allowed to take into force for the member regarding the GATT provisions. The Article finds that Indonesia may be justified in the imposition of export duties to control the export of both raw materials. Article XI.1 of GATT justifies the original and accepted members to impose the duties measures as there are unclear provisions on export prohibition, which means Indonesia could enforce the charge of duties implicitly.
Declarative System in Preventing the Criminalisation of Indigenous People for Adat Rights Conflicts in Indonesia Cita Yustisia Serfiyani; Ari Purwadi; Ardhiwinda Kusumaputra
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1359.pp254-267

Abstract

The existence of indigenous peoples as entities was born before the independence of the Republic of Indonesia. However, it is still disturbed by criminalisation by law enforcement officials for legal actions of indigenous peoples on their Adat lands whose Adat rights were transferred to other parties. Various regulations related to indigenous peoples already exist, and the Bill on Indigenous Peoples is not satisfying in preventing cases of criminalisation against indigenous peoples. It is because there is no adjustment in several crucial aspects, such as the nature of the recognition of indigenous people, protection of Adat lands and the application of criminal sanctions to achieve legal harmonisation in preventing the criminalisation of indigenous peoples. Synchronisation has not yet been realised between the substance of the legal rules related to indigenous peoples at the national level and the draft Bill on Indigenous Peoples with regional technical regulations at the sectoral level.This research uses statute and conceptual approaches to analyse legal norms, legal concepts, and legal principles related to indigenous people in Indonesia. As a result, it is believed that the protection of indigenous people's existence should be provided through a declarative system, not a constitutive system. It is also necessary to eliminate criminal sanctions against indigenous peoples in some related legal products according to the characteristics of indigenous peoples to stop the criminalisation of indigenous peoples and expand legal assistance for indigenous peoples in the context of implementing the law.
Legal Policy of Old Wells Petroleum Mining Management Based on Social Justice in Realising Energy Sovereignty Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Willy Naresta Hanum
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1745.pp286-303

Abstract

Indonesia has the potential for oil from old wells of 10,000 barrels per day, but this potential is not optimally regulated. Hence, its management cannot realise social justice. This research aims to provide a prescription for the distribution of benefits and public participation in managing petroleum in old wells because all provisions for old wells do not accommodate the public interest. This research uses normative legal research utilising a statutory, conceptual, and case approach to analyse the regulation policy related to old wells management. Data were collected by investigating primer and seconder legal material. The results show that the distribution of benefits related to profit-sharing for oil management services at old wells did not reflect justice. Thus, it is causing a lot of illegal mining activities. Moreover, public participation in determining policies is still at the pseudo participation (informing level). Therefore the actual participation has not been accommodated in related regulations of old wells management.
Chronic Disease of State Corporatism in Indonesian Village Government Sri Wahyu Kridasakti; Mohamad Fadli; Abdul Madjid; Chanif Nurcholis
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.403.pp304-318

Abstract

The institutional regulation of the Indonesian village government from the Dutch colonial era (1906) until the Reform Era has practically shown controversy of pros and cons. Through correct regulation, the village should be able to prosper. However, the applied regulation as a tool of social engineering during the inter-period has failed to bring the village to prosper. The legal gaps are whether the applied state-corporatism norms on Indonesia village regulation have met the principles of good local governance. This study aims to provide corrections to the heresy of legal construction of the village regulations. This legal method of study was a nomological type with a statute approach. The technical analysis used was content analysis. The results showed that the legality of the village government status, which is state-corporatism containing in norms of the provision of Number 1, Number 2, Number 7, Article 6 paragraph (1), Article 6 paragraph (1) of the Law 6/2014 is not synchronous vertically to the 1945 Constitution. The results of the legitimacy study also revealed that Articles 12, 19, 19 (b)(c)(d), 69 of Law 6/2014 concerning the Authority and Changes of the Status of Urban Villages (Gesellschaft) into Common-Village (gemeinschaft) implies horizontal disharmony to the Law 30/2014 concerning Government Administration. Therefore Law 6/2014 needs to be revoked and replaced with an organic law derived from Articles 18, 18A and 18B of the 1945 Indonesia Constitution.
The Role of Human Rights and Customary Law to Prevent Early Childhood Marriage in Indonesia Anak Agung Istri Ari Atu Dewi; Ni Ketut Supasti Dharmawan; Anak Agung Istri Eka Krisnayanti; Putu Aras Samsithawrati; I Gede Agus Kurniawan
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1885.pp268-285

Abstract

Preventing early childhood marriage (ECM) can protect children’s rights from the perspective of human rights. There are several rules regarding the age limit for marriage. In Indonesia, the minimum age for marriage is nineteen years. However, in fact, early child marriage is still relatively high, with the seventh highest ranking in the world. This study aims to elaborate on the rights of children, which ECM potentially violates, and to identify who is responsible for minimizing and/or combating this phenomenon. This normative legal research with a human rights approach occurs in the childhood protection context. The results show that ECM has implications for violations against the right to life, the right to education, the right to develop, and the right to health. Thus, more stringently applying international and national law and combining with local wisdom (Balinese Customary Law) in protecting children's rights in the context of preventing ECM can prevent ECM effectively and minimize violations of other children's rights. Moreover, it is believed that the responsibility to reduce and combat ECM not only belongs to the government but also to all stakeholders within the community, such as families, academics, the media, non-profit organizations, entrepreneurs, and customary.
Hong Kong Security Law 2020: Between State Sovereignty and Breach of Treaty Ken Bagus Setya Dharma; Aktieva Tri Tjitrawati
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1516.pp350-366

