Sriwijaya Law Review
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
Articles
307 Documents
<![CDATA[Standardisation of Foreign Labour Investigation of Mineral Mining Company ]]>
<![CDATA[Agus Lanini]]>;
<![CDATA[Sutarman Yodo]]>;
<![CDATA[Ikhsan Syafiuddin]]>;
<![CDATA[Muhammad Ahsan Samad]]>
<![CDATA[ Sriwijaya Law Review Volume 8 Issue 1, January 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol8.Iss1.2227.pp183-196
<![CDATA[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.]]>
<![CDATA[Enhancing Restorative Justice in Indonesia: Exploring Diversion Implementation for Effective Juvenile Delinquency Settlement ]]>
<![CDATA[Nashriana Nashriana]]>;
<![CDATA[Desia Rakhma Banjarani]]>;
<![CDATA[Marwin S Del Rosario]]>;
<![CDATA[Vera Novianti]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2427.pp318-334
<![CDATA[Indonesia’s juvenile delinquency is rapidly increasing in a high number every year. At the same time, restorative justice’s implementation through the diversion mechanism is ineffective. This circumstance indicates that efforts to enhance juvenile delinquency settlement are essential. Hence, this research elaborates on diversion challenges in settling cases involving juveniles in Indonesia. Moreover, it will analyse efforts to optimise diversion implementation in strengthening restorative justice in settling juvenile cases in Indonesia. This is normative research that uses a statutory approach and is described qualitatively. The research illustrates numerous obstacles in applying diversion during juvenile delinquency resolution in Indonesia. Amongst the difficulties are legal factors; law enforcer factors; factors of means or supporting facilities; societal factors, and cultural factors. These challenges incline the necessity to improve diversion applications in Indonesia’s juvenile delinquency. The effectiveness of diversion will contribute positively to the restorative justice system in Indonesia. Furthermore, optimising diversion is possible through reformulating regulation and prioritising prevention efforts to prevent juvenile delinquency from reaching litigation settlement.]]>
<![CDATA[Finding the Truth in A Virtual Courtroom: Criminal Trials in Indonesia during the COVID-19 ]]>
<![CDATA[Febby Mutiara Nelson]]>;
<![CDATA[Intan Hendrawati]]>;
<![CDATA[Rafiqa Qurrata A’yun]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2465.pp228-243
<![CDATA[Video conferencing through video call platforms, such as Zoom and Google Meet, has become a useful option for judges holding criminal trials during the COVID-19 pandemic in many countries. This trend also occurred in Indonesia. Some judges believe that video conferencing technology will help them accomplish justice in an emergency, referring to the legal maxim 'salus populi suprema lex esto’ or ‘let the welfare of the people be the supreme law’. Although virtual trials assist courts in preventing the spread of the deadly virus, they have also affected the work of judges to reach the substantive truth. This paper examines the challenges concerning the rights of the accused and technological matters that have emerged under the use of virtual courtrooms and, in some ways, led to unfair trial procedures. We argue that the absence of laws that regulate virtual courtrooms, along with an outdated the Code of Criminal Procedure in Indonesia (KUHAP), can lead to miscarriages of justice. The arguments presented in this article are based on survey data conducted from December 2020 to January 2021. The respondents are judges from Indonesia's western, middle, and eastern regions who used video conference facilities for criminal court hearings during the COVID-19 outbreak of 2020-2021.]]>
<![CDATA[Relationship between the Obligations from the European Convention on Human Rights and the Accession to the European Union ]]>
<![CDATA[Harun Halilović]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2502.pp209-227
<![CDATA[Bosnia and Herzegovina (B&H) has difficulty integrating and moving closer to the goal of becoming a member of the European Union (EU). From the legal perspective, the main issue is the need to fulfil the accession criteria. The article aims to examine the relationship between the obligations under the European Convention on Human Rights and Basic Freedoms (ECHR) and the obligations related to the European Union (EU) accession process, with emphasis on Bosnia and Herzegovina (B&H) as an EU membership candidate country. At first sight, those two obligations are separate. However, upon close examination, a strong link between those two obligations can be established using normative research with a historical approach, statute and case-based approach. On the other hand, the constitutional system of B&H has been described as discriminatory by numerous judgments of the European Court of Human Rights (ECtHR) and, most prominently, by the Sejdic-Finci case. B&H has difficulties implementing those judgments. Implementing those judgments is also set as one of the requirements of EU accession. Even if the two obligations seem separate at first sight, the ECHR has a special position within the law of the EU and is especially important in the accession of new Member States, including B&H. The research results show a special position of the ECHR in EU law and a link between the obligations under the ECHR and EU accession.]]>
<![CDATA[Mapping and Harmonizing Qanun on Sharia Financial Institutions ]]>
<![CDATA[Faisal Faisal]]>;
<![CDATA[Jumadiah Jumadiah]]>;
<![CDATA[Layla Tunnur]]>;
<![CDATA[Diras Diras]]>;
<![CDATA[Nanda Amalia]]>
<![CDATA[ Sriwijaya Law Review Volume 8 Issue 1, January 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol8.Iss1.2513.pp20-37
<![CDATA[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.]]>
<![CDATA[Criticising the Implementation of the ACTIP in Southeast Asia ]]>
<![CDATA[Belardo Prasetya Mega Jaya]]>;
