Indonesia Law Review最新文献_第3页

CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM 当代法律视野下的网络国家：印尼法律的悖论与寻求平衡的边际妥协

Indonesia Law Review Pub Date : 2020-08-31 DOI: 10.15742/ILREV.V10N2.635

David Tan

{"title":"CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM","authors":"David Tan","doi":"10.15742/ILREV.V10N2.635","DOIUrl":"https://doi.org/10.15742/ILREV.V10N2.635","url":null,"abstract":"Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49486753","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: 4

THE RISE AND THE FALL OF THE JURISDICTION OF INDONESIA'S ADMINISTRATIVE COURTS: IMPEDIMENTS AND PROSPECTS 印尼行政法院管辖权的兴衰:障碍与前景

Indonesia Law Review Pub Date : 2020-08-31 DOI: 10.15742/ilrev.v10n2.611

E. Simanjuntak

{"title":"THE RISE AND THE FALL OF THE JURISDICTION OF INDONESIA'S ADMINISTRATIVE COURTS: IMPEDIMENTS AND PROSPECTS","authors":"E. Simanjuntak","doi":"10.15742/ilrev.v10n2.611","DOIUrl":"https://doi.org/10.15742/ilrev.v10n2.611","url":null,"abstract":"If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the oneroof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to the Administrative Court jurisdiction. In this paper, I will discuss to what extent the Administrative Courts have indeed changed, survived, and improved the administration of justice in their field. I will first provide a short overview of the original jurisdiction on the Administrative Court Act (ACA), followed by an analysis of the legal impact of the enactment of the Government Administration Act (GAA) and other relevant Law and Regulation. This paper demonstrated that Administrative Court jurisdiction expansion urgently required harmonization between the ACA and the GAA: the existing legal gap has been not sufficiently filled by the Supreme Court Regulation (SCR) or Supreme Court Circular (SCC).","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67344719","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

DESA ADAT PROVINCIAL LAW: EXISTENCE STRENGTENING OR POWER FLEXING? Desa adat省法:存在加强还是权力弯曲?

Indonesia Law Review Pub Date : 2020-04-30 DOI: 10.15742/ILREV.V10N1.616

Luh Rina Apriani, Anna Erliyana

{"title":"DESA ADAT PROVINCIAL LAW: EXISTENCE STRENGTENING OR POWER FLEXING?","authors":"Luh Rina Apriani, Anna Erliyana","doi":"10.15742/ILREV.V10N1.616","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.616","url":null,"abstract":"The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat in Siak Regency, to compel the villages in their area to meet the criteria as Indigenous Villages as mandated by the Desa Law. The Regional Regulation of the Province of West Sumatra Number 7 of 2018 concerning Nagari shows political debate to fulfill the mandate of the Village Law, which is criticized as large among the minimal nuances of custom and culture. Bali, which has been living in a circle of the existence of Desa Adat and Desa Dinas, has also examined the responses to the existence of the Desa Law drawn from discussions and discourses on village integration and/or village elections. In the midst of this process, the Provincial Law of Bali Province No. 4 of 2019 was published in the Adat Law (Perda Desa Adat). This paper will show that the Desa Adat Law, which is rich in nuances of customs and culture, was not published to fulfill the mandate of the Desa Law, but instead strengthened the existence of Desa Adat in Bali. This Perda has revised traditional and official relations in Bali by giving more space to the Customary Villages to work together with the Dinas Desa in synergy to empower the community within the philosophical framework of the Balinese people. The effectiveness of this regional regulation needs to be tested to prove the authority of the Desa Adat and Desa Dinas in Bali.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46361137","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

CORRUPTION IN MATCH-FIXING WITHIN SPORTS: THE NEED TO REGULATE FUTURE LEGISLATION (A COMPARATIVE STUDY AND LESSON FROM THE AUSTRALIAN SYSTEM OF LAW) 体育比赛中的腐败：未来立法的必要性（澳大利亚法律体系的比较研究与借鉴）

