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- Integrative-progressive model, troubled indonesian overseas workers, Tanjung Pinang, Indonesia (1)
Articles 1 - 30 of 33
Full-Text Articles in Law
Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief
Proposing An Integrative-Progressive Model In Handling Troubled Indonesian Overseas Workers In The Transit Area (A Socio-Legal Research In Tanjung Pinang City, Kepulauan Riau Province), Rina Shahriyani Shahrullah, Elza Syarief
Indonesia Law Review
Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau) is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City. Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local …
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Indonesia Law Review
Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif
Indonesia Law Review
Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.
Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari
Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari
Indonesia Law Review
Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …
Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari
Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari
Indonesia Law Review
Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …
Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah
Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah
Indonesia Law Review
Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Indonesia Law Review
Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …
Membangun Parameter Intersubjektif Pornografi Dengan Perspektif Postmodernisme (Studi Kasus Putusan Nomor 39/Pid.Sus/2014/Pn.Wsb), Josua Sitompul
Membangun Parameter Intersubjektif Pornografi Dengan Perspektif Postmodernisme (Studi Kasus Putusan Nomor 39/Pid.Sus/2014/Pn.Wsb), Josua Sitompul
Jurnal Hukum & Pembangunan
One of fundamental idea established in postmodern concept is advoacy of diversity and freedom without determined by mainstreams. Postmodernism, though started from art and literature, has developed into various disciplines, include law. Discussions of the idea within legal discourses, at one side, have tried to link the mainstreams and the minorities in harmony, but at the other side, law demands to be exercised uniformly. This article discuss postmodern perspective in understanding pornography within the context of Law 44/2008 on Pornography; this law remains retain problems regarding the concept of pornography that law enforcement officers, particularly judges, have to solve. The …
Strategi Komunikasi Dalam Advokasi Hasil Penelitian (Studi: Mahasiswa Klinik Hukum Anti Korupsi Fakultas Hukum Unpad Tahun 2014), Nur Atnan
Jurnal Hukum & Pembangunan
Contribution of Anti Corruption Legal Clinic of Faculty of Law Unpad is making change through research report‟s advocacy. Advocacy aimed to give more advamtage and meaning to the research conducted by the students. However by the observation of the writer, research report‟s advocacy in 2014 has not give significant support to the expexted changes. Writer interested to take research in this activity to analyse communication strategy in research report‟s advocacy. Research conducted by qualitative method through interview and researcher involved in every students‟ activity. Research shows that the main components in communication strategy in advocacy are communication planning, actuating and …
Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina
Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina
Jurnal Hukum & Pembangunan
The writer(s) of this article try to explain the rights of protection for the people in detention center. Many legal rules made by the state. But practicaly, the authorities in the detention center focused on the liability and responsibility of the prisoners rather then considered about their rights. So, this research group found some findings in their research site at the detention center, about the unfair treatment, discrimination, rights violation, and other mistreatment.
Peran Negara Dalam Memberikan Perlindungan Hukum Bagi Calon Pasangan Kawin Beda Agama (Kba) Di Indonesia, Kadek Wiwik Indrayanti, Aloysius R. Entah
Peran Negara Dalam Memberikan Perlindungan Hukum Bagi Calon Pasangan Kawin Beda Agama (Kba) Di Indonesia, Kadek Wiwik Indrayanti, Aloysius R. Entah
Jurnal Hukum & Pembangunan
No abstract provided.
