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
176 Documents
<![CDATA[The Political Law on Coal Mining in the Fulfilment of People's Welfare in Indonesia ]]>
<![CDATA[Irsan Irsan]]>;
<![CDATA[Meria Utama]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.202.pp11-25
<![CDATA[The main issue of this research is how the political law on coal mining to manifest the people's prosperity in Indonesia based on the sustainable development principle. Using normative research with interdisciplinary research approaches such as law and sociological approach, it gains some results: firstly, in the legal issue, Indonesian government should comply with the Article 33 of the 1945 Constitution, as an economic system aimed in realizing people's sovereignty in the economic field. Secondly, some regulations related to coal mining still have some loopholes. As a result, it needs evaluation in the field of legal structure to enforce the rule of law based on the communities’ existing values as the reflection of Pancasila and the 1945 Constitution. Thirdly, the control of the state in the coal utilization and a new balancing in national policy management based on the sustainable development are necessary where the objectives of coal exploitations in mining are not only to pursue economic gain but also to have equal responsibilities to the social and the environment]]>
<![CDATA[Legal Aspects of Zakat Empowerment In Indonesia ]]>
<![CDATA[Sofyan Hasan]]>;
<![CDATA[Taroman Pasyah]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.120.pp59-74
<![CDATA[Zakat is a number of certain assets that the Muslim people have to give to the persons who are in need. However there are some problems in the zakat management in Indonesia. The objective of this article is to provide for a brief picture of the zakat management in Indonesia. The findings of the research conducted that it was found in 2011 that the Zakat agencies have been able to manage up to ten billion rupiahs which distribution covers the whole parts of Indonesia. Nevertheless, in Indonesia zakat has a big potential, by having 87% of Muslim populations and 20% of them are assumed as the zakat givers (muzakki). Therefore as it was reported in 2011 that the potential value of zakat was around Rp 217 trillions. In addition, the zakat added with infaq calculated around Rp 1.5 trillion per year. Meaning that the zakat collected has not reached even more than 1 percent of the potential zakat per year. Even though the number of Muslim people in Indonesia is very significant, the problems centered in the management of the zakat which is still in traditional pattern where the zakat givers (muzakki) give directly to the persons who has the right to receive zakat (mustahik). It is suggested that it need revolutionary improvement in the zakat management, there must be a mindset changing from traditional management to modern zakat management where the zakat officer (amil zakat) must be a professional one, and permanent job basis. This surely will improve the zakat management and the poverty will surely be eliminated. This research used empirical methods including the effectiveness and impact of the law]]>
<![CDATA[The Legal Aspect of the Tax Competition in EU: Case of Kosovo ]]>
<![CDATA[Fitore Gezim Morina]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.217.pp1-10
<![CDATA[The aim of this paper is to analyse the tax competition -fiscal competition within the EU Member States. The complexity of the tax competition concept in the EU will be addressed in two dimensions: the impact of tax competition on the growth of foreign investments and the increase of revenues that preserves the neutrality of common market. In the case of the functioning of tax competition, the Kosovo tax system will be compared to the tax system of the EU. Compilation qualitative methods, individual case study methods, and normative analysis methods were applied in this study. From the results of the treatment one may notice that through increased tax competition, the attractiveness of their tax systems increases automatically through the provision of lower tax rates that may result in foreign investment inflows. Given that resident and non-resident persons within the jurisdiction of a State have equal treatment from a fiscal point of view. It is concluded that the principle of neutrality is fully implemented in the EU Member State and those that express aspirations for joining the EU. The current changes in the tax system of Kosovo, made the system more competitive within the EU area]]>
<![CDATA[Legal Protection of Patient Rights in Indonesia ]]>
<![CDATA[Istiana Heriani]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Anis Masdhurohatun]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.134.pp75-85
<![CDATA[This study examines the legal protection of patient rights in health services in Indonesia. The aims of the study are to find out how the legal protection of patients as consumers in receiving health services and what factors affecting the legal protection of patients’ rights in receiving health services. The method employed in this study is a normative study by analysing data obtained from library. The data gathered are in form of secondary data. All the data collected are analysed descriptive qualitative. The problem raised herein is Law Number 44/2009 Concerning the Hospital is not fully well implemented. The results showed that there were many factors influent the effectiveness of Law Number 44/2009 above. The conclusion drawn up that the malpractice in terms of providing medical care may cause disharmony between physicians and patients; the facilities and infrastructures in the health care provided for in the hospital do not support the patients’ rights to obtain health care. Any responsibility borne to the hospital may only in the case of the patients suffered from the malpractice. Should this happen the patients can submit any formal complain to the Court]]>
