cover
Contact Name
WAHID FATHONI
Contact Email
wafathoni@gmail.com
Phone
-
Journal Mail Official
iclr@umy.ac.id
Editorial Address
Faculty of Law Universitas Muhammadiyah Yogyakarta, 2nd Floor, Gedung Ki Bagus Hadikusumo E-5, Jalan Brawijaya, Tamantirto, Kasihan, Yogyakarta, Indonesia
Location
Kab. bantul,
Daerah istimewa yogyakarta
INDONESIA
Indonesian Comparative Law Review
ISSN : 26552353     EISSN : 26556545     DOI : -
Core Subject : Social,
Indonesian Comparative Law Review (ICLR) (ISSN: 2655-2353, E-ISSN:2655-6545 is a periodical scientific-journal published by the Faculty of Law, Universitas Muhammadiyah Yogyakarta in collaboration with the Indonesian Association of Comparative Laws. The journal will be published twice a year in December and June. ICLR’s vision is to be a leading scientific journal in comparative law. ICLR has a unique approach in creating innovative discourse on harmonization among legal systems. ICLR will receive many articles from legal scholars from reputable universities worldwide.
Arjuna Subject : Umum - Umum
Articles 16 Documents
Human Rights Court and Truth Reconciliation Commission for the Settlement of Human Rights in Indonesia Junaedi, Junaedi
Indonesian Comparative Law Review Vol 1, No 1 (2018)
Publisher : Indonesian Comparative Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case.  The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.
E-HAILING TRANSPORTATION AND THE ISSUE OF COMPETITION IN INDONESIA Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 2, No 1 (2019): December
Publisher : Indonesian Comparative Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

E-hailing transportation can be an alternative solution for both fulfilling the increasing demand for public transportation and reducing the number of vehicles on the road. As a populated country, Indonesia has benefited much from the emergence of e-hailing transportation. Unfortunately, despite positive impacts that have been enjoyed, numerous issues have arisen along with the growth of e-hailing transportation in the country. There are several indications that e-hailing companies have been involving in an unfair competition, including predatory pricing. This is done by offering very low fare of transportation services (commonly referred to as promotion fare) whose purpose is to eliminate their competitors. As such, the winner will be monopolizing the market and harming the ecosystem in it. The aims of this paper is to examine whether the Indonesian competition law can address the unfair business competition within e-hailing industry. It is found that e-hailing industry in Indonesia has been exposed to the practice of cash-burning by the business players. Competition law is needed to foster fair competition among the business players in e-hailing industry. Furthermore, the Government needs to formulate the good competition policy and ensure its enforcement.
REVIEWING THE PROSECUTION OF MEDICAL PRACTITIONERS IN COMMON LAW COUNTRIES: A NEEDED STEP OR A FLAWED APPROACH? Wahab, Mohd. Iqbal Bin Abdul; Qazi Zada, Mohd Ziaolhaq
Indonesian Comparative Law Review Vol 2, No 1 (2019): December
Publisher : Indonesian Comparative Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The prosecution of medical practitioners for the medical gross negligence has dramatically increased in the past decades. This was in a bid to curb the high prevalence and occurrence medical malpractice by the medical community. However, there are no proper data to support that the prosecution had any significant impact in reduction of such occurrences. Many believe that the criminal prosecution for medical practitioners in the course of their duties is not a right approach to take on. This paper aims to examine the medical gross negligence that occurred by the medical practitioners by reference to the various different common law countries and decided cases. 
THE DOCTRINE OF INFORMED CONSENT AND DUTY OF DISCLOSURE IN SELECTED JURISDICTIONS: A COMPARATIVE STUDY Badli Esham, Alyssa Dalila
Indonesian Comparative Law Review Vol 2, No 1 (2019): December
Publisher : Indonesian Comparative Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Informed consent constitutes one of crucial issues within medical practice. The paper aims to address the approaches to informed consent, particularly on the subject of disclosure of information in five countries, namely the US, the UK, Australia, Malaysia, and Indonesia. It will look into the implications brought upon the healthcare and judicial system in the respective countries. It is found that most countries have departed from the previous paternalistic approach by doctors and encouraged individualism. In line with the determination of the principle of autonomy, the patients are no longer passive recipients in medical care. It is also found that the medical law envisioned and enforced in common law countries especially in the US, the UK, Australia and Malaysia is quite different compared to the civil legal system in Indonesia. Other than that, as a country that is highly ingrained with Islamic values of life, the perspective of human rights and individualism in Indonesia is distinct from most of the other countries studied.
A COMPARATIVE LEGAL STUDIES OF ABORTION POLICIES IN INDONESIA, MALAYSIA AND ENGLAND Firzaa, Nur Ras
Indonesian Comparative Law Review Vol 2, No 1 (2019): December
Publisher : Indonesian Comparative Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper aims to address the issue of abortion from the perspective of Malaysian law, Indonesian law, English law and Islamic Jurisprudence. It will look into the three national laws to extricate ruling in regards to abortion and simultaneously making an effort to have knowledge on the ruling of abortion taking into consideration of Islamic Jurisprudence. This paper also critically discussed the law cases that had been decided by courts in each jurisdiction and made comparison to identify both the similarities and dissimilarities. The paper had reached some fundamental outcome which are: Malaysian law and Indonesian law impede abortion except in case of necessity and when there are reasonable justifications, however, English law provides that abortion can be done if the fetus is less than 24 weeks of pregnancy. In addition, the scholars are in consensus that abortion is prohibit when the fetus starts to breath.
THE PREVENTION UPON THE CONGENITAL ANOMALIES EFFECT: A COMPARATIVE STUDY BETWEEN INDONESIA, THE UNITED KINGDOM AND THE UNITED STATES Umar, Wahyudi; Salim, Andi Agus; Cahya Kusuma Putri, Desy Nur
Indonesian Comparative Law Review Vol 2, No 1 (2019): December
Publisher : Indonesian Comparative Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Birth defects or congenital anomalies affect an estimated 1 in 33 infants, resulting in 3.2 million children with disabilities relating to birth defects every year. In addition, 11.3% of 2.68 million infant mortality caused by birth defects. South-East Asia region has the second highest prevalence of birth defects in the world, 9% of under-five deaths and 12% of newborn deaths in South-East Asia Region were due to congenital anomalies in 2015. In response to this, some countries have established law to prevent children from congenital anomalies. In fact, genetic is not the single factor causing the congenital anomalies. In many cases they were also the result of wrongful conduct of persons. The United Kingdom, for example, had passed a law to deal with the issue of congenital anomalies since 1976. Considering the above-mentioned statistic of birth defects in South-East Asia region, Indonesia have to take an action to prevent or reduce their occurrence. The paper aims to explore the possible ways to prevent the congenital anomalies in Indonesia. It is found that the prevention of congenital anomalies can be made through legal instruments. Unfortunately, the existing law, including the Child Protection Act, do not cover such an issue. With regard to this, the reform upon the law relating to it is urgent. For this purpose, learning from other countries such as the United States and the United Kingdom seems to be necessary.

Page 2 of 2 | Total Record : 16