cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dr. Patricia Rinwigati Waagstein
Contact Email
ilrev@ui.ac.id
Phone
-
Journal Mail Official
ilrev@ui.ac.id
Editorial Address
DRC Office Building F 3rd Floor, Faculty of Law University of Indonesia, Depok - 16424
Location
Kota depok,
Jawa barat
INDONESIA
Indonesia Law Review (ILREV)
Published by Universitas Indonesia
ISSN : 20888430     EISSN : 23562129     DOI : https://doi.org/10.15742/ilrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesia Law Review (ILREV) is an open access, double-blind peer-reviewed law journal. It was first published by the Djokosoetono Research Center (DRC) in 2011 to address the lack of scholarly literatures on Indonesian law accessible in English for an international audience. ILREV focuses on recent developments of legal scholarship, covering legal reform and development, contemporary societal issues, as well as institutional change in Indonesia. Realizing the global challenges and ever-increasing legal interaction among developing countries, ILREV also welcomes articles on legal development in the ASEAN region and the larger Global South. By that token, it aims to provide a platform for academic dialogue and exchanges of ideas between scholars and professionals, especially from the Global South. As such, ILREV encourages comparative, multidisciplinary, interdisciplinary, and other approaches to law which can enrich the development of legal scholarship not only in Indonesia but also the Global South as a whole.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 239 Documents
 1   2   3   4   5 
Inclusive and Implementable Legal Rules for E-Commerce: A Comparative Study of Indonesia and Vietnam Bich, Ngoc Nguyen Thi; Nguyen, Phan Quoc
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Both Vietnam and Indonesia have large populations that promise major markets for e-commerce. The two nations record high internet coverage and large numbers of social media users. Recently, the countries have been trying to support e-commerce with new legal rules. In November 2019, Indonesia’s government introduced Government Regulation No. 80 of 2019 on Trading through Electronic Systems (GR 80, 2019). GR 80 requires e-commerce businesses to obtain business licenses, report taxes, and preserve consumer protections and rights. Similarly, Vietnam has issued a number of resolutions and guidelines since its Decree on E-Commerce in 2013 (Decree No. 52/2013/NĐ-CP). While these legal documents cover nearly all aspects of e-commerce, little of their implementability and inclusiveness has been studied. Using the individualized comparison methodology and case studies, the authors analyze the legal rules in the two countries and discover that (i) the e-commerce regulations in both countries lack implementability in terms of connection and interest among stakeholders, (ii) the regulations are implementable for big businesses with formal websites but pose a significant burden for smaller businesses, which ultimately means the lack of inclusiveness. It is recommended for both to work hard and efficiently to set up their immediate response schemes, cooperatively, to expand the participation of small online businesses and multiple other stakeholders. A strategy of cross-border collaboration to build trust in e-commerce for business owners could be studied in the future.
Between Control and Empowerment: Local Government and Acknowledgement of Adat Villages in Indonesia Suartina, Tine
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal legal pluralism, those acknowledgment and accommodation mechanisms are double-edged. They involve control and empowerment as emphasized in Hellman’s framework applied to analyze the dilemma in a plural society regarding cultural politics. On the one hand, the acknowledgment and accommodation mechanisms conducted through an official process necessitate the fulfillment of a list of requirements set by the government (controlled). Thus, there is a possible drawback for an asymmetrical position between the formal institution (recognition giver) and the community (recognition recipient). Conversely, the mechanisms are used by adat communities as a means to gain the rights of self-determination. Thus, empowerment is realized, because most local acknowledgment regulations include obligations of protection by the state and local governments. This paper discusses the dynamics of legal pluralism in Indonesia using cases of local acknowledgment and adat village institutionalization in which adat law becomes an element in formalizing the communities’ existence and adat village format. However, a question remains regarding whether the central position of adat law in such a mechanism is merely applied to fulfill the acknowledgment and accommodation requirement or whether it actually strengthens its capacity.
The Law of Arbitration Rules that are Final and Binding Sugiyono, Heru; Suyanto, Heru; Agustanti, Rosalia Dika
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A request in a district court for annulment of an arbitration, or arbitral, award is a form of legal remedy that claims dissatisfaction with the award by one or more parties. It contravenes the provisions that stipulate the finality of the award and its permanently binding legal force. The attempt to invalidate the arbitral award seems to reflect the party’s (or parties’) disobedience to it. The research method here employed normative juridical review of various library materials consisting of primary legal sources from related laws and regulations, secondary materials which formed the explanations used in the analysis of the primary legal materials in the form of doctrine, academic views, judicial decisions, document searches, books, and scientific works. The legal material is identified and analyzed to achieve the objectives of the study. The results indicate that there is legal uncertainty related to the provision, specifically whether a district court can overturn a final arbitration award and that it carries the legal force to bind the parties. Therefore, it is necessary to create that certainty, and write off Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, article 70. Arbitrators are encouraged to act more professionally in examining and delivering fair arbitration awards without being tainted by false evidence or gimmicks.
CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM Tan, David
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.
A BEHAVIORAL APPROACH TO BILATERAL COOPERATION ON CRIMINAL LAWS: A CASE STUDY ON INDONESIA’S EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES Citrawan, Harison; Fedian, Muhammad
