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 307 Documents
 21   22   23   24   25 
The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime Robert Robert; Rosa Agustina; Bismar Nasution
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.928.pp101-121

Abstract

The Indonesian bankruptcy regime tends to be harsh to the debtors, especially the individual debtors. In contrast, the creditors possess the right to pursue the debtor’s outstanding debts even after the bankruptcy process. For that reason, this article aims to argue why it is rational for the Indonesian government to implement a debt discharge policy in the Indonesian bankruptcy regime. This article employs a normative research method, using a conceptual and comparative approach. The result of this study is based on the debtor cooperation theory and the humanitarian theory of debt discharge. Hence, it is rational for the Indonesian government to implement a debt discharge policy for individual debtors. The first and second Sila of Pancasila is also in line with these theories. Consequently, as a member of society, the individual debtor should be treated with dignity and humane values, which includes debt forgiveness. Nevertheless, not every debtor is deserves to be discharged from his debts. Therefore, it is rational for the Indonesian government to implement the debt discharge policy in the amendment of Indonesian bankruptcy law to protect the honest but unfortunate individual debtors.
Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia Annalisa Y; Murzal Murzal; Rizka Nurliyantika
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.974.pp71-85

Abstract

Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.
Foreign Migrants Trespassing in Sabah Forest Reserves: A Legal Discourse Rohani Abdul Rahim; Muhammad Afiq Ahmad Tajuddin; Rovina Intung; Azizah Landa; Herlina Makanah
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.977.pp101-115

Abstract

According to Sabah Forestry Enactment 1968, Yang di-Pertua Negeri Sabah is given the power to reserves forests for various purposes including commercial, protection, domestic and others. Sabah Forestry Department is entrusted with proper and efficient planning, and implementation of State forest resources management (SFM) to comply with the sustainable forest principles. It achieves to manage forest resources towards sustainable and profitable forest governance. However, Sabah forest reserves were threatened by illegal trespassing by foreign migrants to possess forest produce unlawfully and to occupy State land illegally. This article aims to expose the causes of the invasion of forest reserves by foreign migrants, the offences committed by foreign migrant activities in the forest reserves, violation of specific legislation such as the Immigration Act 1959/63 and the Forest Enactment 1968. The qualitative legal research methodology was used to understand the issues at hand, the existing applicable laws and the legal implications for such illegal activities in these forest reserves.  Secondary data found in the legislation, journals, annual report, and law publication were collected, reviewed, analysed, and discussed to understand its legal implications better.  Thus, efforts to expose these illegal activities by foreign migrants is essential to ensure Sabah Forest Reserves can continuously be maintained and not destroyed at the hand of illegal foreign trespassers. Employers should also be made responsible for their involvement in trafficked or smuggled illegal migrants as workers and simultaneously, conduct illegal activities to deceit the State Forestry efforts and developmental planning in Sabah.
Does the International Community Have Efforts to Protect the Marine Environment from Seabed Mining? Idris Idris; Taufik Rachmat Nugraha
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1017.pp273-286

Abstract

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.
Internet Shutdown in Indonesia: An Appropriate Response or A Threat to Human Rights? Iwan Satriawan; Tareq Muhammad Aziz Elven; Tanto Lailam
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.Iss1.1018.pp19-46

Abstract

In recent years, there has been an increase in the use of harsh censorship in several parts of the globe, notably Africa and Asia. In some cases, the shutdown may be justified, but in other cases, it is driven by the political interest of the regime. The research evaluates the Internet shutdowns in the post-2019 presidential election in Indonesia and during the social unrest in Papua Island. Using normative legal research, which uses statute, case, and comparative approach concludes that although Internet shutdowns in some situations are tolerable, their usage should be less frequent and more restricted. These explanations must be examined using legality, legitimacy, and proportionality principles to limit official arguments for Internet shutdowns because they infringe on human rights. However, since no enforcement mechanism exists, this is only a formality. The Indonesian government's decision to block Internet access to social media platforms during the 2019 presidential election riots and Papua social unrest is not an appropriate response because the decision violates the principles of declaration, proportionality, necessity, and legality, which must be respected even in an emergency situation. Furthermore, the ruling infringed on the civil rights to information controlled by Article 19 of the ICCPR as adopted by Law Number 12 of 2005. It also harmed several industries, including digital-based commerce. The research proffers alternative Internet policy choices for the government in response to the political escalation and social unrest.
Law Enforcement Against Unreported Fishing: What Does Beyond the Catch Record? Rachma Indriyani; Asmar Abdul Rahim; Ruzita Azmi
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1032.pp189-204

Abstract

Transparency is significant in highly migratory fisheries. The reliability of the catch data is essential for decisions of internationally agreed targets. Nevertheless, the data accuracy will much depend on each state's performance. Focusing on unreported catches of migratory fish, this study highlights the Thunnus Macoyyi (Southern Bluefin Tuna) fishing in Indonesia, as this fish species had experienced for being the limelight of unreported fishing allegations. The main objective is to reveal what are the difficulties that Indonesia is facing on its responsibility to maintain the accuracy of the catch record. Accordingly, the study examines two points by applying the pure legal method and doctrinal approach. Firstly, the international legal framework towards unreported fishing by analysing three main instruments such as the UNCLOS 1982, the UNFSA 1995, and the CCSBT policies. Secondly, it examines Indonesia law enforcement as a State party of regional fisheries organisation. It argues that the international authority could not be completely extended to a State's domestic fishing area. Thus, it gives more discretion to the national law to enforce compliance. Lesson learned from the case study of Indonesia's southern bluefin tuna contributes to unreported fishing literature and allows us to expose the legal gap remained in managing highly migratory fish stocks.
The Qualified Effects Doctrine in the Extraterritorial of Competition Law Application: An Indonesia Perspective Sukarmi Sukarmi; Hassan Qaqaya; Fransiska A. Susanto; Rika Kurniaty
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1050.pp192-204

