Indonesia Law Review最新文献_第9页

PROBLEMS OF CONDUCTING EQUAL EDUCATION RIGHTS FOR NON-FORMAL EDUCATION: CHALLENGES FOR BATAM LOCAL GOVERNMENT 非正规教育实施平等教育权的问题:巴淡岛地方政府面临的挑战

Indonesia Law Review Pub Date : 2017-08-30 DOI: 10.15742/ilrev.v7n2.201

W. Tan

{"title":"PROBLEMS OF CONDUCTING EQUAL EDUCATION RIGHTS FOR NON-FORMAL EDUCATION: CHALLENGES FOR BATAM LOCAL GOVERNMENT","authors":"W. Tan","doi":"10.15742/ilrev.v7n2.201","DOIUrl":"https://doi.org/10.15742/ilrev.v7n2.201","url":null,"abstract":"In order to comply with education rights as mandated by the 1945 Constitution, a non-formal education has been introduced to Indonesian society. Non-formal education is regulated by Article 26, paragraph 1-7 of Law No. 20 of 2003 on National Education System. Since this provision is mandated by the Law, it is questioned whether the Government of Batam City has efficiently implemented the educational rights for all. Another question is whether the delivery system of equal education conducted by Community Learning Center and Homeschooling in Batam City which aim to assist the Batam City Government are the solutions in providing education rights for all in Batam City. This research finds that Law No.20 of 2003 on National Education has not been effectively implemented by the Batam City Government, particularly the Education Office under the Batam City Government because non-formal educations as one of the solutions of delivering equal education for all remains to face problems. The problems are students in non-formal education programs are not students at the study age and yet they must follow the same curriculums as students in formal schools. This research also finds that the Education Office under the Batam City Government fails to disseminate the requirements under Law No.20 of 2003 to Community Learning Center in Batam City. In addition, it also fails to conduct regular monitoring and auditing in relation to learning process performances of Community Learning Center in Batam City.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46843449","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

INDONESIAN FOOD SECURITY POLICY 印尼粮食安全政策

Indonesia Law Review Pub Date : 2017-08-30 DOI: 10.15742/ILREV.V7N2.198

M. Limenta, S. Candra

{"title":"INDONESIAN FOOD SECURITY POLICY","authors":"M. Limenta, S. Candra","doi":"10.15742/ILREV.V7N2.198","DOIUrl":"https://doi.org/10.15742/ILREV.V7N2.198","url":null,"abstract":"Food security has been an issue of endless discussions given its sensitive nature of being associated with the wellbeing of individuals. Pursuant to Article 33 of the Indonesian Constitution, the Indonesian Government, in principle, have the legal capacity to utilize to the greatest extent the nation’s natural resources for the sake of the welfare of Indonesian citizens through regulating and issuing relevant policies. As regards food security, Indonesian policies, in general, have been more focused on programs that aim to promote self-sufficiency in food production in order to achieve food security, as stated in Law No. 18 of 2012 regarding Food. The Law provides that importing food products can only be conducted if production by local producers is insufficient for the consumption needs of Indonesian citizens. Thus, this article will discuss further the national and international implications as a result of the government’s continuous perception that food security problems can be resolved with self-sufficiency in food production. The question is whether this policy has managed to reach its intended goal, namely ensuring Indonesian citizens the availability and access to nutritious food? Finally, this article will offer two solutions that are deemed to be more effective and efficient than the notion of food self-sufficiency in achieving the food security policy objective.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67353066","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: 17

LEGAL DUALISM AND INCONSISTENCY REGARDING INMATES’S RIGHTS: A REVIEW TOWARD IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 99 OF 2012 法律的双重性与囚犯权利的不一致性&对2012年第99号政府法规实施情况的回顾

