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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 11 Documents
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Search results for , issue "Volume 7, Issue 1 January 2023" : 11 Documents clear
Indonesian Cryptocurrencies Legislative Readiness: Lessons from the United States Hanif Nur Widhiyanti; Safinaz Mohd Hussein; Ranitya Ganindha
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2138.pp150-172

Abstract

Cryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule” and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change.
Sustainable Infrastructure Legal Policy in Indonesia: A National Strategic Project Approach for National Development Maret Priyanta; Cut Sabina Anasya Zulkarnain
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1108.pp1-18

Abstract

Infrastructure development is the top priority of the Indonesian government. The development of transportation network infrastructure is expected to support the growth of national and international economies by connecting regions and opening public and commodity access. The new integrated growth cities were developed to reduce the burden of Jakarta as the central government and economic national centre. Legal aspects become one of the main issues in realising government politics in developing infrastructure. The national strategic project approach became a mechanism to connect a new development centre, such as the Metropolitan Bandung Area, through infrastructure development. However, its implementation requires a legal and regulatory basis with various technical, social, and economic considerations, including anticipating its environmental impact. This research paper aims to give an academic review of the problem of infrastructure development in Indonesia. The normative legal approach is based on the law's theory, concepts, and principles by considering the technical aspects to develop alternative solutions to provide legal certainty in developing infrastructure in Indonesia. The rules for spatial planning are a key issue in developing infrastructure related to random locations and land acquisition. This conflict becomes a major obstacle in developing new primate cities in Indonesia.
A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices Nur Rochaeti; Mujiono Hafidh Prasetyo; Umi Rozah; Jihyun Park
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1919.pp87-104

Abstract

The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.
The Community Empowerment Policy to Lead A Clean and Healthy Life in Indonesia Rr. Herini Siti Aisyah; M. Hadi Shubhan; Nur Basuki Minarno; Siswanto Siswanto; Sudarsono Sudarsono; Siswandi Hendarta; Raissa Virgy Rianda; Rama Azalix Rianda; Ahmad Munir; Heru Irianto
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1367.pp173-188

Abstract

Clean and Healthy Living Behavior (CHLB) is influenced by some factors such as knowledge, attitudes, economic status, and supports from health and social officers. Increasing the knowledge of CHLB in the household structure is very important. The regulation on Health Development Program concerns the guidelines for implementing healthy Indonesian programs with a family approach. Several obstacles involved the queue of patients, doctors, installation and emergency room, and working hours. This study aims to examine community empowerment policies for clean and healthy living behaviours, which are expected to be a solution to restrictions on several aspects of health facilities, increasing population and demands better service quality. The research method uses a socio-legal qualitative approach. Supporting Legal is collected. Field research is also conducted. In-depth interviews and FGDs carried out data collection. This study concludes that community empowerment is carried out using an educational approach involving community and religious leaders. Community empowerment aims to develop community knowledge and skills, use health facilities, and create health institutions that originate from the community. Critical awareness must be built by forming a Clean and Healthy Community Movement group to give the community a CHLB. Empowering people to live clean and healthy lives takes a long time and consistently. For this reason, there is a need for legal instruments that must be enforced strictly and with wisdom.
Internet Shutdown in Indonesia: An Appropriate Response or A Threat to Human Rights? Iwan Satriawan; Tareq Muhammad Aziz Elven; Tanto Lailam
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1018.pp19-46

Abstract

In recent years, there has been an increase in the use of harsh censorship in several parts of the globe, notably Africa and Asia. In some cases, the shutdown may be justified, but in other cases, it is driven by the political interest of the regime. The research evaluates the Internet shutdowns in the post-2019 presidential election in Indonesia and during the social unrest in Papua Island. Using normative legal research, which uses statute, case, and comparative approach concludes that although Internet shutdowns in some situations are tolerable, their usage should be less frequent and more restricted. These explanations must be examined using legality, legitimacy, and proportionality principles to limit official arguments for Internet shutdowns because they infringe on human rights. However, since no enforcement mechanism exists, this is only a formality. The Indonesian government's decision to block Internet access to social media platforms during the 2019 presidential election riots and Papua social unrest is not an appropriate response because the decision violates the principles of declaration, proportionality, necessity, and legality, which must be respected even in an emergency situation. Furthermore, the ruling infringed on the civil rights to information controlled by Article 19 of the ICCPR as adopted by Law Number 12 of 2005. It also harmed several industries, including digital-based commerce. The research proffers alternative Internet policy choices for the government in response to the political escalation and social unrest.
State-Owned Enterprise’s Debt in the State Financial Regime Hidayatulloh Hidayatulloh; Éva Erdős
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1843.pp105-120

