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Universitas Indonesia

2013

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Articles 1 - 23 of 23

Full-Text Articles in Law

Indonesian Experience In Dealing With Trademark Law: Case Study Of Batik Smes, Agus Sardjono, Brian Amy Prastyo, Desrezka Gunti Larasati Dec 2013

Indonesian Experience In Dealing With Trademark Law: Case Study Of Batik Smes, Agus Sardjono, Brian Amy Prastyo, Desrezka Gunti Larasati

Indonesia Law Review

This research aims to observe whether the Trademark Law can contribute to protect Indonesia’s batik business, particularly for the small-medium enterprises who produce and sell batik products (“Batik SMEs”). The individual trademark system has not been successful to support the batik SMEs’ business. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for the development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This research finds that, in order to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; Indonesian batik SMEs need to be nurtured and encouraged …


Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung Dec 2013

Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung

Indonesia Law Review

Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a …


The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah Dec 2013

The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah

Indonesia Law Review

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …


Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener Dec 2013

Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener

Indonesia Law Review

This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …


Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari Dec 2013

Runtuhnya Institusi Mahkamah Agung (The Indonesian Supreme Court: A Study Of Institutional Collapse), Anugerah Rizki Akbari

Indonesia Law Review

Since the fall of Indonesian president Soeharto, a major focus of the reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the cause of the judiciary’s failure over the past decades. This book provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.


Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi Dec 2013

Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi

Indonesia Law Review

Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope …


International Cooperation Among States In Globalized Era:The Decline Of State Sovereignty, Koesrianti Koesrianti Dec 2013

International Cooperation Among States In Globalized Era:The Decline Of State Sovereignty, Koesrianti Koesrianti

Indonesia Law Review

This article discusses the national sovereignty and regionalism in the context of the membership of a state into regional economic organisations. It concludes that in nowadays-shrinking world the traditional concept of sovereignty is less relevant since states have suffered a loss in their sovereignty. It found that member states of regional economic organisations have to cede a degree of sovereignty, such as in the EU. This phenomenon however is not the case for NAFTA and AFTA.


Analysis Towards The Urgency Of Establishing Indonesian Marine Law To Anticipate Transnational Organized Crime, Isplancius Ismail Oct 2013

Analysis Towards The Urgency Of Establishing Indonesian Marine Law To Anticipate Transnational Organized Crime, Isplancius Ismail

Indonesian Journal of International Law

Indonesia is an island State that geographically consists of 70 percent of marine areas and 30 percent of the land. But there is no Indonesian marine policy, nor has any law governing marine comprehensively since ratified UNCLOS in 1982 by Law No. 17 of 1985. While the mindset of people still tend to the land. The enforcement of sovereignty and rule of law in Indonesian waters under the United Nations Convention on the Law of the Sea (UNCLOS 1982) and the regulations of Indonesia against the violations of law known as Transnational Organized Crimes has not yet been done optimally. …


The Sinking Of Sovereignty And Sovereign Rights? Mitigating The Impacts Of Climate Change To Maritime Jurisdiction And A Proposal For Solutions, I Made Andi Arsana Aug 2013

The Sinking Of Sovereignty And Sovereign Rights? Mitigating The Impacts Of Climate Change To Maritime Jurisdiction And A Proposal For Solutions, I Made Andi Arsana

Indonesia Law Review

While some still debate whether or not climate change is a reality, one of its impacts, sea level rise, is factual. The cause and the rate of sea level rise might have been inconclusive but its impacts have been clearly felt. Sea level rise can also change the legal status of insular features (small islands/rocks and low tide elevation) that will also affect their capacity in making maritime claim. For an archipelagic State like Indonesia, small outer islands/rocks or low-tide elevation are important for location of basepoints forming the entire system of archipelagic baselines. This paper investigates the impact of …


Hybrid Paradigm From European And America Concerning Privacy And Personal Data Protection In Indonesia, Edmon Makarim Aug 2013

Hybrid Paradigm From European And America Concerning Privacy And Personal Data Protection In Indonesia, Edmon Makarim

Indonesia Law Review

In the emerging era of information and technology, the importance of privacy and data protection is growing ever since. However, despite such common concern from the society, there is some confusion about the mechanisms of differentiation and scope of discussion about privacy with the protection of personal data and even impressed blended with issues of spamming issues. With comparison to Europe and the US legal perspectives, Therefore, this paper tries to discuss such problem in accordance to the perspective of laws to the communication itself.


The Weak Aspects Of The Industrial Design Protection System In Indonesia, Cita Citrawinda Noerhadi Aug 2013

The Weak Aspects Of The Industrial Design Protection System In Indonesia, Cita Citrawinda Noerhadi

Indonesia Law Review

Industrial property is is being used by an increasing number of developing countries as an important tool of technological and economic development. Developing countries have also been made aware that it is in their best interest to establish national industrial property systems. Indonesia as a signatory member of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO), Indonesia has enacted Law No. 31 of 2000 concerning Industrial Design on 20 December 2000. Since the enactment of Law No. 31 of 2000 several cases have occurred and been brought before the Commercial Court …


Imposition Of Antidumping Duty (Bamd) Towards China’S Cold Rolled Coil/ Sheet (Crc/S) Products, Lila Pratiwi Aug 2013

Imposition Of Antidumping Duty (Bamd) Towards China’S Cold Rolled Coil/ Sheet (Crc/S) Products, Lila Pratiwi