Inventarisasi Ekspresi Budaya Tradisional Secara Terstruktur Sebagai Upaya Perlindungan Pengetahuan Tradisional, Isti Novianti
Inventarisasi Ekspresi Budaya Tradisional Secara Terstruktur Sebagai Upaya Perlindungan Pengetahuan Tradisional, Isti Novianti
Jurnal Hukum & Pembangunan
Indonesia is a country that has an assortment of tribes and customs. To be observed the diverse cultures that exist so that governments are required to keep to be preserved properly. To know and recognize traditional cultures of various regions will require a data base that includes the traditional knowledge in Indonesia. This database can also be used as a source of information that can be accessed both international and domestic. In this case the central government and regional governments are given the authority to inventory Traditional Cultural Expressions. Effort into making the database has been started in the discourse …
Adaptasi Konsep Imbal Jasa Lingkungan Sebagai Persyaratan Pendaftaran Paten Yang Menggunakan Bahan Sumber Daya Genetik Di Indonesia, Vika Andini
Jurnal Hukum & Pembangunan
Natural resources exploitation not only have an effect to the balance of environment ecosystem but also to the indigenous people as a caretaker for the genetic resources. The indigenous people are the most entitled ones to gain the commercial benefit from the use of the genetic resources.The protection and benefit sharing for the use of genetic resources need to be reaffirmed in the existing national law instrument. The provision about the protection and benefit sharing in the use of genetic resources can not only regulated in environment law instrument, but should regulated in intellectual property right law instrument as well. …
‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -
‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -
Indonesia Law Review
This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions …
Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir
Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir
Indonesia Law Review
Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …
Informal Dispute Resolution Based On Adat Law: A Case Study Of Land Dispute In Flores, East Nusa Tenggara, Indonesia, Najmu Laila Sopian
Informal Dispute Resolution Based On Adat Law: A Case Study Of Land Dispute In Flores, East Nusa Tenggara, Indonesia, Najmu Laila Sopian
Indonesia Law Review
The issue of law enforcement is central to land property rights. Modes of property rights enforcement can be performed either with or without intervention of the state. This article focuses on the latter mode of enforcement; that is, how people manage to enforce their land rights without the involvement of state institutions and to what extent informal arrangements can offer effective enforcement and secure land property rights. This article also contributes to the debate on how formal and informal institutions can be used to secure property rights and resolve disputes over land ownership. In particular, this paper examines how the …
The Purpose Of Law, Pancasila And Legality According To Ernst Utrecht: A Critical Reflection, Fernando Morganda Manullang
The Purpose Of Law, Pancasila And Legality According To Ernst Utrecht: A Critical Reflection, Fernando Morganda Manullang
Indonesia Law Review
Ernst Utrecht is one of the best legal scholars Indonesia has ever had. His political views position him as an organic intellectual; a legal scholar involved in and expressing the social consciousness, both in the academic as well as in the political arena. His controversial involvement came to a tragic end, causing him to leave Indonesia for good. This article describes and reflects on some of Utrecht’s rather controversial ideas about law and politics; namely, first, “pengayoman” (guardianship) the purpose of law in Indonesia, a purpose of law which is almost completely absent from the mainstream conception of the purpose …
The Political Context Of Judicial Review In Indonesia, Fritz Edward Siregar
The Political Context Of Judicial Review In Indonesia, Fritz Edward Siregar
Indonesia Law Review
The Constitutional Court of Indonesia plays significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continues to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution. The first Chief Justice Jimly Asshiddiqie showed how within five years of the Court’s establishment, he could strategically maximize its momentum and build the Court as a respectful institution. The Chief Justice Mahfud M D was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud M D brought the Court to …
The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina
The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina
Indonesia Law Review
Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law …
The Voice Of The Law In Transition, Rafiqa Qurrata A'Yun
The Voice Of The Law In Transition, Rafiqa Qurrata A'Yun
Indonesia Law Review
It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian …
Litigating Cross-Border Environmental Dispute In Indonesian Civil Court: The Montara Case, Iman Prihandono, Esty Hayu Dewanty R. K.
Litigating Cross-Border Environmental Dispute In Indonesian Civil Court: The Montara Case, Iman Prihandono, Esty Hayu Dewanty R. K.
Indonesia Law Review
In August 2009, a wellhead blowout of took place at an offshore drilling facility named the Montara platform, on the north coast of Australia. This incident released crude oil into the sea and continued until November 2009. The Montara platform is owned by PTTEP Australasia Pty. Ltd., a company incorporated under the law of Australia, and a subsidiary of PTT Exploration and Production Public Company Limited, a Thailand based, state-owned oil company. Based on samples taken by the East Nusa Tenggara Municipality in the waters along the coast of Kolbano, it was found that the sea water has been polluted …
Development Of Collective Trademark For Batik Industry In Kampung Batik Laweyan (Laweyan Batik’S Village), Solo, Agus Sardjono, Brian Amy Prasetyo, Derezka Gunti Larasati
Development Of Collective Trademark For Batik Industry In Kampung Batik Laweyan (Laweyan Batik’S Village), Solo, Agus Sardjono, Brian Amy Prasetyo, Derezka Gunti Larasati
Indonesia Law Review
Previous research found that the individual trademark system has not been effectively utilized to support the business of batik Smal Medium Enterprises (SMEs), particularly in several batik industry centers in Java, namely Bantul in Yogyakarta province, Kauman in Pekalongan and Laweyan in Solo. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for development of collective trademarks, which can address the problems that individual trademark cannot anticipate. The development of collective trademark can also be a strategy to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; which are not the original Indonesian …
The Implementation Of The Right To Education In Indonesia, Munafrizal Manan
The Implementation Of The Right To Education In Indonesia, Munafrizal Manan
Indonesia Law Review
This article discusses the implementation of the right to education in Indonesia. It uses human rights and historical approaches. Human rights approach is used to describe international human rights instruments on the guarantee of the right to education that is applied universally. This approach is also dealing with international human rights instrument on the right to education that has been ratified by Indonesia as well as national regulation instruments on the right to education applied in Indonesia. Historical approach highlights the role of Indonesian governments in education sector after the Independence Day, especially regarding the implementation of the right to …
Indonesia’S Delimited Maritime Boundaries, Anbar Jayadi
Indonesia’S Delimited Maritime Boundaries, Anbar Jayadi
Indonesia Law Review
In case of Indonesia’s geographical condition, it goes without saying that with great potentials come great responsibilities to manage. With an overall distance of more than 1900 km from east to west and nearly 80% of its area are sea regulating its borders especially maritime boundaries will not only affect the integrity of the nation but also protect its natural resources.
