Indonesian Comparative Law Review最新文献

{"title":"Legal Protection for Music Copyright: Comparative Study between Indonesia and Malaysia","authors":"Runi Hilda Fadlani Siregar","doi":"10.18196/iclr.v5i2.17927","DOIUrl":"https://doi.org/10.18196/iclr.v5i2.17927","url":null,"abstract":"Music copyrights are not only considered as commodities but also considered as private property which must be recognized and protected by the state. In Indonesia, legal protection for copyright holders and creators is conducted through the National Collective Management Organization, while in Malaysia those issues are handled by Music Rights Malaysia Berhad. The purpose of this research using a comparative legal concept approach is to provide information about music copyright protection in Indonesia and Malaysia regarding legal issues regarding the position of the music copyright protection agency as well as prosecution and legal remedies for copyright infringements within the country and across countries. This study used normative juridical legal research. The results of study show that National Collective Management Institute (NCMI) and Music Rights Malaysia Berhad (MRM) have the same characteristics, namely as independent institutions and have attributive authority to take legal action against Music copyright violations. Furthermore, MRM has a narrower range of royalty collection than NCMI. In addition, MRM has no obligation to mediate if the case is a civil case. Besides, legal efforts that can be carried out by NCMI and MRM can be through the realm of criminal or casuistry litigation or arbitration.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129355317","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}

{"title":"Water Privatization Discourse in Indonesia: Legal Issues and Lessons Learnt from the UK’s Experience","authors":"Al Fatah Hidayat","doi":"10.18196/iclr.v5i2.17985","DOIUrl":"https://doi.org/10.18196/iclr.v5i2.17985","url":null,"abstract":"Legal protection of water resources is important as a rule and guidelines for human behavior as the purpose of the law to regulate public order. Legal developments regarding water resources need to be updated following the development of the community, so that the creation of legal protection for water resources can have an impact on water conservation. This study examines the policy of legal protection of water resources in Indonesia. It discusses the existing legal issues emerged in water privatization. Besides, it also explores the UK’s experience including the management and policy on the water exploitation. This study employed doctrinal legal research utilizing comparative, statutory, and conceptual approach. The discussion's findings demonstrate that the UK's approach to water management differs from Indonesia's. A system of water privatization is used in UK water regulation. The UK places a high focus on service quality and access to clean water. Therefore, the government offers complaint services regarding water quality in order to regulate the performance of the private sector. The Consumers Council for Water (CCWater) also provides assistance to consumers in homes and businesses. Water and sewage users in the UK and Wales are represented by CCWater, which also accepts unresolved complaints.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116266678","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}

{"title":"Harmonizing Regional Competition Laws and Policies: A Way Forward for ASEAN Economic Growth","authors":"Andi Rifky Maulana Efendy","doi":"10.18196/iclr.v5i2.17910","DOIUrl":"https://doi.org/10.18196/iclr.v5i2.17910","url":null,"abstract":"The prominent subject of discussion within the context of the ASEAN Economic Community is the harmonization of competition law in the region (AEC). In order to remove and reduce potential barriers to economic activity, ASEAN has adopted free trade through economic integration among its member nations. This study aims to examine why it is crucial to harmonize ASEAN competition law and to determine what the ASEAN business competition law harmonization model looks like. This paper used normative method with utilizing a statutory and a comparative approach which are presented descriptively. The results demonstrated that legal system conflicts can be addressed and legal disparities can be lessened by initiatives at harmonization. To do this, ASEAN must at the very least harmonize three key aspects of ASEAN Member States' competition laws: the substance of the law, law enforcement, and competition commission. In this context, collaboration amongst competition enforcement agencies can be used to implement the ASEAN model of harmonising competition legislation. Cooperation can take the form of notification, information sharing, enforcement cooperation between commissions, consultation, and conciliation.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126253642","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}

