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 Legal Implication of Political Defection on Nigeria’s Democracy ]]>
<![CDATA[Khalid Idris Nuhu]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 2, July 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss2.1060.pp247-261
<![CDATA[The prevalence of cross-carpeting in Nigerian politics continues to threaten the consolidation of democracy in the country. It is strengthened by the proliferation of political parties devoid of entrenched ideology or political philosophy besides attaining political and economic powers. The unusually delayed justice in defection related matters sometimes occasioned by the pile of cases before the scanty judicial umpire in the country is another block of stumbling over. The technical approach of these umpires to cases of defection or constitutional matters may not be far from being a cloak on the wheel of justice. While the elected executives at the detriment of their electorates enjoyed the freedom of assembly and association in changing their political parties after the election, the exercise of the same right by the elected members of legislative houses are subjected to certain occurrences in justification or else vacate their seats on the pronouncement of their respective leaders in the house. This historical political menace persistently thrives in the country's fledgling democracy without adequate legal instruments for effective redress. Through the conceptual approach, the study reveals that the elected executives persistently swindle the mandate of their voters with impunity while the principal officers of the parliaments freely decide who remains or exits the house on the ground of defection. It is clear that the Nigerian Anti Defection Law is inadequate in the changing political landscape of the country. This paper recommends a law reform to affect some enactments, particularly in the Constitution whereby machinery for the vacation of a seat in the parliament after defection can be beyond the powers of the principal officers, which is necessary for the attainment of socio-political orders in the country.]]>
<![CDATA[Resolving Office Establishment Dispute in Nigeria through Alternative Dispute Resolution Mechanism: An Evolving Regime ]]>
<![CDATA[Bosede Remilekun Adeuti]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 1, January 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss1.826.pp115-129
<![CDATA[This paper examines contemporary issues in Office Establishment Dispute Resolution Mechanism in Nigeria. It explores strategic ways of resolving such office establishment dispute which has remained an intractable problem in Nigeria. The objective is to examine litigation challenges in settlement of this office dispute in Nigeria and other developing countries. This paper argues that adopting Alternative Dispute Resolution Mechanism in Office Establishment Dispute is not only a programmatic goal to be attained in the long term but rather an immediate obligation that is preferable to litigation in the court of law. The doctrinal research methodology will be used to examine the challenges in resolving office establishment dispute through alternative dispute resolution Mechanisms. This paper adopts an analytical and qualitative approach and builds its argument on existing literature works, which are achieved by synthesising ideas. Recommendations and suggestions are made based on research findings. This paper concludes that the era of jettisoning or sacrificing Alternative Dispute Resolution on the altar of inapplicability in resolving office establishment dispute is gone and the need to move with time with the practise which has been in existence in developed countries for decades.]]>
<![CDATA[Ratio Legis of Chemical Castration to the Perpetrators of Sexual Violence against Children ]]>
<![CDATA[Henny Yuningsih]]>
<![CDATA[ Sriwijaya Law Review Volume 4 Issue 2, July 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol4.Iss2.652.pp285-303
<![CDATA[The government responds to the increasing number of cases of sexual crimes against children by legalizing Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection. This regulation emphasises on increasing the severity of criminal sanctions and the imposition of an additional penalty for perpetrators of sexual violence against children. It is effective to give deterrent effects, to prevent future crimes, and to provide rehabilitation. Furthermore, Government Regulation in Lieu of Law No. 1 of 2016 has been amended into Law No. 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law No. 1 of 2016 concerning the Second Amendment to Law No. 23 of 2002 concerning Child Protection into Law. The juridical foundation will be used as a legal basis for the new law, namely the Draft Bill concerning amendments to Law No. 23 of 2002 concerning Child Protection. Cases of sexual violence against children are increasing, threatening children's strategic role as the nation's future. Hence, the state needs to increase the severity of criminal sanctions and to take action against perpetrators of sexual violence against children]]>
<![CDATA[The Qualified Effects Doctrine in the Extraterritorial of Competition Law Application: An Indonesia Perspective ]]>
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[Hassan Qaqaya]]>;
<![CDATA[Fransiska A. Susanto]]>;
<![CDATA[Rika Kurniaty]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 2, July 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss2.1050.pp192-204
<![CDATA[The use of extraterritorial jurisdiction of competition law, based on the effect doctrine, has long been debated. This paper discusses the application of extraterritorial jurisdiction to Indonesian competition law. Competition law in Indonesia applies to any collusive or abusive behaviour that has a necessary effect on the business and economy spheres, regardless of the nationality or geographic location of the company or where the occurred conduct. This study employs a normative juridical method to analyse legal norms and principles. The approaches used include a statutory approach, a comparative law approach, and a case approach. This study reveals that the regulations concerning the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission makes legal breakthroughs by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose penalties on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce the competition law.]]>
<![CDATA[Sharia Principles in the Financial Services Authority Regulation on Dispute Settlement Alternatives ]]>
<![CDATA[Ro'fah Setyowati]]>;
<![CDATA[Bagya Agung Prabowo]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 1, January 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss1.864.pp56-70
