发布求助
文献互助 智能选刊 最新文献

Indonesia Law Review最新文献

筛选
英文 中文
EMERGING BALINESE FRANCHISED CITY HOTELS IN LEGAL CONTEXTS: TOWARD MODEL PROVISIONS OF LOCAL GOVERNMENT REGULATION AND A SELF-REGULATION FRAMEWORK 法律背景下的新兴巴厘特许城市酒店:走向地方政府规制的示范条文与自我规制框架
Indonesia Law Review Pub Date : 2018-08-31 DOI: 10.15742/ilrev.v8n2.491
Nico Dharmawan, Made Sukma Prinjandhini Salain, Ben Halliwell
{"title":"EMERGING BALINESE FRANCHISED CITY HOTELS IN LEGAL CONTEXTS: TOWARD MODEL PROVISIONS OF LOCAL GOVERNMENT REGULATION AND A SELF-REGULATION FRAMEWORK","authors":"Nico Dharmawan, Made Sukma Prinjandhini Salain, Ben Halliwell","doi":"10.15742/ilrev.v8n2.491","DOIUrl":"https://doi.org/10.15742/ilrev.v8n2.491","url":null,"abstract":"The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in terms of the quality of hotel standardization and reputation. Still, such hotels remain incomparable to the Balinese city hotels managed traditionally by family owners. In the legal context, the emergence of various types of modern franchised city hotels in Bali is influenced by suitable laws and policies, such as the World Trade Organization (WTO) Agreement with one of its ground bases called the “Non-Discrimination Principle” at the international level and at the regional level, the Association of Southeast Asian Nations Economic Community, which also emphasizes that one of the important central pillars of the multilateral trading system is a region fully integrated into the global economy. The emergence of modern chain city hotels has prevented the local city hotels from competing in terms of both the infrastructure and quality management services. To overcome these crucial issues, the model provisions of the local government regulation and self- regulation framework of hotel associations must be constructed to strengthen the local city hotels as chain hotels by implementing traditional values, e. g. , the Tri Hita Karana, the corporate social responsibility as a strategic development, and human rights approaches, that comply with the WTO Agreement and the laws and policies at the regional level.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48157068","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
PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES 印尼政府与自由亚齐运动的和平协议：性质与挑战
Indonesia Law Review Pub Date : 2018-08-31 DOI: 10.15742/ILREV.V8N2.487
M. Kadir
{"title":"PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES","authors":"M. Kadir","doi":"10.15742/ILREV.V8N2.487","DOIUrl":"https://doi.org/10.15742/ILREV.V8N2.487","url":null,"abstract":"This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the international procedural system will ensure the compliance of agreement, and strengthen sustainable peace in Aceh-Indonesia context.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44446853","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
THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA iuu捕鱼的国家责任:2015年国际海洋法组织关于iuu捕鱼咨询意见的反思及其与印度尼西亚的相关性
Indonesia Law Review Pub Date : 2018-08-31 DOI: 10.15742/ilrev.v8n2.488
Alia Siti Noor Malia Putri
{"title":"THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA","authors":"Alia Siti Noor Malia Putri","doi":"10.15742/ilrev.v8n2.488","DOIUrl":"https://doi.org/10.15742/ilrev.v8n2.488","url":null,"abstract":"Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in this matter. The issue is very relevant with the current case that encountered by the Indonesian Government with regard to the Chinese-flagged fishing boat, namely Kway Fey 10078, that had been suspected to conduct IUU fishing activities in the Indonesian exclusive economic zone (EEZ). In this particular case, the Chinese coast guard ship assisted the Kway Fey to escape from Indonesian jurisdiction by ramming into Kway Fey 10078. In consequence, the Indonesian Government cannot enforce its jurisdiction upon Kway Fey and the Chinese Government requested Indonesia to release eight Chinese nationals who are detained. This reaction shall question on how international provide legal solutions on how to effectively deal with IUU fishing activities.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42654835","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
IMPROVING THE ROLE OF EXPERTS UNDER INDONESIAN CRIMINAL PROCEDURE LAW: LESSONS LEARNED FROM THE DUTCH LEGAL SYSTEM 提高印尼刑事诉讼法专家的作用&荷兰法律制度的经验教训
