Indonesian Comparative Law Review最新文献_第2页

The Settlement of Armed Criminal Groups Case in Papua: Ended with Secession? 巴布亚武装犯罪集团案的解决:以分裂结束?

Indonesian Comparative Law Review Pub Date : 2022-09-26 DOI: 10.18196/iclr.v4i2.15122

Avi Lupi Rinasti, M. H. Alfarizi, Regita Ryan Noveliani, Bagaskara Yonar Farhansyah, Zulfiani Ayu Astutik

引用次数: 0

Copyright Protection for Creators of Digital Artwork 数字艺术作品创作者的版权保护

Indonesian Comparative Law Review Pub Date : 2022-09-08 DOI: 10.18196/iclr.v4i1.15106

Salsabilla Deniesa, Dela Rinanda Putri, Arqam Amrullah, AdrianaMaisarah binti Mohd Farid, N. Hassan

引用次数: 0

Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia 印尼与沙特阿拉伯对性犯罪者判处死刑之比较

Indonesian Comparative Law Review Pub Date : 2022-09-08 DOI: 10.18196/iclr.v4i1.15072

Try Hardyanthi, M. Akbar, Ichwan Rizky Akbar Napitupulu, Nia Prilia Nirwana, Shaffa Aulia Yasmin

{"title":"Inflicting Death Penalty to Sexual Offenders: A Comparison between Indonesia and Saudi Arabia","authors":"Try Hardyanthi, M. Akbar, Ichwan Rizky Akbar Napitupulu, Nia Prilia Nirwana, Shaffa Aulia Yasmin","doi":"10.18196/iclr.v4i1.15072","DOIUrl":"https://doi.org/10.18196/iclr.v4i1.15072","url":null,"abstract":"The case of sexual violence is increasing every year in Indonesia. The current prevailed penalties for perpetrators of sexual violence as stated in the Penal Code and the Child Protection Act are considered ineffective. The public then proposed that the perpetrators of sexual violence should be sentenced to death. The study aims to conduct a comparative study between Indonesia and Saudi Arabia in punishing sexual violence perpetrators. This study will look at how the death penalty is deemed appropriate to be applied for sexual offenders. It also explores the prevailed punishments by Saudi Arabian government for sexual violence cases. The study is normative research with employing comparative and statutory approaches. The study shows that sexual violence could be regarded as extraordinary crime as it meets particular conditions. Indonesia opens up the possibilities to punish the sexual offenders with the death penalty. However, Saudi Arabia on the other hand did not impose death penalty for sexual violence perpetrators but rather have a public humiliation as an alternative.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"204 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123048872","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

Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis 印度尼西亚条约制定过程中的程序问题:比较分析

Indonesian Comparative Law Review Pub Date : 2022-09-07 DOI: 10.18196/iclr.v4i1.12073

Fransiskus Awj

引用次数: 0

Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges 当今网络合同中适销商品的销售:问题与挑战

Indonesian Comparative Law Review Pub Date : 2022-09-07 DOI: 10.18196/iclr.v4i2.15858

Farhanin binti Abdullah Asuhaimi, Zuhairah Ariff Abd Ghadas, N. Nawang

{"title":"Sale of Merchantable Quality Goods in Today’s Online Contract: Issues and Challenges","authors":"Farhanin binti Abdullah Asuhaimi, Zuhairah Ariff Abd Ghadas, N. Nawang","doi":"10.18196/iclr.v4i2.15858","DOIUrl":"https://doi.org/10.18196/iclr.v4i2.15858","url":null,"abstract":"Nowadays, many consumers choose to buy their needs using online platforms rather than the traditional method. The transactions became more active during the Covid-19 pandemic when the citizen movement was restricted with the enforcement of the Movement Control Order. Thus, the online platform needs to provide good information on the product to gain consumers' confidence in entering into any online transactions. This paper highlights the principles of sale of merchantable quality goods in the Malaysia Sale of Goods Act 1957(SOGA) and the consequences of the breach based on a systematic literature review. This paper also investigates the application of the sale of merchantable quality goods in online platforms using the method of content analysis. This research revealed that Lazada and Shopee, as Malaysia's most clicked e-commerce platforms, successfully protect their ranking by providing a perfect practice in ensuring the goods sold comply with the merchantable quality as in SOGA. However, as consumers must be aware of the underlying principle of caveat emptor thus, this paper concludes with some tips for buying online and the suggestion for the online platform to ensure the practice is in line with the current law in Malaysia.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116080630","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

Adjudicating Separation of Powers: Lessons From The European Court of Human Rights for A Future Asian Human Rights Mechanism? 三权分立:欧洲人权法院对未来亚洲人权机制的启示?

