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INDONESIA
Indonesia Law Review
Published by Universitas Indonesia
ISSN : 20888430     EISSN : 23562129     DOI : 10.15742
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesia Law Review (ILREV) is an initiative of Djokosoetono Research Center (DRC) Faculty of Law University of Indonesia. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as private laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed. A recommendation by the Editors on specific research issues to be covered in each volume may be made available to prospective contributors prior to publication of the volume in April, August and December.
Arjuna Subject : -
Articles 207 Documents
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International Mixed Marriage in Indonesia and ASEAN Arijati, Lita
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.588

Abstract

The 1958 New York Convention in Indonesia: History and Commentaries Beyond Monism-Dualism Lumbantobing, John
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.583

Abstract

This Article recounts a complete history of Indonesia’s implementation of the 1958 NY Convention. In particular, the elaboration and analysis focus on the comparison between related provisions in the 1999 Indonesian Arbitration Law and the Convention’s provisions as well as on several key Indonesian court decisions on enforcement of foreign arbitral awards. Different than other writings in this area, this Article looks more closely at the practical issues which affect the way Indonesian courts apply or interpret the 1958 NY Convention, such as procedural hurdle and the judicial capacity to comprehend and understand basic concepts and principles of arbitration. The Article shows that those practical issues very much influence the implementation of the Convention in Indonesia while the courts oscillate between monism and dualism, and highlights the important role of doctrines in developing Indonesian jurisprudence on this area. In that vein, the conclusion here may also contribute in answering the wider question about the position of treaties under Indonesian law and how they are implemented in Indonesia beyond the superficial debate on monism-dualism.
Bali Mawacara: Is A Quasi-common Law System Developing in Balinese Customary Law? Kelly, Danial; Windia, Wayan P
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.587

Abstract

The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational sources and purposes of authority in the Balinese customary law system and analyse the pressures of change upon that system. It will be argued that an embryonic quasi-common law system is developing in the Balinese customary law system due to the recent formation of the Majelis Utama Desa Pakraman and the Bali mawacara jurisprudence.
Developing A Legal Framework of Personal Data Protection in The Indonesian Criminal Procedure Law Sitompul, Josua
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.582

Abstract

Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to answer the question: how may Indonesian law enforcement authorities interpret the current law to establish a coherent legal framework to protect personal data in searching or seizing voluminous data? The interpretation is instrumental in supporting the development of the Indonesian regime on personal data protection. It proposes that the Indonesian criminal procedure law should emphasise the active role of the chief judges of competent district courts and should incorporate specificity and proportionality as conditions and safeguards in the execution of search and seizure of electronic evidence.
Limitation of Rights As A Manifestation of Duties and Responsibilities Pertaining to The Freedom Expression in Digital Communications Makarim, Edmon; Brata, Muhammad Ibrahim; Arsyafira, Nabilla
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.586

Abstract

The freedom of expression is thriving due to the global use of the internet. The digital era has revolutionized the scope, practices, and even the definition of freedom expression. However, it also evokes a number of social concerns. Offenses such as the circulation of defamation, hate speech, misleading propaganda to the masses, and fraud, for instance, can be found in the internet. Certain limitations deriving from the conditions prescribed by the human rights principles and instruments as well as the national constitution are therefore prudent to prevent the excess of freedom. As a state that abides to the rule of law, Indonesia recognizes the freedom of expression as a manifestation of human rights that is crucial to democracy. While new laws such as the Information and Electronic Transaction Act have been enacted to answer the challenges brought by the digital era upon the freedom of expression, the question of whether the existing laws have accommodated an ideal balance between restriction and protection for the freedom of expression remains a matter worth reviewing. This paper aims to study the limits of the freedom of expression, particularly in the digital context, in the constellation of the Indonesian legal system and how they converge and correlate with one another. Finally, this study concludes that the Indonesian government must protect its citizens from the spread and use of illegal content in electronic communications by enforcing and harmonizing its criminal, private, and administrative law configurations.
The Embodiment of Adat Law As An Element of Legal Certainty in Administration of Adat Rights Gunadi, Anne
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.585

Abstract

Former Adat land is formed based on the assessment of Adat Law, not because of state granting or land registration, and the Agrarian Basic Law recognizes it through provisions on conversion provisions, where former customary land rights are converted into ownership rights if the subject is an Indonesian citizen. The registration of former adat land rights aims to guarantee legal certainty, by abolishing former customary land, and being converted to ownership rights, with the issuance of certificates of land rights, which are formally subject to the system of control over land regulated in Agrarian Basic Law. Before the enactment of the Agrarian Basic Law, on customary land, only a fiscal cadastre was carried out, for the purpose of collecting land taxes, with evidence of girik, kekitir, petuk, kohir or excerpt from letter C, for adat land located in villages or Indonesian respondents for adat land in the city. From the point of proof of former adat land rights, consisting of complete written evidence, incomplete written evidence or no written evidence at all, carried out in 2 two) the procedure for registering former adat land rights is a conversion confirmation procedure only for complete written evidence and procedure for recognition of rights followed by conversion, for written evidence that is incomplete or non-existent at all. Legal uncertainty in registering former adat land rights is due to legal actions or events that have occurred since the enactment of the Basic Agrarian Law until the last rights holder is not recorded in the land book in the village or kelurahan, so the community or village head does not know the land history, legal subject the object of the plot of land and the legal relationship that occurs relating to the control of the land. In overcoming this legal uncertainty, using normative juridical methods, the principle of adat law was reduced to legal principles, which were used as parameters for head of adat or village heads in determining legal certainty regarding the legal status of adat land, legal subjects, land objects, legal relations relating to control of adat land as well as in the management of land book administration in the village or kelurahan that is open to the public.
DEVELOPING A LEGAL FRAMEWORK OF PERSONAL DATA PROTECTION IN THE INDONESIAN CRIMINAL PROCEDURE LAW Sitompul, Josua
Indonesia Law Review Vol 9, No 3 (2019)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15742/ilrev.v9n3.576

Abstract

Searching and seizing voluminous data is a challenge that Indonesian law enforcement authorities should resolve. Indonesia does not have a comprehensive regime on personal data protection. The absence of a coherent legal framework on personal data protection does not negate the obligation of Indonesian law enforcement authorities to protect personal data of Indonesian subjects. However, the absence of the framework may lead to uncertainties or ambiguities on how the authorities should protect personal data. Against the uncertainties and ambiguities, Indonesian law enforcement authorities should resolve issues of voluminous data in obtaining e-information with the prevailing legislation. This article attempts to answer the question: how may Indonesian law enforcement authorities interpret the current law to establish a coherent legal framework to protect personal data in searching or seizing voluminous data? The interpretation is instrumental in supporting the development of the Indonesian regime on personal data protection. It proposes that the Indonesian criminal procedure law should emphasise the active role of the chief judges of competent district courts and should incorporate particularity and proportionality as conditions and safeguards in the execution of search and seizure.
Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law Barlinti, Yeni Salma
Indonesia Law Review Vol 1, No 1 (2011)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (27.214 KB)

Abstract

This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
A Critical Analysis Of REDD+ Legal Architecture In Reducing Emissions From Forestry Sectors In Indonesian Wardana, I Gusti Agung Made
Indonesia Law Review Vol 2, No 1 (2012)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (708.355 KB) | DOI: 10.15742/ilrev.v2n1.13

Abstract

A new scheme called “Reducing Emissions from Deforestation and Forest Degradation in Developing Countries plus Conservation, Sustainable Management of Forests, and Enhancement of Forest Carbon Stocks” (REDD+) is being discussed to be one of the essential elements of the post-2012 global climate change regime. Many countries have put their proposal on the architectures of such scheme to the UNFCCC and demonstrated pilot projects on the ground as well. The research has been conducted to analyze critically the extent to which the REDD+ architecture being designed in Indonesia would be able to deliver climate effectiveness, costs efficient, equity outcomes and social and environmental co-benefits (3E+). It is argued that the basic idea of REDD+ is very simple to incentivize emission-reduction activities from forestry sectors in developing countries. However, so far, the REDD+ architecture appears to contain several contentious issues. Therefore, the issues should be addressed seriously otherwise they would undermine the REDD+ objectives.
SWOT Analysis of Alternative Development Strategies for Dealing in Defense of the Nation in Papua Disintegration Yanti, Vita Bayu Indah
Indonesia Law Review Vol 3, No 2 (2013)
Publisher : Faculty of Law, Universitas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.75 KB) | DOI: 10.15742/ilrev.v3n2.36

Abstract

As one of Indonesia’s provinces located in the most eastern part of the country, Papua’s tumultuous history has resulted in the granting of a special autonomy under Law Number 21 Year 2001 on Special Autonomy for Papua Province. The special autonomy u is a social contract between the Republic of Indonesia (Republic of Indonesia) to Papua since the 1960s. Conflict in Papua has existed at the time of Papua became part of the Republic of Indonesia in 1963. The conflict in Papua is an intrastate conflict and need to be resolved so that no large material losses and social cohesion. Good understanding of national security in particular to address the threat, in this case is also related to economic security is imperative.

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