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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 176 Documents
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Foreign Direct Investment: A Comparative Analysis between Iraq and the UAE Ghazwan Abdulhadi Alabdalrahman; Haniff Ahamat; Nabeel Mahdi Althabhawi
Sriwijaya Law Review Volume 7 Issue 2, July 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss2.2773.pp262-286

Abstract

Foreign direct investment (FDI) refers to an investment into a company or organisation through long-term or overseas expansion acquisition with the hope of forming a long-term relationship. It is a viable business tool utilised in businesses across the globe. However, in Iraq, despite the investment laws and other regulations to boost foreign direct investment, investors still need to be convinced about investing in Iraq due to several factors that might affect their investments. Many countries and some Arab countries have advanced in their FDIs, leaving Iraq behind, one of which is the UAE. Therefore, this research aims to analyse Iraqi's FDI vis-à-vis what is obtainable in the UAE to proffer effective and appropriate recommendations to be implemented to boost the Iraqi FDI for better future investments. To achieve this, the study utilised a theoretical method of review of existing literature and relevant legislations in the two jurisdictions, as well as a  comparative analysis to analyse the key areas hindering the effectiveness of the Iraqi FDI compared to what is obtainable in the UAE. It was discovered that besides the dispute resolution mechanism, corruption, poor infrastructure, unskilled labour, political instability and the financial sector, the legal framework is inadequate, incomprehensive, and discouraging to foreign investors. However, these hindrances are not prevalent in the UAE. Hence, the suggestion for Iraq to boost its political stability, social security, improve its business climate and transfer knowledge and practices from the UAE to achieve a robust FDI in Iraq in fulfilment of SDG 17.
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.
Criminal Legal Protection for Bona Fide Third Parties Over Assets in Corruption and Money Laundering Cases Arief Patramijaya
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2159.pp171-182

Abstract

Criminal law in Indonesia has yet to guarantee justice and human rights of bona fide (good faith) third parties in protecting their confiscated assets in corruption and money laundering cases. Criminal procedural law is inadequate in providing assessments for bona fide third parties. Therefore, Economics and Anthropology are needed in the investigation stage up to the evidentiary stage during trials. In this research, the main problems are formulated as follows: (1) what is the concept, definition, and scope of the assets of third parties in good faith in the laws and regulations in Indonesia? (2) how is the application of legal provisions regarding the protection of third parties with good intentions in corruption and money laundering? (3) what is the ideal role of the Public Prosecutor and Judge in protecting the property of a third party with good intentions in the criminal justice system? Normative law research conducted in this article showed that (1) the concept and understanding of bona fide third parties in civil law can be adopted in criminal law; (2) the application of legal protection to bona fide third parties over their assets in corruption and money laundering cases still depends on the moral goodness of law enforcement officials; and (3) investigators, prosecutors, and judges play an important role in protecting the human rights of bona fide third parties in corruption and money laundering cases.
The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia Siti Kunarti; Nur Putri Hidayah; Hariyanto Hariyanto; Muhammad Bahrul Ulum
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2750.pp1-19

Abstract

This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.
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.
Problematics of Inter-Regional Cooperation in Indonesia Muhammad Fauzan; Dwiyanto Indiahono; Riris Ardhanariswari
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2049.pp99-114

Abstract

This article aims to identify the problems of implementing inter-regional cooperation from the widest possible autonomy perspective. This becomes important because cooperation between regions seems to run well shortly after policies in the form of laws and government regulations are enacted. However, in regional cooperation, many problems lurk and can lead to the failure of cooperation between regions. This research is legal research using a statute approach, a conceptual approach, and a historical approach. This research method and approach are appropriate to explain the problematic phenomenon of cooperation between regions in Indonesia based on Law No. 23 of 2014 concerning Regional Government. Based on the results of preliminary research, several problems arise in the implementation of regional cooperation, especially cooperation between regions, including the following: First, cooperation between regions whose object is related to income sharing often experiences difficulties in its implementation, especially in determining the amount of income/profits for each region; Second, the emergence of regional egoism, especially in the cooperation between the Parent Region and the regions resulting from the expansion; Third, the lack of data and information about the object of cooperation that has the potential to be better if implemented through cooperation between regions that are geographically close together; Fourth, the lack of initiation to carry out cooperation between regions due to the mindset of each region to deal with internal affairs only; and Fifth, no institution/agency specifically handles inter-regional cooperation.
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.
Standardisation of Foreign Labour Investigation of Mineral Mining Company Agus Lanini; Sutarman Yodo; Ikhsan Syafiuddin; Muhammad Ahsan Samad
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2227.pp183-196

Abstract

The era of free trade, including trade in labour services, has been confirmed in the General Agreement on Trade in Services, which guarantees everyone the right to work anywhere, including in Indonesia, without discrimination while complying with Indonesian national laws. However, the entry of foreign workers raises several problems in the social and economic fields as well as security and order regarding the placement of these foreign workers. Regulation over the workers is ineffective because only a few authorities are delegated to the local government. This study aims to determine and measure the effectiveness of supervision of foreign workers by the Department of Manpower and Transmigration of the Central Sulawesi Province and to describe the supervision standards of foreign workers that already exist and should be implemented. The empirical legal research is used to examine the provisions of the supervision of foreign workers through observation, in-depth interviews, and focus group discussions. The data that have been collected are processed, classified, qualified, and then analysed qualitatively. The study found that only a few authorities regulated the duties and functions of supervision. The standard of foreign worker supervision has yet to be specifically regulated, so it still faces obstacles regarding coordination between the authorised agencies.
Mapping and Harmonizing Qanun on Sharia Financial Institutions Faisal Faisal; Jumadiah Jumadiah; Layla Tunnur; Diras Diras; Nanda Amalia
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2513.pp20-37

Abstract

Law No. 11/2006 on the Government of Aceh (Aceh Government Law) has mandated Aceh Qanun No. 11/2018 on ShariaFinancial Institutions. A thorough and integrated regulatory infrastructure must support the Qanun on Sharia Financial Institutions. The Qanun on Sharia Financial Institutions regulates that all Sharia Financial Institutions operating in Aceh must transition from the conventional to the Sharia system. However, in reality, many norms still need to be synchronised with national rules so that Sharia Financial Institutions do not run optimally. This study aims to map and harmonise legal issues and purification of Qanun on Sharia Financial Institutions in the future. The method used is normative juridical with a qualitative approach and uses secondary data. The study found that first, the mapping of Qanun on Sharia Financial Institutions still has articles that overlap and need to be more technical with the inclusion of the year that has passed. In addition, an article includes administrative sanctions that are not implemented. Then, there are ambiguous norms that cause multiple interpretations. Second, Qanun on Sharia Financial Institutions needs harmonisation with higher laws and regulations. In addition, several Governor and Regent Regulations and other technical rules are required to maximise the implementation. Third, purification is needed by revising articles that overlap with the rules above and harmonising them with national regulations in Islamic finance.
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. 

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