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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 307 Documents
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Cyber Notary as A Mean of Indonesian Economic Law Development Ikhsan Lubis; Tarsisius Murwadji; Sunarmi Sunarmi; Detania Sukarja
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.Iss1.1972.pp62-72

Abstract

This paper tries to show how Indonesian economic law has evolved via the emergence of the cyber notary idea. Notaries engage in various everyday tasks and activities in the fantastic world development, such as giving the clients the finest service possible and impacting the economy. According to the law, notaries are required to be able to help and support anyone who requires genuine written documentation of legal situations, events, or activities. This study employs qualitative approaches and descriptive analysis. Additionally, researchers are interested in the phenomenon that examines the idea of a cyber notary as a way to advance Indonesian commercial law. Qualitative research aims to conduct extremely thorough investigations that examine the research's findings in great detail. Both primary data and secondary data are employed as sources of information. The findings demonstrate that cyber notary adds value to electronic documents by legalising them, for example, in addition to digitising notarial operations. However, because many aspects need to be ready, its implementation will take some time. Article 1868 of the Indonesian Civil Code stipulates that a genuine deed is a deed in a certain form that has been prescribed by law and is made before a public authority.
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.
Indonesia’s Contra-Productive Regulation against the Rights of Unskilled Workers for Balinese in New Zealand Desak Putu Dewi Kasih; Ida Bagus Wyasa Putra; Lukas Banu; Ida Bagus Erwin Ranawijaya; Ida Bagus Aswin Pranawa Sidhi
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.Iss1.2119.pp135-149

Abstract

New Zealand relies heavily on its agricultural industry. There are over 4,150 cultivators in the horticultural sector. They require the cooperation of foreign workers. Some of them were recruited from Indonesia, where most of the labour force is poor and unskilled. This research is conducted to analyse the compatibility of legislation and policy in Indonesia and New Zealand. So, they may enjoy their rights and possibilities for choosing, acquiring, or migrating from one work to another and earning a fair salary, whether domestically or internationally. Based on the contextual law method, it has been concluded that New Zealand’s laws provide excellent regulations for such enjoyment. Regarding the equal enjoyment of their fundamental employment rights, Indonesian Law and policy have failed to meet the needs of employees. This article demonstrates the Indonesian and New Zealand legal systems’ capacity and the need for Indonesian Law to be reconstructed to fulfil workers' demands.
Does International Law Acknowledge Restorative Justice? Sulbadana Sulbadana; Haniyatul Husna binti Md Mohtar; Andi Intan Purnamasari; Supriyadi Supriyadi
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.Iss1.2130.pp121-134

Abstract

Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.
Creation of Real Servitudes through Contractual Agreement under Kosovo Law and Beyond Haxhi Gashi; Kastriote Vlahna
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.Iss2.2133.pp213-229

Abstract

Real servitudes are property rights in foreigners' things (iura in re aliena), in which the titleholder uses others' property to benefit his property. This research aims to analyse the creation of the right of real servitude based on contract as legal title. The analysis specifically examines the provisions of the law of property and other real rights of Kosovo no. 57/2009 and the law on obligation relations of Kosovo no. 16/2012 that do not provide enough specification and clarifications for the content and this type of contract. The isolated analysis only in the provisions of Kosovo law is insufficient for clarification without comparison with the legislation of other countries. Therefore, the Kosovo law is compared with the civil codes of France, Austria, and Germany, aiming to identify similarities, differences, and legal concepts. The work is based on a literature review and normative, comparative, and empirical methods. The research results answer the questions related to the content, form, and type of the contract as a legal title. It shows that  Kosovo law, even though it has some similarities with the French civil code when it comes to the conditions of the valid contract, however Kosovo law differs as follows: a) the contract is not the only condition for acquiring the right of real servitude, but the registration is also needed, b) the content of contract must be based on the interaction of provisions of the law on property and the law on obligation relations, c) the same contract is obligation relationship in nature, but it also serves for the transfer of right and registration of the real servitudes. In this sense, it is concluded that Kosovo law is closer to the Austrian Civil Code and German Civil Code. However, it is not a pure German legal concept since it requires two contracts: a contract of obligation and a contract of transfer of real rights. 
"Originalism" of Interpretation in the United States Constitution I Dewa Gede Palguna; Bima Kumara Dwi Atmaja
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.Iss2.2134.pp190-208

