Indonesia Law Review最新文献_第8页

COMPETITION MERGER REVIEW FOR CROSS-BORDER MERGERS AND ACQUISITIONS IN INDONESIA 印尼跨境并购的竞争并购审查

Indonesia Law Review Pub Date : 2017-12-31 DOI: 10.15742/ILREV.V7N3.374

Zulheri

引用次数: 0

LEGAL DILEMMAS IN RELEASING INDONESIA'S POLITICAL PRISONERS 释放印尼政治犯的法律困境

Indonesia Law Review Pub Date : 2017-12-31 DOI: 10.15742/ILREV.V7N3.354

Daniel Pascoe

引用次数: 23

Dualism of Judicial Review in Indonesia: Problems and Solutions 印尼司法审查的二元论:问题与对策

Indonesia Law Review Pub Date : 2017-12-31 DOI: 10.15742/ILREV.V7N3.353

Hamid Chalid

{"title":"Dualism of Judicial Review in Indonesia: Problems and Solutions","authors":"Hamid Chalid","doi":"10.15742/ILREV.V7N3.353","DOIUrl":"https://doi.org/10.15742/ILREV.V7N3.353","url":null,"abstract":"Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs, each with its own scope of review; namely, the Supreme Court/Mahkamah Agung reviews regulations below the level of Law (Undang-undang), while the Constitutional Court/Mahkamah Konstitusi reviews the same against the Constitution (constitutional review). Seen from the theoretical and practical perspective adhered to by states which adopt the formation of the Constitutional Court (centered judicial review model), the system adopted by Indonesia is uncommon, and moreover it could be considered as an error in designing the judicial review system. This is in view of the fact that in states which have a Constitutional Court, the authority to conduct judicial review is concentrated / centered upon the Constitutional Court. Such division of authority under the two review regime (legal review and constitutional review) as practiced by Indonesia is not known (except for South Korea), neither in states which use the centralized judicial review model nor in those which use the distribution judicial review model. Such distribution is bound to disrupt the judicial review itself, as the authority to review is implemented by two different institutions with different review standard. Accordingly, in the final part of this research the author puts forward the proposition to centralize the authority to conduct judicial review in the Constitutional Court thus putting an end to the practice of dualistic judicial review which has been proven to be problematic and ensuring that the judicial review system in Indonesia can be reconstructed and placed upon the correct theoretical and practical basis.","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":"47829673","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

INDONESIA'S ENERGY SECURITY: ARE WE SECURING IT RIGHT? LESSON LEARNED FROM THE EU 印尼的能源安全：我们确保它是正确的吗？欧盟的经验教训

Indonesia Law Review Pub Date : 2017-12-31 DOI: 10.15742/ilrev.v7n3.372

Afghania Dwiesta

{"title":"INDONESIA'S ENERGY SECURITY: ARE WE SECURING IT RIGHT? LESSON LEARNED FROM THE EU","authors":"Afghania Dwiesta","doi":"10.15742/ilrev.v7n3.372","DOIUrl":"https://doi.org/10.15742/ilrev.v7n3.372","url":null,"abstract":"Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity law dated back on the 1985, 2002 and 2009 to attract investors in the development of Indonesia’s electricity sector have been enacted, but a controversial issue arose from the annulment of the Law No. 20 Year 2002 on Electricity by the Constitutional Court Decision No. 001-021-022/PUU-I/2003 stating that such law which clearly stating that the requirement to privatise electricity operation was inconstitutional. This article will try to provide a comprehensive comparative analysis of such decision with the common practice adopted by the EU which has successfully implemented its deregulation and separation of the electricity’s business chain through unbundling the sector as part of liberalisation.","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":"46040825","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 Dutch Penal Code Under Review 审查中的荷兰刑法典

Indonesia Law Review Pub Date : 2017-12-31 DOI: 10.15742/ilrev.v7n3.355

J. T. Voorde

引用次数: 0

ASYLUM SEEKERS IN A NON-IMMIGRANT STATE AND THE ABSENCE OF REGIONAL ASYLUM SEEKERS MECHANISM: A CASE STUDY OF ROHINGYA ASYLUM SEEKERS IN ACEH-INDONESIA AND ASEAN RESPONSE 非移民国家的寻求庇护者和缺乏区域寻求庇护者机制:亚齐-印度尼西亚罗兴亚寻求庇护者案例研究和东盟应对措施

