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- Environmental Law (4)
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- Keyword
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- Access to ecological justice, marginalized people, multicultural state of Indonesia (1)
- Accountability, administrative law, bailout policy, judicial review, discretion (1)
- Adat law, communal land rights, ulayat, dispute settlement (1)
- Amnesty, transitional justice, gross human rights violation (1)
- Biodiversity, biosafety, liability, and redress (1)
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- Civil and political rights, human rights, Indonesia (1)
- Drones, legal framework, regulation, regional co-operation, UAV (1)
- Family firms, family business, corporate law (1)
- Financial Crisis, Capitalism, Corporate Governance, Bank Century, Free Market (1)
- Financial crime, gatekeepers, money laundering (1)
- Fish advisory warning, information disclosure, environmental justice, mercury, public health (1)
- Human trafficking, drug trafficking, death penalty, victims protection (1)
- Indonesia, UNCLOS, CBD, Biodiversity beyond national jurisdiction (1)
- Intersexual, Indonesian Marriage Law, Person with Disorder of Sexual Development (DSD), Marriage Cancelation (1)
- LMK/LMKN, UUHC, Permenkumham, works of music (1)
- Migrant Domestic Worker, breach of rights, policy and legislative, redresses mechanism (1)
- Peasant resistance, state response, fulfillment, land rights (1)
- Trafficking in persons, fisheries, Thailand, Indonesia, MLA (1)
Articles 1 - 21 of 21
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 …
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, …
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi
Indonesia Law Review
Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have …
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan
Indonesia Law Review
This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal …
Bridging The Implementation Of Nagoya-Kualalumpur Supplementary Protocol On Liability And Redress In Indonesia, Wahyu Yun Santoso
Bridging The Implementation Of Nagoya-Kualalumpur Supplementary Protocol On Liability And Redress In Indonesia, Wahyu Yun Santoso
Indonesia Law Review
Aside the Nagoya Protocol on Access and Benefit Sharing, which is already ratified by Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for “megabiodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, the need for ratifying is urge. This legal-normative research aims to seek the existing regulation in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for biodiversity. Based on …
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Judicial Review On Administrative Action: Reflection On The Bank Century Bailout Policy, Lily Evelina Sitorus
Indonesia Law Review
Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible to the public. At the time of the global financial crisis, many countries did not have the necessary rules to solve the problems that arose. In Indonesia, the government’s decision to bail out Bank Century has remained controversial up to the present time. The need for a comprehensive law dealing with economic, political and social factors should be considered. The Indonesian Law regarding Government Administration provides for the code of conduct for government action. An entire chapter …
Access To Ecological Justice For The Marginalised People Of Indonesia: Is It A Genuine Or Pseudo Recognition And Protection?, Nurjaya I Nyoman, Rachmad Safaat
Access To Ecological Justice For The Marginalised People Of Indonesia: Is It A Genuine Or Pseudo Recognition And Protection?, Nurjaya I Nyoman, Rachmad Safaat
Indonesia Law Review
The era following the 1972 Stockholm Declaration and subsequently the 1992 Rio de Janeiro Declaration, brought about a great amount of concern of the international community, in developed as well as under-developed countries, for human environment and natural resources preservation, management and protection. It includes the equitable allocation and distribution of natural resources as well as fair participation in environmental decision-making, respect and recognition of rights of the people and particularly indigenous communities. This is the so called access to justice for all that refers to a genuine access by people and communities to obtain just and fair democratic mechanism …
Peradilan Etik Dan Etika Konstitusi [Court Of Ethics And Constitutional Ethics], Qurrata Ayuni
Peradilan Etik Dan Etika Konstitusi [Court Of Ethics And Constitutional Ethics], Qurrata Ayuni
Indonesia Law Review
This book presents an idea on making a court of ethics in Indonesia, written by Indonesia’s famous scholar in Constitutional Law, Prof. Dr. Jimly Asshiddiqie. This book has brought new perspectives by advancing the existence of law of ethics in the domination of rule of law.
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan
Indonesia Law Review
This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …