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- Agricultural, palm oil, malaysia, sustainable (1)
- Airline alliance, code-share arrangements, liability, compensation, consumer protection (1)
- Asylum seekers, indonesia, immigration, refugees, resettlement (1)
- Bp migas, unconstitutional, state control, noc (1)
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- Forced evictions, public interests, community interests, Indonesia (1)
- Franchised city hotel, local city hotel, non discrimination system, model provisions of local government regulation, self-regulation framework (1)
- Iuu fishing, state responsibility, flag state, itlos, unclos (1)
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- Mediation, dispute resolution, tax dispute, taxpayer, alternative dispute resolution (1)
- Peace agreement (mou), free aceh movement (gam), government of indonesia (goi), international law (1)
- Rape, criminal law, criminal procedure (1)
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Articles 1 - 20 of 20
Full-Text Articles in Law
Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat
Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat
Indonesia Law Review
The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. …
Indonesia’S Upstream Petroleum Governance Reform: Which Model Is Constitutional Enough?, Afghania Dwiesta
Indonesia’S Upstream Petroleum Governance Reform: Which Model Is Constitutional Enough?, Afghania Dwiesta
Indonesia Law Review
The Indonesian Constitutional Court abruptly annulled provisions regarding the function of BP Migas as state representative in managing upstream oil and gas operations in Indonesia, declaring it unconstitutional. Apparently, the Court was convinced that exercising absolute state control over hydrocarbon operations would give the utmost benefit to the people. This research argues that in achieving such goals, a state must be able to create strong administrative infrastructure and regulatory regime capable of controlling and supervising hydrocarbon operations in accordance with both national and international oil fields. Using a comparative study method with secondary data collection, this research observes Norway’s, Mexico’s, …
Book Review Law And Politics Of Constitutional Courts, Thomas E. Simmons
Book Review Law And Politics Of Constitutional Courts, Thomas E. Simmons
Indonesia Law Review
Stefanus Hendrianto’s “Law and Politics of Constitutional Courts” is part of Routledge’s series titled “Comparative Constitutionalism in Muslim Majority States.” The book combines several narratives and themes. It summarizes the late 20th century political history of Indonesia. It describes the birth of the Indonesian Constitutional Court. It advances the idea of judges as prudential-minimalist heroes. It considers Aristotle and the scholarship of Mark Tushnet. It presents weird analogies to the IIliad, the Odyssey, and the heroic tales contained the epic Mahabharara. But primarily it is an extended legal biography of the Constitutional Court’s founding chief justice, Jimly Asshibbiqie. In a …
Legal Status Of Virtual Currency In Indonesia In The Absence Of Specific Regulations, Soonpeel Chang
Legal Status Of Virtual Currency In Indonesia In The Absence Of Specific Regulations, Soonpeel Chang
Indonesia Law Review
Given Indonesia’s recent legal policy developments regarding cryptocurrency, it is pertinent to ask whether this new investment market, by its overall structural formation, holds any further risks to Indonesia beyond those to individual parties. This paper contends that any effective regulation of this new ecosystem requires adoption of the machinery of more fundamental concepts and a clear direction. Even if the Government’s skepticism about soundness of the cryptocurrency markets is fully justified, how best to protect the various parties in the market is a different issue, one which calls for urgent attention from policy makers, legal practitioners, the judiciary and …
Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra
Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra
Indonesia Law Review
There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based …
Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo
Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo
Indonesia Law Review
Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators and reparations for the victims. This article focuses on fulfilling the rights of women victims of past gross human rights violations. It will be based on normative legal research by which the existing laws are critically analyzed in order to expose the …
Legal And Non-Legal Agricultural Practices: Toward A Sustainable Future In Malaysia’S Palm Oil Industry, Hanim Kamaruddin, Harlida Abdul Wahab, Haslinda Mohd Anuar
Legal And Non-Legal Agricultural Practices: Toward A Sustainable Future In Malaysia’S Palm Oil Industry, Hanim Kamaruddin, Harlida Abdul Wahab, Haslinda Mohd Anuar
Indonesia Law Review
As a major global producer of palm oil products, Malaysia is familiar with criticisms of its palm oil cultivation, poor agricultural practices and decisions during the planting process. Loss of biodiversity and deforestation resulting from unsustainable palm oil practices are perceived as major setbacks for the environment in Malaysia. However, at the same time as Malaysia stands committed to the palm oil industry and its contribution to job growth and poverty reduction, the relevant stakeholders are creating strategies for sustainable production. Together with relevant environmental laws to prevent and control impacts from climate change, loss of biodiversity and deforestation, environmental …
The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia, Siti Noor Malia Putri
The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia, Siti Noor Malia Putri
Indonesia Law Review
Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in …
Emerging Balinese Franchised City Hotels In Legal Contexts: Toward Model Provisions Of Local Government Regulation And A Self-Regulation Framework, Ni Ketut Supasti Dharmawan, Made Suksma Prinjandhini Salain, Benjamin Hallewell
Emerging Balinese Franchised City Hotels In Legal Contexts: Toward Model Provisions Of Local Government Regulation And A Self-Regulation Framework, Ni Ketut Supasti Dharmawan, Made Suksma Prinjandhini Salain, Benjamin Hallewell
Indonesia Law Review
