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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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The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia Siti Kunarti; Nur Putri Hidayah; Hariyanto Hariyanto; Muhammad Bahrul Ulum
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.Iss1.2750.pp1-19

Abstract

This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.
Foreign Direct Investment: A Comparative Analysis between Iraq and the UAE Ghazwan Abdulhadi Alabdalrahman; Haniff Ahamat; Nabeel Mahdi Althabhawi
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.Iss2.2773.pp262-286

Abstract

Foreign direct investment (FDI) refers to an investment into a company or organisation through long-term or overseas expansion acquisition with the hope of forming a long-term relationship. It is a viable business tool utilised in businesses across the globe. However, in Iraq, despite the investment laws and other regulations to boost foreign direct investment, investors still need to be convinced about investing in Iraq due to several factors that might affect their investments. Many countries and some Arab countries have advanced in their FDIs, leaving Iraq behind, one of which is the UAE. Therefore, this research aims to analyse Iraqi's FDI vis-à-vis what is obtainable in the UAE to proffer effective and appropriate recommendations to be implemented to boost the Iraqi FDI for better future investments. To achieve this, the study utilised a theoretical method of review of existing literature and relevant legislations in the two jurisdictions, as well as a  comparative analysis to analyse the key areas hindering the effectiveness of the Iraqi FDI compared to what is obtainable in the UAE. It was discovered that besides the dispute resolution mechanism, corruption, poor infrastructure, unskilled labour, political instability and the financial sector, the legal framework is inadequate, incomprehensive, and discouraging to foreign investors. However, these hindrances are not prevalent in the UAE. Hence, the suggestion for Iraq to boost its political stability, social security, improve its business climate and transfer knowledge and practices from the UAE to achieve a robust FDI in Iraq in fulfilment of SDG 17.
The Legal Ramifications of Sexual Commodification in Trademark Usage in Indonesia Rory Jeff Akyuwen; Muchtar Anshary Hamid Labetubun; Senly Soplantila
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.Iss2.2911.pp318-334

Abstract

The ownership of trademark rights is a fundamental component of industrial property rights within the broader spectrum of intellectual property law. Law Number 20 of 2016 concerning Marks and Geographical Indications, specifically Article 20, mandates that brand naming must not contravene state ideology, statutory regulations, religious morality, decency, or public order. This study seeks to critically examine and analyse trademarks deemed inappropriate because they violate existing legislative provisions. Certain trademarks utilised by business entities infringe upon societal standards of decency by engaging in sexual commodification. The research adopts a juridical-normative methodology, incorporating both legislative and conceptual frameworks. The legal materials examined include primary, secondary, and tertiary sources, which are qualitatively analysed to address the research questions. The findings reveal that sexual commodification in trademark naming, characterised by the exploitation of pornography, violates religious norms and societal decency. Therefore, such trademarks are not eligible for registration. Furthermore, any trademarks that have been registered and are found to contain elements of sexual commodification may be subject to revocation, as they conflict with state ideology, legislation, religious morality, decency, and public order.
Addressing the Challenges in Protecting Child Victims of Sexual Violence within Non-Formal Education Institutions Dani Krisnawati; Ria Restu Wikansari
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.Iss2.2987.pp249-268

Abstract

In recent years, violence against women and children has markedly increased in the Special Region of Yogyakarta, Indonesia. Numerous cases underscore a significant potential for sexual violence against children, particularly those enrolled in non-formal education institutions. This pressing issue necessitates a thorough examination of current implementation practices, the identification of existing constraints, and the formulation of prospective criminal policies aimed at protecting children from sexual violence in these educational settings. This study utilises a socio-legal framework with a normative-empirical approach, drawing on data from Bantul Regency and Yogyakarta City. It also critically reviews pertinent regulatory frameworks and implementation practices within this context. Findings indicate that both preventive and repressive measures have been enacted to combat sexual violence against children, primarily through the empowerment of law enforcement officials and related government officers at the district, city, and provincial levels. However, the effectiveness of preventive measures is impeded by current regulations and prevailing social norms. Future initiatives to protect children from sexual violence in non-formal education institutions should prioritise non-penal approaches, including the enhancement and harmonisation of the Criminal Acts of Sexual Violence legislation at both national and regional levels. Furthermore, it reveals that local government agencies have yet to establish effective coordination mechanisms to promote better norms for preventing sexual violence in these institutions. Enhancing community empowerment and bolstering the coordination and roles of stakeholders will be pivotal in mitigating the stigma faced by child victims of sexual violence.
Navigating Legal Complexities in Localising the Sustainable Development Goals Agenda for Village Governance in Indonesia HS Tisnanta; Febryani Sabatira; Ria Wierma Putri; Lenilde Pereira; Desia Rakhma Banjarani
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.Iss2.2997.pp335-357

