Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Universitas Indonesia

2017

Discipline
Keyword
Publication

Articles 1 - 30 of 64

Full-Text Articles in Law

Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta Dec 2017

Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta

Indonesia Law Review

Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity …


Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe Dec 2017

Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe

Indonesia Law Review

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …


Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi Dec 2017

Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi

Indonesia Law Review

Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.


Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana Dec 2017

Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana

Indonesia Law Review

The problem of asylum seekers has become a global humanitarian issue. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international obligations in handling asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the Constitution. In a global perspective, humanitarian issues in the handling of asylum seekers …


Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri Dec 2017

Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri

Indonesia Law Review

This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Crossborder Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies …


The Dutch Penal Code Under Review, Jeroen Martijn Ten Voorde Dec 2017

The Dutch Penal Code Under Review, Jeroen Martijn Ten Voorde

Indonesia Law Review

The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review of the Dutch Penal Code. Recognizing the need for revision of the Penal Code, the question arises as to what is meant by a revision. More clarity on what …


Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid Dec 2017

Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid

Indonesia Law Review

Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs, each with its own scope of review; namely, the Supreme Court/Mahkamah Agung reviews regulations below the level of Law (Undangundang), while the Constitutional Court/Mahkamah Konstitusi reviews the same against the Constitution (constitutional review). Seen from the theoretical and practical perspective adhered to by states which adopt the formation of the Constitutional Court (centered judicial …


Peran Perguruan Tinggi Dalam Menumbuhkan Budaya Anti Korupsi Di Indonesia, Putra Perdana Ahmad Saifulloh Dec 2017

Peran Perguruan Tinggi Dalam Menumbuhkan Budaya Anti Korupsi Di Indonesia, Putra Perdana Ahmad Saifulloh

Jurnal Hukum & Pembangunan

Post – reform, anti – corruption agenda into a central theme of law enforcement in Indonesia. Corruption is crime that has personality and characteristic as an extraordinary crime. To eradicate corruption, Parliament and Government have made regulation of legislation and formed corruption eradication institution. The institution that is still trusted by public for doing corruption eradication is Corruption Eradication Commission (KPK). KPK formed because the corruption eradication is done by police and prosecutor have not optimal. The effort which has been done by KPK, Prosecutor and Police is action effort that requires a big budget. Corruption eradication will never succeed …


Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani Dec 2017

Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani

Jurnal Hukum & Pembangunan

Corruption in goods and services procurement is one of the most frequent corruption in Indonesia. So, this article discuss about the role of information communication and technology (ICT) and its mechanism for improving transparency as an effort to prevent corruption. This study apply descriptive method, literature review, and analysis the research which have been done by preceding researcher. This article conclude that ICT is statistically significant for reducing corruption, but the implementation of that system should be needed further evaluation. There are some important things which need more evaluation, such as: sufficiency of skilled worker for operating e-procurement, user support, …


Kedudukan Dan Kewenangan Komisi Yudisial Republik Indonesia Dan Perbandingannya Dengan Komisi Yudisial Di Beberapa Negara Eropa, Suparto - Dec 2017

Kedudukan Dan Kewenangan Komisi Yudisial Republik Indonesia Dan Perbandingannya Dengan Komisi Yudisial Di Beberapa Negara Eropa, Suparto -

Jurnal Hukum & Pembangunan

Reformation has given birth to the amendment on 1945 Constitution. One of the results of the third amendment of the constitution was the birth of Judicial Commission. The standing of Judicial Commission is very important, so structurally it is being positioned at the same level with the Supreme Court and the Constitutional Court. Yet, the Judicial Commission role is as an auxiliary body to the judicial power institutions. It only deals with the matters of honor, dignity, and behavior of the judges, not the judiciary institutions. Aside from that, Judicial Commission is not involved in the organization, human resources, administration, …


Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta Dec 2017

Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta

Jurnal Hukum & Pembangunan

Purpose of this research is to analyze private sector bribery penal policy in Indonesia. Although Indonesia ratified United Nation Convention Against Corruption, Indonesia has not implemented the convection’s provision of article 21 regarding the criminalization of private sector bribery. Analysis conducted using a functional method of comparative law from Konrad Zweigert and macro comparison against private sector bribery penal, which successfully applies in Singapore, Malaysia, and South Korea. Therefore, reflected from private sector bribery penal policy in Singapore, Malaysia, and South Korea thus Indonesia shall reformulate the private sector bribery provision which regulates in in current corruption act draft.


Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani - Dec 2017

Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani -

Jurnal Hukum & Pembangunan

The paper is purposed to describe / explain criminal laws which regulate domestic violence and the problems happen in Indonesia. This study uses the comparison method which compare substance criminal law of Indonesia with criminal law of Malaysia. The study is focused in the subject matter from criminal law of substantive. The result point out that both of the two countries have had criminal law on domestic violence, Indonesia is regulated at The Act of Elimination of Domestic Violence No 23 of 2004, while Malaysia is appointed at Domestic Violence 1994, and this was amendment on February 20, 2012. This …


Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti Dec 2017

Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti

Jurnal Hukum & Pembangunan

In the composition of the Indonesian constitution, DPD becomes a representative institution that has the duty to accommodate regional interests in political decisions. Its very important existence was not accompanied by the spirit of strict regulation in the legislation in Indonesia. This can be seen from the position and function of DPD which is weaker than the DPR. Law Number 17 of 2014 on the Composition, Status and Functions of the MPR, DPR, DPD and DPRD, which are the latest changes to the previous Susduk law, have not been able to address the need for more significant arrangements on the …


Assessing Country’S Reliance On Renewable Energy Through Energy Profile And Political Economy Aspects: A Cross Countries Study From 1990 To 2012, Santi Hapsari Paramitha, Nurman Hidayat Dec 2017

Assessing Country’S Reliance On Renewable Energy Through Energy Profile And Political Economy Aspects: A Cross Countries Study From 1990 To 2012, Santi Hapsari Paramitha, Nurman Hidayat

Global: Jurnal Politik Internasional

This study examines the relationship between country’s reliance on renewable energy, energy profile, and political economy aspects using dynamic panel data models for a global panel consisting of 43 countries. The time component of our dataset is 1990-2012 inclusive. To make the observation more specific, this study investigates the relationship of a number of sub-samples which are constructed based on the region where the countries belong. In this way, this study ends up with several region samples; namely Western, Asia, Middle East (ME), Africa, Commonwealth of Independent States (CIS), and Latin America. In the empirical part, this study performs a …


Peran Jabhat Al-Nusra Dalam Memberikan Tantangan Terhadap Kebijakan Amerika Serikat Mendukung Kelompok Oposisi Pada Konflik Bersenjata Di Suriah, Muhammad Rizky Nur Kamrullah Dec 2017

Peran Jabhat Al-Nusra Dalam Memberikan Tantangan Terhadap Kebijakan Amerika Serikat Mendukung Kelompok Oposisi Pada Konflik Bersenjata Di Suriah, Muhammad Rizky Nur Kamrullah

Global: Jurnal Politik Internasional

The role of non-state actor in contemporary world politics is increasingly important. After 9/11, scholars of security study and security practitioners begin to concern about the non-state actors which usually called as terrorist group or terrorist organization. The use of violence by those actors makes them can be classified as Violent Non-state Actor (VNSA). It cannot be denied that VNSAs activity can affect the state security policy and provoke state to war against them. Therefore, this paper will examine Jabhat al-Nusra—as an actor with tied to Al-Qaeda—involvement in the Syrian armed conflict, as a phenomenon that illustrates the role and …


Evolusi Konsep Keamanan Energi, Arshie Ramadhani Dec 2017

Evolusi Konsep Keamanan Energi, Arshie Ramadhani

Global: Jurnal Politik Internasional

Energy security concept is contextual and understood in different ways in different context. This paper examines the development of the literatures of energy security. Using chronological method of organization, this paper classifies the literatures into three different periods: 1970-1990, 2000-2010, and post-2010. From this classification, it is found that there is a proliferation of themes in the definition of energy security concept. The concept has expanded from what was initially limited to availability and affordable price, to include themes such as infrastructures, environment, social impacts, efficiency, governance and public policy. This raises a debate as to whether the energy security …


The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono Dec 2017

The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono

Global: Jurnal Politik Internasional

This article explains the influence of the United States of America to Indonesian counter-terrorism. Two aspects of counter-terrorism are explained: effectiveness and adherence to human rights values. It argues that America’s emphasis on the need to forge security cooperation in responding to terrorism facilitated human rights values to be adopted as justification of counter-terrorism, rather than a balancer to its effectiveness. Indonesia’s cooperation with the U.S in counter-terrorism has facilitated the growth of the restitutive or kinetic measures, but neglects a strengthening of political leadership over institutional development of counter-terrorism. The latter can be judged from the absence of policy-evaluation, …