Abstract

The use of extraterritorial jurisdiction of competition law, based on the effect doctrine, has long been debated. This paper discusses the application of extraterritorial jurisdiction to Indonesian competition law. Competition law in Indonesia applies to any collusive or abusive behaviour that has a necessary effect on the business and economy spheres, regardless of the nationality or geographic location of the company or where the occurred conduct. This study employs a normative juridical method to analyse legal norms and principles. The approaches used include a statutory approach, a comparative law approach, and a case approach. This study reveals that the regulations concerning the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission makes legal breakthroughs by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose penalties on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce the competition law.
Can Judges Ignore Justifying and Forgiveness Reasons for Justice and Human Rights? Oksidelfa Yanto Yanto; Imam Fitri Rahmadi; Nani Widya Sari
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1054.pp122-142

Abstract

In the criminal law system in Indonesia, there are two reasons why an individual suspected of having committed a crime must be released. These two reasons are justifying and forgiveness reasons. In practice, these two reasons are linked to the elimination of criminal acts based on legal justice and human rights. This article discusses the legal consequences when the judge rejects the justifying and forgiveness reasons that can eliminate the sentence. The method used in this research is normative juridical by analysing norms, principles and rules of law with a case approach. As a result, this research shows that judges in practice have the authority given by law to determine whether an action can be categorised as justifying and forgiveness reasons that eliminate punishment by referring to the principles and legal regulations for justice and human rights. However, when the judge ignores these two reasons due to considerations of lack of justice and respect for human rights, this practice can be carried out by the judge with the consequence that this decision will cause harm, suffering and misery for the accused. This article argues that to protect the public interest from wrong decisions is necessary to reform the Criminal Procedure Code (KUHAP) to provide objectivity, honesty, and justice that rely on legal principles and rules.
The Fraud Rules in the Letter of Credit under Jordanian Legal System Emad Mohammad Al Amaren; Che Thalbi Bt Md. Ismail; Mohd Zakhiri bin Md. Nor
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1058.pp218-235

Abstract

Letter of credit (L/C) has a massive role in expanding international trade operations. It is considered the most secure and stable banking service to finance foreign trade operations such as import and export. As an international contract, potential legal issues arise due to fraud practices. In this case, L/C users have to be aware of different approaches followed by domestic courts while dealing with fraud at the international level. This paper aims to identify the fraud means under the fraud rule governing L/C and its impact on Jordan's practice. By applying a qualitative and doctrinal legal approach, this paper analyses the lack of organization of the uniform customs and practice for the letter of credit (UCP No. 600). It also examines, via interviews with Jordanian judges, the perceptions of the Jordanian courts' policy regarding the fraud rule exception in L/C. The finding reveals that to protect the interests of all parties in a letter of credit transaction, Jordanian courts should extend the scope of fraud to cover sale contracts fraud in cases where bona fide holder is involved and when a confirming bank is absent, or when the credit amount has not been paid yet by the issuing bank. In respect of the bank practices, such special provisions implemented to commercial code must be issued due to the lack of legal provisions of the L/C in Jordan legislation.
The Legal Implication of Political Defection on Nigeria's Democracy Khalid Idris Nuhu
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1060.pp247-261

Abstract

The prevalence of cross-carpeting in Nigerian politics continues to threaten the consolidation of democracy in the country. It is strengthened by the proliferation of political parties devoid of entrenched ideology or political philosophy besides attaining political and economic powers. The unusually delayed justice in defection related matters sometimes occasioned by the pile of cases before the scanty judicial umpire in the country is another block of stumbling over. The technical approach of these umpires to cases of defection or constitutional matters may not be far from being a cloak on the wheel of justice. While the elected executives at the detriment of their electorates enjoyed the freedom of assembly and association in changing their political parties after the election, the exercise of the same right by the elected members of legislative houses are subjected to certain occurrences in justification or else vacate their seats on the pronouncement of their respective leaders in the house. This historical political menace persistently thrives in the country's fledgling democracy without adequate legal instruments for effective redress. Through the conceptual approach, the study reveals that the elected executives persistently swindle the mandate of their voters with impunity while the principal officers of the parliaments freely decide who remains or exits the house on the ground of defection. It is clear that the Nigerian Anti Defection Law is inadequate in the changing political landscape of the country. This paper recommends a law reform to affect some enactments, particularly in the Constitution whereby machinery for the vacation of a seat in the parliament after defection can be beyond the powers of the principal officers, which is necessary for the attainment of socio-political orders in the country.

Page 23 of 31 | Total Record : 307

 21   22   23   24   25 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Volume 10 Issue 2, July 2026 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