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
141 Documents
<![CDATA[TRADE LIBERALIZATION AND CONSUMER VULNERABILITY: A LEGAL FRAMEWORK ON LEGISLATIONS AND TESTING MECHANISM FOR ASEAN PRODUCT SAFETY DIRECTIVE ]]>
<![CDATA[Syed Sagoff Alsagoff]]>;
<![CDATA[Rahmah Ismail]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss1.6.pp001-026
<![CDATA[Since its inception in 1967 ASEAN has advanced in great leaps in the economic sector luring new member states into its pact. From a mere five member states (Malaysia, Indonesia, Thailand, Singapore and the Philippines) ASEAN has today managed to entice five other neighbouring states (Brunei 1984, Vietnam 1995, Laos & Myanmar 1997, Cambodia 1999) into its pact transforming itself into union of ten member states with a consumer population expected to exceed 600 million people. In order to ensure sustainability amid global challenges, member states have engrossed ASEAN Charter in 2007 with a view of creating an ASEAN Economic Community by 2015 that is robust, competitive and sustainable. At this juncture, ASEAN has to realize that like any trade liberalization initiatives, goods moved readily and freely throughout the free-trade area that is facilitated by a lucrative non-barrier tariffs incentives. This vision of a single market which creates a frontier without borders can prove to be advantageous to member states only if they have the required vehicle that is able to overcome the drawback of its progression through harmonization and synchronization efforts that is effective and successful. Like everything else, every advantage has some disadvantages attached to it. This article will address important determining factors that are crucial in the development and scope of proposed ASEAN Product Safety Directive including reviewing relevant determining factors such as regional stability, consumer protection legislations and standard and testing agencies of which one without the other will be incomplete. The proposals suggested in this article will strengthen and unite ASEAN in overcoming unsafe product issues at ASEAN level.]]>
<![CDATA[The Enforcement of Criminal Law in the Utilization and Management of Forest Area Having Impact Toward Global Warming ]]>
<![CDATA[Ifrani Ifrani]]>;
<![CDATA[Yati Nurhayati]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss2.40.pp157-167
<![CDATA[The rampant corruption is in the utilization and its influence on global warming. It is expected in the future, in addition to the availability of maps of forest area easily accessible with some clear regional boundaries, there are also institutional and human resource capacity strengthening in the areas permitting the process to prevent corruption in the management of forest areas in Indonesia resulted in the destruction of natural resources, especially forests. Various activities in that sector become a critical point of the occurrence of corruption cases. In addition to the inadequacy of the forest area maps, unclear set of area boundaries, and the violations of licensing criteria, the cases of illegal logging become the factors that cause damages to the forest land in Indonesia. The purpose of this paper is to find out the relationship between corruption in the permitting conversion of forest land field of the ministry. The method used in this study was descriptive analytical research describing and analyzing the available facts in accordance with the issue that became the object of the research study.]]>
<![CDATA[LEGAL PROTECTION AGAINST WOMEN VICTIMS BY THE INDONESIAN DOMESTIC VIOLENCE ACT 23, 2004 ]]>
<![CDATA[Hanafi Arief]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss1.12.pp110-121
<![CDATA[Domestic Violence, particularly against women is a social phenomenon which tends to increase from year to year and even from day to day. Many countries enacted special legislation to protect women from domestic violence based on the United Nation Declaration on the Elimination of Violence Against Women (CEDAW). Indonesia adopted the conventions based on the Indonesian Act No. 7 of 1984 on the Convention on the Elimination of All Forms of Discrimination against Women, and issued Presidential Decree No. 9 of 1998 concerning the Commission on Violence against Women. Indonesia then enacted special legislation on domestic violence in 2004, namely Domestic Violence Act 23, 2004. This paper aims to understand how the Domestic Violence Act 23, 2004 protects women victims of domestic violence. The sources of law study are the basic rules and regulations, international conventions which have binding force legally. This is a library research using normative judicial approach, and the analysis is descriptive qualitative. The legal protection of women victims of domestic violence is an obligation, especially for countries that uphold human rights, because of the domestic violence constitutes crimes against humanity that are outstanding. This crime happens at any time either known or not, so it is described as an iceberg phenomenon. In addition, because this matter is private, many people do not want to intervene the matter. The strong culture of not interfering ones’ affairs also influences the police in law enforcement. Police often gives less respect for the report of the victims, and even ask the victims to go back to her husband or family]]>
<![CDATA[THE PROTECTION OF CONSUMER RIGHTS FOR AVIATION SAFETY AND SECURITY IN INDONESIA AND MALAYSIA ]]>
<![CDATA[Annalisa Yahanan]]>;
<![CDATA[Febrian Febrian]]>;
<![CDATA[Rohani Abdul Rahim]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss1.7.pp027-043