Abstract

Indonesia's commitment to the global Sustainable Development Goals (SDGs) is exemplified by its Village SDGs program, which serves as a strategic pilot initiative. Nevertheless, the efficacy of the Village SDGs is contingent upon several critical factors, including resource availability, community engagement, and stakeholder collaboration. These factors present significant challenges that impede progress. Given that villages constitute 91% of Indonesia's territory, developments at this local level have profound implications for the national implementation of the SDGs. This study elucidates that persistent challenges in resource allocation and stakeholder coordination remain despite advancements in embedding the SDGs within the national legal framework. The assessment of the Village SDGs highlights local capacity disparities and underscores the necessity for enhanced support mechanisms. Integrating the SDGs within village governance necessitates tailored approaches that are sensitive to local contexts. This paper establishes a comprehensive framework for the Village SDGs roadmap within local governance to achieve the global agenda. It explores three pivotal aspects, namely the incorporation of the SDGs into the national legal framework, the evaluation of Village SDGs implementation, and the contextualisation of the SDGs within village governance. Employing a normative legal approach and secondary data sources, the research reveals significant progress while also identifying critical gaps that must be addressed to ensure the effective implementation of the Village SDGs.
Jurisdictional Disputes between Central and Local Governments in the Management of Coal Mining Hartati Hartati; Zainal Amin Ayub
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.Iss2.3003.pp269-285

Abstract

On June 10, 2020, President Joko Widodo ratified the amendment of Law Number 4 of 2009 to Law Number 3 of 2020 concerning Minerals and Coal, one of the substances that changed the rules of authority in granting licenses from initially located in the local government to the central government. Therefore, this study aims to analyse the issue of authority between the central government and local governments in coal mining management after the issuance of the Minerba Law in 2020. This research uses a qualitative approach using institutional data surveys as a data collection method. The collected data is analysed using descriptive analysis: data reduction, data presentation, and conclusion drawing. The findings in this study explain that in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, the authority of local governments is withdrawn to the central government, starting from Mining Business License (IUP), People's Mining License (IPR) and Special Mining Business License (IUPK), Special Mining Business License (IUPK), Rock Mining License (SIPB), Transfer Permit, Transportation and Sales Permit, Mining Service Business License (IUJP), and Sales IUP. Although all local government authorities are fully withdrawn from mining licensing, local governments can still carry out mining licensing if the central government delegates authority based on statutory provisions. This latest regulation emerged through the idea of the government together with the House of Representatives on the grounds of simplifying licensing by easing requirements to increase investment obtained by the state. However, this change makes it seem as if the government wants to return to the era of centralisation. It is contrary to the spirit of decentralisation and regional autonomy that is being embraced in Indonesia. 
The Use of Physical Strength in Children's Education: Learning from Indonesian Court's Judgments Eva Achjani Zulfa; Artha Febriansyah; Jelang Ramadhan; Imam Khomaeni Hayatullah
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.Iss1.3014.pp115-132

Abstract

This article explores the limitations of using physical force in educating children in Indonesia. It examines the prevalence of violence by parents and teachers in education. Increased public awareness and concern for children's rights have made the use of violence in education a taboo. This research uses a qualitative method with secondary data using literature and analysing court decisions from the human rights perspective. This study aims to determine the limits of tolerance for violence and corporal punishment. The court decisions have been taken as the data to be analysed from various locations where decisions have been issued were taken into consideration to depict the similarities and differences in deciding matters related to corporal punishment towards children. This article examines historical, cultural, and religious factors that influence the use of physical force, including interpretations of Islamic teachings. This paper also presents arguments for and against corporal punishment as an educational tool. This research sheds light on the complexities surrounding the permissibility of physical force in children's education and the conflicting views in society, providing insight into evolving understandings and legal perspectives on the subject.
Judaization in Palestine: Is It Genocide According to the 1998 Rome Statute? hafara khoirunisa; sefriani sefriani; jawahir thontowi; jaya indra santosa; yashifa febriani; Ahmed Zeiad Masoud
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.Iss1.3144.pp79-98

