cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kab. ogan ilir,
Sumatera selatan
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 186 Documents
 7   8   9   10   11 
Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia Annalisa Y; Murzal Murzal; Rizka Nurliyantika
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.974.pp71-85

Abstract

Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.
Deradicalisation to Combat Terrorism: Indonesia and Thailand Cases Sumarwoto Sumarwoto; Mahmutarrom Mahmutarrom; Ifrani Ifrani
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.Iss2.232.pp%p

Abstract

Terrorism is a human-made disaster, which is usually in the form of organised crime. In prevention, terrorism cannot be done only through legal approaches alone but covers all aspects of society. While eradication aimed at combating terrorism, uncovering and addressing criminal cases and perpetrators of terror in the form of the establishment of the measures included in the crime of terror, handling, ranging up to the judicial investigation and threatened sanctions to perpetrators of terror. The method used is doctrinal with the statute approach, the conceptual approach, the historical approach, and the philosophical approach. The result shows that deradicalisation in Indonesia is carried out by BNPT for terrorists, families and sympathisers, while counter-radicalisation is carried out for the general public to increase the deterrent power of radical terrorism. In comparison, Thailand used the application of a curriculum in education as the concept of deradicalisation
Does the International Community Have Efforts to Protect the Marine Environment from Seabed Mining? Idris Idris; Taufik Rachmat Nugraha
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1017.pp273-286

Abstract

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.
Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States Febrian Febrian; Lusi Apriyani; Vera Novianti
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.881.pp143-162

Abstract

In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.
Legal Analysis of Current Indonesia's Marine Protected Areas Development Adrian Nugraha
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.851.pp14-28

Abstract

This paper aims to conduct a legal analysis of the development of Marine Protected Areas (MPAs) in Indonesia. This article discusses the international legal framework and national legislation related to MPAs, progress and control, and problems in developing MPAs in Indonesia and its solutions. The international legal frameworks discussed include the United Nations Convention on the Law of the Sea 1982, the Convention on Biological Diversity 1992, and Code of Conduct for Responsible Fisheries 1995. Subsequently, the Indonesian legislation analyzed includes the Act on Conservation of Living Resources and their Ecosystems, the Act concerning Fisheries, the Act concerning the Management of Coastal Areas and Small Islands, and the Act on Marine Affairs. The progress and control of the establishment of MPAs in Indonesia have now reached the target area of more than twenty million hectares. Apart from the success of these achievements, Indonesia also has problems in developing MPAs. Current problems related to MPA development include dualism of permits, conflicts over zoning and regional spatial planning, multiple interpretations of penal sanctions, and overlapping management authorities between government agencies. The solutions offered to solve these problems include synchronizing marine tourism permits, integrating zoning and spatial plans into one regional government regulation, imposing the most severe criminal sanctions for perpetrators of destroying marine ecosystems, and transfer of full authority over the management of seven marine protected areas to the Ministry of Marine Affairs and Fisheries.
The Fraud Rules in the Letter of Credit under Jordanian Legal System Emad Mohammad Al Amaren; Che Thalbi Bt Md. Ismail; Mohd Zakhiri bin Md. Nor
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1058.pp218-235

Abstract

Letter of credit (L/C) has a massive role in expanding international trade operations. It is considered the most secure and stable banking service to finance foreign trade operations such as import and export. As an international contract, potential legal issues arise due to fraud practices. In this case, L/C users have to be aware of different approaches followed by domestic courts while dealing with fraud at the international level. This paper aims to identify the fraud means under the fraud rule governing L/C and its impact on Jordan's practice. By applying a qualitative and doctrinal legal approach, this paper analyses the lack of organization of the uniform customs and practice for the letter of credit (UCP No. 600). It also examines, via interviews with Jordanian judges, the perceptions of the Jordanian courts' policy regarding the fraud rule exception in L/C. The finding reveals that to protect the interests of all parties in a letter of credit transaction, Jordanian courts should extend the scope of fraud to cover sale contracts fraud in cases where bona fide holder is involved and when a confirming bank is absent, or when the credit amount has not been paid yet by the issuing bank. In respect of the bank practices, such special provisions implemented to commercial code must be issued due to the lack of legal provisions of the L/C in Jordan legislation.
Does Religious Holiday Allowance Policy during Covid-19 Provide Legal Certainty? Aries Harianto
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.673.pp86-100