<![CDATA[Ridwan Ridwan]]>;
<![CDATA[Rully Syahrul Mucharom]]>;
<![CDATA[Dwi Edi Wibowo]]>;
<![CDATA[Siti Nur Aisah]]>;
<![CDATA[Sulastri Sulastri]]>;
<![CDATA[Novia Bella Alifvia]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2542.pp350-367
<![CDATA[The legal framework for ASEAN cooperation in combating the crime of trafficking in persons, particularly women and children, led to the establishment of the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP). This convention recognises that trafficking constitutes a violation of human rights and a crime against human dignity. However, the implementation of ACTIP faces numerous challenges that require strategic solutions. This research aims to examine the implementation of the ACTIP policy concerning human trafficking, assess ASEAN's efforts in tackling trafficking in women and children in the Southeast Asian region, and criticise the implementation of ACTIP. The research adopts a descriptive-normative method. The ACTIP Convention regulates provisions for dealing with trafficking problems, both prevention and handling, which are the responsibility of the central and local governments as well as the community by establishing various task forces in the implementation of prevention and control of human trafficking that occurs. ASEAN has taken several steps in the fight against human trafficking. Many obstacles must be faced to eradicate the criminal act of trafficking in persons. So. it is necessary to take several actions in implementing the ACTIP. ASEAN Members must cooperate either bilaterally or multilaterally so that the ACTIP arrangement can be implemented effectively.]]>
<![CDATA[The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia ]]>
<![CDATA[Efik Yusdiansyah]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2557.pp287-299
<![CDATA[The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.]]>
<![CDATA[Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments ]]>
<![CDATA[I Gede Widhiana Suarda]]>;
<![CDATA[Evan Hamman]]>;
<![CDATA[Bayu Dwi Anggono]]>;
<![CDATA[Fendi Setyawan]]>;
<![CDATA[Moch. Marsa Taufiqurohman]]>;
<![CDATA[Zaki Priambudi]]>
<![CDATA[ Sriwijaya Law Review Volume 8 Issue 1, January 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol8.Iss1.2726.pp38-59
<![CDATA[The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit†available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle†with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia.]]>
<![CDATA[The Paradox of Downstream Mining Industry Development in Indonesia: Analysis and Challenges ]]>
<![CDATA[Atik Krustiyati]]>;
<![CDATA[Gita Venolita Valentina Gea]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2734.pp335-349
<![CDATA[Development of downstream on the mining industry has been encouraged by the government of Indonesia these past years. With the increasing demand for nickel ore, the government focused on implementing downstream in this sector. Establishing an export ban and domestic processing requirement on nickel ore caused the EU to challenge Indonesia before the DSB WTO. In its report to the Panel, it was concluded that Indonesia had violated the provisions of GATT 1994. While it is understandable that Indonesia has absolute sovereignty over its natural resources, it is also bounded to international organisations and regulations, for it has expressed its consent. This paper aims to examine the analysis by the Panel on what caused Indonesia to decide as the losing party and how Indonesia would implement the development downstream in the middle of its sovereignty and obligations on an international level. Through a juridical normative method, it is concluded that Indonesia had failed to comply with the provisions of GATT 1994 that obliged it. It does not mean it has no sovereignty towards its natural resources, for it has agreed to be bound by the provisions. In order to exercise downstream development, it is recommended that Indonesia create national policies or regulations related to adhering to the provisions of the WTO. A cautious approach to governing the downstream may prevent potentially damaging disputes.]]>
<![CDATA[A Discourse on the Malaysian Geographical Indications Act ]]>
<![CDATA[Manique Cooray]]>;
<![CDATA[Jia Chern Lee]]>;
<![CDATA[Justin Johari Azman]]>
<![CDATA[ Sriwijaya Law Review Volume 7 Issue 2, July 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol7.Iss2.2741.pp368-383
<![CDATA[The Malaysian Parliament approved three Bills on Intellectual Property rights. One of it is the Geographical Indications Bill 2021, repealing the Geographical Indications Act 2000 (the Old Act). The new Bill received royal assent on 16 March 2022 and came into operation on 18 March 2022, known as the Geographical Indications Act 2022 (the New Act). The revisions made in the New Act were essential to harmonise intellectual property standards in Malaysia and facilitate the country’s accession to the Marrakesh Treaty. These amendments ensure that Malaysia adheres to the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and fulfils its obligations under the Regional Comprehensive Economic Partnership (RCEP). The purpose of this paper is to examine the salient features introduced by the provisions of the New Act and to examine how the enhanced provisions attempt to realign intellectual property standards in Malaysia concerning Malaysia's broader obligations under the Regional Comprehensive Economic Partnership which have come into effect in Malaysia on 18 March 2022. The methodology employed in this research is doctrinal, especially focusing on the interpretation and analysis of the statutory provisions. In light of the changes in the New Act, New Regulations and the New Guidelines, the paper concludes by forwarding several recommended best practices to be considered by registered proprietors in the country.]]>