<![CDATA[There is a legal disharmony with the Sharia Banking Law in the regulation on alternative dispute resolution institutions. This problem arises because the regulation does not pay attention to sharia principles, as mandated by Article 55, Paragraph 3 of the Sharia Banking Law. Meanwhile, the application of sharia principles is a spiritual right of consumers which also requires legal protection. This research is intended to assess alternative dispute resolution institutions' regulations, particularly Financial Services Authority Regulation from a consumer protection perspective, particularly spiritual rights. This research is categorized as an empirical normative study, using a philosophical, historical approach and a content analysis of the Financial Services Authority Regulation. The results of this study indicate that the Financial Services Authority Regulation on Alternative Dispute Resolution Institutions has not accommodated spiritual rights in dispute resolution for the Islamic banking industry. A weak understanding of spiritual rights causes it in the context of dispute resolution. It also creates another problem in the form of a lack of attention and policies that support the protection of spiritual rights, both in regulatory and banking institutions. In the context of dispute resolution, there are general consumer rights, such as the right to get advocacy, while the application of sharia principles is a special right. Based on these findings, it is recommended that regulatory institutions, particularly the Financial Services Authority, pay adequate attention to the entire financial service industry under their respective characteristics. It is an important matter because the protection of spiritual rights supports the development of the Islamic finance industry both in Indonesia and globally.]]>
<![CDATA[The Fulfilment of Right to Education for Persons with Disabilities: A Challenge in a Border Area ]]>
<![CDATA[Yahya Ahmad Zein]]>;
<![CDATA[Arif Rohman]]>;
<![CDATA[Dewi Nurvianti]]>
<![CDATA[ Sriwijaya Law Review Volume 4 Issue 2, July 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol4.Iss2.402.pp%p
<![CDATA[This study discusses the right to education policy for Persons With Disabilities (PwDs) In Border Area of Nunukan-Indonesia. This research aims to find out whether the legal regulation on human rights for with disabilities provided by the Indonesian government is appropriate or not and to find out whether the government of Nunukan District also provided some policies in handling a person with disabilities, in particular, their right to education. This research used a normative legal method, which complemented with field research. As a result, in order to fulfil human rights for PwDs, the Indonesian government was stipulated plenty of national laws, namely National Education System Law, the Protection of Children Law, and individually regulated by Law No. 8 of 2016 on Persons with Disabilities. Also, the most crucial factor is that the Nunukan District has not been set up the local regulation pertaining to PwDs. Only several policies are stipulated to overcome the right to education problems, but it does not enough to ensure the correct implementation of this right in the field.]]>
<![CDATA[Constitutional Rules on Waqf and Fiscal Policy Outcomes ]]>
<![CDATA[Abdul Ghafar Ismail]]>;
<![CDATA[Wahyu Ario Pratomo]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 2, July 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss2.1169.pp262-272
<![CDATA[Fiscal policy, inter alia, looks at the list of government revenues. The constitutional rules provide guidance on the list of revenues. However, the previous studies find that waqf is not considered as part of government revenues. In this study, we argue that waqf brings in a new list of government revenues. To prove this point, we select a sample of fifty-seven countries under the Organization of Islamic Countries. The constitution of each country is investigated by using content analysis. The study uses a combination of several keywords, namely “tax or taxes or fiscal obligations,” “revenues or budget or finance” and “waqf” in investigating the rules on revenues and waqf. The findings in this study are classified into five kinds of countries, namely countries that highlight government revenue and waqf in the constitution, countries that claim to recognize sharia law as the basis of the law but the waqf rules in the constitution are missing, countries that mention in their constitution that government revenues are placed under the government system, financial system, and parliament, countries that place waqf is ruled under the public finance matter, and countries that place waqf as the main policy. This finding implies that the constitutional rules lead to the view that waqf is a part of public finance that can be used as a fiscal policy tool and should be included in the state budget plan.]]>
<![CDATA[Policy Model Reconstruction of Social Forestry ]]>
<![CDATA[Wartiningsih Wartiningsih]]>;
<![CDATA[Nunuk Nuswardani]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 1, January 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss1.451.pp130-142
<![CDATA[Internationally, there has been a paradigm shift in forest resource management from state-based forest management to community-based forest management. This change has also occurred in Indonesia, namely through the social forestry program as outlined in the the Minister Regulation on Social Forestry and the Minister Regulation on Social Forestry in Perhutani Area. Indeed, these Ministerial Regulations already contain the principles of community-based forest management. However, the implementation still leaves problems. This paper will analyze the procedural weaknesses and inaccuracies in the designation of these Ministerial Regulations. The approach used is the statutory approach and comparison with qualitative analysis. The result shows that it is necessary to change the policy model by changing procedures by re-functioning the role of Forest Management Units as an institution that has the authority to manage forest resources in its area. Besides, the Social Forestry program should only be intended for forest communities who have pioneered forest resource management, whether they have joined the Community Joint Forest Management program or not. However, they must reside around forests managed by Perum Perhutani.]]>
<![CDATA[The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria ]]>
<![CDATA[Ibrahim Danjuma]]>;
<![CDATA[Karatu Afabwaje Joel]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 1, January 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss1.603.pp1-13
<![CDATA[International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.]]>
<![CDATA[The Fishing Rights Conflict in the South China Sea between Vietnam and China ]]>
<![CDATA[Mohammad Hazyar Arumbinang]]>;
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Rizaldy Anggriawan]]>
<![CDATA[ Sriwijaya Law Review Volume 5 Issue 2, July 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol5.Iss2.875.pp205-217
<![CDATA[This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.]]>
