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- Communal land rights, local law, melayu deli ethnic, legal pluralism, capitalization (1)
- Company law, enterprise registration, regional autonomy (1)
- Copyright law, originality, songs (1)
- Expert witness, criminal law, impartiality, conflicting opinion, ius curia novit (1)
- Freedom of the press, indonesian law, playboy magazine (1)
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- Human rights, human rights court (1)
- Indonesia, aec, international trade, higher education sector, legal education (1)
- International rules, combat to corruption (1)
- Investigator, financial service, effectiveness, overlapping (1)
- Juvenile justice, sexual offense, restorative justice, rehabilitation, child protection (1)
- Legislation, the house of representatives, the performance (1)
- Ports, globalization, isps, international trade (1)
- Poverty reduction strategies, evaluation, alternative solutions (1)
- Regional governance, reform, decentralization, state control (1)
- Ruwantissa Indranath Abeyratne (1)
- Shareholder protection, capital market regulations, good corporate governance (1)
- Sukardi (1)
- Unfccc, decentralization, treaty implementation (1)
- Warning label, plain-packaging, TRIPS, tobacco control regulation,Framework Convention on Tobacco Control, FCTC, public health policy (1)
Articles 1 - 22 of 22
Full-Text Articles in Law
Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi
Theoretical Review On Indonesian Academic Legal Education In Conjunction With Asean Economic Community Era, Ariawan Gunadi
Indonesia Law Review
Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a) a single market and production base, (b) a highly competitive economic region, (c) a region of equitable economic development, and (d) a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher …
Port Readiness In Facing Globalization: Indonesian Case Study, Melda Kamil Ariadno, Arie Afriansyah, Yetty Komalasari Dewi
Port Readiness In Facing Globalization: Indonesian Case Study, Melda Kamil Ariadno, Arie Afriansyah, Yetty Komalasari Dewi
Indonesia Law Review
International trade cannot be separated from the role of international shipping. More than 80% of goods transported through sea from a region to another, from one Country to another Country. Since the dawn of the voyage, port cannot be separated from the voyage itself. Adequate port will ensure a good international shipping. Increasing number of international shipping also means increasing volume of international trade. With a variety of factors such as geographical factor, natural resources, and population, Indonesia should be a key player in international trade by sea. However, the reality is still far from ideal, especially when compared with …
Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan
Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan
Indonesia Law Review
This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the …
Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati
Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati
Indonesia Law Review
The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the …
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
Indonesia Law Review
The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Indonesia Law Review
The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …
Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy
Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy
Indonesia Law Review
The Indonesian civil law system is often taken for granted, when it is actually a product of “institutional transplantation” and inherited from the Dutch Colonization. Long before the arrival of colonial powers in Indonesia several centuries ago, many local communities had operated within their self-regulating systems with multiple political entities. When colonization came to power, however, there was a massive shift from judge-made law to a centralized statute-based legal system imposed by the colonial order.
Asean Single Aviation Market And Indonesia - Will It Survive Against The Giants?, Ruwantissa Indranath Abeyratne
Asean Single Aviation Market And Indonesia - Will It Survive Against The Giants?, Ruwantissa Indranath Abeyratne
Indonesia Law Review
To say that Indonesia is an enigma in air transport is an understatement. On the one hand, the demand for air transport in Indonesia is higher in proportion to its GDP per capita. Its economy can be expected to grow 6% to 10% annually. A single aviation market could add another 6% to 10% growth in sheer demand. It is one of the wealthiest countries in the world, being the 16th richest country currently, and, according to an Airbus forecast, will be the 7th richest in 2030. Yet its airports are badly in need of expansion, its infrastructure is bursting …
The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi
The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi
Indonesia Law Review
The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights …
Legitimacy Of The Restorative Justice Principle In The Context Of Criminal Law Enforcement, - Sukardi
Legitimacy Of The Restorative Justice Principle In The Context Of Criminal Law Enforcement, - Sukardi
Indonesia Law Review