Indonesia Law Review Pub Date : 2018-05-01 DOI: 10.15742/ilrev.v8n1.385
Josua Sitompul
{"title":"IMPROVING THE ROLE OF EXPERTS UNDER INDONESIAN CRIMINAL PROCEDURE LAW: LESSONS LEARNED FROM THE DUTCH LEGAL SYSTEM","authors":"Josua Sitompul","doi":"10.15742/ilrev.v8n1.385","DOIUrl":"https://doi.org/10.15742/ilrev.v8n1.385","url":null,"abstract":"This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases. This raises a question whether law enforcement agencies comprehend the execution of the provisions. It also shows that law enforcement agencies are not always interested in getting digital forensic examination from which electronic evidence may be produced. It emphasizes that role of expert under KUHAP is equivocal and views the need to improve the role and principles. In order to improve the role of experts under Indonesian criminal law, the article describes and explains the salient features of expert evidence under Dutch law. The article concludes by making a series of recommendations.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45941686","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
Book Review: Sovereignty and the Sea 书评:主权与海洋
Indonesia Law Review Pub Date : 2018-05-01 DOI: 10.15742/ILREV.V8N1.386
Kris Wijoyo
{"title":"Book Review: Sovereignty and the Sea","authors":"Kris Wijoyo","doi":"10.15742/ILREV.V8N1.386","DOIUrl":"https://doi.org/10.15742/ILREV.V8N1.386","url":null,"abstract":"The book, which is published by the National University of Singapore Press, is written by two professors, John G. Butcher and R. E. Elson who are based in Australia. The writers explained on how Indonesia managed to earn the place as the greatest archipelagic state in the world, as gaining international recognition for its claim when the United Nations Convention on the Law of the Sea formally recognized the existence of a new category of states known as “archipelagic states” which had given these states sovereignty over their “archipelagic waters”, in the year of 1982. The book which has very strong subject on Indonesian and International Law is written by two professors which have no law background, put the important point on how a small group of Indonesians diplomat gave their persistence effort and finally give tremendous effect on how International Law of the Sea is currently conducted. The book gives us perspective which shows the importance of individual or group of people from certain entity whether state or non-state perfomance in the making of international law, hence the performance of the small group of Indonesian diplomats should be regarded as extraordinary.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44536502","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 RIGHT OF EARLY ACCESS TO CRIMINAL LEGAL AID IN INDONESIA: CLEAR RULE, CLEARER VIOLATIONS 印尼早期获得刑事法律援助的权利：明确的规则，更明确的侵权行为
Indonesia Law Review Pub Date : 2018-05-01 DOI: 10.15742/ilrev.v8n1.380
Maxwell Abbott
{"title":"THE RIGHT OF EARLY ACCESS TO CRIMINAL LEGAL AID IN INDONESIA: CLEAR RULE, CLEARER VIOLATIONS","authors":"Maxwell Abbott","doi":"10.15742/ilrev.v8n1.380","DOIUrl":"https://doi.org/10.15742/ilrev.v8n1.380","url":null,"abstract":"This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right meets certain criteria of a clear legal rule, as distinguished from a vaguer legal standard, and we would therefore expect a high degree of compliance with the Right. However, in practice, we find frequent violations of the Right in Indonesia. After reviewing evidence of the violations, the article will conclude by briefly addressing several explanations while maintaining that the Right is a clear legal rule.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49653013","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
LEGAL ISSUES SURROUNDINGS AIRLINE ALLIANCES AND CODE-SHARE ARRANGEMENTS: INSIGHTS FOR THE INDONESIAN AND ASEAN AIRLINE INDUSTRY 航空公司联盟和代码共享安排的法律问题:对印尼和东盟航空业的见解
Indonesia Law Review Pub Date : 2018-04-30 DOI: 10.15742/ILREV.V8N1.382
Ridha Aditya Nugraha