Resolusi Konflik Dalam Perubahan Dunia, I Nyoman Sudira Dec 2017

Resolusi Konflik Dalam Perubahan Dunia, I Nyoman Sudira

Global: Jurnal Politik Internasional

The world has changed speedily in the decade since the end of the Cold War. An old system has disappeared and, even though it is easy to classify what has changed, it is still not yet clear what exactly the new system has taken its place. This changing of the system has given rise to significant questions around how conflict resolution will be able to accommodate all various type and pattern of conflict and able to provide the wide array of methods used to manage and resolve it. This paper will describe two main discussions which later will describe the …


Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena Oct 2017

Urgency Of Boundary Maritime Management: Strategies To Prevent Conflicts, Josina Augustina Yvonne Wattimena

Indonesian Journal of International Law

The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian …


The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan Oct 2017

The Legality Of Intervention For Protection Of National Abroad In Order To Solve Piracy And Hostage (A Study Of Law Concerning The Possible Use Of Armed Force To Release Hostages Detained By Abu Sayyaf Armed Group), Syofirman Syofyan

Indonesian Journal of International Law

Until now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who …


Dilema Upaya Hukum Terhadap Penyadapan, Damian Agata Yuvens, Rangga Sujud Widigda, Aisyah Sharifa Sep 2017

Dilema Upaya Hukum Terhadap Penyadapan, Damian Agata Yuvens, Rangga Sujud Widigda, Aisyah Sharifa

Jurnal Hukum & Pembangunan

Although interception is not a new institution in Indonesia, unfortunately the regulations are still scattered and different from one to another. In its context as authority of law enforcer, interception does not have horizontal balancing mechanism. Referring to considerations of Constitutional Court of the Republic of Indonesia in expanding the scope of pre-trial, apparently those considerations could be applied towards interception, thus conceptually, it can be said that pre-trial could be stretched to include interception. Nevertheless, there is incompatibility between concept of pre-trial and regulations concerning interception in the prevailing laws


Dimensi Politik Dalam Polemik Vonis Mati, Fikri Disyacitta Sep 2017

Dimensi Politik Dalam Polemik Vonis Mati, Fikri Disyacitta

Jurnal Politik

No abstract provided.


In Memoriam Paul Moedikdo (1927-2016) Pakar Kriminologi Yang Berpendirian Tegas Sebuah Nekrologi Oleh Jan Van Olden, Mardjono Reksodiputro Prof. Sep 2017

In Memoriam Paul Moedikdo (1927-2016) Pakar Kriminologi Yang Berpendirian Tegas Sebuah Nekrologi Oleh Jan Van Olden, Mardjono Reksodiputro Prof.

Jurnal Hukum & Pembangunan

Paul Moedikdo is just one of the many Indonesians who settled in the Netherlands because they were forced by circumstances resulting from the political upheaval in Indonesia in 1965 where there was an "unforgiving pursuit" of everything that smelled of leftism so that many intellectuals and activists were forced to seek happiness in the Netherlands. abroad, far from the homeland. Paul is an expert in criminology who works at the Willem Pompe Institute under the auspices of the University of Utrecht. As an Indonesian he is an ideal guest lecturer in efforts to improve the quality of education and research …


Perbandingan Pengaturan Mengenai Perlindungan Hukum Terhadap Invensi Di Bidang Teknologi Informasi Dan Komunikasi Antara Indonesia Dengan Jepang, Abdul Atsar Sep 2017

Perbandingan Pengaturan Mengenai Perlindungan Hukum Terhadap Invensi Di Bidang Teknologi Informasi Dan Komunikasi Antara Indonesia Dengan Jepang, Abdul Atsar

Jurnal Hukum & Pembangunan

This paper discusses the comparison between legal protection arrangements of invention in the field of Information and Communication Technology (ICT) in this case is software (software) especially patent. Japanese Patent Law explicitly regulates software (software) as a patentable subject. Whereas Law no. 28 Year 2014 on Copyright stipulates that the software can still be protected if Patent protection already exists from the country of origin. Using a comparative study of this paper can be one of the reference in legal protection to answer the rapid development of information and communication technology.


