Indonesia Law Review最新文献

Limiting the Legality of Determining Suspects in Indonesia Pre-Trial System 论印尼审前制度中确定犯罪嫌疑人的合法性

Indonesia Law Review Pub Date : 2021-09-03 DOI: 10.15742/ILREV.V11N2.691

I. G. W. Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi

{"title":"Limiting the Legality of Determining Suspects in Indonesia Pre-Trial System","authors":"I. G. W. Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi","doi":"10.15742/ILREV.V11N2.691","DOIUrl":"https://doi.org/10.15742/ILREV.V11N2.691","url":null,"abstract":"This article aims to examine what the pre-trial judges consider in determining suspects. The basis of the reason \"not based on the provisions and legal procedures in force\" is a pre-trial petition. Including examining whether the Notification Letter for the Commencement of Investigation has not been submitted to the Reported Party and the Reporting Party, it can be used as a basis for the judge's consideration to judge the legality of the determination of the suspect. This article uses a legal research method through a statutory, conceptual, and case approach. This article finds that after the issuance of the Constitutional Court Decision Number 21 / PUU-XII / 2014 and the Supreme Court Regulation Number 4 of 2016, the fulfillment of preliminary evidence, namely that two valid pieces of evidence constitute the absolute standard of determining the suspect. Besides, in terms of proof, pre-trial only assesses the validity of formal aspects, which incidentally do not touch the case's subject matter. An application for the cancellation of a suspect's status, for whatever reason, cannot be granted as long as the initial evidence is not fulfilled, namely the two pieces of evidence listed in Article 184 paragraph (1) of the Criminal Code (KUHAP). Ultimately, this study recommends the need for affirmation in determining a suspect through the Draft Criminal Procedure Code to achieve legal certainty and fulfillment of the suspect's human rights.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67345228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Understanding the Role of Consent in Data Protection Regime: How Indonesia Can Learn From the GDPR 理解同意在数据保护制度中的作用:印度尼西亚如何从GDPR中学习

Indonesia Law Review Pub Date : 2021-08-31 DOI: 10.15742/ILREV.V11N2.716

A. Lahuddin

{"title":"Understanding the Role of Consent in Data Protection Regime: How Indonesia Can Learn From the GDPR","authors":"A. Lahuddin","doi":"10.15742/ILREV.V11N2.716","DOIUrl":"https://doi.org/10.15742/ILREV.V11N2.716","url":null,"abstract":"The issue of consent has received considerable critical attention in the data protection regime. The recent development of the data-driven economy, which heavily rely on data processing, have heightened the need for data protection. Furthermore, previous research has established that data processing deals with the individual’s fundamental rights where the processing would be considered as unlawful without prior individual’s consent. However, the Indonesian Government seems to not address these issues of consent in the data processing seriously, since currently there is no general data protection law. Conversely, the European Union’s (‘EU’) legislative history shows the reliance on consent as a measure for legitimising data processing. The General Data Protection Regulation (‘GDPR’) provides the most comprehensive requirements of consent as a lawful ground of data processing. Interestingly, the concept of consent is a dominant feature in Indonesia’s proposed Personal Data Protection Law (‘PDPL’) which first introduced in 2015. The present research aimed to evaluate the effectiveness of conditions of consent in the proposed PDPL, using the GDPR as the benchmark of the comparative analysis. The analysis revealed that the proposed PDPL fails to address the conditions of consent as comprehensive as the GDPR. It is argued that the substance of the proposed PDPL content was more or less a copy-paste of the concept and provisions from the GDPR without knowing the objective of such concept and provisions. This research provided a valuable opportunity to demonstrate that it is essential to include a comprehensive condition of consent within Indonesian data protection legislation.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43571321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Simple, Speedy, and Low Cost Trial : A Panacea For Corruption in Indonesia? 简单、快速、低成本的审判:印尼治理腐败的灵丹妙药?

