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Articles 1 - 30 of 55
Full-Text Articles in Law
Mining Law & Regulatory: Practice In Indonesia, Tri Hayati
Mining Law & Regulatory: Practice In Indonesia, Tri Hayati
Indonesia Law Review
Mining law, since before the Indonesian independence has already been a debatable topic between the business sector, Government, and other stakeholders until now. Several issues of mining law that have been debated among others, are: the form of concession and the authority for issuing mining licenses in relations with the right of state control stipulated under Article 33 paragraph (3) of the 1945 Indonesian Constitution, issues regarding taxes and royalties, environmental issues and other obligations. Since the enactment of Indische Mijn Wet 1899 until the enactment of Law No. 4 of 2009, these debates have yet to be settled; more, …
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Indonesia Law Review
The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …
The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati
The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati
Indonesia Law Review
Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …
Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan
Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan
Indonesia Law Review
The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Indonesia Law Review
Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …
Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy
Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy
Indonesia Law Review
The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of …
Espaktasi Pengelolaan Tanah Terlantar Oleh Baitul Mal Dalam Peningkatan Kesejahteraan Masyarakat, Zaki Ulya
Espaktasi Pengelolaan Tanah Terlantar Oleh Baitul Mal Dalam Peningkatan Kesejahteraan Masyarakat, Zaki Ulya
Jurnal Hukum & Pembangunan
Baitul Mal is an institution that is authorized as property manager religion formed on the basis of specificity Aceh in implementing Islamic law. Baitul Mal authority in managing the wealth of religion stipulated in Qanun No. 10 of 2007 about Baitul Mal, where one authority Baitul Mal is managing the property / land owners and their heirs abandoned. Abandoned land owners and their Heirs applicable reference to the provisions referred to as a wasteland controlled by the state. In deed the management of abandoned land intended to improve the welfare of the community, which can be managed by the Baitul …
Harmonization Of The Aviation Sector Within President Jokowi’S Maritime Policy:A Way To Promote Pioneer Flights, Ridha Aditya Nugraha
Harmonization Of The Aviation Sector Within President Jokowi’S Maritime Policy:A Way To Promote Pioneer Flights, Ridha Aditya Nugraha
Jurnal Hukum & Pembangunan
As the biggest archipelagic state in the world, the Indonesian government has been aware of the importance of both air and sea transportation in connecting the remote islands with the main islands and thus developing the economy. However,it could not be denied that for many years the country had been trapped within a transportation policy favoring land over the aviation and maritime sectors. It thus came as a relief when the current government announced a pro-maritime transportation policy as their main priority. While this pivot is certainly welcome, it still fails to address the other ‘life line’ of the Indonesian …
Diskresi Kepolisian Dalam Penanganan Konflik Sosial : Kedudukan Peraturan Internal Kepolisian Dalam Penanganan Konflik Di Dalam Peraturan Perundangundangan, Eva Zulfa, Sri B. Praptadina
Diskresi Kepolisian Dalam Penanganan Konflik Sosial : Kedudukan Peraturan Internal Kepolisian Dalam Penanganan Konflik Di Dalam Peraturan Perundangundangan, Eva Zulfa, Sri B. Praptadina
Jurnal Hukum & Pembangunan
The use of discretion as a means of handling and settlement of a dispute society, let alone carried out by law enforcement is essentially a matter of policy as authorized by law to officials. How discretion possessed by the police in handling conflicts in society. In reality discretion in many forms. One is through edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the prohibition of carrying weapons and other dangerous objects. Regional Leadership kemuadian issued edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the …
Peran Penegakan Hukum Dalam Pembangunan Ekonomi, - Sukardi
Peran Penegakan Hukum Dalam Pembangunan Ekonomi, - Sukardi
Jurnal Hukum & Pembangunan