Indonesia Law Review Pub Date : 2017-12-30 DOI: 10.15742/ILREV.V7N3.373

Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana

{"title":"ASYLUM SEEKERS IN A NON-IMMIGRANT STATE AND THE ABSENCE OF REGIONAL ASYLUM SEEKERS MECHANISM: A CASE STUDY OF ROHINGYA ASYLUM SEEKERS IN ACEH-INDONESIA AND ASEAN RESPONSE","authors":"Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana","doi":"10.15742/ILREV.V7N3.373","DOIUrl":"https://doi.org/10.15742/ILREV.V7N3.373","url":null,"abstract":"The problem of asylum seekers has become a global humanitarian issues. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international legal obligations to receive asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the constitution. In a global perspective, humanitarian issues on the handling of asylum seekers started to be driven into the handling model based on regionalism. Therefore, ASEAN's response to the issue of asylum seekers should start a discourse given the number of asylum seekers in Southeast Asia began to rise. This paper deals with the immigration policy on asylum seekers of Rohingya people in Aceh province of Indonesia who plight in 2015 “boat people crisis” with regionalism approach.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43761641","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

Religion And Regulation In Indonesia 印度尼西亚的宗教和法规

Indonesia Law Review Pub Date : 2017-08-31 DOI: 10.15742/ILREV.V7N2.333

G. S. Nurhartanto

引用次数: 0

THE TOTAL PEOPLE'S DEFENSE AND SECURITY SYSTEM: PROBLEMS OF THE STATE-SPONSORED MILITIA IN INDONESIA 全民防卫与安全体系:印尼国家支持民兵的问题

Indonesia Law Review Pub Date : 2017-08-31 DOI: 10.15742/ILREV.V7N2.319

Bhatara Ibnu Reza

{"title":"THE TOTAL PEOPLE'S DEFENSE AND SECURITY SYSTEM: PROBLEMS OF THE STATE-SPONSORED MILITIA IN INDONESIA","authors":"Bhatara Ibnu Reza","doi":"10.15742/ILREV.V7N2.319","DOIUrl":"https://doi.org/10.15742/ILREV.V7N2.319","url":null,"abstract":"The establishment of state-sponsored militia has raised concerns of human rights violations in non-international armed conflict in Indonesia. Most of the state-sponsored militia have been formed and tacitly supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia) mostly based on the implementation of a concept called the Total People’s Defense and Security System (sistem pertahanan rakyat semesta-sishankamrata). The Total People’s Defense and Security System is the grand strategy adopted based on Indonesia’s experience during Indonesia’s physical revolution or armed struggle for independence (1945-1949) and recognized under the Second Amendment to the 1945 Constitution. This article will elaborate on, first, the constitutional history and ideology of ‘total people’s defense’ which contributes to the political ideology of the military and its relations with the existence of militia groups; and second, the active encouragement of militia abuses by the Indonesian military as part of a campaign to maintain control of regions seeking independence, along with the constraints imposed by the military itself on the manner in which it conducts such campaign.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49224233","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

INTERPRETING THE INDONESIAN CONSTITUTIONAL COURT APPROACH IN CONDUCTING JUDICIAL REVIEW ON CASES RELATED TO ECONOMIC AND SOCIAL RIGHTS 解释印度尼西亚宪法法院对涉及经济和社会权利的案件进行司法审查的方法

Indonesia Law Review Pub Date : 2017-08-31 DOI: 10.15742/ILREV.V7N2.318

Andy Omara

引用次数: 1

CENTRAL BANK TRANSPARENCY IN INDONESIA: A LAW AND ECONOMIC PERSPECTIVE 印尼央行透明度：法律与经济视角

Indonesia Law Review Pub Date : 2017-08-31 DOI: 10.15742/ILREV.V7N2.320

Safari Kasiyanto

引用次数: 0