{"title":"LEGAL ISSUES SURROUNDINGS AIRLINE ALLIANCES AND CODE-SHARE ARRANGEMENTS: INSIGHTS FOR THE INDONESIAN AND ASEAN AIRLINE INDUSTRY","authors":"Ridha Aditya Nugraha","doi":"10.15742/ILREV.V8N1.382","DOIUrl":"https://doi.org/10.15742/ILREV.V8N1.382","url":null,"abstract":"Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share arrangements could be seen as the perfect implementation of an airline alliance. Alliances are more flexible than cross-border mergers and takeovers due to national restrictions, making it legally viable and thus a preference. However, code-share arrangements have further legal implications that have led into classification of carriers and ended up a liability issue. There are several applicable conventions and protocols dealing with liabilities to protect airline passengers which is known as the Warsaw-Montreal regime. Anti-competition and consumer protection issues are the other main issues. This article shall analyze the legal issues surrounding the tragic code-shared Flight MH17 incident; also mentioning the few Indonesian passengers' relatives' rights. Compensation issues in the recent case shall be discussed. Finally, insights of legal risks from conducting code-share arrangements for the rapidly growing Indonesian, and also other ASEAN member states', airlines are also given.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44615855","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
Reforming Indonesian Rape Law: Adopting U.s. Rape Shield Law In Excluding Prejudicial Evidence 改革印尼强奸法:借鉴美国强奸保护法排除偏见证据
Indonesia Law Review Pub Date : 2018-04-30 DOI: 10.15742/ilrev.v8n1.383
Choky Risda Ramadhan
{"title":"Reforming Indonesian Rape Law: Adopting U.s. Rape Shield Law In Excluding Prejudicial Evidence","authors":"Choky Risda Ramadhan","doi":"10.15742/ilrev.v8n1.383","DOIUrl":"https://doi.org/10.15742/ilrev.v8n1.383","url":null,"abstract":"Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In several cases, the judge undermined victim’s testimony because of past sexual history and lack of resistance that led to more lenient punishment or acquit the defendant. Therefore, I assert that rape law itself should be revised to minimize judge’s prejudice or bias to several shreds of evidence. I suggest that Indonesia could learn from U.S. rape shield law that gives more protection to sexual violence victim. This law encourages the victim to report and increases the probability of conviction because it excludes victim’s previous sexual history and lack of resistance.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43374591","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
LAW AND POLITICS OF CONSTITUTIONAL COURTS 宪法法院的法律和政治
Indonesia Law Review Pub Date : 2018-01-01 DOI: 10.15742/ilrev.v8n3.513
T. Simmons
{"title":"LAW AND POLITICS OF CONSTITUTIONAL COURTS","authors":"T. Simmons","doi":"10.15742/ilrev.v8n3.513","DOIUrl":"https://doi.org/10.15742/ilrev.v8n3.513","url":null,"abstract":"Stefanus Hendrianto’s “Law and Politics of Constitutional Courts” is part of Routledge’s series titled “Comparative Constitutionalism in Muslim Majority States.” The book combines several narratives and themes. It summarizes the late 20th century political history of Indonesia. It describes the birth of the Indonesian Constitutional Court. It advances the idea of judges as prudential-minimalist heroes. It considers Aristotle and the scholarship of Mark Tushnet. It presents weird analogies to the IIliad, the Odyssey, and the heroic tales contained the epic Mahabharara. But primarily it is an extended legal biography of the Constitutional Court’s founding chief justice, Jimly Asshibbiqie. In a kind of extended epilogue, the book examines the impact of Justice Asshibbique’s successor, Chief Justice Mohammad Mahfud, as well as the legacy of the thirdgeneration court from 2013 to present day.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67353230","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
Indonesia and ASEAN Plus Three Financial Cooperation 印尼与东盟加三金融合作
Indonesia Law Review Pub Date : 2017-12-31 DOI: 10.15742/ILREV.V7N3.358
A. Gunadi
{"title":"Indonesia and ASEAN Plus Three Financial Cooperation","authors":"A. Gunadi","doi":"10.15742/ILREV.V7N3.358","DOIUrl":"https://doi.org/10.15742/ILREV.V7N3.358","url":null,"abstract":"","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49452905","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
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信