Abstract

Originalism is a viewpoint that is one of the methods and theories of constitutional interpretation. It remains controversial in its application, particularly in the decisions of the United States Supreme Court. Originalism first held that the interpretation of the United States Constitution must follow the original intent of the constitutional drafters or those who ratified it. However, in the 1990s, this stance changed, namely that the interpretation of the Constitution must follow the original meaning of the constitutional text. The aim of this research is to understand the anti-mainstream concepts of originalism interpretation. The fundamental problem lies not to answer which one is better between originalist and non-originalist. Instead, it rather depends on how to use this approach in several cases. It is possible that in one case using an originalist approach will be more relevant and appropriate, while in another case it will be absurd, and it is happened in several decisions in the United States. The Normative legal research method was used in this research with five major approaches. Those are the statute, conceptual, historical, casuistry, and comparative approaches. The result of this study indicates that: first, originalism is a stance directly related to perspective on the issue of interpretation of the Constitution. Meanwhile, the interpretation of the Constitution itself is an attempt to understand the definitions contained in the Constitution and the objectives it aims to achieve. Second, reflecting on the practice in the United States, the originalism approach may be more relevant on some occasions. However, originalism will be absurd if applied on other occasions because society has changed so much. Therefore, in such circumstances, getting out of originalism is a necessity.
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.
Single Shareholder Company in Africa, America and Australia: A Comparative Analysis Salah Mohammed Almasabi; Hasai Mohd Ali; Hazlina Shaik MD Noor Alam
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.Iss1.2142.pp47-61

Abstract

Single Person Companies (SPCs), known as One-Person Companies (OPCs), are a revolutionary concept and a new invention in the field of international company law. This study aims to investigate the meaning of OPC and how it is used in three different continents, namely Africa, America, and Australia, focusing on legal entity, OPC incorporation process, minimum share capital, nominee appointment, and OPC conversion. The researchers used the doctrinal data collection method to study relevant journals, articles, books, papers, and internet sources. When choosing the sample States, the researchers use the Gross Domestic Products (GDPs) as a methodological yardstick. According to the findings, only a natural person may form an OPC in some jurisdictions, such as Caledonia and New Zealand. The ability of both natural and legal persons to incorporate OPC has been made explicit in nations including South Africa, Nigeria, Algeria, and Argentina. The outcome further illustrates that in nations like the USA and Caledonia, only citizens of such nations or individuals who are residents of New Zealand are eligible to incorporate OPC. The minimum share capital for creating an OPC should be reasonable to enable the lower class to establish OPC and fully control the business.
Why Did the Adoption of Constitutional Deferral Lead to Unintended Consequences of Freedom of Association in Indonesia? Andy Omara; Kristina Viri; Faiz Rahman
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.Iss1.2148.pp60-78

Abstract

A constitutional deferral is an approach utilised by constitutional drafters so that the drafters do not regulate things in detail in the constitution. This approach is believed to provide more opportunity for the constitutional framers to achieve consensus in drafting a constitution. In the end, this helps a constitution last longer. Constitutional deferral also offers some flexibility for the legislative and the judiciary in interpreting the text of the constitution in the future, which may accommodate the original intentions of the constitutional drafters. This paper argues the opposite. In Indonesia, adopting constitutional deferral causes an uncertain future of freedom of association. This paper aims to address two central questions. First, why did the framers of the first constitution adopt constitutional deferral in drafting provisions on freedom of association? Second, what are the consequences of implementing constitutional deferral toward freedom of association in Indonesia? Through historical and doctrinal approaches, the paper concludes (1) that the sharp ideological differences among constitutional drafters when drafting provisions on freedom of association forced them to employ constitutional deferral. (2) The use of constitutional deferral opens more possibilities for inconsistent interpretation by the executive, the lawmakers, and the judiciary when they establish law or adjudicated cases related to freedom of association. Through constitutional deferral, these three branches of government limit freedom of association instead of protecting such freedom.
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.

Page 27 of 31 | Total Record : 307

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