Indonesia Law Review

Steel industry is a strategic sector in the economy of a country. Steel industry in Indonesia has not been able to fulfill their domestic demand that is still necessary to import steel product. However, many of these imported products are sold at dumping prices, especially those from china giving rise to unfair trade. One of trade remedy measures as a result of unfair trade remedies can recover trough the imposition of antidumping duty. In 2013, Indonesia imposes antidumping duty for Cold Rolled Coil/ Sheet (CRC/S) from China and other countries. Imposition of antidumping duty will be analyzed descriptively with the …


Swot Analysis Of Alternative Development Strategies For Dealing In Defense Of The Nation In Papua Disintegration, Vita Bayu Indah Yanti Aug 2013

Swot Analysis Of Alternative Development Strategies For Dealing In Defense Of The Nation In Papua Disintegration, Vita Bayu Indah Yanti

Indonesia Law Review

As one of Indonesia’s provinces located in the most eastern part of the country, Papua’s tumultuous history has resulted in the granting of a special autonomy under Law Number 21 Year 2001 on Special Autonomy for Papua Province. The special autonomy u is a social contract between the Republic of Indonesia (Republic of Indonesia) to Papua since the 1960s. Conflict in Papua has existed at the time of Papua became part of the Republic of Indonesia in 1963. The conflict in Papua is an intrastate conflict and need to be resolved so that no large material losses and social cohesion. …


An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3), M. Riza Damanik Aug 2013

An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3), M. Riza Damanik

Indonesia Law Review

After the annulment of the Coastal Water Concessions (HP-3) in 16 June 2011, traditional fisher folk organization leaders found a great fighting spirit to further follow-up the Constitutional Court Ruling to support their daily lives. For those who are being “evicted” from their living space (the coastal waters), they want to reclaim their rights through constitutional ways. Likewise, those who (feel to) have lost their existence as Indonesian traditional fisher folk are impatient to find out whether there is a breakthrough in the Constitutional Court Ruling that can restore the fisher folk’s family way of life. The ruling itself was …


Hukum Adat Dalam Putusan Pengadilan (Adat Law In Court's Decisions), Wenny Setiawati Aug 2013

Hukum Adat Dalam Putusan Pengadilan (Adat Law In Court's Decisions), Wenny Setiawati

Indonesia Law Review

This little book is proven to be not so lightweight after the reading. At first, the number of page which is only 74 pages gave the feeling of light reading material, but the opposite result took place. Since this book was filled with court decisions on the various cases related to customary legal system, so the reader would need all of his focus in understanding the hidden lines within the reading.


Kekuatan Politik Media Sosial: Uji Kasus Pada Revolusi Mesir 2011, Mansur Juned, Musa Maliki, M Asrudin May 2013

Kekuatan Politik Media Sosial: Uji Kasus Pada Revolusi Mesir 2011, Mansur Juned, Musa Maliki, M Asrudin

Global: Jurnal Politik Internasional

This article examines that internet social media have influenced the Egypt Revolution from the authoritarian government to the democratic transition. There are two theories: Cyber-Optimist that argues internet social media is significant in changing a rezim and Cyber-Realist that believes internet is a status quo regime's arsenal in controlling their citizen. Based on cyber-optimist argument, this article believes that internet social media is not supporting the authoritarian government of Husni Mubarak in Egypt, but as the citizen's arsenal to change the authoritarian government of Husni Mubarak.


Rules Of Government Secrecy In The Law Of Archives In Indonesia, Brian Amy Prastyo Apr 2013

Rules Of Government Secrecy In The Law Of Archives In Indonesia, Brian Amy Prastyo

Indonesia Law Review

Every government operates secrecy as one of mechanism to protect the state, the people, and the assets from threats. There is lack of clarity of rules for the secrecy system in Indonesia. Ultimately, there is no uniform conception among government officials, because each agency makes its own policy and system. This condition brings disadvantage to society, because there is no clear guidance on this subject and it will not be able to push the government to act more responsible in managing the information. The rules about “closed archives” in Law No. 43 of 2009 about Archives and the term of …


Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti Apr 2013

Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti

Indonesia Law Review

As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i …


Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, Setyawati Setyawati Apr 2013

Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, Setyawati Setyawati

Indonesia Law Review

Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce …


Liability Of Legal Person In Indonesia: A Statutory And Practical Review, Yetty Komalasari Dewi Apr 2013

Liability Of Legal Person In Indonesia: A Statutory And Practical Review, Yetty Komalasari Dewi

Indonesia Law Review

Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.


The Adequacy Of International Legal Obligations For Environmental Protection During Armed Conflict, Arie Afriansyah Apr 2013

The Adequacy Of International Legal Obligations For Environmental Protection During Armed Conflict, Arie Afriansyah

Indonesia Law Review

Since it first developed, the law of war has focused on protecting human beings. It prioritises human protection by controlling the conduct of belligerents in order to minimise human injuries and casualties. However, the consequences of war are seldom limited to human casualties. War also causes major destruction to the environment. This article shows that despite prioritising human protection, international law provides a significant number of rules to protect the environment during armed conflicts. Contrary to claims that existing rules are insufficient, the law of war adequately safeguards the environment during armed conflicts by prohibiting certain military activities that may …


Assessing The Legal Status Of Limited Partnership (Cv), Binoto Nadapdap Apr 2013

Assessing The Legal Status Of Limited Partnership (Cv), Binoto Nadapdap

Indonesia Law Review

Business actors can choose various kinds of business entities to run their business. The law gives business actors the freedom to decide which business entity to use as a vehicle for their business activities. From a multitude of businesses, essentially there are three forms, which are: individual proprietorship, partnership and limited liability company. Additionally, there are some that have the opinion that there are two categories of companies: companies that are legal entities and those which are not legal entities.


Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati Apr 2013

Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati

Indonesian Journal of International Law

Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …