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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 141 Documents
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Law Enforcement Against Unreported Fishing: What Does Beyond the Catch Record? Rachma Indriyani; Asmar Abdul Rahim; Ruzita Azmi
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1032.pp189-204

Abstract

Transparency is significant in highly migratory fisheries. The reliability of the catch data is essential for decisions of internationally agreed targets. Nevertheless, the data accuracy will much depend on each state's performance. Focusing on unreported catches of migratory fish, this study highlights the Thunnus Macoyyi (Southern Bluefin Tuna) fishing in Indonesia, as this fish species had experienced for being the limelight of unreported fishing allegations. The main objective is to reveal what are the difficulties that Indonesia is facing on its responsibility to maintain the accuracy of the catch record. Accordingly, the study examines two points by applying the pure legal method and doctrinal approach. Firstly, the international legal framework towards unreported fishing by analysing three main instruments such as the UNCLOS 1982, the UNFSA 1995, and the CCSBT policies. Secondly, it examines Indonesia law enforcement as a State party of regional fisheries organisation. It argues that the international authority could not be completely extended to a State's domestic fishing area. Thus, it gives more discretion to the national law to enforce compliance. Lesson learned from the case study of Indonesia's southern bluefin tuna contributes to unreported fishing literature and allows us to expose the legal gap remained in managing highly migratory fish stocks.
Legal Protection of Work Safety Crimes Victims In Indonesia Hamonangan Albariansyah; Topo Santoso; Eva Achjani Zulfa
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1363.pp24-40

Abstract

Between 2014 and 2018, the Indonesian Ministry of Manpower recorded 89,625 cases of work accidents, and 1,193 of them resulted in death. During this period, 34,075 companies were reported for alleged work safety crimes. From the 2,074 cases, only four have been sentenced to prison. The most interesting issue is that the victims of work safety crimes do not get any kind of restitution or even compensation. This article aims to investigate the legal protection for victims of work safety crimes from the criminal law perspective. The method used is normative qualitative research on primary data, such as work safety legislation, the Criminal Code, and criminal court decisions. As a result, the work safety law stipulates that the purpose of law enforcement on work safety is recovery for victims, repairs and prevention. They are carried out to protect the public interest. Work safety regulations also regulate the qualifications of actions categorized as work safety crimes. Unfortunately, the regulation does not provide a mechanism for resolving work safety crimes. So that the settlement of work safety crimes relies on the general criminal justice system that adheres to retributive objectives in law enforcement. The purpose of law enforcement on work safety cannot be applied because victims do not get restitution or compensation. Thus, to obtain legal protection in accordance with the objectives of law enforcement on work safety, the alternative solution is a criminal policy to establish a special criminal mechanism for the settlement of work safety crimes.
Can Judges Ignore Justifying and Forgiveness Reasons for Justice and Human Rights? Oksidelfa Yanto Yanto; Imam Fitri Rahmadi; Nani Widya Sari
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1054.pp122-142

Abstract

In the criminal law system in Indonesia, there are two reasons why an individual suspected of having committed a crime must be released. These two reasons are justifying and forgiveness reasons. In practice, these two reasons are linked to the elimination of criminal acts based on legal justice and human rights. This article discusses the legal consequences when the judge rejects the justifying and forgiveness reasons that can eliminate the sentence. The method used in this research is normative juridical by analysing norms, principles and rules of law with a case approach. As a result, this research shows that judges in practice have the authority given by law to determine whether an action can be categorised as justifying and forgiveness reasons that eliminate punishment by referring to the principles and legal regulations for justice and human rights. However, when the judge ignores these two reasons due to considerations of lack of justice and respect for human rights, this practice can be carried out by the judge with the consequence that this decision will cause harm, suffering and misery for the accused. This article argues that to protect the public interest from wrong decisions is necessary to reform the Criminal Procedure Code (KUHAP) to provide objectivity, honesty, and justice that rely on legal principles and rules.
Society 5.0: A New Challenge to Legal Norms Nabeel Mahdi Althabhawi; Zinatul Ashiqin Zainol; Parviz Bagheri
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1415.pp41-54

