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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 141 Documents
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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.
IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS) Edy Lisdiyono
Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss1.10.pp080-092

Abstract

Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence) and clear fact so that its solutions do not deviate from the rules of law
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.
LAW ENFORCEMENT OF THE BANDUNG REGIONAL REGULATIONS ON THE ORDERLINESS, CLEANLINESS, AND THE BEAUTY Yesmil Anwar; Sigid Sigid Suseno; Nella Sumika Putri
Sriwijaya Law Review VOLUME 1, ISSUE 1, JANUARY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss1.11.pp093-109

Abstract

The Number of sidewalk vendors in Bandung has reached 11,000 with no decline in growth according to the survey conducted by Indonesian University of Education/ Universitas Pendidikan Indonesia (UPI) in collaboration with Badan Perencanaan dan Pembangunan Daerah (Bappeda or regional development planning agency) Bandung. Sidewalk vendor is one of the main contributors to the dirtiness and traffic congestion in Bandung. Bandung has passed a Regional Regulation Numbered 3 and 5 about Cleanliness, Orderliness and the Beauty to prevent and to build the  sidewalk vendors. However, lack of legal awareness and law enforcement may constrain the effectiveness of the regulation. Those regulations are particularly Bandung Regional Regulation Numbered 4/ 2011 concerning sidewalk vendors in which imposing high fine sanction not only for the seller but also for the buyer to prevent them from violating those regulations. To analyze the the compliance level of society and the effectiveness of fine sanction for the violation of regulations, this research used juridical normative approach and comparative method by comparing the regulation in Bandung with other Regional regulations related to sidewalk vendors in other cities in Indonesia such as in Surakarta and Surabaya. This research found that the law enforcement to the violation of sidewalk vendors regulation in Bandung city is not optimum due to lack of awareness to obey the law. The criminal sanction such as fine and forced fees are not able to prevent the violation of sidewalk vendors regulations. This research suggest that The Regional government of Bandung City: (1) needs to find a right model to keep sidewalk vendors in order by looking at the characteristics of the society and its social culture; (2) needs to search for a way to increase society’s compliance to any policies made by the government; and (3) needs to revise the current regulation
Has Indonesia’s Unique Progressivism in Mandating Corporate Social Responsibility Achieved Its Ends? Soonpeel Edgar Chang
Sriwijaya Law Review VOLUME 2, ISSUE 2, JULY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss2.131.pp131-151

Abstract

It has been a decade since Indonesia implemented its first mandatory CSR requirement. The time is ripe for the discussion: can Indonesia confidently say that it has saved Indonesia by making companies publicly answer for many social issues? Can it successfully bring social and economic justice by continuously enforcing this radical progressivism or utilitarianism? To begin to address these questions, this paper first examines Indonesia's unique features that strengthen CSR as a legal obligation and analyzes the current regulatory frame of CSR. Then, it discusses whether these laws and regulations have actually worked as a practical tool to encourage and enforce companies to perform CSR activities. This research concludes that company law can save Indonesia despite its failure so far due to a number of problems in and out of positive law. It suggests how it can specifically structure the CSR regulations and seeks attention to the more structural reform from the longer-term goal of developing a national mechanism.
Legitimacy as a Precondition for the Recognition of New Governments: A Case of Libya Hamed Hasyemi Saugheh; Rohaida Nordin
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.111.pp69-81

Abstract

Recognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the States in providing recognition to a new government follow their own benefits and privileges and rarely consider the structure, capacity and public support for the new government. If the rule of law and respecting democracy is going to be means of promoting peace and security is various areas of the world, is not it time to redefine the traditional concepts of international law (included of recognition of new States and government) from a new perspective? Considering the fact that, the existence of a legitimate authority in a group enhances the effective functioning of that group and reduces the internal conflicts, it seems that it is time to expand the political concept of legitimacy of the authorities into the international law. Is there any State practice to support the argument? In this article, the existence of norm creating forces and role of legitimacy in the recognition of the Libyan Transitional Government is going to be analysed. The After studying the role of legitimacy of the Libyan NTC in passing the sovereignty from the past regime to the new government by the international community, the effect of lack of legitimacy on the previous regime will be examined and the question of withdrawing of recognition of governments will be addressed.
Inability of Protecting Diplomats: Problems of Afghanistan and Conflict Countries Ananda Kurniawan Sukarmaji; Arie Afriansyah
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.108.pp18-44

Abstract

This article discusses the protection of diplomats and state responsibility of physical suffering of diplomats in conflict countries, especially in Afghanistan using juridical normative methodology. This concern has to be discussed because there are a lot of attacks and physical harms suffered by the diplomats, especially in armed-conflict countries. This article analyzes the practices of protection of diplomats in some conflict countries and explain the conventions that include protection of diplomats as a part of the conventions. Thus, conflict countries are more tendentious than non-conflict countries in terms of numbers of attacks and physical harms suf-fered by diplomats. Therefore, this article analyzes the conflict country and categorizes the terms and conditions in the conflict countries. After looking into the pattern of protection of dip-lomats in some countries, this article analyzes the response shown by the receiving and sending state. There is also a discussion of the attacked diplomat cases in Afghanistan and the responses issued by the related parties. Then, protection of the diplomats and state responsibility are ana-lyzed based on the related doctrine and conventions. Changes in protection of diplomats in Af-ghanistan should be done and Afghanistan should be more concerned about this matter and based on the diplomatic convention, sending state could file a dispute settlement to an arbitrary organ and International Court of Justice to claim state responsibility. Based on the conventions and doctrine related, Afghanistan could be charged as the full responsible party
Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective) Dian Purnama Anugerah; Masitoh Indriani
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.112.pp82-92

Abstract

The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, connected objects, etc. The use of big data and those new technologies create new opportunities for these sectors, and this development also raises significant data protection concerns. This paper discusses two legal issues of Fin-tech, the legal aspect, and the data protection.
Prevention of Child Marriage Age in the Perspective of Human Rights Rudyanti Dorotea Tobing
Sriwijaya Law Review VOLUME 2, ISSUE 1, JANUARY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss1.107.pp1-17

Abstract

One of the rights guaranteed by the 1945 Constitution of the Republic of Indonesia is the right to marry and have children. Marriage is the beginning of the process of embodiment of the formation of a family in human life. Therefore, marriage is not merely the fulfillment of biological needs, but more than that. Marriage is a part of Human Rights stipulated in Article 10 of the Human Rights Law that everyone shall have the right to start a family and to continue the offspring through legitimate marriage and it may only take place at the free will of the prospective husband and future wife. Marriage is the inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Supreme God (Article 1 of the Marriage Law). Based on the article, it can be seen that the purpose of marriage is to establish a happiness and an eternal household based on the One God. Marriage is permissible for those who have met the age limit for marriage as set forth in Article 7(1) of the Marriage Law, for man nineteeen years old and for woman sixteen years old, but in fact under age marriages still happen. According to human rights perspective, under age marriage is the action of grabbing children freedom, namely the right to grow and develop optimally. Prevention of under age marriage, should be done so the children still get their basic rights.

Page 2 of 15 | Total Record : 141

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