Indonesia Law Review Pub Date : 2020-04-30 DOI: 10.15742/ILREV.V10N1.546

Ranto Sabungan Silalahi

{"title":"CORRUPTION IN MATCH-FIXING WITHIN SPORTS: THE NEED TO REGULATE FUTURE LEGISLATION (A COMPARATIVE STUDY AND LESSON FROM THE AUSTRALIAN SYSTEM OF LAW)","authors":"Ranto Sabungan Silalahi","doi":"10.15742/ILREV.V10N1.546","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.546","url":null,"abstract":"The Indonesian football league has been devastated greatly because of match-fixing, a problem that has caused the decline of the country’s achievements in international events. The ongoing mechanism of using sports law or lex sportiva is considered ineffective because it provides no deterrent effect on offenders. The country may learn from Australia, who has gained many international sports achievements by previously eradicating match-fixing in sports, including football. Australia has included match-fixing among acts of sports corruption, and offenders may be sanctioned both by receiving criminal punishment from a law authority and disciplinary sanction from a sport or football authority. To prevent and address the involvement of gambling syndicates in many instances of match-fixing in football matches, the country has enacted a national policy on the codes of conduct and anti-match-fixing measures in sports and established a special unit to coordinate the law authority and sports authority. Although it has a different system of law, Indonesia may learn from Australia in eradicating match-fixing in football and may have many great achievements in international events as a result.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45613685","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

INDONESIAN DEMOCRACY AND POLITICAL PARTIES AFTER TWENTY YEARS OF REFORMATION: A CONTEXTUAL ANALYSIS 改革二十年后的印尼民主与政党：语境分析

Indonesia Law Review Pub Date : 2020-04-30 DOI: 10.15742/ILREV.V10N1.577

Muhammad Bahrul Ulum

{"title":"INDONESIAN DEMOCRACY AND POLITICAL PARTIES AFTER TWENTY YEARS OF REFORMATION: A CONTEXTUAL ANALYSIS","authors":"Muhammad Bahrul Ulum","doi":"10.15742/ILREV.V10N1.577","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.577","url":null,"abstract":"This paper traces the trajectory of Indonesian democracy that has developed in the last twenty years, specifically regarding the extent to which its continuities and changes have been consistent with the rationale for reformation. It enquires whether the current democracy has been transformed based on liberal constitutionalism or the new democracy has restored the integralist ideal. In recent years, the mass protests that increasingly color Indonesian politics have become a critical response to a failing system. This analysis asserts that the lack of functioning political parties in Indonesia and the breakdown of Indonesian democracy as a result of integralism ignores essential checks and balances. The situation is exemplified by the cooperation of the opposition parties in the cabinet, including the promotion of gotong royong (mutual help) in the form of Prabowo Subianto, Joko Widodo’s rival in the 2019 Presidential Election. Subianto has long been implicated in human rights abuses, going back to East Timor invasion in the 1970s. This attitude also indicates the serious threat that gradually negates the hard-won liberal democracy at the dawn of the reformation. Among these trends, the current democracy reveals the ineptness of the existing political parties that were essentially liberalized in the early Reformation. As it stands, they have been unable to prevent the current system from being led to a more autocratic model.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44990900","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: 5

LEGAL ISSUES ON INDONESIAN MARINE PLASTIC DEBRIS POLLUTION 印尼海洋塑料垃圾污染的法律问题

Indonesia Law Review Pub Date : 2020-04-30 DOI: 10.15742/ILREV.V10N1.592

Zhen Jing, Sutikno

{"title":"LEGAL ISSUES ON INDONESIAN MARINE PLASTIC DEBRIS POLLUTION","authors":"Zhen Jing, Sutikno","doi":"10.15742/ILREV.V10N1.592","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.592","url":null,"abstract":"Various problems related to marine plastic debris pollution have yet to be resolved. Therefore, the definition, categorization, origin, and degradation of marine plastic debris must be thoroughly investigated to gain a comprehensive understanding of the related issues. The presence of marine plastic debris has significant implications on marine environments, including ecological, biodiversity, health, and economic impacts. Marine plastic debris originates from both landand ocean-based sources, and there have been efforts to prevent or reduce its introduction and accumulation in the marine environment. In Indonesia, such a problem must be solved through the implementation of more effective, efficient, and specific regulations, especially because it is the second-largest contributor of plastic debris in the marine environments throughout the world. In order to reduce 70% of such debris by 2025, the Government of Indonesia established the National Coordination Team of Marine Debris Management, which is tasked to draft policies and carry out coordination, control, and evaluation related to marine plastic debris pollution. The law enforcement in marine plastic debris pollution is known as the legal system, which comprises the substance of the law, facilities, society and culture, and the officers enforcing the law. The effectiveness of law enforcement refers to the ideal combination of these aforementioned elements.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41655997","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: 3