Economics is the backbone of the people's welfare, and science are the pillars supporting the nation's progress, but the law is the institution that ultimately determine how the public welfare can be enjoyed equitably, as well as how social justice can be realized in people's lives, and how progress of science and technology can bring progress for the people. In essence, the rule of law to support the transformation of SOEs (State-owned enterprises) as a locomotive driver of the national economy, especially in its role of guarding the whole process of public finance management and the area is clean and …
Adopsi Prinsip Permanent Sovereignty Over Natural Resources (Psnr) Migas, Cut Asmaul Husna Tr
Adopsi Prinsip Permanent Sovereignty Over Natural Resources (Psnr) Migas, Cut Asmaul Husna Tr
Jurnal Hukum & Pembangunan
The specificity of the setting investment in upstream oil and gas consequences of role of the state that is large enough. This is because the upstream oil and gas sector requires capital investment costs are relatively large; high risk, the use of advanced technology and trained human resources. However, investment in upstream oil and gas sector also gives a great advantage. Therefore, oil and gas producing countries seek to maximize the full control over the affairs of operations, production, management, and marketing. It is supported by the United Nations General Assembly Resolution (UN) No. 2158 (XXI) of 25 November 1966 …
Model Penguasaan Tanah Pauman Di Kabupaten Karangasem, I Made Suwitra, I Made Minggu Widyantara, I Nyoman Sujana
Model Penguasaan Tanah Pauman Di Kabupaten Karangasem, I Made Suwitra, I Made Minggu Widyantara, I Nyoman Sujana
Jurnal Hukum & Pembangunan
In the period of kingdom, Pauman land was collectively owned by the community called pauman. After the independence and at the time Land Law had been imposed, even in some villages the land had been proposed to be owned individually and some of the land had been sold, so the problem discussed were; what model was applied for the pauman land ownership and how the management was done when the Land Law had been imposed. The model of the research was a research of normative law with legislation, concept, analytic, and case approach. The sources of the regulation which were …
How Threat Assessment Could Become Self-Fulfilling Prophecy: Case Of U.S.-China Relations, Muhamad Arif
How Threat Assessment Could Become Self-Fulfilling Prophecy: Case Of U.S.-China Relations, Muhamad Arif
Global: Jurnal Politik Internasional
This article tries to explain how misperception can trigger conflict between countries. The article would employ spiral model of conflict proposed by Robert Jervis as a theoretical framework to scrutinize contemporary US and Chinese contemporary competition. As a result, this paper shows how threat assessment could trigger a spiral of conflict through state’s tendency to overestimate threat level and its failure to perceive that defensive behavior can be interpreted as offensive by the belligerent. Based on this analysis, the probability of conflicts can be reduced as each country tries to comprehend motivations that drive other behavior, perceptions and reactions that …
Contesting Global Civil Society’S Legitimacy Claims: Evaluating International Non-Governmental Organizations (Ingos)’ Representation Of And Accountability To Beneficiaries, Cazadira Fediva Tamzil
Contesting Global Civil Society’S Legitimacy Claims: Evaluating International Non-Governmental Organizations (Ingos)’ Representation Of And Accountability To Beneficiaries, Cazadira Fediva Tamzil
Global: Jurnal Politik Internasional
The global civil society is often regarded as a progressive moral force that provides advocacy and protection of marginalized groups in the global political arena. Nevertheless, departing from the belief that civil society has great power and influence over global dynamics, it sees that the legitimacy claims they articulate and articulated by academics are essential to be evaluated, especially with regard to their representation and accountability groups and individual beneficiaries. This paper concludes that the claims of legitimacy of civil society are less justifiable, both normatively and empirically. From the normative point of view, claims for civil society representation are …
Kerja Sama Pembangunan Korea Selatan Di Vietnam Dalam Pengembangan Area Pedesaan Melalui Model Saemaul Undong, Indah Lestari
Kerja Sama Pembangunan Korea Selatan Di Vietnam Dalam Pengembangan Area Pedesaan Melalui Model Saemaul Undong, Indah Lestari
