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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
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CAUSES AND CONSEQUENCES OF THE WAR ON MARIJUANA IN INDONESIA Pangaribuan, Aristo Marisi Adiputra; Manthovani, Kelly
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This article argues that the current narcotics law regime is a factor to blame for the cause of prison overcrowding and unnecessary deprivation of liberty and dignity for its violator with the help of criminal justice tools. Multi-layer category of drug users introduced by the current narcotics law is leaving too much discretion for the law enforcement agency to criminalize marijuana user. Data shows that in Jakarta and Surabaya court alone, all marijuana users are charged with multiple articles and leaving no room for them to escape from a draconian sentence. This paper questions the repressive enforcement used by the Indonesian apparatus specifically on marijuana because it leads to other issues bigger than the personal use of marijuana itself. In the end, this article is proposing the change of legislation in marijuana law while at the same time taking the nature of political conservatism in Indonesia into account.
POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA Mulyati, Nani; Santoso, Topo
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they have critical function in the democratic political process as acknowledge by the constitution. This paper examines the position of a political party in their criminal liability, whether they can be prosecuted, and sanctioned. In order to do that the scientific methodology used for this research is doctrinal legal research, scrutinizing some theories, regulations, and legal cases, and analyzing some legal theories on corporate legal personalities. It examines regulations and cases that describe the conditions when a political party can or cannot be prosecuted as political parties. It is concluded that political parties do have some peculiarities that ordinary private corporations do not, such as the important roles they play in constitutional life as they can contest election results and hold power in the government. Some countries treat political parties differently when it comes to criminal law. This research will provide valuable information for judges, other law enforcement officers, and academia in understanding the position of political parties in criminal liability.
THE MANDATORY USE OF NATIONAL LANGUAGE IN INDONESIA AND BELGIUM: AN OBSTACLE TO INTERNATIONAL CONTRACTING? Penasthika, Priskila Pratita
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Law Number 24 of 2009 on National Flag, Language, Emblem, and Anthem of Indonesia requires that any contract involving an Indonesian party must be drafted in Indonesian. In applying this law, the Supreme Court of the Republic of Indonesia, in Nine AM v. PT Bangun Karya Pratama Lestari judgment, annulled a loan agreement because it was considered to violate the language requirement. Although claiming to strengthen the use of Indonesian language in a contract, this judgment underscores a potential risk of voidance a foreign party face in entering into an agreement drafted in a foreign language when contracting with an Indonesian counterparty. On the other side of the hemisphere, the Court of Justice of the European Union in Anton Las v. PSA Antwerp NV and New Valmar BVBA v. Global Pharmacies Partner Health Srl drew the public attention to the obligation to use Dutch in employment contract and company documents as imposed in the Dutch-speaking region of Belgium. Despite Indonesia and Belgium being geographically far from each other, the abovementioned judgments underline the phenomenon that national language still plays an important role in influencing cross-border legal relations. This article seeks to explore the legal impacts of the obligation to use national language in contracts has on freedom of parties to contracting. It further argues that this obligation impedes international contracting.
Patent, Technology, and The Role of University Sardjono, Agus
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.
Legal issue on Pledge share aggrement Suharnoko, Suharnoko
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

The creditors are considered as unsecured creditors if they are relying only to article 1131 and 1132 of the Civil Code. In order to become a secured creditor, a security agreement must be made. Many financial institutions are now prefer securing its credit by pledge of shares of customer's enterprise. This article focuses on the legal issues regarding the validity and execution on the pledge share agreement
Harmonization of Islamic Law in National Legal System: A Comparative Study Between Indonesia Law and Malaysian Law Barlinti, Yeni Salma
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute settlement related to Islamic Law. The influence of western legal system is very strong in national legal system. Neverheless, the western legal system differs substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to fiamily law. While the differentitaiton are: the way of implementation of western legal system into national legal systemn and the form of legislation. Indonesia has one legislation, which is in effect to all of Indonesia people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
Mandatory Corporate Social and Environment Responsibilities in The New Indonesian Limited Liability Law Opposunggu, Yu un
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER). The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.
Human Trafficking in Indonesia: Law Enforcement Problems Naibaho, Nathalina
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low attempt of law enforcement towards legal case on this case, among others are: Lack of the Government’s commitment to fight against the crime of human trafficking, in the event that the ineffectiveness in utilization of prevailing laws and regulation; Lack of capacity of professionalism of law enforcement agency (and relevant parties) in handling women and child trafficking at the field. This may be caused by lack of knowledge on infringed regulation. For that matter, those law enforcement agency shall be given socialization and an SOP (standardized operational procedure), so that there will be no inconsistency in handling the existing cases.
CULTURE ANDINTELLECTUAL PROPERTY DEVELOPMENT IN INDONESIA Sardjono, Agus
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

The conception of Intellectual Property Right (IPR) is generally misunderstood by among common people. In order to obtain a more comprehensive understanding of IPR, we may as well start with the most dominant point of view, namely that from the perspective of the State and Government.This point of view is dominant because the State and Government are the institutions which havethe authority to make law, to implement law and to interpret the law in the various forms of itsimplementation. A study of IPR can be taken from wider view, as cultural perspectivetake the approach of looking at various events related to the implementation of the laws concerned. It also provide various situations to analyze related to the implementation of Copyright Law in various regions all over Indonesia. Within current situation, after Indonesia has ratified the WTO/TRIPs, the consequence now is binding, politically, legally and economically, although we may freely provide the needs of our people, in this case : IPR protection system. There are of course many other things in the spirit of the Constitution and the Indonesian nation that can be explored further and applied in the IPR protection system. In the end, IPR as the part of the culture can be developed further by taking into consideration and looking into possibility that much suitable to the needs of Indonesian respective communities.
STATE ADMINISTRATIVE LEGAL REVIEW ON THE BILL OF RETRACTION LAW OF CORRUPTED ASSETS IN ERADICATION EFFORT OF CORRUPTION IN INDONESIA Simatupang, Dian Puji
Indonesia Law Review
Publisher : UI Scholars Hub

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Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption. Another issue that urgently to be defined, as it also become main subject of retracting assets, is the asset itself. Indeed, as the asset which become mainly discussed about is State assets. So, it would be very necessary to clearly have a distinction between State responsibility and that of irresponsibility of the State, in order to settle down, as an after effect, many interpretations.

Page 5 of 24 | Total Record : 239

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