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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 Nature of Licensing Centralisation under the Job Creation Law in Indonesia: Consequences of Regional Autonomy and Fiscal Capacity Iskatrinah Iskatrinah; Hariyanto Hariyanto; Esti Ningrum; M Gholibudin Zuhaermanto
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5554

Abstract

This article discusses the constitutionality and implications of concentrating licensing authority into a single state control, following Indonesia’s Job Creation Law. Created primarily to simplify business licensing processes through the Online Single Submission Risk-Based Approach (OSS-RBA), the reform also transfers considerable authority over many aspects of licensing from regional governments to the national level. The ensuing study, therefore, questions whether this transformation is consistent with the Constitution’s promise of regional self-determination–and how it will affect regional fiscal capacity. Using a doctrinal legal approach and a quantitative comparative fiscal panel design, the article examines the 1945 Constitution (as amended), the Job Creation Law, Regional Governance Law No. 23 of 2014, relevant Constitutional Court decisions, and PAD data for all 38 Indonesian provinces for 2023–2025. These results imply a conceptual and doctrinal tension: licensing centralisation takes regional responsibility nearly beyond the regional sphere of authority. At the aggregate level, empirical results showed that provincial PAD rose between 2023 and 2025. In Papua and West Papua, meanwhile, the declines look at least as plausibly attributable to the 2022 redistricting of Papua as to the centralisation of licensing. The regional response, as noted in the Cilacap vignette, also varies across contexts depending on fiscal pressure in local areas. In the end, the piece holds that licensing centralisation is not solely an administrative enhancement but rather a constitutional issue that calls for regulatory harmonisation, meaningful local participatory development, and appropriate financial safeguards in Indonesia.
Structural Inequality in International Trade Law: Colonial Legacies and Indonesia’s Legal-Policy Responses Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti; Muhammad Annas
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5659

Abstract

  Legacies of colonialism remain deeply embedded in the architecture of contemporary international trade, particularly for developing nations such as Indonesia. The legal and institutional framework governing global commerce, largely shaped during the colonial period, continues to generate inequalities in market access, regulatory standards, and participation in global value chains. Indonesia, in particular, continues to grapple with persistent reliance on raw commodity exports, protectionist barriers imposed by advanced economies, and the outsized influence of multinational corporations within key economic sectors. This paper explores how these historical colonial patterns continue to shape Indonesia's contemporary trade policy, alongside the measures the country has adopted to address them—most notably its industrial downstreaming agenda, active engagement in regional and multilateral trade frameworks, and ongoing attempts to renegotiate trade arrangements on more favorable terms. The analysis further situates Indonesia's experience alongside comparable efforts by other developing economies, including Vietnam, Brazil, and South Africa, to confront similar structural constraints. Existing scholarship has generally treated the colonial roots of trade inequality and the domestic policy responses of developing states as separate lines of inquiry, leaving limited systematic connection between historical structural legacies and present-day measures like downstreaming, while cross-country comparisons remain scarce. This study addresses that gap by combining a historical-colonial lens with comparative policy analysis, offering a novel framework linking colonial-era trade structures to the effectiveness of downstreaming and economic diplomacy under current global trade governance underscoring the need for proactive diplomacy and stronger South-South cooperation toward a fairer trading system.
Optimising Telemedicine: Can it fulfil the right to healthcare in Indonesia? Helena Primadianti Sulistyaningrum; Putu Samawati
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5722

Abstract

Telemedicine, an innovation in information technology-based healthcare services, has emerged as a solution to address the challenges of equitable and high-quality healthcare access. However, many challenges and obstacles still hinder the provision of telemedicine to the public. This study will examine two main points in addressing these challenges and obstacles: the sustainable benefits of telemedicine in fulfilling the right to health and the ideal legal reconstruction governing it. The legal issues analysed concern the lack of comprehensive regulations and the need for a clear legal framework to protect patient rights, ensure data security, and provide service certainty. The method employed is normative research, incorporating literature reviews and regulatory analysis, as well as ethical and legal concepts related to telemedicine. The analysis results indicate that telemedicine provides sustainable benefits through improved access to healthcare services, cost efficiency, and enhanced service quality and patient satisfaction, thereby fulfilling the right to health. However, without a strong legal foundation, telemedicine practices can pose significant legal risks, particularly regarding malpractice and data protection. Therefore, an ideal legal framework is needed to regulate aspects of the doctor-patient relationship, rights and obligations, data protection, and independent oversight mechanisms. Telemedicine is a solution and innovation that offers sustainable benefits in supporting the effective fulfilment of the right to health, provided it is accompanied by adequate legal protection to ensure justice, certainty, usefulness, safety, and quality in digital healthcare services.
Greenwashing and Sustainable Consumption in India: A Socio-legal Study of Consumer Perception, Behaviour, and the Legal Enforcement Gap Pooja Devi; Shikha Sharma
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5872

