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Sriwijaya Law Review
Published by Universitas Sriwijaya
ISSN : -     EISSN : -     DOI : -
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 176 Documents
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The Nigeria Police Philosophy and Administration of Criminal Justice Post 2015: Interrogating the Dissonance Akinsulore, Adedoyin Olusegun
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.432.pp136-153

Abstract

The importance of the enactment of the Administration of Criminal Justice Act (ACJA) 2015 for the Nigerian Federation and the subsequent state variants have an impact on the need for speedy dispensation of justice. This enactment enjoins all institutional actors that make up the criminal justice system in Nigeria to accelerate the processes leading to the quick dispensation of justice for the defendant, the victim and the society. The Nigeria policing philosophy characterised by centralised command and control governance system appears to be at variance with this aim as provided by the Act. It is particularly so in component states where variants of the ACJA have not been enacted. Quick dispensation of justice may be painful to achieve when the police cannot be controlled by any other body in the Federation other than the central command. This paper provides that if there is no realignment or a total recalibration of the philosophies between the ACJA and the Nigeria Police, the aims of ACJA may become far from reality. The combination of jurisdictional limitation of crime and the peculiar federating structure of the country which imposes a pseudo-independent criminal justice system on each state has a crucial impact on the aims of ACJA.
Intra-party Democracy: The Practices on the Election of Prosperous Justice Party President Jamaludin Ghafur; Saifudin Saifudin
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.638.pp154-171

Abstract

This paper will analyze the arrangements and practices for the election of chairperson (president) of the Prosperous Justice Party as one of the party's instruments in implementing intra-party democracy. There are two main issues to be discussed, namely: (i) has the regulation of the election of the president of the Prosperous Justice Party reflected democratic arrangements? (ii) has the democratic election been conducted in the Presidential Election for the Prosperous Justice Party? To answer this question, researchers examine all the laws and regulations relating to the legal issue in question. The laws and regulations referred to fall into two categories, namely primary and secondary legal materials. The results showed that both in terms of formulation of rules and practice, the election of the president of the Prosperous Justice Party is still far from democratic values. It is caused by the following five factors: (1) the right of nomination is not open to all party members but is nominated by the chairman of the Advisory Council, (2) the right to vote does not involve broad party elements but only becomes the authority of the members of the Advisory Council, (3) presidential candidates parties are not elected through a voting mechanism, but by appointment (acclamation), (4) the nature of the election is not competitive because it is always only followed by a single candidate, and (5) there is a limitation of the term of office of five years, but there is no limit on how many times. It has the potential for a party presidential position to be held by one person for an unlimited period.
Intra-party Democracy: The Practices on the Election of Prosperous Justice Party President Ghafur, Jamaludin; Saifudin, Saifudin
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.638.pp154-171

Abstract

This paper will analyze the arrangements and practices for the election of chairperson (president) of the Prosperous Justice Party as one of the party's instruments in implementing intra-party democracy. There are two main issues to be discussed, namely: (i) has the regulation of the election of the president of the Prosperous Justice Party reflected democratic arrangements? (ii) has the democratic election been conducted in the Presidential Election for the Prosperous Justice Party? To answer this question, researchers examine all the laws and regulations relating to the legal issue in question. The laws and regulations referred to fall into two categories, namely primary and secondary legal materials. The results showed that both in terms of formulation of rules and practice, the election of the president of the Prosperous Justice Party is still far from democratic values. It is caused by the following five factors: (1) the right of nomination is not open to all party members but is nominated by the chairman of the Advisory Council, (2) the right to vote does not involve broad party elements but only becomes the authority of the members of the Advisory Council, (3) presidential candidates parties are not elected through a voting mechanism, but by appointment (acclamation), (4) the nature of the election is not competitive because it is always only followed by a single candidate, and (5) there is a limitation of the term of office of five years, but there is no limit on how many times. It has the potential for a party presidential position to be held by one person for an unlimited period.
Does the State Fail to Protect Defendant Rights in the Criminal Justice Process? A Case in Kosovo Adelina Rakaj; Armend Podvorica
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.595.pp172-186

Abstract

The Republic of Kosovo is a new state that declared independence in 2008 and adopted its modern constitution also in 2008, where during twelve years the state has created a very advanced constitutional and legal system in terms of protection of freedoms and human rights in general. Also, in its legal system, Kosovo has built important mechanisms aimed at protecting the position of the defendant during criminal proceedings. Although Kosovo has established constitutional and legal guarantees for the protection of the rights of the defendant in the criminal process, the situation in practice is not satisfactory. The various data and reports reflected in this paper show that Kosovo has failed to meet the rights of the defendant and failed to protect these rights. Even this situation has continued continuously. What is disappointing about the defence of the defendant's rights is the fact that the regular courts have been careless, in enforcing the constitutional standards for the protection of the defendant's rights. In several cases, the courts have even failed to protect these rights. Kosovo's Constitutional Court is the only subject that has compensated, to some extent, the protection of the rights of the defendant. The paper reflects the practical situation in how much Kosovo has managed to apply and protect in practice the constitutional and legal guarantees offered by its legal system. 
Does the State Fail to Protect Defendant Rights in the Criminal Justice Process? A Case in Kosovo Rakaj, Adelina; Podvorica, Armend
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.595.pp172-186