Abstract

The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment.
The Death Sentence for Covid-19 Financial Fraud Perpetrators Nelvitia Purba; Muhammad Arif Sahlepi; Sri Sulistyawati
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.Iss2.628.pp%p

Abstract

Coronavirus pandemic 2019-2020 or known as Covid-19, which spread throughout the world, including Indonesia, has caused casualties and disrupted the economy. Various attempts were made by the government to overcome the increasingly massive impact of the spread of Covid-19. One of them is by issuing the Government Regulations in Lieu of Laws No. 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling Covid-19 Pandemic. Regarding this assistance provided by the government, it is miserable to have allowed the occurrence of criminal acts of corruption committed by government officials and their instruments. The purpose of this paper is to pay attention to the handling and eradication of corruption of Covid-19 Pandemic aid funds. The method used in this paper is to analyze data qualitatively in relation to this research which is a normative juridical type. The data used are primary and secondary data obtained through the search of legislation and materials related to the issues raised. As a result, this article argues that when there have never been cases of corruption whose actors have been sentenced to death in a normal situation, it might be possible for the misuse of the Covid-19 pandemic aid funds can be sentenced to death.
The Implementation of Waqf as ‘Urf in Indonesia Ani Yumarni; Gemala Dewi; Jaih Mubarok; Wirdyaningsih Wirdyaningsih; Anna Sardiana
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.1126.pp287-299

Abstract

As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society. 
The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria Paul Atagamen Aidonojie; Anne Oyenmwosa Odojor; Patience Omohoste Agbale
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.852.pp161-174

Abstract

Plea bargain has been globally accepted as a useful criminal prosecutorial tool in accelerating the prosecution of minor criminal cases. However, it has been observed that the introduction of a plea bargain into the Nigerian criminal justice system tends to aid the ruling class in looting from the public treasury and escaping justice. Given these legal anomalies, the study used online survey questionnaires sent to four hundred and five respondents (randomly selected) residing in Nigeria in ascertaining the Nigerian citizens view on the legal effect of using a plea bargain in resolving high profile financial crime cases. Descriptive and analytical statistics were used to analyse the respondents’ responses. The study, therefore, found that though plea bargain is a useful criminal prosecutorial tool in resolving minor criminal cases, it is unsuitable in resolving high profile criminal financial cases as it tends to involve a hide and seek game which makes a mockery of the Nigeria Legal System. It is, therefore, concluded and recommended that the concept of a plea bargain in Nigeria legal system should not be used in resolving high-profile criminal financial cases, as it tends to give leverage to those looting public funds.

Page 9 of 19 | Total Record : 186

 7   8   9   10   11 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Volume 10 Issue 1, January 2026 Volume 9 Issue 1, January 2025 Volume 8 Issue 2, July 2024 Volume 8 Issue 1, January 2024 Volume 7 Issue 2, July 2023 Volume 7, Issue 1 January 2023 Volume 6 Issue 2, July 2022 Volume 6 Issue 1, January 2022 Volume 5 Issue 2, July 2021 Volume 5 Issue 1, January 2021 Volume 4 Issue 2, July 2020 VOLUME 4 ISSUE 1, JANUARY 2020 VOLUME 3 ISSUE 2, JULY 2019 VOLUME 3 ISSUE 1, JANUARY 2019 VOLUME 2, ISSUE 2, JULY 2018 VOLUME 2, ISSUE 1, JANUARY 2018 VOLUME 1, ISSUE 2, JULY 2017 VOLUME 1, ISSUE 1, JANUARY 2017 More Issue