<![CDATA[The Issue of the Commercial Court Limited Competency in Settling the Commercial Disputes ]]>
<![CDATA[Sobandi Sobandi]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.250.pp26-33
<![CDATA[The people’s need for justice through a special court is perceived urgent from time to time. The Commercial Court is an ad-hoc court but its competency has affected the competency of other permanent courts that are already established. The problems need to be answered in this writing regarding the multifunction of Commercial Court. The objectives of the writing, inter alia, to examine the possibility of the Commercial Court has specific rules to restrain its competency. Consequently, there is a need to have a law that specifically limits the competence and the procedural law of the ad-hoc court. The Commercial Court often resolves bankruptcy disputes. It is also used as a solution for the Intellectual Property Rights (IPR) disputes which should be able to enter the criminal domain. It can also be used to solve the Islamic financing issues and other business issues that should be the realm of a permanent judicial institution. The existence of such a rule that limits the competency of the Commercial Court can be a way out of fulfilment of needs of the judiciary to reduce the overlap of court competency among the Indonesian judicial institutions]]>
<![CDATA[Dispute Settlement between Telkomsel and Indosat: An Analysis on Competition of Cellular Operator ]]>
<![CDATA[Mukti Fajar ND]]>;
<![CDATA[Diana Setiawati]]>;
<![CDATA[Yati Nurhayati]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.155.pp86-98
<![CDATA[Telecommunication advancement has become a central part of human life brought tight competition among cellular operators. On June 2016, there was a case of business competition between Telkomsel and Indosat (the big Three Cellular operators in Indonesia) that conduct monopoly practice and predatory pricing. In Indonesia, there are two Institutions that maintain business telecommunication and business competition namely Indonesian Telecommunication Regulatory Body (BRTI) has mandated by Law number 36 of 1999 and Business Competition Supervisory Commission (KPPU) by Law Number 5 of 1999. The research aims to know how the government regulates on competition of cellular operator in Indonesia and to know the role of Indonesian Telecommunication Regulatory Body (BRTI) and Business Competition Supervisory Commission (KPPU) to settle the cases on competition of cellular operator (Telkomsel and Indosat cases). The study is normative legal research with statute and case approach, by using juridical qualitative approach. The results of this research are, firstly the analysis of regulation regarding on competition of cellular operator. Secondly the analysis of the role of Indonesian Telecommunication Regulatory Body (BRTI) and Business Competition Supervisory Commission (KPPU) to settle the cases on competition of cellular operator (Telkomsel and Indosat cases) that conduct monopoly practice and predatory pricing, regarding with Law Number 36 of 1999 on Telecommunication and Law Number 5 of 1999 on the Prohibition of Monopolistic Practice and Unfair Business Competition.]]>
<![CDATA[Applying the Advocacy Coalition Framework to Understand the Process of Local Legislation in Indonesia ]]>
<![CDATA[Alamsyah Alamsyah]]>;
<![CDATA[Sri Suwitri]]>;
<![CDATA[Kismartini Kismartini]]>;
<![CDATA[Yuwanto Yuwanto]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.136.pp34-47
<![CDATA[Making regulation is the primary function of the modern state. Current praxis shows how there is positive and negative cooperation among policy participant in the process of local legislation. Many Indonesian scholars give attention to the politics of law and citizens participation in understanding this process. However, they do not give detail analysis on cooperation among policy participant during the legislation process. Drawing on qualitative methods, this article applies the Advocacy Coalition Framework (ACF) to understand the process of local legislation in South Sumatra Province. This article selects The Provincial Regulation of South Sumatera No. 8 of 2016 on the Forest Fires Mitigation as a case study due to the nature of forest fires as the public problem that obtains attention from various actors. Several key informants representing the executive and the legislative at the local level is selected using the purposive technique as a source of primary data. The secondary data is collected from the official publication of the policy participant, newspaper, and social media. Using interactive models and NVIVO software to code and analyse research data, this article finds that the secondary policy belief (SPB) among policy participant could be similar partially or wholly. This similarity is the foundation of policy participant to make an advocacy coalition. This article identifies two advocacy coalition in legislation process of The Provincial Regulation of South Sumatera No. 8 of 2016 on the Forest Fires Mitigation: ‘the local wisdom’ coalition vs. ‘the no burning policy' coalition. This article discusses the findings and propose a new agenda for further research on local legislation process]]>
<![CDATA[The Implementation of Musyarakah by PT Bank Aceh Branch of Banda Aceh, Indonesia ]]>
<![CDATA[Juli Andria]]>;