{"title":"The Implementation of Mutual Legal Assistance between Indonesia and Switzerland Regarding Asset Recovery","authors":"Muhammad Yudha Prawira, Fatra Alamsyah","doi":"10.18196/iclr.v5i2.17435","DOIUrl":"https://doi.org/10.18196/iclr.v5i2.17435","url":null,"abstract":"Mutual Legal Assistance in Criminal Matters (MLA) between Indonesia and Switzerland was ratified by the Indonesian government through the enactment of the Law Number 5 of 2020. It outlines the applicable legal framework for reciprocal legal assistance in criminal matters, including the trace of the proceeds of crimes. It is expected that this MLA may facilitate the process of returning assets from Switzerland to Indonesia. This article aims to discuss the implementation of the MLA between Indonesia and Switzerland in returning assets resulted from corruption which were especially stored in Swiss banks. This normative legal research employs both statutory and comparative approach. Analysis was made based on the study upon relevant legal materials, including national legislation, international regulations, and journal articles. It is found that the contribution of the MLA in regard to returning asset resulted from corruption is still minimum. The implementation of the MLA between Indonesia and Switzerland encountered obstacles and various resistance. More serious efforts are needed in order to achieve the main goal of the establishment of the MLA, namely asset recovery.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130085167","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}

{"title":"Legal Protection for Tik Tok Shop Buyers: Comparison between China and Indonesia","authors":"Naufal Bagus Pratama, Salsabilla Deniesa","doi":"10.18196/iclr.v5i2.17298","DOIUrl":"https://doi.org/10.18196/iclr.v5i2.17298","url":null,"abstract":"The nature and scale of e-commerce are constantly changing. In today's world, the concept of internet purchasing became ubiquitous. All the purchases that consumers make is safeguarded by a set of policies in the form of rules imposed in each country; thus, the evolution of consumer protection is also inextricable from global influences. The term consumer protection refers to an umbrella term that encompasses many different aspects of economic transactions. The relevance of the law rests in the fact that the regulation works to protect individuals and the rights they are entitled to. In spite of the significance they have, customers frequently find themselves victimized by unethical commercial activities. This article describes the proliferation of E-commerce and the legal protection of the e-consumers who conduct buying and selling transactions, particularly in the TikTok Shop platform. This normative legal research relies on secondary data and employs both statutory and comparative approach. The finding shows that China has established a new law to safeguard and maximize a healthy shopping environment on an e-commerce platform. On the other side, Indonesia has not had a specific regulation for e-commerce yet, accordingly the legal protection for Tik Tok Shop buyers relies to the existing law, namely the Law No. 8 of 1999 concerning consumer protection.The nature and scale of e-commerce are constantly changing. In today's world, the concept of internet purchasing became ubiquitous. All the purchases that consumers make is safeguarded by a set of policies in the form of rules imposed in each country; thus, the evolution of consumer protection is also inextricable from global influences. The term consumer protection refers to an umbrella term that encompasses many different aspects of economic transactions. The relevance of the law rests in the fact that the regulation works to protect individuals and the rights they are entitled to. In spite of the significance they have, customers frequently find themselves victimized by unethical commercial activities. This article describes the proliferation of E-commerce and the legal protection of the e-consumers who conduct buying and selling transactions, particularly in the TikTok Shop platform. This normative legal research relies on secondary data and employs both statutory and comparative approach. The finding shows that China has established a new law to safeguard and maximize a healthy shopping environment on an e-commerce platform. On the other side, Indonesia has not had a specific regulation for e-commerce yet, accordingly the legal protection for Tik Tok Shop buyers relies to the existing law, namely the Law No. 8 of 1999 concerning consumer protection.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116444097","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}

{"title":"Pincer Maneuver: Legality of China’s Economic Measures towards India","authors":"Adinda Balqis Tegarmas Gemilang","doi":"10.18196/iclr.v5i1.17157","DOIUrl":"https://doi.org/10.18196/iclr.v5i1.17157","url":null,"abstract":"China today has an enormously massive and diverse industrial sector which cemented its role as the world’s factory. This status is mainly borne from cheap, plentiful and capable workforce that given by the size of its population. Increasingly belligerent stances taken by the Chinese Communist Party (CCP) in combination with myriad of other factors have led industries to slowly move their production elsewhere. The alternative, in form of China’s nemesis, India which has started to woo manufacturer to  do business with them as a more competitive and open market in combination with the abundance of cheap and capable workforce. China in realizing this move are now exposed to the existential problem of power. With the wealth accumulated, China has started curbing the effect of the relocation of its manufacturing sectors to India. Initiatives and program that they create have strangely unaffected India in its efforts to enter into the global manufacturing and distribution system. The paper aims at answering the question on the legality of China’s economic measures toward India from the perspective of the existing international law. This normative legal research relies on primary and secondary sources. The study found that the mentioned economic measures are in line with the applicable international law.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130209865","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}