Global: Jurnal Politik Internasional
In this last decade, a closed cooperation of rural development “Saemaul Undong” between South Korea and Vietnam has been formed. Saemaul Undong is a success model of South Korea’s rural development. Along with it, question related to the possibility of adopting Saemaul Undong by developing countries arises. With this regard, this research attempts to explain the reasons why this cooperation has been formed. By using concept of cooperation, this research tries to observe the existence of goals and benefits in “Saemaul Undong” cooperation between South Korea and Vietnam. Result of this research affirmed that goals and benefits spurred “Saemaul Undong” …
The Evolving Security Policy Of Japan And The Adherence To Antimilitarism Culture, Chaula Rininta Anindya
The Evolving Security Policy Of Japan And The Adherence To Antimilitarism Culture, Chaula Rininta Anindya
Global: Jurnal Politik Internasional
Japan has reinterpreted Article 9 as the fundamental constitution of their antimilitarist culture and shows its willingness to play a more active role in the International security. This article seeks to examine the changes of Japan’s security and the potential shift of antimilitarist strategic culture, arguing that despite the continuous changes, Japan has not changed its strategic culture due to perpetual debates within the domestic politics that are vital in shaping the security identity. The changing security practices are merely a natural response to the current dynamic of International security environments. Therefore, it remains unlikely for Prime Minister Shinzo Abe …
Analisis Tentang Sistem Peradilan Agama Di Indonesia, Domiri -
Analisis Tentang Sistem Peradilan Agama Di Indonesia, Domiri -
Jurnal Hukum & Pembangunan
Religious Court serves as the judicial system in Indonesia, in addition it is also a subsystem of the Indonesian judicial system. The Indonesian judicial system is composed of several subsystems, such as, Religious Court, Commercial Court, Military Court, and the Administrative Court. As a judicial system, the Religious Court has several sub-systems or component. Its components are: first, the law itself, which includes procedural and substantive law. Secondly, the apparatus of the court, including judges, clerks, and bailiffs. Each of these components has their own duty and function.. The law serves as the guideline for all the officials of the …
Studi Sosio-Legal Terhadap Ketertiban Dan Ketentraman Di Kabupaten Sidoarjo, Victor Imanuel W. Nalle
Studi Sosio-Legal Terhadap Ketertiban Dan Ketentraman Di Kabupaten Sidoarjo, Victor Imanuel W. Nalle
Jurnal Hukum & Pembangunan
Peace and order is a city needs. Achievement of these needs by local governments through regulatory instruments, namely the Regional Regulation. Sidoarjo regency set through Peraturan Daerah No. 10 of 2013. This study through socio-legal approach has been assessing the condition of the aspects that affect the implementation of the local regulation and constraints. This study shows that there are gaps in the understanding of the urgency of the substance of Peraturan Daerah No. 10 of 2013 for the public interest. In addition, conditions of law enforcement structures and culture of the people do not support the implementation of the …
Korporasi Dalam Hukum Organisasi Bisnis Islam, Windi Afdal
Korporasi Dalam Hukum Organisasi Bisnis Islam, Windi Afdal
Jurnal Hukum & Pembangunan
This article critically examine the reason of the delay in introducing Islamic law into the form of corporate business to help Muslim society in their economic activity. In addition, this study also aims to provide an explanation regarding the legal validity of the concept of corporate legal personality in Islamic law. This study aplied the method of juridical-normative research by using socio-legal analysis. The article conclude that: (1) Delayed development of corporate business organizations in the Muslim world caused by; the view that organizing community by using corporate form can damage the vision of united ummah because it can lead …
The Islamic Law Perspective Of Precautionary Principle On Transboundary Movement Of Living Modified Organisms (Lmos), Sri Wartini
The Islamic Law Perspective Of Precautionary Principle On Transboundary Movement Of Living Modified Organisms (Lmos), Sri Wartini
Jurnal Hukum & Pembangunan