<![CDATA[Indonesia and Malaysia have a good potency for cooperation in aviation industry. It can be seen in the establishing two aviation companies namely PT. Indonesia Air Asia and Malindo which both are low-cost carrier. These aviation industries are categorized as low-cost carrier, however safety and security are absolute factors because these are rights for consumers. This article will describe further about safety and security standard; protecting the rights for consumers in connection with safety aviation in Indonesia and Malaysia from the Consumer Protection Law and the Aviation Law. As a result of the research shows that safety standard passenger for air transportation in airport covers information and safety facility in the shape of availability of the emergency safety tools (fires, accidents and natural disasters); information, area and health facility; and healthcare workers. Moreover, safety standards for passenger in an aircraft include information and safety facility in the shape of availability information and the emergency safety tools for passenger in an aircraft. The protection for consumer rights for safety flight in Indonesia as follows: aviation industry has obligation to fulfill minimum standard of safety and security; consumers must be safety from false information which raises concern; aircraft operation which endanger of the passenger; and consumer protection in operating the electronic device which endanger flight. On the other hand, the law of consumer rights in Malaysia relating to aviation are ruled under the Aviation Law as a result of the Warsaw Convention 1929. In conclusion, the verdict of consumer rights related to security aviation begins when the passenger enter to an aircraft, in the aircraft, and by the time they get off the plane.]]>
<![CDATA[The Implementation of Non-Refoulement Principle to the Asylum Seekers and Refugees in Indonesia ]]>
<![CDATA[M. Alvi Syahrin]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss2.41.pp168-178
<![CDATA[The expulsion of refugees, either by the state party or by the non-state party to the 1951 Refugee Convention or countries has protracted the refugees’ suffering. Some countries which are the parties to the 1951 Convention even drive out the refugees to outside their national territory for reasons that the refugees were threatening national security or disturbing public order in the country. In the discussion, it is found that firstly, the principle of non-refoulement is a jus cogen and has become customary international law. The non-refoulement principle has legal binding power to both the State party and the non-State party to the 1951 Refugee Convention. Secondly, according to Article 32 paragraph 1 of the 1951 Convention, the implementation of the principle of non-refouelement is not absolute. Exceptions can only be made if the refugees concerned become a threat to national security and disturb public. Thirdly, Indonesia has not yet the State Party to the Refugee Convention of 1951 but Indonesia is subject to the principle of non-refouelement. This is because (i) Indonesia has ratified the Convention against Torture, the Fourth Geneva Convention Relative to the Protection of Civilian Person in Time of War and the ICCPR/International Covenant on Civil and Political Rights (set on the principle of non-refoulement), (ii) the obligation of the state to rule of customary international law (based on the moral and ethical aspects of the enforcement of international law), and (iii) there is legal instrument issued by the government related to the principle of the principle of non-refouelement; Fourth, there is no written sanctions imposed on Indonesia if violations of international law are with regard to the refugee problems.]]>
<![CDATA[THE TRAJECTORY OF INDIGENEITY POLITICS AGAINST LAND DISPOSSESSION IN INDONESIA ]]>
<![CDATA[Noer Fauzi Rachman]]>;
<![CDATA[Hasriadi Masalam]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss1.13.pp122-142
<![CDATA[Under the New Order authoritarian regime, the state endorsed terra-nullification of the customary territories had been the basis for the stipulation of state forest (hutan negara).After the fall of the General Suharto led regime in 1998 generated a new phase for the struggles of the customary groups in different parts of the archipelago. This article examines the rise of indigeneity and counter-hegemonic indigenous legal maneuvering spearheaded by Aliansi Masyarakat Adat Nusantara (AMAN) against ongoing land dispossession in Indonesia since the fall of New Order authoritarian regime which includes the indigenous mobilizations (strategy, organization and tactics) in the post-authoritarian country, including the avenue of new types of legal activism when it comes to the creative destruction of global capitalism today. It focuses on two modes of policy advocacy and campaign against land dispossession: (a) the production of the Constitutional Court Ruling No. 35/PUU-X/2012, a new legal landmark that establishes the constitutional norm of the citizenship status of Indonesian indigenous peoples (masyarakat hukum adat) as rights bearing subjects, and the owners of their customary territory; and (b) the National Inquiry on Indigenous Peoples’ Rights held by the Indonesian National Human Rights Commission (Komnas HAM). The discussion describes The Colonialism of ‘State-Izing’ Customary Communities’ Territory, Contemporary Indigeneity Politics in Indonesia, Counter-Hegemonic Indigenous Legal Maneuvering, Judicial Review against The1999 Law No. 41on Forestry, National Inquiry on Indigenous Peoples’ Rights, and Connecting Counter-Hegemonic Indigenous Legal Maneuvering with the Grassroots Struggles which focuses on Mobilizing at Multiple Scales. It is concluded from this article that the efficacy of legal struggles is very much depend on the capacity to connect with the grassroots mobilization by continuously promulgating the resurgence of indigeneity politics against the destructive impacts of corporatized state under the servitude of global capitalism, the indigenous movement constituents in Indonesia]]>
<![CDATA[RESEARCH-BASED ENVIRONMENTAL LAW: THE DEBATE BETWEEN ECOLOGY VERSUS DEVELOPMENT ]]>
<![CDATA[Irwansyah Irwansyah]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss1.8.pp044-066
<![CDATA[Nowadays, economic growth continues to be driven not followed by equity and justice compliance.Cases of natural resources looting, pollution and environmental destruction, forest fires and illegal mining, as well as the neglect of the rights of indigenous peoples, into a series of major issues and need study are not limited to mono-discipline approach. A research in the field of management and protection of natural resources and environment are more important to be used as a basic study was a paradigm shift from all stakeholders and policy-makers to synergize the importance of ecological with various dimensions. To realize the balance of ecological and development (economic) interests, have been used a wide variety of approach to environmental management in Indonesia, includes, command and control, self-regulation, voluntarism, education and information instruments, and economic instruments. As it turns out in practice, however it needed more consistent policies in applying the principles of sustainable development for the control and utilization of environmental resources.]]>
<![CDATA[The Role of Public Notary in Providing Legal Protection on Standard Contracts for Indonesian Consumers ]]>
<![CDATA[Deviana Yuanitasari]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss2.43.pp179-190
<![CDATA[Public Notary is needed in conducting businesses of varying sectors. For example, people who want to own a house through a bank with House Ownership Loan (Kredit Pemilikan Rumah - KPR). Quite similar to a purchase of common loan contracts, the purchase of KPR contract is formulated into a standard contract. Its contents and clauses have been previously prepared by the bank. Then, bank customers as debtors only have the option to accept the entire contents and clauses of the KPR contract, otherwise they will not be granted KPR loan. As the consequence, the position of banks as lenders and customers as debtors are never equal. Debtors are powerless and have to comply with the content of the contract. This research discusses the protection given by notary in the drafting process of standard contract based on Law No 8 of 1999 on Consumer Protection (Undang-Undang Perlindungan Konsumen - UUPK) and Law No. 2 of 2014 on the Rules of Notary Profession (Undang-Undang Jabatan Notaris - UUJN). The result of the study showed that a public notary has a strong foundation to protect consumers’ rights according to the UUPK. An application of this, among others, the notary’s refusal has to include the entire content of the KPR agreement into a deed before s/he could examine whether the two parties of the agreement occupy an equal position and have proportionate power. For instance, in the transfer of responsibility clause from a bank as a business owner – a notary is entitled to advise the bank that its activity has violated the UUPK. If the bank insists that the clause is instructed by its central bank, the notary can help explain that the revision of the clause will help the Bank avoid the violation of UUPK.]]>
<![CDATA[Legal Status of Credit Bank Guarantee in Indonesia’s Legal Guarantee ]]>
<![CDATA[Erma Defiana Putriyanti]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss2.38.pp128-141
<![CDATA[The aim of this research is to analyze about the legal status of the letter hiring as collateral for bank loans in the Indonesian security law. The method of this research is a normative juridical. The results of this research indicate that the decree hiring is not included in the objects that can be bound by pledge, fiduciary, and mortgage then hiring decree hiring is not included in the personal guarantee and corporate guarantee. Although the hiring decree is issued by a legitimate institution, the institution is not bound by an agreement between the debtor debts with the bank but when the decree was used as security for the bank. Hiring letter is not also included in the general collateral. Decree hiring is not an object and does not qualify as material that can be used as general collateral. The conclusion of this research is that the position of the decree hiring as collateral for bank loans is a new form of guarantee which is not included in the general guarantees and the specific ones. This shows that the system of legal guarantees in Indonesia is not pure anymore embrace a closed system, but has started shifting into an open system.]]>
<![CDATA[CLIMATE CHANGE AND COMMUNITY ENVIRONMENTAL CONFLICTS: ARE THEY CORRELATED? ]]>
<![CDATA[Achmad Romsan]]>;
<![CDATA[Farida Ali]]>;
<![CDATA[Akhmad Idris]]>;
<![CDATA[Adrian Nugraha]]>;
<![CDATA[Nurhidayatuloh Nurhidayatuloh]]>;
<![CDATA[Suzanna Mohamed Isa]]>
<![CDATA[ Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Sriwijaya University, Indonesia ]]>
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DOI: 10.28946/slrev.Vol1.Iss1.9.pp067-079
<![CDATA[Climate change and global warming affect major change in freshwater availability and season uncertainty which hamper all part of the globe. Although the phenomenon is not new but it needs concerns from all the government of States around the world to address the problem. If notthe drought and water shortages will directly and indirectly be the world problem and finally will ignite conflict over resources.Pollution and environmental degradation will also affect the sustainability of community’s economic activities. In Indonesia, since the enforcement of the first Environmental Management Act of 1982 up to the third Environmental Management Act of 2019, there have been forty one conflicts involving community and industries and palm plantation companies. All the conflicts are brought before the courts. Herein, industries and plantations are blamed for responsible for river water pollution and environmental degradation. Unfortunately, there is very little information in Indonesia obtained from the research reports, journals, news papers, magazines whether climate change and global warming also responsible for the occurrence of community environmental conflict. From the second data sources obtained from outsite Indonesia it is found that there is a link between climate change and community environmental disputes. The objectives of this paper tryto examine whether the cases submitted and solved by the District Courtsalso have some connection with the climate change phenomenon. Other objectives are to recommend to the Government of Indonesia to strengthen the existing regulations dealing with the climate change]]>