Abstract

The Republic of Kosovo is a new state that declared independence in 2008 and adopted its modern constitution also in 2008, where during twelve years the state has created a very advanced constitutional and legal system in terms of protection of freedoms and human rights in general. Also, in its legal system, Kosovo has built important mechanisms aimed at protecting the position of the defendant during criminal proceedings. Although Kosovo has established constitutional and legal guarantees for the protection of the rights of the defendant in the criminal process, the situation in practice is not satisfactory. The various data and reports reflected in this paper show that Kosovo has failed to meet the rights of the defendant and failed to protect these rights. Even this situation has continued continuously. What is disappointing about the defence of the defendant's rights is the fact that the regular courts have been careless, in enforcing the constitutional standards for the protection of the defendant's rights. In several cases, the courts have even failed to protect these rights. Kosovo's Constitutional Court is the only subject that has compensated, to some extent, the protection of the rights of the defendant. The paper reflects the practical situation in how much Kosovo has managed to apply and protect in practice the constitutional and legal guarantees offered by its legal system. 
International Organisations Efforts in Regulating Foreign Direct Investments in the Host States Mohammad Belayet Hossain
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.405.pp187-204

Abstract

Despite various efforts made by the international organisations over the decades, the idea of concluding an international agreement on foreign investment is still some way off. Due to the protest from the developing states, at this moment, international organisations do not have this item on their active agenda. The objective if this paper is to provide a thorough understanding of the law of foreign investment and the interplay between law and politics in regulating foreign investment. This paper examines two questions, namely, what are the efforts of the international organisations of regulating foreign investment? How has the law been interpreted over the years? Using doctrinal research method, this paper will critically analyse various international instruments in order to find out their effort to regulate FDI in host states. The findings of this study show that contribution made by the UN and other international organisations may not have led to a triumphant conclusion of a universal instrument but they have spelt out the main principles of law governing the treatment of foreign investment under international law.
International Organisations Efforts in Regulating Foreign Direct Investments in the Host States Hossain, Mohammad Belayet
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.405.pp187-204

Abstract

Despite various efforts made by the international organisations over the decades, the idea of concluding an international agreement on foreign investment is still some way off. Due to the protest from the developing states, at this moment, international organisations do not have this item on their active agenda. The objective if this paper is to provide a thorough understanding of the law of foreign investment and the interplay between law and politics in regulating foreign investment. This paper examines two questions, namely, what are the efforts of the international organisations of regulating foreign investment? How has the law been interpreted over the years? Using doctrinal research method, this paper will critically analyse various international instruments in order to find out their effort to regulate FDI in host states. The findings of this study show that contribution made by the UN and other international organisations may not have led to a triumphant conclusion of a universal instrument but they have spelt out the main principles of law governing the treatment of foreign investment under international law.
Does the Protection of Minority Groups in Xinjiang Fail? Yordan Gunawan; Yasir Perdana Ritonga; Mita Amelia; Siti Septiana K. Harun; Nisa Nurhofipah Ramadani
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.571.pp205-220

Abstract

Nowadays, many human rights violations related to religion, race or culture exist. In 2018, The Council on Foreign Relations (CFR) estimated around two million Uyghur were arrested by the Chinese government without due process of law and forced to accept the political doctrine of the Chinese Communist Party. These actions include physical torture and restrictions on religious freedom. Article 2 of 1948 UDHR stipulates the prohibition of discrimination against race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, or another status. The paper aims to analyse human rights violations against the Uyghur and legal efforts to protect freedom of human rights for Uyghur in China. Human Rights have been fully regulated by the 1948 Universal Declaration of Human Rights (UDHR). By using statutory and case approach, the result shows that the actions taken by the Chinese government have violated legal provisions including the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The government of China is also failing to uphold its responsibility to protect.
Does the Protection of Minority Groups in Xinjiang Fail? Gunawan, Yordan
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.571.pp205-220

Abstract

Nowadays, many human rights violations related to religion, race or culture exist. In 2018, The Council on Foreign Relations (CFR) estimated around two million Uyghur were arrested by the Chinese government without due process of law and forced to accept the political doctrine of the Chinese Communist Party. These actions include physical torture and restrictions on religious freedom. Article 2 of 1948 UDHR stipulates the prohibition of discrimination against race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, or another status. The paper aims to analyse human rights violations against the Uyghur and legal efforts to protect freedom of human rights for Uyghur in China. Human Rights have been fully regulated by the 1948 Universal Declaration of Human Rights (UDHR). By using statutory and case approach, the result shows that the actions taken by the Chinese government have violated legal provisions including the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The government of China is also failing to uphold its responsibility to protect.
The Challenges of Prosecuting Maritime Pirates Wan Siti Adibah Wan Dahalan; Anati Binti Kisahi; Subasny Sevanathan; Muhammad Nasir
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.615.pp%p

Abstract

Maritime piracy has always posed a constant threat to the peace and security of maritime navigation. The rise of acts of piracy is found to have been caused by several crucial factors such as geographical factor, weak law enforcement, maritime insecurity, economic dislocation and cultural acceptability. Nevertheless, due to the lack of consistency and uniformity on the definition of piracy under international law as well as on the imposition of penalty or punishment for such acts, together with the lack of domestic laws on maritime piracy and the reluctance of States to prosecute maritime pirates, these have also contributed to the emergence and increase of such acts. Additionally, as a result, challenges are faced in prosecuting the captured maritime pirates, for instance, the drafting of the charges against the perpetrators, jurisdictional issues, political concerns and technical issues which may lead a State to drop the charges and releasing the perpetrators. Notwithstanding this, some States that do not have a specific legislation on piracy, such as Malaysia, had successfully tried and punished maritime pirates under their own domestic criminal laws. Accordingly, in order to face these challenges and to gradually eradicate the acts of piracy, it is suggested, amongst others, for the uniformity on the definition of piracy under international law, legal guidelines under the United Nations Convention on the Law of the Sea (UNCLOS) on the prosecution and imposition of punishment against maritime pirates and for States to increase their cooperation in combating acts of piracy via bilateral and multilateral treaties.

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