The aim of the research is to examine the Islamic law perspective of precautionary principle on transboundary movement of living modified organisms (hereinafter LMOs) based on maslahah mursalah (public interest) and sadd al-dhara’i (blocking the means). The international trade of LMOs may affect the human health and environment in the importing states. Most of the importing states are Muslim states. Thus, it is important to examine the transboundary movement of LMOs from the Islamic law perspective. In order to elaborate on the issue, the reseach addresses the following questions: First, how is the relationship between man and nature (khalīfahand nature)? …
Renewal Of Criminal Law: Draft Of Indonesian Criminal Code, Spirit Of Codification And Its Effects On Law Harmonization, Rachel Octora
Renewal Of Criminal Law: Draft Of Indonesian Criminal Code, Spirit Of Codification And Its Effects On Law Harmonization, Rachel Octora
Jurnal Hukum & Pembangunan
Law-making process needs to be observed by public, and also by legal scholar, the purpose is to avoid inconsistency between new regulation and existing regulation. This paper will describe about Draft of Indonesian Criminal Code. Countries that use Civil Law System, especially in criminal law, principle of legality becomes the most important principle. Indonesia currently designing recodification of the Criminal Code and aspire to have their very own criminal codification. Draft of Indonesian Criminal Code is now still waiting to be enacted. It will potentially cause disharmony in the implementation process, because of the probability that one criminal act regulated …
Tinjauan Hukum Eksistensi Dari Undang-Undang Nomor 8 Tahun 2015 Setelah 25 Kali Pengujian Undangundang Di Mahkamah Konstitusi Pada Tahun 2015, Achmadudin Rajab
Tinjauan Hukum Eksistensi Dari Undang-Undang Nomor 8 Tahun 2015 Setelah 25 Kali Pengujian Undangundang Di Mahkamah Konstitusi Pada Tahun 2015, Achmadudin Rajab
Jurnal Hukum & Pembangunan
Direct regional election is the method chosen by the majority of Indonesian to percieve the phrase “democratically elected.” Implementation of simultaneous regional election is governed by Law No. 8 of 2015, which is the amendment of Law No. 1 of 2015. The reason on why the people prefer direct regional election is formation and implication of its legitimacy. Head of local government requires its own legitimacy, so that is why direct election by the people is needed. This is also inline with interpretation of democratic election by the majority of Indonesian people. Moreover, since the first implementation of simultaneous regional …
Gatekeepers’ Roles As A Fundamental Key In Money Laundering, Paku Utama
Gatekeepers’ Roles As A Fundamental Key In Money Laundering, Paku Utama
Indonesia Law Review
This study examines problem of money laundering and identifies role of gatekeepers in utilising their expertise to conceal the proceeds of crime. In order to successfully prevent and investigate money laundering, we need to understand the development of anti-money laundering regime and how country like Indonesia adopts this development into its domestic regulations. Nevertheless, it is crucial to comprehend gatekeepers utilising various money laundering mechanisms and offshore financial centres. Scrutinised cases from Indonesia and corporate practices from Singapore on this study highlight how gatekeepers operate in the private sector, wittingly or unwittingly, use their expert knowledge of the international financial …
In Search Of Legal Foundation For Indonesian Family Firms, Yetty Komalasari Dewi
In Search Of Legal Foundation For Indonesian Family Firms, Yetty Komalasari Dewi
Indonesia Law Review
One of the factors that affect Indonesia’s economic growth is the existence of business firms. Most business firms in Indonesia are in the form of family-owned firm, and they are considered to constitute the backbone of the economic development. Family firms represent the most enduring business model in the world. The continuing success of family firms through the generations relies on ensuring the next generation. However, the issue of family firms is rarely discussed in particular from the perspective of corporate law. In fact, from legal perspectives, there are some issues dealing with this type of firm, among other, the …
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Indonesia Law Review