The Corporate Constitutionalism Approach In The Formulation Of Csr, Victor Immanuel Nalle
The Corporate Constitutionalism Approach In The Formulation Of Csr, Victor Immanuel Nalle
Indonesia Law Review
The 21st century is the era of the development of corporate social responsibility (CSR). It is encouraged by the development of the company as a business and societal entities that balances public and private interests. If there is a balance of public and private interests in the company, the application of CSR should be able to accommodate the public interest. However there are a lot of companies in Indonesia that do not involve the community in the formulation of CSR implementation model. This resulted the implementation of CSR which is often not well targeted. In that context, the theory of …
Maritime Expansion And Delimitation After The Timor Gap Treaty, Marcel Hendrapati
Maritime Expansion And Delimitation After The Timor Gap Treaty, Marcel Hendrapati
Indonesia Law Review
The Timor Gap Treaty on oil and gas management cooperation in some parts of the Timor Sea was full of political intrigues between Australia and Republic of Indonesia, since the treaty which comprises three areas of cooperation was detrimental to Indonesia and it indicated the highest influence of Indonesian Republic by Australia. Renunciation of the treaty due to the independence of Timor Leste after a referendum resulted in the issue of maritime delimitation between Timor Leste and Indonesia. Nevertheless in fact in 2002 the new state declared maritime expansion to a distance of 100 nautical miles measured from the former …
Dissecting The Contents Of Law Of Indonesia On Halal Product Assurance, Aal Lukmanul Hakim
Dissecting The Contents Of Law Of Indonesia On Halal Product Assurance, Aal Lukmanul Hakim
Indonesia Law Review
Indonesia with its majority Moslem population and even the biggest Moslem nation in the world has obligations to its citizens to assurance the halal products (halal) for consumption and/or used as a constitutional obligation to be enforceable and applicable. The constitutional obligation is granted in the form of legal certainty covering the halalness of all products either to those useable, consumed and/or utilized by the society. Upon the legalization and enactment of Law of the Republic of Indonesia Number 33 year 2014 regarding Halal Product Assurance is the evidence of constitutionally protection commitment. Having this Halal Product Assurance Law, the …
Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru, Fauzy Marasabessy
Restitusi Bagi Korban Tindak Pidana: Sebuah Tawaran Mekanisme Baru, Fauzy Marasabessy
Jurnal Hukum & Pembangunan
A criminal action may cause harm to others the victims of crime. To obtain such compensation, a victim of a criminal act can be the procedures provided by the Criminal Procedure Code the merger lawsuit for damages. After the enactment of Law No. 13 of 2006 on Witness and Victim Protection, all victims of crime are also given the option to apply for compensation in the form of restitution through the Agency. However, there are some problems that arise in the implementation of mechanisms to obtain restitution for the victims of such crime. The problems are not just about rules, …
Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari
Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari
Jurnal Hukum & Pembangunan
The purpose of the first year research is to explain the implementation of Pembebasan Bersyarat (PB), Cuti Menjelang Bebas (CMB) and Cuti Bersyarat (CB) to indentify the obstacles of the implementation and to arrange the model concept of outside institution development for the prisoners in regard to the implementation of PB, CMB and CB that is fair, equitable and based on the perspective of correctional purpose. In the second year, the purpose of the researh is to carry out workshop in regards to socialized the model concept of outside institution development for the prisoners in regard to the implementation of …
Penyelenggaraan Community Certification Authority Untuk Pengamanan Sumber Daya Internet Oleh Komunitas Untuk Kesiapan Asean Regional E-Commerce, Edmon Makarim
Jurnal Hukum & Pembangunan
Indonesia should immediately establish a public key infrastructure to facilitate the use of digital signatures by the public, in particular to facilitate the public service. This is to accommodate the growing practice of the network reliability (web of trust) and multi-identity. To embody Community CA Indonesia, necessary legal research tinged with shades of interdisciplinary. Train of thought that the background for this research topic selection is the gap between law and technology dynamics, especially in the implementation of electronic security systems. Generally arranged that each Trust Services Providers have the responsibility and legal obligations are adhered to the imposition of …