This research reviews the essence of the restorative justice principle as an approach in the settlement of criminal cases, and it aims to provide an overview of the construction of the restorative justice principle in criminal law enforcement. The outcomes of the research indicate that the restorative justice principle has been subject to frequent study in its understanding as an alternative criminal case settlement method, by way of positioning outside the criminal judiciary system. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. Therefore, there is …
Implementation Of Mandatory Enterprise Registration (Wdp) Following The Effectiveness Of Law No. 40 Year 2007 Concerning Limited Liability Companies In The Era Of Regional Autonomy, Ari Wahyudi Hertanto
Implementation Of Mandatory Enterprise Registration (Wdp) Following The Effectiveness Of Law No. 40 Year 2007 Concerning Limited Liability Companies In The Era Of Regional Autonomy, Ari Wahyudi Hertanto
Indonesia Law Review
Implementation of company registration shall be constrained because of differences in the interpretation of the meaning of the provisions of Article 29 of Law No. 40 of 2007 on Limited Liability Company, which determines that the registration of the company held by the Ministry of Justice and Human Rights. The provisions of Article 29 is interpreted by many practitioners as lex specialis of Act 3 of 1982 regarding Company Registration Requirement. The reality is not so. Company registration remains to be done pursuant to Act 3 of 1982. There are no provisions that override or cancel that Act 3 of …
Observing The Indonesian House Of Representatives' Performance, Abdul Bari Azed
Observing The Indonesian House Of Representatives' Performance, Abdul Bari Azed
Indonesia Law Review
DPR fulfilled mandate of the people, one of its way is through legislation function, namely formed Act with an agreement with the President. Expectations of the people filled with less than optimal by DPR caused by the performance of the parliament in the field of legislation which was less than satisfactory because did not fulfill the Prolegnas target which they had made themself. This condition caused the functions of DPR as parliament not fully carried out in encouraging people prosperity and developing the country. Hence, it is important to do a series of policy and concrete steps to minimize problems …
Discretion For Mineral And Coal Management In The Era Of Regional Autonomy And Its Implication In View Of Article 33 Paragraph (3) Of The 1945 Constitution, Tri Hayati
Indonesia Law Review
Ever since the implementation of the regional governance reform era, fundamental changes have occurred in the discretion for the management of the mineral and coal mining sectors. The adoption of Law Number 22 Year 1999 led to the expansion of regional governments’ autonomy, applying autonomy in the broadest sense of the word, by focusing merely on ‘decentralization’, while disregarding the principle of de-concentration. Governmental affairs submitted based on decentralization refer to discretion by attribution, whereas de-concentration refers to discretion by delegation. Basically, all governmental affairs are submitted to the Regency and Municipality Government, except for 6 (six) matters which constitute …
Book Review Toward A Progressive Public Prosecutor's Office: A Study On Investigation, Prosecution And Adjudication Of Criminal Acts Of Corruption, Ajeng Tri Wahyuni
Book Review Toward A Progressive Public Prosecutor's Office: A Study On Investigation, Prosecution And Adjudication Of Criminal Acts Of Corruption, Ajeng Tri Wahyuni
Indonesia Law Review
Toward a Progressive Public Prosecutor’s Office: a Study on Investigation, Prosecution and Adjudication of Criminal Acts of Corruption (The Book) is one of the reliable resources in capturing the real picture of Indonesian Law Enforcement Institution–namely Attorney General Offices (AGO)– for its centralistic bureaucracy nature. Written by Dr. Yudi Kristiana, S.H., M.Hum. (Yudi), the idea of The Book came in reaction to ‘the-never-ending’ corruption phenomenon, its massive impacts and the underlying problems to eradicate corruption. Choosing one of the important stake holder to fight corruption. The Book is providing several reasons why the AGO seems not fully-functioned and successful in …
The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In
The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In
Indonesian Journal of International Law
This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the …
In Defense Of The Freedom Of The Press: The Indonesian Playboy Magazine Case Study, M. Sofyan Pulungan
In Defense Of The Freedom Of The Press: The Indonesian Playboy Magazine Case Study, M. Sofyan Pulungan
Indonesia Law Review
One of the most observable achievements in the development of liberal democracy in Indonesia after the fall of the Soeharto’s New Order is the flourishing freedom of the press. One notable case was the Indonesian Playboy magazine and court decisions pertaining to it, which was successful in drawing massive public and even international attention. By thoroughly describing thoughts, feelings, values, and beliefs of various actors involved, this article explains the impacts of liberal democracy experimentation in Indonesia after the amendment of 1945 Constitution. This case has provided an excellent opportunity in observing the rule of law in enforcing the freedom …
