Indonesia Law Review最新文献_第5页

POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA 印尼政党的刑事责任

Indonesia Law Review Pub Date : 2019-09-30 DOI: 10.15742/ILREV.V9N2.536

Nani Mulyati, T. Santoso

{"title":"POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA","authors":"Nani Mulyati, T. Santoso","doi":"10.15742/ILREV.V9N2.536","DOIUrl":"https://doi.org/10.15742/ILREV.V9N2.536","url":null,"abstract":"In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they have critical function in the democratic political process as acknowledge by the constitution. This paper examines the position of a political party in their criminal liability, whether they can be prosecuted, and sanctioned. In order to do that the scientific methodology used for this research is doctrinal legal research, scrutinizing some theories, regulations, and legal cases, and analyzing some legal theories on corporate legal personalities. It examines regulations and cases that describe the conditions when a political party can or cannot be prosecuted as political parties. It is concluded that political parties do have some peculiarities that ordinary private corporations do not, such as the important roles they play in constitutional life as they can contest election results and hold power in the government. Some countries treat political parties differently when it comes to criminal law. This research will provide valuable information for judges, other law enforcement officers, and academia in understanding the position of political parties in criminal liability.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49591890","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

Causes and Consequences of the War on Marijuana in Indonesia 印尼大麻战争的起因和后果

Indonesia Law Review Pub Date : 2019-09-30 DOI: 10.15742/ILREV.V9N2.502

A. Pangaribuan, Kelly Manthovani

引用次数: 2

The Mandatory Use of National Language in Indonesia and Belgium: An Obstacle to International Contracting? 印尼和比利时强制使用本国语言:国际契约的障碍?

Indonesia Law Review Pub Date : 2019-08-30 DOI: 10.15742/ILREV.V9N2.537

P. Penasthika

{"title":"The Mandatory Use of National Language in Indonesia and Belgium: An Obstacle to International Contracting?","authors":"P. Penasthika","doi":"10.15742/ILREV.V9N2.537","DOIUrl":"https://doi.org/10.15742/ILREV.V9N2.537","url":null,"abstract":"Law Number 24 of 2009 on National Flag, Language, Emblem, and Anthem of Indonesia requires that any contract involving an Indonesian party must be drafted in Indonesian. In applying this law, the Supreme Court of the Republic of Indonesia, in Nine AM v. PT Bangun Karya Pratama Lestari judgment, annulled a loan agreement because it was considered to violate the language requirement. Although claiming to strengthen the use of Indonesian language in a contract, this judgment underscores a potential risk of voidance a foreign party face in entering into an agreement drafted in a foreign language when contracting with an Indonesian counterparty. On the other side of the hemisphere, the Court of Justice of the European Union in Anton Las v. PSA Antwerp NV and New Valmar BVBA v. Global Pharmacies Partner Health Srl drew the public attention to the obligation to use Dutch in employment contract and company documents as imposed in the Dutch-speaking region of Belgium. Despite Indonesia and Belgium being geographically far from each other, the abovementioned judgments underline the phenomenon that national language still plays an important role in influencing cross-border legal relations. This article seeks to explore the legal impacts of the obligation to use national language in contracts has on freedom of parties to contracting. It further argues that this obligation impedes international contracting.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44005700","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

Elimination Of Culture Based Discrimination Against Women In Indonesia: 印度尼西亚消除基于文化的对妇女歧视：

Indonesia Law Review Pub Date : 2019-04-30 DOI: 10.15742/ILREV.V1N9.507

Widya Naseva Tuslian

{"title":"Elimination Of Culture Based Discrimination Against Women In Indonesia:","authors":"Widya Naseva Tuslian","doi":"10.15742/ILREV.V1N9.507","DOIUrl":"https://doi.org/10.15742/ILREV.V1N9.507","url":null,"abstract":"The notion of cultural relativism has always been fundamental challenge to upholding human rights values, especially with regard to gender mainstreaming and equality of either sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given their own cultural traits that produce their own mode of thinking and ideology. It is thus understandable that article 5 (a) of women convention, which is the only provision in international law that seeks to modify culture that prejudice women, will deal with constant hurdles in countries which firmly embrace cultural values like in Indonesia. Even though a signal of commitment has been shown by a ratification without making any reservation to the obligations stipulated therein. However, this commitment remain highly questionable as discriminatory laws remain in force across the country from national to the local level and new discriminatory regulations continue to be issued. The Committee of Elimination of Discrimination Against Women (CEDAW) has reminded Indonesia at some occasion that the cultural and religious values cannot undermine the universality of women’s right. Nevertheless, up until now the authorities has always failed to make a clear time frame to make a revision of laws that institutionalize negative stereotype against women. Taking this perspective into account this paper will explore the reason and indicator of Indonesia’s failure to implement article 5(a) of the women convention to modify cultural values and stereotype against women in its legal system and instruments, in doing so this paper will also try to dig deeper about the barriers for Indonesia to implement its state obligations under this article.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47671266","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

GRAPHICAL REPRESENTATION IN THE FORM OF LABEL MEREK/MARK ETIQUETTE IN RELATION WITH NON-CONVENTIONAL TRADEMARKS REGISTRATION IN INDONESIA 印尼与非传统商标注册有关的标签格式/商标礼仪形式的图形表示