Abstract

Society 5.0 is a new term used to indicate the future world. This society is based on ubiquity, learning machines, the internet of things, big data, cloud computing, cryptography, and biometrics. All these technologies will be merged to create a new mode of life. The new way of life will inevitably influence human beings’ values, concepts, and conduct. The result of these changes will consequently bring challenges to many legal areas. This paper addresses the challenges that brought society 5.0 to legal norms. It utilises the analytical approach to examine the capability of pre-existing legal norms to cope with new realities created by society 5.0. The paper analyses the legal implications of society 5.0 in their sociological context. It presents a jurisprudential vision to establish legal norms compatible with the new society. Three fundamental principles should be considered to establish new legal. First, social facts that trigger legal regulation can simultaneously occur in multiple places. Secondly, what the study called duality of legal rules will not survive in society 5.0 era. Third, the paper turns the spotlight on new intelligent systems which may introduce new law addressees.
Non-Adherence to Human Rights and Humanitarian Laws in the Conduct of Armed Conflict in Yemen Mohammed Salem Alqahtani; Rohaida Nordin; Faridah Jalil
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1459.pp143-162

Abstract

To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions of International Human Rights Law and the International Humanitarian Law resulted in the persistence of armed conflict and warfare in Yemen, thereby crossing every access road to humanitarian rights and privileges. The researchers adopt the doctrinal methodology to investigate the status of warfare in Yemen, the provisions of the law on International Human Rights and Humanitarian Law, and the extent to which the parties to the armed conflict in Yemen break such laws. The International Humanitarian Law and the International Human Rights Law regulate the conduct of actors and parties in the armed conflict both in Yemen and the world at large. The finding of this studydemonstrates that all the participants in the conflict in Yemen violate the International Humanitarian Law. Therefore, they are accountable for such violations.The research recommends strict adherence and compliance to both the International Human Rights Law and the Humanitarian Law throughout the armed conflict in Yemen to have lasting peace. Furthermore, accountability for violations committed should be identified, and all actors in the armed conflict should be punished accordingly.
The Patent System During Global Pandemic and the Access to Medications and Vaccines Fatou Diagne Mbaye; Agus Sardjono
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1233.pp55-69

Abstract

The Declaration on Trade-Related Intellectual Property Rights (TRIPS) and Public Health Agreements want to promote the balanced interpretation and implementation of its provisions and promote universal access by assisting WTO members to protect public health rights. Two years will soon pass, and the emergence of new variants of COVID-19 shows that the virus will not stop at national borders. However, vaccines are gradually entering and almost monopolised by industrialised countries. If Jonas Salk thought in the 1950s that patenting his polio vaccine was like patenting the sun, the problem appearing is that today's patent holders do not think so. The COVID-19 vaccine is owned by biotech companies, universities, research institutes or pharmaceutical companies. The purpose of this research is to analyse, through a normative juridical approach, the requirement for patent holders to protect their intellectual property rights if they are to remain competitive in the marketplace. Not to forget that they must pay patent fees as a percentage of the final price of the vaccine, which is a significant benefit to the economies of the countries where they are located. While for developing countries, the best solution would be to produce their vaccines. With industrial property rights, it seems impossible to transfer the vaccine technology on COVID-19. That is why some developing countries (South Africa and India have the support of many other developing countries) have filed a complaint with the WTO, requesting a waiver of property rights under Article 31 of TRIPS in order to produce a COVID-19 vaccine on a large scale and at an affordable price. 
Freedom of Religion and Gender Equality in Sustainable Development Agenda Khansadhia Afifah Wardana; Rahayu Rahayu; Sukirno Sukirno
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1567.pp163-173