ASEAN has great ambitions. One (or two, even three and more) of them was laid out in ASEAN Economic Blueprint. It is to make ASEAN achieves higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development,1 visionary indeed. Nonetheless, it is necessary to always think and prepare if disputes happen. How to both face and to the extent, solve a dispute will determine whether ASEAN member states are committed to ASEAN and its ambitions as an intergovernmental organization.2 This book, as a matter of fact, do point out the necessity to examine existing dispute settlement mechanisms and discuss …
Human Trafficking, Drug Trafficking, And The Death Penalty, Felicity Gerry, Narelle Sherwill
Human Trafficking, Drug Trafficking, And The Death Penalty, Felicity Gerry, Narelle Sherwill
Indonesia Law Review
Both Australia and Indonesia have made commitments to combatting human trafficking. Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions …
Urgency For Legal Framework On Drones: Lessons For Indonesia, India, And Thailand, Ridha Raditya Nugraha, Deepika Jayakodi, Thitipon Mahem
Urgency For Legal Framework On Drones: Lessons For Indonesia, India, And Thailand, Ridha Raditya Nugraha, Deepika Jayakodi, Thitipon Mahem
Indonesia Law Review
Civilian drones are revolutionizing the skies, ushering in several beneficial possibilities and along with it several questions. From checking damage to a roof and aerial photography to border patrolling and emergency response, drones are increasingly put to civil and commercial use. Such a common use requires regulation. Technology has always grown exponentially, whereas the law governing such technology has to contend with such growth. Developed western countries are not the only ones grappling with reigning in these drones. The unique geographic conditions and national interests of Indonesia, India, and Thailand, find more utility for civilian drones, welcoming in the technology …
The Protection Of Civil And Political Rights By The Constitutional Court Of Indonesia, Pan Mohamad Faiz
The Protection Of Civil And Political Rights By The Constitutional Court Of Indonesia, Pan Mohamad Faiz
Indonesia Law Review
One of important mechanisms considered effective to protect civil and political rights of the citizens in Indonesia is constitutional review. This mechanism was created after the constitutional reform by establishing the new Constitutional Court in 2003 as an independent and separate court from the Supreme Court. This article examines the development of human rights guaranteed in the Indonesian Constitution. It also provides a critical analysis of the Constitutional Court’s role in protecting civil and political rights in Indonesia through its landmark decisions on five categories, namely: (1) freedom of assembly and association, (2) freedom of opinion, speech and expression, (3) …
Towards Safer Seafood: What Indonesian Law Should “Say” About Mercury-Contaminated Fish, Margaretha Quina
Towards Safer Seafood: What Indonesian Law Should “Say” About Mercury-Contaminated Fish, Margaretha Quina
Indonesia Law Review
Fish is a popular culinary dish in Indonesian culture and a major economic resource on which many people depend their livelihood. However, with severe pollution in Indonesian water, including uncontrolled mercury pollution which persists in the food chain and eventually gets into humans’ body as the top predator, fish safety is particularly worrying – especially taking into account the frequency of average Indonesians’ consumption of fish. In various jurisdictions, the management tool used by lawmakers and regulators with regard to this issue is information disclosure, or known as “fish advisory warning,” to cover the failure of command and control. This …
The Past Is Another Country: Designing Amnesty Law For Past Human Rights Violators, Harison Citrawan
The Past Is Another Country: Designing Amnesty Law For Past Human Rights Violators, Harison Citrawan
Indonesia Law Review
In the context past gross human rights violation cases in Indonesia, the President’s constitutional authority to propose amnesty law might by and large implicate legal and ethical aspects. Holistically, any forgiveness and oblivion against any human rights violators should consider the development and the dynamic of international criminal law, which arguably have been directed to an absolute individual criminal responsibility. Against this issue, this paper finds that based on legal and ethical arguments, accompanied with various technical preconditions outlined in the Belfast Guideline on Amnesty and Accountability, an amnesty towards past gross human rights violators must be taken paradigmatically. Arguably, …