cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kab. ogan ilir,
Sumatera selatan
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 207 Documents
 17   18   19   20   21 
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.
Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia Indah Febriani; Rachmad Safa’at; Istislam Istislam; Indah Dwi Qurbani
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.
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.
The Principle of Proportionality in Drug Control Policy in the Philippines and Indonesia Asmak ul Hosnah; Weldy Jevis; Jufel D. Fernandez
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.v9i2.4896

Abstract

The war on drugs has become a global concern, particularly in Southeast Asia, where drug-related crimes are considered a serious threat to national and international security. Two cases that will be discussed relate to the anti-drug campaigns in the Philippines and Indonesia, both of which have attracted attention due to their controversial law enforcement methods. This study aims to compare the application of the principle of proportionality in drug law enforcement in both countries, focusing on whether the actions taken align with international human rights standards. This research employs a juridical-comparative method, analysing legal policies, government policies, and human rights-related case facts from both countries. In the Philippines, the campaign under President Duterte's administration raised significant concerns regarding extrajudicial killings and the excessive use of power, which deviates from the principle of proportional enforcement. In contrast, Indonesia adopts a more judicial approach, although it still faces criticism for harsh verdicts and the implementation of the death penalty. The findings will reveal significant differences in how the principle of proportionality is interpreted and applied, influenced by political will, law, and institutional accountability. While both countries claim to uphold the rule of law, the level of adherence to the principle of proportionality varies greatly. This study concludes that a balanced and human rights-based approach is essential for sustainable and ethical enforcement of drug policy in Southeast Asia.

Page 21 of 21 | Total Record : 207

 17   18   19   20   21 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Volume 10 Issue 1, January 2026 Volume 9 Issue 2, July 2025 Volume 9 Issue 1, January 2025 Volume 8 Issue 2, July 2024 Volume 8 Issue 1, January 2024 Volume 7 Issue 2, July 2023 Volume 7, Issue 1 January 2023 Volume 6 Issue 2, July 2022 Volume 6 Issue 1, January 2022 Volume 5 Issue 2, July 2021 Volume 5 Issue 1, January 2021 Volume 4 Issue 2, July 2020 VOLUME 4 ISSUE 1, JANUARY 2020 VOLUME 3 ISSUE 2, JULY 2019 VOLUME 3 ISSUE 1, JANUARY 2019 VOLUME 2, ISSUE 2, JULY 2018 VOLUME 2, ISSUE 1, JANUARY 2018 VOLUME 1, ISSUE 2, JULY 2017 VOLUME 1, ISSUE 1, JANUARY 2017 More Issue