Indonesia Law Review Pub Date : 2017-08-30 DOI: 10.15742/ILREV.V7N2.204

F. M. Nelson

{"title":"LEGAL DUALISM AND INCONSISTENCY REGARDING INMATES’S RIGHTS: A REVIEW TOWARD IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 99 OF 2012","authors":"F. M. Nelson","doi":"10.15742/ILREV.V7N2.204","DOIUrl":"https://doi.org/10.15742/ILREV.V7N2.204","url":null,"abstract":"In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for The Implementation of the Rights of Inmates and has been amended lastly by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates committing to an extraordinary crimes (terrorism, drug abuse, corruption, crimes against the security of the state, crimes against humanity and other transnational organized crimes) that impedes such inmates to submit remission and parole. This paper examines the consistency between the implementation of GR 99/2012 and the concept of criminal punishment in Indonesia. This paper is a summary of empirical juridical research that reports the influences of GR 99/2012 on inmates in correctional institutions. Data used for this research was obtained from interviews, observation, desk reviews and focus group discussion with government officials. Based on the findings, it could be inferred that GR 99/2012 has impeded the fulfillment of the inmate’s rights on parole and remission due to complication of procedures, additional fines, and multi interpretation of the regulation. Furthermore, it affects the aggravation of overcrowding, violations against inmate’s rights, and illegal practices within the process. Based on the analysis as discussed in this paper, GR 99/2012 is inconsistent with the concept of criminal punishment in Indonesia because it impedes inmates to return within society. This paper proposes that GR 99/2012 should be revoked and revised in accordance with the spirit of Corrections Act and to creat synergy among law enforcers in fulfilling the inmate’s rights.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44515058","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

Is Conditionally Constitutional Doctrine Constitutional 条件性宪法主义合宪吗

Indonesia Law Review Pub Date : 2017-05-01 DOI: 10.15742/ilrev.v8n1.381

Pramudya A. Oktavinanda

{"title":"Is Conditionally Constitutional Doctrine Constitutional","authors":"Pramudya A. Oktavinanda","doi":"10.15742/ilrev.v8n1.381","DOIUrl":"https://doi.org/10.15742/ilrev.v8n1.381","url":null,"abstract":"Under the Conditionally Constitutional Doctrine, the Indonesian Constitutional Court may declare that a provision of a statute is constitutional if it is read in a way described by the Constitutional Court. In practice, this doctrine allows the Constitutional Court to create new legal norms that might not be covered or even considered in the reviewed statute. The main question is: does the Constitutional Court have any legitimate reasons to use such doctrine? This is especially crucial because the Indonesian House of Representatives once banned the doctrine through amendment to Law No. 24 of 2003 on Constitutional Court in 2011 and shortly thereafter, the Constitutional Court declared that the amendment is unconstitutional. In this article, I will discuss the validity of the Conditionally Constitutional Doctrine through the lens of various theories of legal interpretation, and further conclude that given the nature of judicial review process, attempting to answer the above question from the perspective of traditional legal interpretation theories would not be fruitful. Instead, I would recommend using a pragmatic approach in dealing with the existence of the doctrine and offer certain aspects that can be further pursued by Indonesian legal researchers in order to improve the use of such doctrine.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45216024","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 Status Of Individual Bankrupt Debtors After Termination Of Bankruptcy And Rehabilitation Under Indonesian Bankruptcy Law 印尼破产法规定的个人破产债务人在破产终止和重整后的法律地位

Indonesia Law Review Pub Date : 2017-04-30 DOI: 10.15742/ilrev.v7n1.289

Sonyendah Retnaningsih, Isis Ikhwansyah

{"title":"Legal Status Of Individual Bankrupt Debtors After Termination Of Bankruptcy And Rehabilitation Under Indonesian Bankruptcy Law","authors":"Sonyendah Retnaningsih, Isis Ikhwansyah","doi":"10.15742/ilrev.v7n1.289","DOIUrl":"https://doi.org/10.15742/ilrev.v7n1.289","url":null,"abstract":"The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure ( sita umum ) of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid immediately from the property owned by the debtor. Based on such principle, bankruptcy serves as a means of coercion to materialize the creditors’ rights through liquidation of the debtor’s assets. Bankruptcy law in Indonesia does not recognize the principle of debt forgiveness, among others, the implementation of debt relief granted to the debtor to pay off debts that are truly incapable of being fulfilled. According to the Bankruptcy Law, after the completion of the bankruptcy process, the debtor is no longer in a state of bankruptcy, because the end of bankruptcy has revoked the status of insolvent debtors, hence debtors are considered as being competent to take care of their property. However, the termination of bankruptcy does not necessarily absolve the debtor from the remainder of the debt; creditors are entitled to collect it and debtors are obligated to pay it off. Upon the completion of the bankruptcy process, debtors or their heirs may apply for rehabilitation. However, rehabilitation is only to be granted if all creditors state that they have obtained payment in a satisfactory manner, meaning that recognized creditors will not file claims against the debtor concerned again even though they may not have received payment on all of their outstanding receivables. Request for rehabilitation can only be granted if the debtor has completed the entire scheme of bankruptcy and creditors were satisfied with the payment.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42520342","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