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The effectiveness of bilateral agreements in the context of criminal law enforcement remains highly contested. In the Indonesian context, such bilateral cooperation classifies two modalities of indirect law enforcement systems, namely, extradition and mutual legal assistance (MLA) in criminal matters. This article attempts to explain these modalities through a behavioral and rational approach by taking Indonesia’s MLA treaty with Switzerland and its extradition treaty with the Russian Federation as a case study. From this approach, we argue that the state’s decision to cooperate implies the adoption of control and consensus models. However, these two models were induced by political preferences rather than the sole reliance on the maxim aut dedere aut judicare in criminal laws. At the domestic level, the attitudes of penal entrepreneurship and institutional arrangement showcase the multifaceted state’s rationality in deciding a treaty design in criminal law cooperation.
THE RISE AND THE FALL OF THE JURISDICTION OF INDONESIA'S ADMINISTRATIVE COURTS: IMPEDIMENTS AND PROSPECTS Simanjuntak, Enrico Parulian
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to the Administrative Court jurisdiction. In this paper, I will discuss to what extent the Administrative Courts have indeed changed, survived, and improved the administration of justice in their field. I will first provide a short overview of the original jurisdiction on the Administrative Court Act (ACA), followed by an analysis of the legal impact of the enactment of the Government Administration Act (GAA) and other relevant Law and Regulation. This paper demonstrated that Administrative Court jurisdiction expansion urgently required harmonization between the ACA and the GAA: the existing legal gap has been not sufficiently filled by the Supreme Court Regulation (SCR) or Supreme Court Circular (SCC).
FREEDOM OF SPEECH AND THE ROLE OF CONSTITUTIONAL COURTS: THE CASES OF INDONESIA AND SOUTH KOREA Chakim, M. Lutfi
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to institutionalizing freedom of speech as a permanent fixture of democracy by keeping the state institutions transparent and making the state responsive to public opinion and criticism. Although freedom of speech is not an absolute right and can be limited, the limitation should be done only under strict conditions, where it is required and proportionate. When dealing with freedom of speech cases in any future judgments, the Constitutional Courts should consider the proportionality test against State arguments. This method would allow the Courts to determine the limitation in freedom of speech cases.
HOW TO DESIGN GENETICALLY MODIFIED FOOD LABELING REGULATION IN INDONESIA - TAKING SCIENCE, TRADE LAW, AND INDONESIAN DEMANDS SERIOUSLY Wahidin, Dasep; Purnhagen, Kai Peter
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The paper critically evaluates the current Indonesian genetically modified (GM) food labeling regime as it is embedded in the international trade law and policy system. This research proposes a GM food labeling regulation for Indonesia based on the socio-economic demands of Indonesia on the one hand and the demands of international trade law and policy on the other. It answers the following research questions: What are the legislative requirements for labelling of genetically modified organisms (GMOs) according to Indonesian law? How should Indonesian law on GM food labelling be designed to meet the interests of its peoples and provide access to foreign markets? We highlight the major weaknesses of the Indonesian GM food labelling law from the perspective chosen in this paper, such as the dependence on regulation from bigger trading blocs, lack of consideration for the socio-economic characteristics of Indonesia, and a low level of compliance. To overcome these shortcomingss, we propose a novel GM food labeling regulation for Indonesia that is based on the concept of Food Safety Objective/Appropriate Level of Protection (FSO/ALOP) applicable to developing countries.
THE POTENTIAL EFFECTS OF PIRACY ON THE ART-CRAFT INDUSTRY: A COMPARATIVE ANALYSIS OF NIGERIA AND INDONESIA Anele, Kalu Kingsley
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the availability of art-crafts, cultural heritage, and cultures but also coastal states that rely heavily on shipping for their economic development. The existence of art-crafts and cultural heritage also means that there are thriving tourism sectors and creative industries in both countries. Nonetheless, the spate of piratical attacks off the waters of Nigeria and Indonesia potentially threatens the economic and sociopolitical significance of art-craft, particularly in the exportation of art-craft items and the importation of materials for art-craft production, in both countries. Moreover, piracy threatens logistics in tourism in both countries, which depends on the art-craft industry for its sustenance. Also, piratical acts threaten the transportation of foreign tourists visiting tourist destinations in Nigeria and Indonesia. Thus, it becomes imperative to secure the transportation of people and art-craft items and materials through the sea to Nigeria and Indonesia. The paper argues that similar antipiracy measures can contribute to preventing piracy from affecting the art-craft industries in Nigeria and Indonesia, like strengthening piracy legal and institutional regime and cooperation among relevant stakeholders, especially neighboring countries, maritime organizations, and the shipping industry. The paper concludes by reiterating that though piratical attacks against vessels transporting art-craft items and materials have not been recorded, the incessant piratical acts off the waters of Nigeria and Indonesia suggest that attacks on vessels involved in the art-craft industry are imminent, and therefore, should be nipped in the bud.
DESA ADAT PROVINCIAL LAW: EXISTENCE STRENGTENING OR POWER FLEXING? Apriani, Luh Rina; Erliyana, Anna
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat in Siak Regency, to compel the villages in their area to meet the criteria as Indigenous Villages as mandated by the Desa Law. The Regional Regulation of the Province of West Sumatra Number 7 of 2018 concerning Nagari shows political debate to fulfill the mandate of the Village Law, which is criticized as large among the minimal nuances of custom and culture. Bali, which has been living in a circle of the existence of Desa Adat and Desa Dinas, has also examined the responses to the existence of the Desa Law drawn from discussions and discourses on village integration and/or village elections. In the midst of this process, the Provincial Law of Bali Province No. 4 of 2019 was published in the Adat Law (Perda Desa Adat). This paper will show that the Desa Adat Law, which is rich in nuances of customs and culture, was not published to fulfill the mandate of the Desa Law, but instead strengthened the existence of Desa Adat in Bali. This Perda has revised traditional and official relations in Bali by giving more space to the Customary Villages to work together with the Dinas Desa in synergy to empower the community within the philosophical framework of the Balinese people. The effectiveness of this regional regulation needs to be tested to prove the authority of the Desa Adat and Desa Dinas in Bali.

Page 2 of 24 | Total Record : 239

 1   2   3   4   5 

Filter by Year

2011 2022


Reset
Filter By Issues
All Issue