Abstract

Several Indonesian State-Owned Enterprises (SOEs) have had very high debts recently. Several reasons, such as government assignment projects, the impact of the Covid-19 pandemic, and corrupt management behaviour, have caused the increase in liability. There is a fierce debate among academics and legal scholars regarding whether the SOE’s debt is state debt. A state company is an independent legal entity separate from the state and obtains capital from separated state assets. Besides, the state, as the majority shareholder, assigns SOEs to projects that support government programs even though they are not profitable. In addition, several SOEs often receive State Equity Participation to survive bankruptcy caused by running out of capital or large debts. This paper will analyse the country's debt status from the perspective of public finance by taking the case of Indonesia. Moreover, it will explore the theoretical and empirical aspects of SOE’s debt from a state finance point of view. This study will use doctrinal legal research to interrogate the law as it is and should be. Although this research concludes that SOEs' finances are a state financial regime, the supervision of SOEs is not Government Judgment Rules but Business Judgment Rules. SOE's debt is the responsibility of SOE as a corporate legal entity. In the case of Indonesia, the government often rescues SOEs that have failed to pay their debts through State Equity Participation and/or privatisation while maintaining most state ownership shares, for instance, Garuda Indonesia, a national airline. Finally, state accountability for SOE's debt only occurs indirectly because of the financial separation between the state and companies. The Indonesian government saved Garuda Indonesia's finances to protect national assets and continue to control vital businesses. However, the state must also reform the management of SOEs so as not to harm state finances by upholding good corporate governance and preventing fraud and corruption.
Cyber Notary as A Mean of Indonesian Economic Law Development Ikhsan Lubis; Tarsisius Murwadji; Sunarmi Sunarmi; Detania Sukarja
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1972.pp62-72

Abstract

This paper tries to show how Indonesian economic law has evolved via the emergence of the cyber notary idea. Notaries engage in various everyday tasks and activities in the fantastic world development, such as giving the clients the finest service possible and impacting the economy. According to the law, notaries are required to be able to help and support anyone who requires genuine written documentation of legal situations, events, or activities. This study employs qualitative approaches and descriptive analysis. Additionally, researchers are interested in the phenomenon that examines the idea of a cyber notary as a way to advance Indonesian commercial law. Qualitative research aims to conduct extremely thorough investigations that examine the research's findings in great detail. Both primary data and secondary data are employed as sources of information. The findings demonstrate that cyber notary adds value to electronic documents by legalising them, for example, in addition to digitising notarial operations. However, because many aspects need to be ready, its implementation will take some time. Article 1868 of the Indonesian Civil Code stipulates that a genuine deed is a deed in a certain form that has been prescribed by law and is made before a public authority.
Does International Law Acknowledge Restorative Justice? Sulbadana Sulbadana; Haniyatul Husna binti Md Mohtar; Andi Intan Purnamasari; Supriyadi Supriyadi
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2130.pp121-134

Abstract

Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.
Single Shareholder Company in Africa, America and Australia: A Comparative Analysis Salah Mohammed Almasabi; Hasai Mohd Ali; Hazlina Shaik MD Noor Alam
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2142.pp47-61

Abstract

Single Person Companies (SPCs), known as One-Person Companies (OPCs), are a revolutionary concept and a new invention in the field of international company law. This study aims to investigate the meaning of OPC and how it is used in three different continents, namely Africa, America, and Australia, focusing on legal entity, OPC incorporation process, minimum share capital, nominee appointment, and OPC conversion. The researchers used the doctrinal data collection method to study relevant journals, articles, books, papers, and internet sources. When choosing the sample States, the researchers use the Gross Domestic Products (GDPs) as a methodological yardstick. According to the findings, only a natural person may form an OPC in some jurisdictions, such as Caledonia and New Zealand. The ability of both natural and legal persons to incorporate OPC has been made explicit in nations including South Africa, Nigeria, Algeria, and Argentina. The outcome further illustrates that in nations like the USA and Caledonia, only citizens of such nations or individuals who are residents of New Zealand are eligible to incorporate OPC. The minimum share capital for creating an OPC should be reasonable to enable the lower class to establish OPC and fully control the business.
Indonesia’s Contra-Productive Regulation against the Rights of Unskilled Workers for Balinese in New Zealand Desak Putu Dewi Kasih; Ida Bagus Wyasa Putra; Lukas Banu; Ida Bagus Erwin Ranawijaya; Ida Bagus Aswin Pranawa Sidhi
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2119.pp135-149

Abstract

New Zealand relies heavily on its agricultural industry. There are over 4,150 cultivators in the horticultural sector. They require the cooperation of foreign workers. Some of them were recruited from Indonesia, where most of the labour force is poor and unskilled. This research is conducted to analyse the compatibility of legislation and policy in Indonesia and New Zealand. So, they may enjoy their rights and possibilities for choosing, acquiring, or migrating from one work to another and earning a fair salary, whether domestically or internationally. Based on the contextual law method, it has been concluded that New Zealand’s laws provide excellent regulations for such enjoyment. Regarding the equal enjoyment of their fundamental employment rights, Indonesian Law and policy have failed to meet the needs of employees. This article demonstrates the Indonesian and New Zealand legal systems’ capacity and the need for Indonesian Law to be reconstructed to fulfil workers' demands.

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