Drugs Law and Legal Practice in Southeast Asia: Indonesia, Singapore, and Vietnam 东南亚的毒品法律和法律实践:印度尼西亚、新加坡和越南

Indonesia Law Review Pub Date : 2017-04-30 DOI: 10.15742/ilrev.v7n1.294

Maskun Maskun

引用次数: 7

AVIATION LEGAL ISSUES IN INDONESIA AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN 印尼和泰国的航空法律问题：面向东盟更好的乘客权利

Indonesia Law Review Pub Date : 2017-04-30 DOI: 10.15742/ILREV.V7N1.290

Ridha Aditya Nugraha, L. Kovudhikulrungsri

{"title":"AVIATION LEGAL ISSUES IN INDONESIA AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN","authors":"Ridha Aditya Nugraha, L. Kovudhikulrungsri","doi":"10.15742/ILREV.V7N1.290","DOIUrl":"https://doi.org/10.15742/ILREV.V7N1.290","url":null,"abstract":"The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers' rights. Flight delays, cancellations, and denied boarding, either on domestic or International flights, are the main airline passengers' rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN skies, the urgency to establish a uniform legal framework on passengers' rights has become essential. Learning from the current International legal framework, namely the Warsaw Convention, the Montreal Convention, and EU Regulation No. 261/2004, they could present the source of best solution. Considering that the latter was established by another regional initiative, it could be a particularly valuable guide for ASEAN, even though the current integration level of the EU and ASEAN are quite different. Also of importance, the bomb threat hoax phenomenon within Indonesia and Thailand shall also be discussed. Passengers' rights must also be protected against the implications of such irresponsible acts.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43522620","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

CONSULAR ASSISTANCE FOR NATIONALS DETAINED BY A FOREIGN GOVERNMENT: STATES’ POLICIES AND PRACTISES 对被外国政府拘留国民的领事协助：各国的政策和实践

Indonesia Law Review Pub Date : 2017-04-30 DOI: 10.15742/ILREV.V7N1.292

Dewi Avilia

引用次数: 0

TECHNOLOGY TRANSFER IN INDONESIAN STATE UNIVERSITIES: DO IPRS PLAY A SIGNIFICANT ROLE? 印尼国立大学的技术转移:知识产权是否发挥重要作用?

Indonesia Law Review Pub Date : 2017-04-30 DOI: 10.15742/ILREV.V7N1.291

Puspa Kriselina Asmoro

引用次数: 2

INDONESIA AND THE TRANS-PACIFIC PARTNERSHIP AGREEMENT (TPPA): THE LUXURY OF TIME 印尼与跨太平洋伙伴关系协定(tppa):时间的奢侈

Indonesia Law Review Pub Date : 2017-04-20 DOI: 10.15742/ILREV.V7N1.288

David Price

{"title":"INDONESIA AND THE TRANS-PACIFIC PARTNERSHIP AGREEMENT (TPPA): THE LUXURY OF TIME","authors":"David Price","doi":"10.15742/ILREV.V7N1.288","DOIUrl":"https://doi.org/10.15742/ILREV.V7N1.288","url":null,"abstract":"This Presentation examines Indonesia’s recent declaration to join the Trans-Pacific Partnership (TPPA), as announced by President Widodo during a State visit to the United States in October 2015, and his subsequent announcement that this accession would occur within two years. The Presentation explores both the implications for Indonesia of TPPA membership as well as the likelihood of achieving the President’s two-year aspiration. It focuses on one of the more controversial elements of the TPPA, namely, the inclusion of Investor-state dispute settlement (ISDS) provisions, particularly in light of former President Yudhoyono’s 2014 determination to terminate all its bilateral investment treaties with ISDS provisions. In joining the TPPA, Indonesia commits to its ISDS provisions, likely without carve-outs or reservations. The change may perhaps be driven by a perceived imperative to open up Indonesian economy to greater international investment, and to compete with other growing ASEAN economies. However, the future of the TPPA is not necessarily assured, with the U.S. Presidential election and U.S. domestic politics having a major impact on its future status, or even very existence. President Obama considers it a key element of his Presidential legacy, and has Congressional agreement for a “fast-track” vote, but both Presidential candidates, as well as members of both parties in Congress, have at times soundly criticised or even rejected the TPPA. It appears increasingly unlikely that he will succeed in achieving ratification as he enters his Presidency’s “lame duck” period. The Presentation also examines the implications for Indonesia and for the TPPA if the United States unduly delays or even rejects its own domestic ratification of the TPPA.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2017-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41488456","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