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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 186 Documents
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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.
Protecting the Right to Clean Water: Legal Challenges and Solutions for River Pollution in Kurdistan Ali, Hiwa Rashid; Rahim, Asmar Abdul; Anuar, Haslinda Mohd
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.Iss1.1644.pp71-94

Abstract

Access to clean water is a fundamental human right recognised by the United Nations. However, in Iraq, particularly in the Kurdistan region, this right is under significant threat due to severe pollution and contamination of rivers. While the Iraqi Constitution and environmental laws indirectly acknowledge the right to clean water, the legal and institutional framework for river protection remains inadequate. This study focuses on the Tanjero River as a case study to assess Iraq's legal framework and enforcement mechanisms for water resource protection. This study identifies critical gaps in legislation and enforcement through a qualitative and socio-legal methodology, including interviews and analysis of relevant laws such as Law No. 8 (2008) for Environmental Protection and Improvement. The findings reveal that the Tanjero River's pollution is primarily caused by mismanagement of water resources, insufficient legislation, weak enforcement, lack of coordination, and inadequate infrastructure. The Kurdistan Regional Government must prioritise sustainable water resource management, establish a comprehensive legal framework, and implement rigorous enforcement measures to address these issues. These steps are essential to safeguarding the right to clean water, protecting public health, and promoting sustainable development in the region.
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.pp208-233

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.
Synergy of Sharīʿah Fintech Regulation and Halal Tourism: Towards a Sustainable Economy Based on Islamic Law Wirdyaningsih, Wirdyaningsih; Karimah, Iffah; Fauzi, Fahrul; Syahida, Aufi Qonitatus; Zainuddin; Zakaria, Zalina
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.3643

Abstract

The synergy between Sharīʿah fintech regulation and halal tourism must be grounded in the objectives of Islamic law (maqāṣid al-sharīʿah), which prohibit usury (ribā), uncertainty (gharār), and gambling (maysir), to foster a fair, transparent, and sustainable economic ecosystem that empowers local communities. In practice, however, this synergy faces several challenges, including regulatory oversight gaps, superficial Sharīʿah compliance, cross-sectoral regulatory fragmentation, low levels of Sharīʿah financial literacy, and limited digital infrastructure. In Indonesia, Sharīʿah fintech is regulated by POJK No. 77/2016 on technology-based lending services, DSN-MUI Fatwa No. 117/2018 on Sharīʿah-compliant fintech operations, and PBI No. 19/2017 concerning fintech implementation and financial system stability. Halal tourism, meanwhile, is governed by Law No. 33/2014 on Halal Product Assurance, which mandates halal certification for goods and services, including tourism-related activities. This normative legal research employs legislative, conceptual, and analytical approaches, drawing on primary and secondary legal materials obtained through literature review and document analysis. The findings indicate that regulatory integration between Sharīʿah fintech and halal tourism is essential for promoting sustainable and inclusive economic growth. Such synergy enhances transparency, accountability, and trust, while enabling halal tourism operators to access ethical financing through instruments such as muḍārabah and mushārakah. Ultimately, this collaboration strengthens Indonesia’s national halal ecosystem, supports SMEs, enhances economic development, and increases global competitiveness in halal market.
Integrating Psychiatric Assessment in Chemical Castration Sanctions for Child Sexual Offenders in Indonesia Ohoiwutun, Y.A. Triana; Putra, Gio Arjuna; Taniady, Vicko
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4234

Abstract

Indonesian Law No. 17 of 2016 was enacted to aggravate sanctions with chemical castration sanctions for sexual offenders against children. Viewed from a psychological perspective, a paedophile can also commit this sexual crime, so it is certainly not appropriate to impose this sanction on the person found to be a paedophile. For these facts, this current study provides a solid understanding of why it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. To achieve this understanding, the data were collected from the texts of the verdicts concerning sexual crimes against children issued by the Mojokerto District Court on 2 May 2019, the Surabaya District Court on 18 November 2019, and the Sumenep District Court on 9 December 2025. The collected data were then analysed using the model developed by Miles and Huberman (1994). The result of the analysis reveals that because of the lack of involvement of the psychiatrist in the legal process of sexual crime against children, the three verdicts does not state that the perpetrators of sexual crime against children are paedophiles. Therefore, it is necessary to involve the psychiatrist in the legal process of sexual crimes against children. From the perspective of comparative law, the involvement of psychiatrists in the implementation of chemical castration is manifested in two forms: firstly, providing opinions by considering the mental state of the Defendant (judicial process), and secondly, in the form of observation, monitoring, and post-chemical castration recommendations (as the executor of the Court's decision).
Right to Information and Anti-SLAPP on Consumer Protection in Indonesia Sauni, Herawan; Saifulloh, Putra Perdana Ahmad; Barus, Sonia Ivana; Akhmad, Akhmad; Nur, Asrul Ibrahim
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4544

Abstract

Anti-Strategic Lawsuit Against Public Participation (SLAPP) is a provision that provides legal protection to the public who fight for public interests recognisedrecognised in legislation, usually in the environmental field; however, this study examines the projection of Anti-SLAPP for consumer protection. This research is normative legal research with a legislative, case, and conceptual approach, examining legal protection for consumers when submitting reviews on social media by highlighting the freedom of opinion guaranteed by legislation. The results of this study led to a balance of rights to information, and SLAPP was implemented for the benefit of all Indonesian people to foster meaningful participation in consumer protection. This study provides suggestions to Lawmakers on issuing regulations that specifically address Anti-SLAPP. These regulations are important to protect consumers from all threats, especially criminal entanglements, and as a guide for law enforcement officers in handling SLAPP cases in Indonesia. Lawmakers can issue regulations that, in revising the Consumer Protection Law, include anti-SLAPP provisions.
Addressing School Bullying in Malaysia: Doctrinal Gaps, Legal Accountability, and Reform Imperatives Tahir, Zulazhar; Mohd Yusoff, Jal Zabdi; Jamaluddin, Siti Zaharah
Sriwijaya Law Review Volume 10 Issue 1, January 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i1.4604

Abstract

Education plays a central role in Malaysia’s aspiration to attain developed nation status, with schools functioning not only as institutions of learning but also as environments responsible for students’ physical, emotional, and psychological safety. In recent years, bullying has emerged as a serious and growing concern within Malaysian schools, reflecting a global trend. National statistics show an increase in reported bullying cases between 2021 and 2023, underscoring the urgency of effective legal and institutional responses. While not all incidents result in physical harm or death, bullying often causes significant psychological trauma, adversely affecting students’ mental health, academic performance, and long-term well-being. Perpetrators, in turn, may face disciplinary and legal consequences. From a legal standpoint, school bullying in Malaysia is addressed indirectly through a fragmented framework comprising criminal law, tort principles, child protection legislation, and internal school disciplinary mechanisms. This lack of a dedicated legal framework has created uncertainty regarding the respective duties and liabilities of schools, teachers, parents, and students, resulting in inconsistent enforcement and remedies. This article employs qualitative legal research methods, drawing on library research and content analysis of statutes, reported cases, academic literature, and parliamentary debates. It evaluates the effectiveness of the existing legal approach and doctrinally synthesises relevant pre-2025 case law. The study also adopts a comparative perspective by examining legal approaches in the United Kingdom, India, and Singapore. The findings reveal significant legal gaps and inconsistencies that undermine victim protection and effective intervention. Accordingly, the article advocates a more holistic and coherent legal framework to address school bullying within Malaysia’s education system.

Page 18 of 19 | Total Record : 186

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