Indonesia Law Review Pub Date : 2019-04-30 DOI: 10.15742/ILREV.V1N9.482

Ilham Azenal Sacabrata

{"title":"GRAPHICAL REPRESENTATION IN THE FORM OF LABEL MEREK/MARK ETIQUETTE IN RELATION WITH NON-CONVENTIONAL TRADEMARKS REGISTRATION IN INDONESIA","authors":"Ilham Azenal Sacabrata","doi":"10.15742/ILREV.V1N9.482","DOIUrl":"https://doi.org/10.15742/ILREV.V1N9.482","url":null,"abstract":"Legal development introduces the new type of trademarks differ to those of the conventional ones. This paper gives an account of non-conventional trademarks categories, particularly sound, scent and taste mark, in terms of their registration. Subsequently, it also further illustrates that graphical representation, as a prerequisite, stifles the registration of non-conventional trademarks through recent studies and cases both in the European Union and United States. European Union, under Trademark Directive 2008, required graphical representation as a requirement which turned out to be the primary problem in terms of registration for non-conventional trademarks. United States, having no such requirement, tend to be more acceptable in registering non-conventional trademarks. This paper also argues that graphical representation is immaterial and its removal from the relevant provision increases the legal certainty and flexibility. Problem of non-conventional trademarks registration incurred by graphical representation requirement is most likely to be faced by Indonesia which tries to encompass the protection of non-conventional trademarks. Indonesian Trademark Law requires Label Merek (a representation form), which in common practice is seen merely as representation form that consists of lines, images and character (graphically represented form), as a minimum requirement for trademark registration. Seeing Label Merek merely as a graphical represented form will stifle the registration of non-conventional trademarks. Therefore, such representation form needs to be construed broadly beyond graphically represented form in order to encompass the protection of non-conventional trademarks.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46808861","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

THE ARMY AND THE INDONESIAN GENOCIDE: MECHANICS OF MASS MURDER 军队和印尼种族灭绝:大规模屠杀的机制

Indonesia Law Review Pub Date : 2019-04-30 DOI: 10.15742/ILREV.V1N9.534

P. Waagstein

引用次数: 0

Two Ideas of Economic Democracy: Contextual Analysis on Role of Indonesian Constitutional Court as a Guardian of Democracy 经济民主的两种理念:印尼宪法法院作为民主守护者角色的语境分析

Indonesia Law Review Pub Date : 2019-04-30 DOI: 10.15742/ILREV.V1N9.357

Kukuh Prasetyo

引用次数: 0

IMPLEMENTING THE EXTRATERRITORIALITY PRINCIPLE TO STRENGTHEN COMPETITION LAW ENFORCEMENT IN INDONESIA IN THE AEC ERA: A COMPARATIVE STUDY 实施治外法权原则加强AEC时代印尼竞争执法的比较研究

Indonesia Law Review Pub Date : 2019-04-30 DOI: 10.15742/ILREV.V1N9.498

Muhammad Rifky Wicaksono, Kusuma Raditya, Laurensia Andrini, M. Hawin, Paripurna Sugarda, Herliana Herliana, H. Hariyanto

{"title":"IMPLEMENTING THE EXTRATERRITORIALITY PRINCIPLE TO STRENGTHEN COMPETITION LAW ENFORCEMENT IN INDONESIA IN THE AEC ERA: A COMPARATIVE STUDY","authors":"Muhammad Rifky Wicaksono, Kusuma Raditya, Laurensia Andrini, M. Hawin, Paripurna Sugarda, Herliana Herliana, H. Hariyanto","doi":"10.15742/ILREV.V1N9.498","DOIUrl":"https://doi.org/10.15742/ILREV.V1N9.498","url":null,"abstract":"The regional economic integration that ensues from the ASEAN Economy Community will not only provide its members with boundless opportunities for economic growth, but also with unprecedented challenges. The demands of a more interconnected regional economy will requirethe Indonesian government, as guardians of the competitive process in the Indonesian market, to protect it from anticompetitive conduct occurring both within and outside of its borders. However, there is a major gap since Indonesia's current competition law does not provide the KPPU with the jurisdiction to investigate, prosecute, or punish violations committed by business actors located outside of Indonesia's territory. Thus, this paper examines the implementation o f the extraterritoriality principle to enable the KPPU and Indonesian courts to exercise jurisdiction over foreign business actors who violate Indonesia's competition law from abroad. This paper employs a comparative approach to analyze the development of the extraterritoriality principle in the US's, EU's, Singapore's, and Malaysia's competition laws. This article concludes by determining how the extraterritoriality principle should be implemented to strengthen Indonesia's competition law enforcement.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42729861","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 TIMBER LEGALITY ASSURANCE SYSTEM (SVLK): IN PURSUIT OF SUSTAINABILITY IN FOREST GOVERNANCE 印尼木材合法性保证体系(svlk):追求森林治理的可持续性

Indonesia Law Review Pub Date : 2019-04-25 DOI: 10.15742/ILREV.V1N9.539

M. Kadir

引用次数: 0

The Nationalization of the Dutch Owned Plantations in North Sumatra: To Whom The Communal Land Belong? 北苏门答腊荷兰种植园的国有化：公有土地属于谁？

Indonesia Law Review Pub Date : 2019-04-16 DOI: 10.15742/ILREV.V1N9.234

E. Ikhsan

引用次数: 1