Abstract

The purpose of this study is to analyse the act of genocide in the attempt at Judaization in Palestine based on the 1998 Rome Statute and examine the possibility of categorizing the Judaization of Palestine as cultural genocide because Judaization has changed various aspects of Palestinian life and the Palestinian territories themselves. In addition, cultural genocide has been eliminated from its history, but there are still actions that are assumed to lead to it. This research is a type of normative legal research using a conceptual, statutory, case, and historical approach. The results of this study indicate that the Judaization of land and people in Palestine is a crime of genocide, as stated in Article 6 (c) of the 1998 Rome Statute. At the same time, the Judaization of identity and holy places can be categorized as cultural genocide, according to experts. However, the opinions of experts contained in legal works are subsidiary legal sources and, until now, have not been recognized as customary international law. In addition, the Judaization of identity and holy places within the framework of international law can only be viewed as genocidal intent, not cultural genocide.
Does the Reform of the Parliamentary and Presidential Threshold Strengthen the Presidential System in Indonesia? Mahesa Rannie; Retno Saraswati; Fifiana Wisnaeni
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.Iss1.3157.pp133-151

Abstract

The attempt to purify Indonesia's multiparty presidential system was only reflected after the Third Amendment to the 1945 Constitution. However, it took work to implement it. In practice. Various measures have been taken, including party alliances and introducing voting barriers in parliamentary elections. Therefore, analysing the relationship between electoral thresholds and their ideal proportions in the form of legal-political reforms to strengthen the Indonesian presidential system is interesting. This is in line with the purpose of this study, which is to uncover and analyse the legal politics of electoral thresholds in an attempt to strengthen the presidential system of government in Indonesia. The approach adopted in this study is a theoretical approach with legal, conceptual, comparative and historical approaches. This study concludes that the legitimate political renewal of the electoral vote threshold is not closely related to efforts to strengthen Indonesia's system of multiparty presidential government. The ideal way to reform the legal, political threshold for electoral votes would be to set the parliamentary threshold at 2.5%, but at the same time tighten controls over the parties participating in the election, and the 2.5% threshold serves as President to maintain a balance between the parliamentary and presidential thresholds. In addition, it is also important to strengthen consensus (consensus democracy) among coalition political parties. There is still a desire to abolish the presidential threshold through the People's Representative Council (DPR) instead of the Constitutional Court (MK).
Legal Protection for Nightclubs Female Workers in Bali Ni Nyoman Juwita Arsawati; Gde Made Swardhana; Diah Ratna Sari Hariyanto; Dewi Bunga
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.Iss2.3176.pp286-302

Abstract

This study aims to identify, analyse, and find the risks and legal protections for female workers at nightclubs in Badung, Bali, Indonesia. Through empirical legal research, based on the study's results, it can be found that there are many risks faced by female workers who work at nightclubs. The risks faced by female workers at nightclubs in Badung, Bali, can include health risks (physical and mental/psychological), safety risks, risks of victimisation (becoming victims of criminal acts), getting a negative prejudice from the community, being ostracised, and the risk of falling into prostitution and drug abuse. Legal protection for female workers in nightclubs has yet to be implemented optimally. Many rights and protections are owned by women who work in nightclubs, but nightclubs cannot reach them. There are still many violations of the law against female workers. Management does not provide rights for night workers in accordance with the provisions of the Manpower Act because these workers are not included in the Labor Union. The legal consequences for women workers at night entertainment sites need better legal protection, especially in the context of the labour force. Stigmatising women employees at night recreation sites as prostitution workers also weakens protection for them.Women workers do not fight for their rights because they do not have much understanding of their rights.

Page 29 of 31 | Total Record : 307

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