Indonesian Comparative Law Review Pub Date : 2021-08-06 DOI: 10.18196/ICLR.V3I2.12037

Seokmin Lee

引用次数: 0

Consolidating Indonesia’s Fragile Elections Through E-Voting: Lessons Learned from India and the Philippines 通过电子投票巩固印尼脆弱的选举:印度和菲律宾的经验教训

Indonesian Comparative Law Review Pub Date : 2021-07-31 DOI: 10.18196/ICLR.V3I1.11298

Tareq Muhammad Aziz Elven, Shalahuddin Ahmad Al-Muqorrobin

{"title":"Consolidating Indonesia’s Fragile Elections Through E-Voting: Lessons Learned from India and the Philippines","authors":"Tareq Muhammad Aziz Elven, Shalahuddin Ahmad Al-Muqorrobin","doi":"10.18196/ICLR.V3I1.11298","DOIUrl":"https://doi.org/10.18196/ICLR.V3I1.11298","url":null,"abstract":"This research argues that implementing the electronic voting (e-voting) system in Indonesia is urged following the nation's first-ever 2019 simultaneous elections, which cost a deadly price of 527 election official lives of reported extreme fatigue during and after the event. Billed as \"the world's most complex election\", it has reached a consensus that the current manual election system, in which five different paper-based elections are voted at a time, has to be changed. Not to mention that the long-time gap between the voting day and the result announcement may create an opportunity for election fraud. This is evidenced by loads of electoral dispute lawsuits from the previous election brought to the Constitutional Court of Indonesia accused the others of cheating. This research stresses that despite the controversies of whether Indonesia, an archipelagic country with more than 17 thousand islands and 267 million people, is ready for e-voting. Whether the application of technology is an appropriate response to the election problems? E-voting is desired as a long-term solution and intends to solve many issues such as speeding the counting of ballots, reducing the cost of elections, providing accessibility for disabled voters, and increasing overall voter turnout.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115341049","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

“Virtual” v.s. “Reality”— On Taxing E-Sports Virtual Goods Transaction in Indonesia “虚拟”与“现实”——论印尼电子竞技虚拟商品交易的税收

Indonesian Comparative Law Review Pub Date : 2021-07-28 DOI: 10.18196/ICLR.V3I1.11159

Ming-Hsi Sung, Wahyudi Umar

{"title":"“Virtual” v.s. “Reality”— On Taxing E-Sports Virtual Goods Transaction in Indonesia","authors":"Ming-Hsi Sung, Wahyudi Umar","doi":"10.18196/ICLR.V3I1.11159","DOIUrl":"https://doi.org/10.18196/ICLR.V3I1.11159","url":null,"abstract":"In technological advances, the emergence of various online games that have generated billion dollars has attracted the attention of the government currently. The most of its revenue comes from the sale of virtual item (item in-game) which have almost zero marginal cost of production. In 2019, Indonesia contributed 624 million dollars, equivalent to 8.7 trillion rupiah for mobile gaming.According to Mirza Adityaswara, Senior Deputy Governor of the Bank of Indonesia (BI), this phenomenon will bring the money out of Indonesia, then it makes Indonesia’s balance of trade (BOT) deficit.Indonesia’s BOT has been facing shortfalls in recent years. In 2019, the BOT decreased by 61.7%, the deficit reached -US$1,933,90 million. This paper argue that Indonesia should take the case aquo as new tax base in order to resolve her deficit. An online game has its own currency which obtained through purchases using real money. This lead to trading real money for virtual objects, ‘land’ and ‘characters’ in-game. Uniquely, item in-game transaction is not only done by the developers to players but also players to players. Therefore, the phenomenon brings with it familiar legal issue such as sales tax. This paper intends to introduce the situation the current situation of case a quo in Indonesia and asserting the urgency and challenges of case aquo taxation in Indonesia.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123855759","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

Insolvency Proceedings: ASEAN and EU Comparison on the Rules of Foreign Court Jurisdiction 破产程序:东盟和欧盟关于外国法院管辖权规则的比较

Indonesian Comparative Law Review Pub Date : 2020-12-31 DOI: 10.18196/ICLR.V3I1.11621

Rizaldy Anggriawan

{"title":"Insolvency Proceedings: ASEAN and EU Comparison on the Rules of Foreign Court Jurisdiction","authors":"Rizaldy Anggriawan","doi":"10.18196/ICLR.V3I1.11621","DOIUrl":"https://doi.org/10.18196/ICLR.V3I1.11621","url":null,"abstract":"Due to a lack of uniformity or harmonization of laws and regulations, cross-border insolvency has remained an issue in the ASEAN region. ASEAN economic openness with the implementation of the ASEAN Free Trade Area (AFTA) and ASEAN Economic Community (AEC) may create issues at some points as investors compete to dominate the ASEAN while assets are located not only on their own territory but also in other ASEAN member countries. On some occasions, they can fail to meet their debt payment obligations when performing international business transactions. As a result of the bankruptcy case, a legal arrangement may exist between the country in which the business actor is declared bankrupt and the country in which the bankrupt debtor's assets are located. This interaction between two or more countries involves a clash of jurisdictions. In order to counter such an issue, ASEAN may learn from what the EU has done over these decades. The study aims to compare the regulatory issue of foreign court jurisdiction in settling the insolvency cases both in ASEAN and EU. The paper is normative-qualitative legal research. It used a comparative, statute, and conceptual approach. It is found that in terms of cross-border insolvency, the European Union is far ahead of ASEAN, given that at least two major regulations in place, namely EC Regulation 1346/2000 and EU Regulation 2015/848, while ASEAN has almost nothing to offer at this time. The experience of the EU to formulate and implement a settled regulation on foreign court jurisdiction in settling the insolvency cases among EU member countries is one of the valuable lessons that ASEAN may take from the EU. ","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127644453","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

Complaint Handling Systems In The Public Sector: A Comparative Analysis Between Indonesia and Australia 公共部门投诉处理系统:印尼与澳洲的比较分析

Indonesian Comparative Law Review Pub Date : 2020-12-31 DOI: 10.18196/ICLR.V3I1.11454

S. Harijanti

引用次数: 2