{"title":"A Comparison of Judicial Review in Indonesian Constitutional Court and French Constitutional Council","authors":"Muhammad Iqbal Samsudin","doi":"10.18196/iclr.v5i1.15127","DOIUrl":"https://doi.org/10.18196/iclr.v5i1.15127","url":null,"abstract":"One of the advances in contemporary legal and governmental ideas to arise in the 20th century was the notion of establishing a Constitutional Court. A constitutional court is a high court that focuses on constitutional law issues. Its primary authority is to rule on whether laws that are reviewed are in fact in line with constitution or not. The purpose of this study is to compare the judicial review functions and institutional aspect of the Indonesian Constitutional Court with the French Constitutional Council. It explains the distinctions and similarities between the roles of the Indonesian Constitutional Court and the French Constitutional Council as judicial entities allowed to conduct judicial reviews of statutes in accordance with the constitution. The research method employed is library research, while the research approach is a statutory approach and a comparative approach. The study shows that the Constitutional Courts in France and Indonesia have certain similarities and differences that come from the issue of court’s authority, nature of decision, complainant party, and qualification and composition of justices.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124336972","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}

{"title":"Theft under Islamic and Indonesian Criminal Law","authors":"Zulfiani Ayu Astutik, Muhammad Rafif Wibowo, Ahmad Fahmi Ilham Mulloh, Adilla Putri Diva","doi":"10.18196/iclr.v5i1.15124","DOIUrl":"https://doi.org/10.18196/iclr.v5i1.15124","url":null,"abstract":"Theft  violates both  legal and religious norms  and it is a crime  under Islamic and Indonesian Criminal Law .  The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime  but also  preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127398838","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}

{"title":"Possibility to adopt LRTAP against Transboundary Haze Pollution: What Should ASEAN Look For?","authors":"Wahyudi Umar, Taufik Kurrahman","doi":"10.18196/iclr.v5i1.16787","DOIUrl":"https://doi.org/10.18196/iclr.v5i1.16787","url":null,"abstract":"Transboundary pollution is part of air pollution originating from other countries has an impact on areas that are under the jurisdiction of other countries, The seasonal haze affected the health quality of ASEAN, it is evident that every time a forest fire occurs, the population with respiratory problems increases, including psychological stress. The objective of this paper is to investigate the problems and challenges that ATHP faces. It elaborates on the factors that contributed to LRTAP's relative success. It also analyzes and describes the measures taken in relation to the ATHP and compares its efficacy to LRTAP.  The study used empirical-normative research method sourcing from literatures and journals.  The study shows that ASEAN formed the Agreement on Transboundary Haze Pollution (ATHP) which has the aim of being a body that works to reduce and suppress air pollution in the ASEAN region, framed within the 1979 Convention on Long-Range Transboundary Air Pollution (LRTAP). In comparison to LRTAP, the aforementioned can be offered as a means of recommendation for the success of the AATHP. It is measurable that the importance placed on contribution, cooperation, scrutiny, democracy, and transparency in the agreement was a contributing factor in LRTAP's success.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131781130","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}

{"title":"Crude Palm Oil Corruption: A Discourse on the Imposition of Capital Punishment","authors":"Dwi Camila, Andi Pramudya Syamsu, Ayi Dudi Firdaus, Siti Norzulaika, Wan Nurainun Najwa Binti Sulaiman","doi":"10.18196/iclr.v5i1.15112","DOIUrl":"https://doi.org/10.18196/iclr.v5i1.15112","url":null,"abstract":"The study aims to discuss on the corruption of Crude Palm Oil (CPO) export cases that have led to the scarcity of cooking oil at affordable prices in Indonesia. It is harmful for the public as the Crude Palm Oil (CPO) has been exported without a permit and does not meet the requirements of Domestic Market Obligation (DMO) and Domestic Price Obligation (DPO). The study is a normative legal research employing descriptive-qualitative upon data collected through a library study. The study shows that the case of crude palm oil (CPO) export corruption made the supply of cooking oil disrupted that led to economic and political instability. In response to this, the government conducted an investigation and found  several suspects of  corruption cases. While the legal process running, the discourse on the application of death penalty arose within the society. It was so because this corruption occurred during the pandemic. However, the use of the capital punishment in cases of corruption is restricted because it can only be used in specified circumstances, especially when the funds are intended for dealing with dangerous situations, national natural disasters, social unrest, economic and monetary problems, and corruption repetition.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127320726","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}