<![CDATA[Darmawan Darmawan]]>;
<![CDATA[Azhari Azhari]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.195.pp99-110
<![CDATA[According to Article 19 Paragraph (1) of the Law Number 21 of 2008 concerning Sharia Banking, one of the activities of Sharia Banking is to provide financial funding based on musyarakah (profit sharing). The implementation of musyarakah by PT Bank Aceh Syariah in Banda Aceh has been covered up to 85 customers from the period of 2015 to 2017. In musyarakah contract the customers have to fulfil their obligations to pay the payments to the bank. However, the fact shows that the customers could not fulfil their obligations to pay their payments to the bank because they have income problems in running their businesses. From 2015 to 2017 there were seven customers were not well performed musyarakah. This condition has resulted in breach of contract by the customers which is known as non-performing musyarakah funding. This study aims to scrutinize legal consequences arising from non-performing musyarakah funding and identify the efforts taken in the settlement of this problem. This study is an empirical juridical research. Data required for this study were collected through field research by interviewing respondents or informants. The result shows that the legal consequences arising from this non-performing musyarakah funding were pledges or defaults by the customers because they violate the Article 12 of Musyarakah contract. The efforts taken in settling this problem among others are collecting the arrear obligations and handling non-performing musyarakah to the bank’s officer to be analysed based on legal analysis. Therefore, it is advised that the customers should fully fulfil their obligation to pay their payments to the bank based on musyarakah contract. Then, the bank officers are suggested to fully analyse the arrear obligations of the customers based on legal analysis. By doing so it could reduce non-performing musyarakah funding in the future]]>
<![CDATA[Legal Assurance and Legal Protection in Land Registration in Indonesia ]]>
<![CDATA[Suharyono Suharyono]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss1.118.pp48-58
<![CDATA[Legal assurance to protect the owner of the land title has been the main objectives of the 1997 Government Regulation No. 24. However, in reality, the objectives above cannot be spelled due to the negative publication system of land title registration regulated by the regulation above. The loophole the system has, inter alia, concerns with the actual or the correctness of land site or the physical data of the land. As a result, a conflict will not be prevented between or amongst the true land deed holder, land rights holder and the third party. If the case is brought before the court, the further consequence is that the verdict will declare the cancelation of or invalidity of the land deed. Then the legal status of the land deed will become uncertain and landowners will lose their rights without getting any protection from the State. The problem raised in this article regarding the negative system of land registration in the 1997 government regulation no. 24 does not provide legal protection for the landowner who has already land certificate. The results of the study showed that there were two different values of legal certainty and legal protection manifested in the Government Regulation No. 24 of 1997 and those of legal certainty and legal protection as mandated by the 1945 Constitution of the Republic of Indonesia. Therefore it is not superfluous to state that legal certainty and legal protection are intended and regulated by Government Regulation No.24 of 1997 which is in contradictory to the manifested value of legal certainty and legal protection guaranteed by the 1945 Constitution]]>
<![CDATA[Regulatory Issues on Raising Capital through Debentures by Public Companies in the United Kingdom ]]>
<![CDATA[Mohammad Belayet Hossain]]>
<![CDATA[ Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol3.Iss2.252.pp111-123
<![CDATA[Nowadays, it is common for the loans to be aggregated as a lump sum, which is then advanced to the company by the trustees. In this situation, the lenders subscribe for debenture stock, sometimes called loan stock, out of the fund. As with shares, such stock forms part of the company’s securities, which can be traded in the Stock Exchange. The lenders might require security for their loans. In this situation, a company will charge its property to secure the loan. In light of the Companies Act 2006 of the United Kingdom, this paper will analyze the various mechanisms whereby public companies raise money through debentures and the regulatory consequences of doing so. The companies legislation requires certain particulars of the charge to be registered. Therefore, this paper aims to reflect on: (a) how public companies borrow its capital through debentures or debenture stock; (b) what types of charge the public companies could issue to lenders as security; (c) how to differentiate between fixed and floating charges. This paper will also examine the question of priority among competing creditors and inconsistent decisions of the court regarding fixed and floating charges. The objectives of this paper are to: describe the meaning of ‘debenture', discuss the dispute relating granting a fixed charge over book debts, sketch the priority of charges and the statutory listing system, describe the meaning of book debts, explain the character of and the differences between floating and fixed charges. This paper will provide recommendations that could be taken into consideration for future amendments of the Companies Act 2006.]]>