The Influence Of Parenting Model Toward Juvenile Delinquency And Its Prevention In West Sumatera, Efren Nova Sep 2017

The Influence Of Parenting Model Toward Juvenile Delinquency And Its Prevention In West Sumatera, Efren Nova

Jurnal Hukum & Pembangunan

This research was conducted with legal research methods that can be revealed how the law was perceived and implemented by the community through research Juridical Sociological including reviewing legal issue s as an integral part of the community or research approach which emphasizes the legal aspects with regard to the subject to be discussed, is associated with the fact in the field. The purpose of this study was to determine the extent of the influence and the role of parents in caring and educating children through parenting models that cause juvenile delinquency, as well as the effortsthe parents' role in …


Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita Sep 2017

Corruption As A Violation Of The Right To Education In Indonesia: A Constructivist Approach, Ratna Juwita

Jurnal Hukum & Pembangunan

This paper analyzes the relationship between corruption and realization of human rights in a specific case, the realization of the right to education by utilizing human rights standards concerning the right to education as the parameter of human rights realization. An Indonesian case law about corruption of Bantuan Operasional Sekolah funds in Malang is selected as primary legal data in this paper to provide empirical evidence one of the cases of corruption in education sector. Norm entrepreneurship as part of contructivist theory is selected to explain the phenomenon of emerging scholarly studies and discussion about corruption as a violation of …


The Bankruptcy Of Airlines As Lessee In Finance Leasing Based On Cape Town Convention 2001 And Harmonization With The Bankruptcy And Suspension Of Payment Act Number 37 Years 2004, Shafira Hijriya Sep 2017

The Bankruptcy Of Airlines As Lessee In Finance Leasing Based On Cape Town Convention 2001 And Harmonization With The Bankruptcy And Suspension Of Payment Act Number 37 Years 2004, Shafira Hijriya

Jurnal Hukum & Pembangunan

By the development of the airlines industry in Indonesia today, international lease finance from all around the world (lessor) puthigher trustto airline business in Indonesia. In reality many airlines company (lessee) is bankrupt, because of the inability to pay his debt to the lessor. Based on the Irrevocable Deregistration and Export Request Authorization (IDERA) in the Cape Town Convention, if the airlines company had been bankrupt and could not pay the debt of finance leasing, the aircrafts must bereturned to the finance leasing. In contrary, there is disparities with Bankruptcy and Suspension of Payments Act No.7/2004 in Indonesia, so we …


The Total People's Defense And Security System: Problems Of The State-Sponsored Militia In Indonesia, Bhatara Ibnu Reza Aug 2017

The Total People's Defense And Security System: Problems Of The State-Sponsored Militia In Indonesia, Bhatara Ibnu Reza

Indonesia Law Review

The establishment of state-sponsored militia has raised concerns of human rights violations in non-international armed conflict in Indonesia. Most of the state-sponsored militia have been formed and tacitly supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia) mostly based on the implementation of a concept called the Total People’s Defense and Security System (sistem pertahanan rakyat semesta-sishankamrata). The Total People’s Defense and Security System is the grand strategy adopted based on Indonesia’s experience during Indonesia’s physical revolution or armed struggle for independence (1945-1949) and recognized under the Second Amendment to the 1945 Constitution. This article will elaborate on, first, …


Interpreting The Indonesian Constitutional Court Approach In Conducting Judicial Review On Cases Related To Economic And Social Rights, Andy Omara Aug 2017

Interpreting The Indonesian Constitutional Court Approach In Conducting Judicial Review On Cases Related To Economic And Social Rights, Andy Omara

Indonesia Law Review

One of the duties of the Indonesian Constitutional Court (Mahkamah Konstitusi - MK) is to determine whether legislation is consistent with the Constitution. If the MK determines that a statute is inconsistent with the Constitution, it declares that such statute is invalid. In such instance, the MK has the final word to determine the validity of legislation. In the view of some scholars, this feature reflects that the MK adopts strong form of judicial review. While this assertion holds true in some cases, it does not necessarily reflect the complete feature of the MK’s approach in deciding cases. In some …


Central Bank Transparency In Indonesia: A Law And Economic Perspective, Safari Kasiyanto Aug 2017

Central Bank Transparency In Indonesia: A Law And Economic Perspective, Safari Kasiyanto

Indonesia Law Review

This paper studies the manner in which central bank transparency has been implemented in Indonesia, and the impact of transparency on the central bank’s performance in achieving its goals. First, a normative analysis is conducted to seek the regulatory framework for central bank transparency. Secondly, a performance analysis is carried out to observe the extent to which central bank transparency has been implemented in Indonesia, and the impact it brings on the central bank’s performance in conducting monetary policy. Finally, an international practice analysis is performed to set a benchmark based on the manner in which transparency has been implemented …