The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in terms of the quality of hotel standardization and reputation. Still, such hotels remain incomparable to the Balinese city hotels managed traditionally by family owners. In the legal context, the emergence of various types of modern franchised city hotels in Bali is influenced by suitable laws and policies, such as the World Trade Organization (WTO) Agreement with one of its …
Peace Agreement Between The Government Of Indonesia And Free Aceh Movement: Its Natures And Challenges, M. Yakub Aiyub Kadir
Peace Agreement Between The Government Of Indonesia And Free Aceh Movement: Its Natures And Challenges, M. Yakub Aiyub Kadir
Indonesia Law Review
This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the …
Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa
Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa
Indonesia Law Review
This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a …
Mediation For Indonesian Tax Disputes: Is It Potential Alternative Strategy For Resolving Indonesian Tax Disputes?, Khoirul Hidayah, Suhariningsih Suhariningsih, Istislam Istislam
Mediation For Indonesian Tax Disputes: Is It Potential Alternative Strategy For Resolving Indonesian Tax Disputes?, Khoirul Hidayah, Suhariningsih Suhariningsih, Istislam Istislam
Indonesia Law Review
Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the collaborative relationship. Mediation is a solution to encourage this positive bond in solving the dispute. It is successfully implemented in Australia. The similar way is strongly recommended for the Indonesian Government to develop a good relationship between taxpayers …
International And Domestic Law Aspects Of Cross-Border Insolvency In Order To Establishing Cross-Border Insolvency Regulation In Asean: Indonesian Perspective, Moch Najib Imanullah, Emmy Latifah, Pramesthi Dinar Kirana Ratri
International And Domestic Law Aspects Of Cross-Border Insolvency In Order To Establishing Cross-Border Insolvency Regulation In Asean: Indonesian Perspective, Moch Najib Imanullah, Emmy Latifah, Pramesthi Dinar Kirana Ratri
Indonesia Law Review
The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies were generally out of date and irrelevant to the modern commercial needs, particulary the cross-border insolvency matters that has not been well regulated. ASEAN has initiated an integrated economy regional by launching an ASEAN Economic Community on late 2015. It aimed to …
Book Review Asian Conflict Of Laws - East And South East Asia, Priskila Pratita Penasthika
Book Review Asian Conflict Of Laws - East And South East Asia, Priskila Pratita Penasthika
Indonesia Law Review
Given the divergence of conflict of laws rules and recognition of foreign judicial decisions, a harmonized rules of conflict of laws is highly anticipated to improve legal certainty and cross-border commercial transactions. This book aims to provide a comprehensive overview of various approaches to conflict of laws of fourteen jurisdictions in East and South East Asia. It emphasizes that an understanding on the different frameworks toward conflict of laws in the region is necessary to encourage the harmonization attempts in the future. Corporate counsels, officials, policymakers, and other practitioners outside East and South East Asia are the intended readers of …
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott
Indonesia Law Review
This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right …
Is The Conditionally Constitutional Doctrine Constitutional?, Pramudya A. Oktavinanda
Is The Conditionally Constitutional Doctrine Constitutional?, Pramudya A. Oktavinanda
Indonesia Law Review
Under the Conditionally Constitutional Doctrine, the Indonesian Constitutional Court may declare that a provision of a statute is constitutional if it is read in a way described by the Constitutional Court. In practice, this doctrine allows the Constitutional Court to create new legal norms that might not be covered or even considered in the reviewed statute. The main question is: does the Constitutional Court have any legitimate reasons to use such doctrine? This is especially crucial because the Indonesian House of Representatives once banned the doctrine through amendment to Law No. 24 of 2003 on Constitutional Court in 2011 and …
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law In Excluding Prejudicial Evidence, Choky R. Ramadhan
Reforming Indonesian Rape Law: Adopting U.S. Rape Shield Law In Excluding Prejudicial Evidence, Choky R. Ramadhan
Indonesia Law Review
Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In several cases, the judge undermined victim’s testimony because of past sexual history and lack of resistance that led to more lenient punishment or acquit the defendant. Therefore, I assert that rape law itself should be revised to minimize judge’s prejudice or bias to several shreds of evidence. I suggest that Indonesia could learn from …
Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati
Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati
Indonesia Law Review
Forced evictions are considered as a “global epidemic” since they occur in several countries regardless of the states’ development level. The private ownership issues and the development issues are examples of rationales behind forced evictions. Under the human rights regime, states are obliged to refrain from any eviction, moreover, the states are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers a guideline for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening …
Legal Issues Surroundings Airline Alliances And Code-Share Arrangements: Insights For The Indonesian And Airline Industry, Ridha Aditya Nugraha
Legal Issues Surroundings Airline Alliances And Code-Share Arrangements: Insights For The Indonesian And Airline Industry, Ridha Aditya Nugraha
Indonesia Law Review
Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share arrangements could be seen as the perfect implementation of an airline alliance. Alliances are more flexible than cross-border mergers and takeovers due to national restrictions, making it legally viable and thus a preference. However, code-share arrangements have further legal implications that have led into classification of carriers and ended up a liability issue. There are several …
Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System, Josua Sitompul
Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System, Josua Sitompul
Indonesia Law Review
This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases. This raises a question whether law enforcement agencies comprehend the execution of the provisions. It also shows that law enforcement agencies are not always interested in getting digital forensic examination from which electronic evidence …