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INDONESIA
Sriwijaya Law Review
Published by Universitas Sriwijaya
ISSN : -     EISSN : -     DOI : -
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 7 Documents
 1 
Search results for , issue "VOLUME 1, ISSUE 2, JULY 2017" : 7 Documents clear
The Enforcement of Criminal Law in the Utilization and Management of Forest Area Having Impact Toward Global Warming Ifrani Ifrani; Yati Nurhayati
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.40.pp157-167

Abstract

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.
The Implementation of Non-Refoulement Principle to the Asylum Seekers and Refugees in Indonesia M. Alvi Syahrin
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.41.pp168-178

Abstract

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.
The Role of Public Notary in Providing Legal Protection on Standard Contracts for Indonesian Consumers Deviana Yuanitasari
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.43.pp179-190

Abstract

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.
Legal Status of Credit Bank Guarantee in Indonesia’s Legal Guarantee Erma Defiana Putriyanti
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.38.pp128-141

Abstract

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.
An Analysis of the Death Penalty in Indonesia Criminal Law Eddy Rifai
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.44.pp191-200

Abstract

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.
The Application of Article 359 of the Criminal Code In the Investigation of the Death of Post-Operative Patients (Juridical Analysis: Case of the Death of Three Patients in the MHP Hospital, Lampung) I Ketut Seregig
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.39.pp142-156

Abstract

The incident of the death of three post-operative patients in a line at the MHP hospital, Lampung on April 5, 2016 had emerged the decline of public confidence toward hospitals, both public and private hospitals. The symptoms in the patients’ body before they died were convulsed and decreased consciousness. Based on dr. AA, Sp.An., if post-operative impact occurs, then a person who takes responsibility is an anesthesiologist. This means that responsible for the death of these patients was the doctor who performed anesthesia before the operation. All three patients, who died after operation in MHP Hospital, respectively, were Mr. RM suffered from varicose; Mr. S the patient with a tumor in the left leg calf; and Mrs. DP who performed a caesarean section. These patients underwent a convulsion and decreased consciousness after operation, although the anesthesiologist had tried to save their life. Yet, these patients died. During the operation, the doctor had operated with the use of Standard Operating Procedures. Based on the information from the Chairman of IDI  and the Chairman of MKEK, they said that dr. EP, Sp. An. As the anesthesiologist had done the right procedures in doing anesthetic injection to these patients. During the investigation process conducted by the Regional Police of Lampung, toward dr. EP, Sp. An., he was presupposed in violation of Article 359 of the KUHP which stated "whoever due to his negligence has caused another person's death, will be sentenced with a maximum imprisonment of five years." In a juridical study over Article 359 of the Criminal Code committed by the writer in the cases described above, it can be concluded that the element of "negligence" as the main requirements of this article “is not fulfilled”. Thus, this article applied in this case does not meet the main requirement of criminal elements which is presupposed, and the investigation process is terminated.
The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System Abdullah Gofar
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.37.pp114-127

Abstract

The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek) and formal law/civil procedure (HIR and Rbg), prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak) which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

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