Abstract

The implementation of Sustainable Development Goals (SDGs) often lacks in human rights perspective, although the goals themselves were created based on the human rights principles. However, further studies in development and international human rights law show that it is essential to highlight that particular relationship. As a member of the international community, states have an extraterritorial obligation to assist one another in developing and fulfilling the human rights of their people. Particularly in the field of freedom of religion or belief and gender equality, which creates a domino effect on other women's rights such as access to justice and education. Although SDG 2030 has expressed its commitment to respect, protect, and promote fundamental freedoms, including one's religion, and to achieve gender equality, the antagonistic construction between those two issues possibly harm the women’s rights movement and does not adhere to the “no one left behind” principle. The lack of recognition between those issues would be damaging and could be deemed a failure to achieve the sustainable development goals. This research was conducted through a qualitative legal analysis by analysing relevant literary sources to understand the hidden link between freedom of religion or belief and gender equality within the sustainable development agenda. Clarity of these complex elements can be beneficial in creating a tool in advocating for women’s rights, especially for those who belong to religious and belief minorities.
Asylum Seekers and Refugee Management: (Im)Balance Burden Sharing Case between Indonesia and Australia Arie Afriansyah; Hadi Rahmat Purnama; Akbar Kurnia Putra
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1145.pp70-100

Abstract

Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The “Bali process” is one of Indonesia and Australia's arrangements to lead the region in tackling forced migration and refugees. Unfortunately, despite their “common” interests, many of Australia's policies towards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nationally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indonesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by managing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.
The Urgency of Gender-Based Counterterrorism Policy Regulation in Indonesia Milda Istiqomah; Fachrizal Afandi
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1628.pp205-223

Abstract

Gender-based counterterrorism in Indonesia still has not yet obtained greater attention from policy stakeholders. The role of women in handling terrorism cases is still lacking and results in the absence of gender sensitivity. This research aims to analyse regulations regarding policies on terrorism that are spread out not only at the level of laws but also at a more technical level of regulations. This research also involves the analysis on the urgency for policy regulation for gender-based counterterrorism. This research combines both legal/juridical-normative research and juridical-empirical/socio-legal research. The results of this research indicate that counterterrorism regulation in Indonesia is still general or gender-neutral. From an institutional perspective, the institutions that handle the criminal act of terrorism, which are the National Counter-Terrorism Agency (BNPT) and Special Detachment 88 for Anti-Terrorism (Densus 88 AT), have not accommodated a gender perspective. Consequently, the involvement of female law enforcement officials is still limited. Further, the issue of “silo mentalities" among these institutions has resulted in partial counterterrorism policies that are issued by each institution. Policy stakeholders should cooperate with other government institutions and increase the involvement of women in counterterrorism strategies to ensure that counterterrorism policies integrate a gender perspective.
Gender Inequality in Social Security on the Basis of the ECtHR Case-Law Oleg M. Yaroshenko; Kostiantyn Y. Melnyk; Dmytro І. Sirokha; Olena S. Arsentieva; Irina I. Тeslikova
Sriwijaya Law Review Volume 6 Issue 2, July 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss2.1878.pp224-238

Abstract

As the European case-law shows, nowadays, there are numerous problems in the social sphere. Accordingly, there appears to be a need to study international regulation of equality and current social security problems to find possible solutions to the existing shortcomings and to strengthen human rights protection. The article aims to analyse the universal international regulation of equality and gender equality, in particular, and to study the problems of gender inequality in social security based on the European Court of Human Rights (ECtHR) case law to eliminate this discrimination. The leading research method is a legalistic one. It allowed us to analyse the international legislation on gender equality and to look into the ECtHR case law in gender discrimination in social security. It was found that gender inequality in social security is often a result of prior gender-based discrimination in labour relations. Despite the fact that legal acts protect women in cases of inequality, the analysis of the ECtHR case-law permitted us to conclude that men suffer from gender discrimination as much as women. Therefore, it is suggested to adopt legal acts on the equality of men and women in social security to overcome such discriminative practices at the legislative level. It is also recommended to implement the governmental policy on counteracting gender stereotypes in society. The research results can improve national legislation and international legal acts, further research into equality issues, and develop a methodological base for teaching human rights and social security.

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