Abstract

Sustainable marketing has reshaped recent consumption behaviours. As global awareness of green living grows, businesses are gradually promoting the “green badge" to coincide with consumer values and the Sustainable Development Goals (SDGs). This eco trend has given rise to greenwashing, an unfair trade practice that deceives consumers about a product or service's environmental benefits, undermining consumer loyalty and decision-making. The present study empirically investigates the rising consumer awareness and the limited enforcement capacity, compounded by procedural complexities, that undermine consumer participation. A mixed-methods approach has been used to analyse descriptive statistics, cross-tabulations, and qualitative responses by theme to understand consumer awareness, purchasing behaviour, experiences of greenwashing, and enforcement of legal rights. In the present study, researchers have focused on and elaborated on two factors -age-group and Income-group of the consumer to understand the gap between awareness and enforcement of legal rights. The results show that a majority of respondents (87%) are aware of the concepts of green consumption and greenwashing, but this awareness does not translate into legal action against greenwashing. The study adds to the existing literature on consumer behaviour by empirically demonstrating the awareness-action paradox in the context of sustainability and the key role of regulatory and procedural barriers in mediating consumer behaviour in the marketplace.
From China to the Dutch East Indies: Colonial Opium Control and Indonesian Narcotics Law Andri Winjaya Laksana
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5940

Abstract

This study examines the historical foundations of Indonesian narcotics law without assuming a direct causal line from the British opium trade in China to Law No. 35 of 2009. The problem is the tendency of legal-historical accounts to treat China and Indonesia as equivalent colonial experiences and omit the stages through which international drug control was received in the Dutch East Indies and post-independence Indonesia. Using doctrinal legal research, legal history, and conceptual analysis, the study develops a connected-history framework that distinguishes origin, transmission, colonial reception, and domestic adaptation. The findings show that British intervention in China functioned as an international catalyst by exposing the conflict between commercial power, regulatory sovereignty, and public health. The 1909 Shanghai Opium Commission and the 1912 International Opium Convention converted that controversy into multilateral control techniques, while the Dutch Opiumregie supplied the more direct administrative link to Indonesian territory. Indonesia’s punitive orientation cannot therefore be attributed solely to Britain or China; it also reflects later United Nations conventions, post-independence legislation, enforcement practices, and national policy choices. Continuity is strongest at the functional level—classification, licensing, surveillance, and penal control rather than as an unbroken transfer of identical legal rules. The article proposes a differentiated enforcement model that preserves firm sanctions for organized trafficking while making assessment, medical and social rehabilitation, and reintegration the primary response for addicts and victims of abuse, particularly young people. Its novelty lies in a four-stage transmission model that clarifies the relevance and limits of colonial genealogy for reforming Indonesian narcotics law.
Countering Marginalisation: A Collaborative Governance Model for Regu-lating Indigenous Peoples’ Land Rights Based on Local Wisdom Iwan Permadi; Diah Pawestri Maharani; Ashabul Kahfi Ly Aby; Rina Yulianti; Cuikitalia Cuikitalia; Pipit Tunjungsari
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5951

Abstract

Before Indonesian independence, Mandar people in Mamuju Regency used kumah (shifting farming) to obtain land. Customary domains overlap with protected forest areas encompassing 60–70% of the regency, and their land rights are unrecognised. The 2025–2045 Mamuju RPJPD designates ancestral lands, including Rimuku, Tadui, and Bambu, as strategic zones for the region's Nusantara Capital support city, worsening the issue. This paper examines the legal status of customary land in these vital zones, explains how land-rights neglect marginalises the Mandar people, and proposes a collaborative governance approach grounded in Mandar local wisdom to preserve their land rights. The socio-legal approach that combines normative analysis of land regulations with empirical data from Focus Group Discussions and questionnaires with academics, the National Land Agency (BPN), and the Mandar community finds that marginalisation occurs systematically through three mechanisms: stagnant implementation of regional regulations in customary-law communities without a Regent's response. The study recommends a collaborative governance model that integrates Mandar values of sipakatau (mutual humanisation), sipakalebbi (mutual respect), sisallang (deliberation for consensus), and sipakaingge (mutual reminding) with accelerated recognition of customary land rights.
Reconsidering Legal Personhood in Indonesian Private Law: Bundles of Legal Incidents, Attribution, and Governance Failure Shidarta Shidarta; Febrian Febrian; Jeong Chun Phuoc
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.6169

Abstract

Legal personhood is undergoing a profound conceptual shift as private law confronts claims involving nature and artificial intelligence. This article reconsiders legal personhood not as an ontological category but as a functional institutional device for allocating rights, duties, powers, liabilities, and immunities. It conceptualizes personhood as a point of attribution through which bundles of Hohfeldian legal incidents become operational in private-law relations and are translated into standing, enforceability, liability, and remedies. This article employs a doctrinal legal research method with a conceptual and analytical-jurisprudential orientation, combining Hohfeldian analysis with a structured comparative assessment. It examines the Atrato and Whanganui River models according to representational effectiveness, enforceability, remedial performance, and accountability allocation, and evaluates three design options for artificial intelligence: no personhood, limited personhood, and full personhood. Although centered on Indonesian private law, the analysis also considers transjurisdictional doctrinal and regulatory developments, particularly in Malaysia and the broader ASEAN region. The comparison indicates that personhood for nature operates effectively only when supported by workable representation, enforceable duties, and a concrete remedial architecture. For artificial intelligence, personhood is normatively justified only where it strengthens attribution and remedies without severing liability from the human and organizational actors who design, deploy, control, or benefit from AI systems. The article concludes that any expansion of legal personhood in Indonesian private law requires rigorous institutional justification and must not operate as a symbolic designation or liability shield.

Page 31 of 31 | Total Record : 307

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