Indonesia Law Review Pub Date : 2021-08-31 DOI: 10.15742/ILREV.V11N2.622

T. Santoso, F. M. Nelson

引用次数: 0

CRIMINISTRATIVE LAW: DEVELOPMENTS AND CHALLENGES IN INDONESIA 印尼刑法的发展与挑战

Indonesia Law Review Pub Date : 2021-04-30 DOI: 10.15742/ILREV.V11N1.647

Nathalina Naibaho, H. Harkrisnowo, Suhariyono Ar, M. Wibisana

引用次数: 3

THE ADMISSIBILITY OF EARTH OBSERVATION DATA IN LEGAL PROCEEDINGS: A CLOSER LOOK TOWARDS DATA IMAGING 地球观测数据在法律诉讼中的可采性&对数据成像的再认识

Indonesia Law Review Pub Date : 2021-04-30 DOI: 10.15742/ILREV.V11N1.662

A. Muhammad

引用次数: 0

THE TECHNOLOGICAL LIMITS OF THE RULE OF LAW, AND THE PERSPECTIVE OF DEVELOPING STATES 法治的技术局限与发展中国家的视角

Indonesia Law Review Pub Date : 2021-04-30 DOI: 10.15742/ILREV.V11N1.694

H. Lim

{"title":"THE TECHNOLOGICAL LIMITS OF THE RULE OF LAW, AND THE PERSPECTIVE OF DEVELOPING STATES","authors":"H. Lim","doi":"10.15742/ILREV.V11N1.694","DOIUrl":"https://doi.org/10.15742/ILREV.V11N1.694","url":null,"abstract":"The 4th industrial revolution and its attendant technologies has given rise to many discussions around the impact of technology on justice and the rule of law. The working assumption here that an effective state is necessary to establish the rule of law, thus it is necessary to understand the impact of such technology on the state itself to fully appreciate the impact of such technology on the rule of law. In doing so, it is important to recognise and consider that not all states are the same and it is necessary to consider the differences between states. Moreover, such topics are generally discussed from the perspective of developed and industrialized states, where such technology is most extensively developed and deployed. But the impact of the 4th industrial revolution is not limited to the developed world, and communities in developing states constantly engage with such technology, particularly with social media, even if such technology and platforms are developed elsewhere. This paper seeks to position the discussion within the context of developing countries in Southeast Asia to demonstrate the necessity of developing technologically relevant institutions. In doing so, the past experiences of post-colonial developing states, who are on their own journey in establishing effective institutions relevant to their communities, would be invaluable in this process.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47614423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

KOMNAS HAM'S HUMAN RIGHTS JURISDICTION OVER BUSINESSES INVOLVED IN THE HAZE CRISIS Komnas火腿对涉及雾霾危机的企业的人权管辖权

Indonesia Law Review Pub Date : 2021-04-30 DOI: 10.15742/ILREV.V11N1.692

I. Prihandono, N. Hosen, Keely Boom

{"title":"KOMNAS HAM'S HUMAN RIGHTS JURISDICTION OVER BUSINESSES INVOLVED IN THE HAZE CRISIS","authors":"I. Prihandono, N. Hosen, Keely Boom","doi":"10.15742/ILREV.V11N1.692","DOIUrl":"https://doi.org/10.15742/ILREV.V11N1.692","url":null,"abstract":"Indonesia’s forest fires have caused a serious haze problem nationally and in the Southeast Asian region, which has caused harm to the human rights to life, health and a healthy environment, work, education, and many others. The forest fires largely stem from harmful slash-and-burn methods of land clearing, done at large scales by corporations. Judicial mechanisms have proven ineffective to deter violating corporations and bring justice to victims. From a legal standpoint, Komnas HAM’s quasi-jurisdictional powers allow it to act as a non-judicial grievance mechanism for victims in the haze crisis and against violating corporations. However, issues with the non-binding nature of its reports and mediation, inability to compel violating corporations to participate in its investigation and mediation, as well as declining trust in Komnas HAM’s integrity may prove to be significant barriers to the effective exercise of jurisdiction and the provision of effective remedies to victims. Komnas HAM and ELSAM’s national human rights plan, issued in 2017, is a step in the right direction. However, further steps are required from a legislative standpoint to broaden Komnas HAM’s mandate for it to effectively perform its functions, in the haze crisis and beyond.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45083373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

WHEN CHILDREN’S RIGHTS ARE AT STAKE, SHALL COURT REMAIN SILENT? ANALYSIS ON THE IMPLEMENTATION OF PASSIVITY OF JUDGE PRINCIPLE IN CHILD MARRIAGE DISPENSATION IN INDONESIA 当儿童的权利受到威胁时，法院应该保持沉默吗?法官被动原则在印尼童婚救济中的实施分析