COMPARATIVE STUDY ON E-WASTE MANAGEMENT AND THE ROLE OF THE BASEL CONVENTION IN MALAYSIA, SINGAPORE, AND INDONESIA: A WAY FORWARD 马来西亚、新加坡和印度尼西亚电子垃圾管理与巴塞尔公约作用的比较研究

Indonesia Law Review Pub Date : 2020-04-30 DOI: 10.15742/ILREV.V10N1.596

Khalid Mehmood Shad, S. Ling, M. Karim

{"title":"COMPARATIVE STUDY ON E-WASTE MANAGEMENT AND THE ROLE OF THE BASEL CONVENTION IN MALAYSIA, SINGAPORE, AND INDONESIA: A WAY FORWARD","authors":"Khalid Mehmood Shad, S. Ling, M. Karim","doi":"10.15742/ILREV.V10N1.596","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.596","url":null,"abstract":"Electrical and electronic equipment waste (E-waste/WEEE) is a current global concern because of the increasing volume and improper treatment of e-waste. Generally, e-waste can be defined as discarded components of electrical and electronic equipment that have no reuse value. The improper disposal of e-waste can bring about catastrophic effects to mankind and the environment. The Basel Convention in 1992 categorizes e-waste as hazardous waste due to the presence of toxic materials. Currently, the production of e-waste is expanding at a considerable rate and is expected to reach 52.2 million tons globally by 2021. Singapore, Malaysia, and Indonesia are three neighboring countries that are facing the issue of e-waste management. The shortage of appropriate recovery and recycling facilities for formal e-waste treatment in the aforementioned three counties may lead to informal e-waste treatment or unsafe landfill, which cause harmful and hazardous effects to human lives and nature. This review provides a comprehensive overview of e-waste management from the perspective of Singapore, Malaysia, and Indonesia. Inadequate governmental policies, lack of e-waste laws, lack of public awareness, and lack of management strategies have caused various social and environmental issues. This work concludes with recommendations for the three countries to restrict the free flow of e-waste by establishing robust e-waste laws and improving the e-waste management system.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45120404","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: 2

INDONESIAN PERSPECTIVE ON THE INVESTOR–STATE DISPUTE SETTLEMENT MECHANISM FOR FOREIGN INVESTMENT DISPUTE SETTLEMENT IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS 印尼对知识产权领域外商投资争端解决机制的看法

Indonesia Law Review Pub Date : 2020-04-30 DOI: 10.15742/ILREV.V10N1.615

J. Leonard, Prita Amalia, A. Chandrawulan

{"title":"INDONESIAN PERSPECTIVE ON THE INVESTOR–STATE DISPUTE SETTLEMENT MECHANISM FOR FOREIGN INVESTMENT DISPUTE SETTLEMENT IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS","authors":"J. Leonard, Prita Amalia, A. Chandrawulan","doi":"10.15742/ILREV.V10N1.615","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.615","url":null,"abstract":"Investment includes tangible and intangible assets. Intangible assets are often connected with intellectual property which leads to intangible results. The lack of “visibility” in intangible assets makes them difficult to measure. Current international regulations have not also explicitly provided room for enforcement regarding intellectual property rights in terms of foreign investment. Therefore, an emergence of cases is observed in investment disputes within the field of intellectual property rights through the Investor–State Dispute Settlement (ISDS) mechanism. In this research, we discuss cases of foreign investment disputes in such a field. From these cases, we find the factors that determine the occurrence of foreign investment disputes in the field of intellectual property rights. The ISDS mechanism can be used to resolve foreign investment disputes in the field of intellectual property. Furthermore, this research discusses the perspective of Indonesian law regarding foreign investment disputes in the mentioned field by using the ISDS mechanism. Qualitative methods and secondary data analysis are also used. The research aims to discover and identify foreign investment disputes in the field of intellectual property rights.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47215143","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

Maritime Security and Indonesia: Cooperation, Interests and Strategies 海上安全与印尼：合作、利益与战略

Indonesia Law Review Pub Date : 2020-04-01 DOI: 10.15742/ILREV.V10N1.628

A. R. Darmawan

引用次数: 4

Fatwa in Indonesia: An Analysis of Dominant Legal Ideas and Mode of Thought of Fatwa-Making Agencies and Their Implications in the Post-New Order Period by Pradana Boy ZTF 印尼的法特瓦:分析后新秩序时期法特瓦制定机构的主流法律观念和思维模式及其启示

Indonesia Law Review Pub Date : 2020-01-01 DOI: 10.15742/ILREV.V10N2.654

Heru Susetyo

引用次数: 1