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Indonesia Law Review
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2088-8430 - ISSN (Online) 2356-2129
Published by Universitas Indonesia Homepage  [20 journals]
  • The Rise and The Fall of Indonesian Administrative Court's
           Jurisdiction: Impediments and Prospect

    • Authors: Enrico Parulian Simanjuntak
      Abstract: If one of Indonesia’s judiciary branches has been in constant flux before and after one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to Administrative Court jurisdiction. In this paper, I will discuss to what extent the Administrative Courts have indeed changed, survived between the fall and the rise jurisdiction, and improved the administration of justice in their field. It will first provide a short overview of the original jurisdiction on the Administrative Court Act (ACA), followed by an analysis of the legal impact of the enactment of the Government Administration Act (GAA) and other relevant Law and Regulation. This paper demonstrated that Administrative Court jurisdiction expansion urgently required harmonization between the ACA and the GAA: the existing legal gap has been not sufficiently filled by the Supreme Court Regulation (SCR) or Supreme Court Circular (SCC).
      PubDate: 2020-10-09
      Issue No: Vol. 10, No. 2 (2020)
       
  • Cyber-Notary in Contemporary Legal Perspective: A Paradox in Indonesian
           Laws and Its Marginal Compromises to Find Equilibrium

    • Authors: David Tan
      Abstract: Notaries in Indonesia have existed since the colonial period until now. Changes in technology and information that continues to evolve brings the flow of change in all aspects of life, including the legal sector. However, the position of notary in Indonesia did not experience many significant changes despite the advancements. Promulgation of Law No. 2 of 2014 also introduced the term cyber-notary formally in the constellation of Indonesian law. But the fact is, the idea of cyber-notary is not practical because of legal obstacles that seem to form a legal paradox. This paper analyses the position of cyber-notaries in Indonesia's positive legal order, challenges, adaptations and compromises that are actually carried out to implement cyber-notary in Indonesia. Normative-juridical legal research method was chosen as a research method by examining various legal theories and comparisons between related laws. Also being presented are examples of successful cyber-notary implementations from several countries. From the results of the study, it was found that the implementation of cyber-notary in Indonesia is still far from expectations. This condition occurs because interrelated law still creates legal paradoxes, resulting in the inability of notaries in Indonesia to fully develop into cyber-notaries. Recommendations are also given to stakeholders as valuable insight.
      PubDate: 2020-09-30
      Issue No: Vol. 10, No. 2 (2020)
       
  • A Behavioral Approach to Bilateral Cooperation on Criminal Laws: A Case
           Study on Indonesia‚Äôs Extradition and Mutual Legal Assistance Treaties

    • Authors: Harison Citrawan, Muhammad Fedian
      Abstract: The effectiveness of bilateral agreement in the context of criminal law enforcement is still highly contested. In the Indonesian context, such a bilateral cooperation is classified into two modalities of indirect law enforcement systems, namely: extradition and mutual legal assistance in criminal matters. This article attempts to explain the state’s rationality in establishing these modalities. Through a behavioral lens, this study undertakes case studies of mutual legal assistance treaty with the Switzerland Confederation and extradition treaty with the Russian Federation. Based on these cases, it could be argued that state’s decision to cooperate is reflected into control and consensus models. However, these two models were induced by political preferences rather than relying on the sole maxim aut dedere aut judicare in criminal laws. At the domestic level, the attitude of penal entrepreneurship and the institutional arrangement showcase the multifaceted of state’s rationality in deciding a treaty design in criminal law cooperation.
      PubDate: 2020-09-30
      Issue No: Vol. 10, No. 2 (2020)
       
  • Freedom of Speech and the Role of Constitutional Courts: The Cases of
           Indonesia and South Korea

    • Authors: M. Lutfi Chakim
      Abstract: Freedom of speech is a fundamental rights that must be protected in a democratic society. However, there is a worrying problem in many countries where governments unjustifiably limit freedom of speech, such as targeting people who have different views from the government. Constitutional cases related to the protection of freedom of speech in Indonesia and Korea show that there is a gradual decline in the quality of democracy. Therefore, this article aims to assess to what extent do the Constitutional Court’s role help in protecting freedom of speech in Indonesia and Korea. Through its decisions, the Constitutional Courts of Indonesia and Korea have contributed to institutionalizing freedom of speech as a permanent fixture of democracy by keeping the state institutions to a transparent and making the state responsive to public opinion and criticism. Even though freedom speech is not an absolute right and can be limited, however, when the Constitutional Court deals with the freedom of speech case, the limitation should be done only under strict conditions and where it is necessary and in a proportionate manner.
      PubDate: 2020-09-30
      Issue No: Vol. 10, No. 2 (2020)
       
  • How to Design Genetically Modified Food Labeling Regulation in Indonesia -
           Taking Indonesian Demands and Science Seriously

    • Authors: Kai Peter Purnhagen, Dasep Wahidin
      Abstract: This research proposes a genetically modified (GM) food labeling regulation for Indonesia, which is based on the socio-economic demands of Indonesia on the one hand and the demands of international trade law and policy on the other. The paper first critically evaluates the current Indonesian GM labeling regime as it is embedded in the international trade law and policy system. We highlight its major weakness, such as the dependence on regulation from bigger trading blocs, lack of consideration for the socio-economic characteristics of Indonesia, and lack of compliance. To overcome these shortfalls, we propose a new GM labeling regulation for Indonesia that is based on the Food Safety Objective/Appropriate Level of Protection (FSO/ALOP) concept for developing countries, as previously developed by the authors.
      PubDate: 2020-09-30
      Issue No: Vol. 10, No. 2 (2020)
       
  • The Potential Effects of Piracy on the Art-Craft Industry: A Comparative
           Analysis of Nigeria and Indonesia

    • Authors: Kalu Kingsley Anele
      Abstract: Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the availability of art-crafts, cultural heritage, and cultures but also coastal states that rely heavily on shipping for their economic development. The existence of art-crafts and cultural heritage also means that there are thriving tourism sectors and creative industries in both countries. Nonetheless, the spate of piratical attacks off the waters of Nigeria and Indonesia potentially threatens the economic and sociopolitical significance of art-craft, particularly in the exportation of art-craft items and the importation of materials for art-craft production, in both countries. Moreover, piracy threatens logistics in tourism in both countries, which depends on the art-craft industry for its sustenance. Also, piratical acts threaten the transportation of foreign tourists visiting tourist destinations in Nigeria and Indonesia. Thus, it becomes imperative to secure the transportation of people and art-craft items and materials through the sea to Nigeria and Indonesia. The paper argues that similar antipiracy measures can contribute to preventing piracy from affecting the art-craft industries in Nigeria and Indonesia, like strengthening piracy legal and institutional regime and cooperation among relevant stakeholders, especially neighboring countries, maritime organizations, and the shipping industry. The paper concludes by reiterating that though piratical attacks against vessels transporting art-craft items and materials have not been recorded, the incessant piratical acts off the waters of Nigeria and Indonesia suggest that attacks on vessels involved in the art-craft industry are imminent, and therefore, should be nipped in the bud.
      Issue No: Vol. 10, No. 2
       
  • Fatwa in Indonesia: An Analysis of Dominant Legal Ideas and Mode of
           Thought of Fatwa-Making Agencies and Their Implications in the Post-New
           Order Period by Pradana Boy ZTF

    • Authors: Heru Susetyo
      Issue No: Vol. 10, No. 2
       
 
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