Book Review Pengantar Hukum Dagang (Introduction To Commercial Law), Catur Wulandari
Book Review Pengantar Hukum Dagang (Introduction To Commercial Law), Catur Wulandari
Indonesia Law Review
According to Apeldoorn to give a definition of the “law” is a difficult thing, but nevertheless provides a definition would be very valuable for those who just starting to learn something. One example is the definition of Commercial Code which is contained in the book by Purwosucipto. In his book, Purwosucipto said that the Commercial Law is a special law arising out from the Legal Engagement in the company activities. This severely limits the definition of Commercial Law only on the engagements aspects arising only from the activities of the company. But according to the Authors of this book, explanation …
The Unsuccessful Poverty Reduction Strategies In Indonesia And The Alternatives Solutions (The Study On Blt And Jamkesmas), Dewi Iriani, Wahyu Mahendra
The Unsuccessful Poverty Reduction Strategies In Indonesia And The Alternatives Solutions (The Study On Blt And Jamkesmas), Dewi Iriani, Wahyu Mahendra
Indonesia Law Review
Indonesia as the 16th largest economy in the world, the 4th in Asia-after China, Japan and India as well as Southeast Asia’s largest-has the potential to be the seventh biggest by 2030, due to the increasing economic. Indonesia also has many potential natural resources that can be utilized to support development in order to increase the nation welfare. However, the number of poor people still has not been significantly reduced, reaching 28.07 million or 11.37% of the total population in 2013. The Government has tried to reduce poverty with some programs such as BLT (Bantuan Langsung Tunai/Direct Cash Assistance) and …
Challenges For The Unfccc In Indonesia's Decentralisation, Melvin Salahuddin
Challenges For The Unfccc In Indonesia's Decentralisation, Melvin Salahuddin
Indonesia Law Review
This article is an examination of the implementation of the United Nations Framework Convention on Climate Change (UNFCCC) as a Multilateral Environmental Agreement (MEA) in Indonesia. It identifies domestic challenges of the Convention in Indonesia’s decentralisation. The implementation of decentralisation policy in 2001 worsens the inherent problems faced by the Convention in Indonesia’s legal system. As a MEA, the Convention contains only general rules for the state parties and no specific legal obligation to reduce emission. The Convention also has legitimacy problems. The Indonesia’s method to transform treaties into domestic legal system is still problematic. These two challenges are worsened …
Juvenile Sex Offender Rehabilitation: How The Us Approach Can Help Indonesia Satisfy Its Commitment To Restorative Justice Principles, Putri Kusuma Amanda
Juvenile Sex Offender Rehabilitation: How The Us Approach Can Help Indonesia Satisfy Its Commitment To Restorative Justice Principles, Putri Kusuma Amanda
Indonesia Law Review
In July 2012, Indonesia enacted landmark legislation to reform the juvenile justice system. The Juvenile Justice Act is a break through which constituted to protect the rights of children in the juvenile justice system. This Act explicitly includes the principle of restorative justice, a principle that guarantees the government’s commitment to use rehabilitative and restorative approaches. The question that arises now is how this law can be satisfied through the implementation of the Act. Specifically, this paper will focus on how the restorative justice principle can be applied to juvenile commit sexual offense. This paper, learning from the United State’s …
Minority Shareholders’ Protection In The Indonesian Capital Market, Apri Sya'bani
Minority Shareholders’ Protection In The Indonesian Capital Market, Apri Sya'bani
Indonesia Law Review
This paper explores the regulatory reform in Indonesia corporate governance along with capital market regulatory framework which has continuously been conducted in response to enhance minority shareholders’ protection and the implementation of corporate governance in public listed companies, particularly in protecting minority shareholder right through three short cases studies. The three cases analysed in this paper show that the implementation of corporate governance in public listed companies is still weak, resulting from the lack of awareness of how to implement corporate governance by the public listed companies, the opportunistic behaviour of public listed companies using loopholes in the regulations to …
Combating Corruption Based On International Rules, Maskun Maskun
Combating Corruption Based On International Rules, Maskun Maskun
Indonesia Law Review
Corruption is a universal problem that is taking place all over the world, either in developed countries or developing or under developing countries. It is caused by some issues such as poorly designed economic policies, low levels of education, underdeveloped civil society, and the weak accountability of public institution. Those causes of corruption can be separated in some different types of corruption. The types are bureaucratic corruption, political corruption, grand corruption, and common corruption. In terms of tackling some problems of corruption, there are so many things to do including international law commitment. Some international law commitment can be seen …