Indonesia Law Review Pub Date : 2021-04-30 DOI: 10.15742/ILREV.V11N1.693

Laras Susanti

{"title":"WHEN CHILDREN’S RIGHTS ARE AT STAKE, SHALL COURT REMAIN SILENT? ANALYSIS ON THE IMPLEMENTATION OF PASSIVITY OF JUDGE PRINCIPLE IN CHILD MARRIAGE DISPENSATION IN INDONESIA","authors":"Laras Susanti","doi":"10.15742/ILREV.V11N1.693","DOIUrl":"https://doi.org/10.15742/ILREV.V11N1.693","url":null,"abstract":"This article explores the existence of asas hakim pasif (passivity of judge principle) in cases involving children in civil cases in Indonesia. As one of the basic principles in civil procedure, judges must be bound by the scope of case and evidence brought by parties. The principle is not absolute, showing that pursuant to Law on Judicial Power: judges are obliged to uphold justice by exploring law and social values more than often. A study case in marriage dispensation shows that judges are facing the pluralism orders. Therefore, judges’ value and understanding of children rights is a determinant factor. Recently, the Law on Marriage Number 1 of 1974 was amended along with the enactment of Supreme Court Regulation Number 5 of 2019 on Guidance of Marriage Dispensation Examination, which provides better protection for children from child marriage, both substantive and procedural rights. This article then recommends judges to be more active in deciding child marriage by upholding the spirit of child protection and encourages the Supreme Court (Mahkamah Agung) to increase activities to mainstreaming child protection issues.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47711558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

INEFFECTIVE REFUGEE STATUS DETERMINATION PROCESS: HINDRANCE TO DURABLE SOLUTION FOR REFUGEES RIGHTS AND PROTECTION 无效的难民地位确定程序:阻碍难民权利和保护的持久解决

Indonesia Law Review Pub Date : 2021-04-30 DOI: 10.15742/ILREV.V11N1.687

Rohaida Nordin, Norilyani Hj Md Nor, Rosmainie Rofiee

{"title":"INEFFECTIVE REFUGEE STATUS DETERMINATION PROCESS: HINDRANCE TO DURABLE SOLUTION FOR REFUGEES RIGHTS AND PROTECTION","authors":"Rohaida Nordin, Norilyani Hj Md Nor, Rosmainie Rofiee","doi":"10.15742/ILREV.V11N1.687","DOIUrl":"https://doi.org/10.15742/ILREV.V11N1.687","url":null,"abstract":"In any Host States, the process of Refugee Status Determination (RSD) conducted by the United Nations High Commissioner for Refugees (UNHCR) is critical in facilitating asylum-seekers to seek necessary protections. UNHCR ensures that asylum-seekers will not be returned involuntarily to the State of Origin where they could face persecution. As a long-term solution, UNHCR helps refugees to find appropriate and permanent solutions to their plights, either by repatriating them voluntarily to their homeland or assisting them to integrate into the States of Asylum or helping them to resettle in third States. In the absence of domestic legal protection in dealing with the refugees and asylum-seekers in Malaysia, a variety of operations are carried out by UNHCR, including the admission, registration, documentation and status determination of asylum seekers and refugees. In order to prevent the deportation of individual qualified for international protection, UNHCR should reassess its RSD process in Malaysia, and consider alternative means that would be less burdensome and less risky for people who are fleeing violence and human rights violations. Primarily aimed at reassessing the RSD process in Malaysia using a doctrinal and comparative approach, the analysis is presented in four parts in this article. The first part provides for the definition and current statistics of refugee and asylum-seekers in Malaysia; the second part examines the mechanism of RSD conducted by UNCHR under international law; the third part focuses on how RSD operates in Malaysia; and the last part reviews the mechanism of RSD in Indonesia and Brazil.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46378475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Utilization of Geographical Indication Protection System for Traditional Handicrafts in Indonesia 印尼传统手工艺品地理标志保护制度的运用

Indonesia Law Review Pub Date : 2020-12-31 DOI: 10.15742/ILREV.V10N2.653

Ranggalawe Suryasaladin Sugiri

引用次数: 3