Abstract

In 1984 the People's Republic of China (PRC) and the United Kingdom (UK) signed an international agreement to hand over Hong Kong to the PRC on the condition that it be granted a high level of autonomy, except in the field of defence and cooperation with foreign powers. In 2020, PRC Government issued the 2020 Hong Kong Security Law, which contains restrictions on political rights for the people of Hong Kong. This provision will automatically lead to discourse in international law, whether the HKSL 2020 is a manifestation of the implementation of PRC's legal sovereignty or violates the Sino-British Joint Declaration 1984 as a treaty which contains requirements for the transfer of Hong Kong. This article is intended to examine these problems using a normative, historical and conceptual approach. As a result, even though PRC has sovereignty to implement its national law in the territory, the authority must be placed within the limits of compliance with international law. Non-compliance with international treaties will lead to consequences of internationally wrongful acts as a breach of the treaty.
The Standing of the Regional People's Representative Council Secretariat in Indonesia Febrian Febrian
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1869.pp367-381

Abstract

Indonesia's constitutional system has a clear separation between the judiciary, the legislature and the executive. Likewise, its functions have clear boundaries regulated in the legislation. However, in practice, there is an institution that has two institutional responsibilities simultaneously, namely the Regional People's Representative Council (DPRD) secretariat. Legally, the DPRD secretariat led by the DPRD secretary has responsibilities to the executive, in this case, the governor or regent on the one hand and the DPRD leadership as a legislative body on the other. This generally occurs in Indonesia, where the DPRD secretariat institutional system is regulated through regulations issued by the executive. This study uses a statute approach with a normative juridical method that examines legal products related to the secretariat of the DPRD in Indonesia. As a result, it is believed that the DPRD secretariat institutional system, which is regulated through executive products, violates the higher regulation. Therefore, a fundamental change to the executive legal product is crucial to maintaining the DPRD secretariat's impartiality in carrying out its duties and authorities.
Challenges of Indonesian Halal Industry in the Digital Economic Era KN. Sofyan Hasan; Taroman Pasyah
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.869.pp319-335

Abstract

Food is the most important basic human need, and its fulfilment is part of the human rights of every Indonesian people. Food must always be available in a sufficient, safe, quality, nutritious, varied manner at a price that is affordable by people's purchasing power and is halal given the religion and beliefs of the community, especially Muslims. The awareness of Muslim consumers in Indonesia regarding halal products continues to increase. However, there are interesting facts about the current pattern of fast food and beverages consumption due to technological advances in today's digital economy. This article examines the challenges of the Indonesian halal industry in the digital economy era. The method used in this study is a juridical or normative approach, such as an approach to legislation and literature relevant to the halal industry. As a result, the law on halal product guarantees emphasises that the challenge for the Indonesian halal industry in this digital economy era is the obligation of halal certification for all food and beverage products. Unfortunately, the regulation is not serious enough to be enforced by the government because it is not supported by the ease and low cost of making a halal certification, coupled with a lack of public awareness. So the halal industry in the form of fast food and beverages in Indonesia, especially in today's digital economy, is still difficult to obtain. Thus, to obtain a halal food and beverage industry in this digital economy era, the alternative is that there must be a special institution that issues and supervises halal certification of food and beverage products that will circulate in the community and synergise with the government.
The Romanticism of Alcoholic Beverage Regulation in Indonesia: Evidence of Legal Uncertainty? Martin Roestamy; Adi Rahmanur Ibnu
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1239.pp336-349

Abstract

Legal provisions regarding alcoholic beverages are a complex issue in Indonesia. Therefore, this relates to several aspects, ranging from health or adverse and destructive impacts, halal and haram, to investment-related economic factors. However, to date, no law in Indonesia explicitly regulates alcoholic beverages. The formation of the existing Bill on Alcoholic Drinks must consider all aspects, whether social, cultural, economic, political, or religious. In addition, drafting the Alcoholic Drinks Bill must involve all elements of society comprehensively. This article aims to conduct a legal analysis of the legal policy of regulating alcoholic beverages in Indonesia. The analysis is carried out on the applicable positive law (ius constitutum) and legal policies to regulate alcoholic beverages in the future (ius constituendum). The Normative Legal Research Method is used to analyse the legal system of alcoholic beverages in Indonesia, which shows the uncertainty of management, control, and supervision. This impacts the conflict of interest between investment and the moral life of the Indonesian people. As a result, this study recommends that lawmakers reform the alcoholic beverage law in Indonesia by paying attention to Pancasila as the basis of the nation's philosophy. For this reason, integrated regulation and supervision of alcoholic beverages are needed, and law is urgently needed to unify the overlapping and diverse regulations regarding alcoholic beverages.
Indonesian Cryptocurrencies Legislative Readiness: Lessons from the United States Hanif Nur Widhiyanti; Safinaz Mohd Hussein; Ranitya Ganindha
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2138.pp150-172

Abstract

Cryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule” and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change.

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