Archives

2019

Vol 9, No 2 (2019)

Striving as a prominent legal journal platform, Indonesia Law Review has entered its ninth years and always try to provide diversified contents from both national and international authors. However, Indonesia Law Review still stick to its original intent: to provide insights for the development of Indonesian law.

This issue begins with the arguments presented by Osama Amayreh et al. regarding “A New Role of Causation Theory for Achieving Economic Contractual Equilibrium: Monitoring the Economic Equilibrium of the Contract”. This article tries to see the legal provisions of the causation using comparative analytical approach with the French judicial decisions to illustrate the Palestinian and Indonesian legislative deficiencies and the need to adopt the French judicial approach. Comparative analysis approach regarding the context of contract making is also used in Priskila Penasthika’s article entitled, “The Mandatory Use of National Language in Indonesia and Belgium: An Obstacle to International Contracting?”. This article used international private law as the lens.

Insights regarding business law in Indonesia are also discussed in Sugeng & Adi Rochman’s “Legal Protection for Recipients of Foreign Franchise Rights in Indonesia”. They emphasize the need to improve the protection of foreign franchise rights in Indonesia including its dispute resolution setting. Related to dispute resolution, M. Hadi Shubhan analyzes the theories, norms, and practice of simple evidence. Simple evidence is essential for bankruptcy petition application in Indonesia. Therefore, Shubhan crystallize his thought regarding the issue in an article entitled, “Rethinking Simple Evidence in Bankruptcy Petitions for Legal Certainty”.

This issue also provides the status quo discourse in criminal law and criminal procedural law realms. The discourse of criminal law can bee seen through an article entitled, “Analysis of Criminal Liability of Political Parties in Indonesia” by Nani Mulyati and Topo Santoso. This article shows the debate whether political parties are liable in Indonesia’s criminal law platform or not. Next, Aristo Pangaribuan and Kelly Manthovani tries to criticize the overcrowded prisons and the unnecessary deprivation and liberty and dignity for the violators Indonesia’s narcotics law. Their views are depicted in “Causes And Consequences of the War on Marijuana in Indonesia”. This article emphasizes the urgency to fix up the Indonesia’s regulation regarding narcotics law especially regarding the usage of marijuana.

In addition, we serve you a review on a book by Tim Lindsey and Simon Butt published by Oxford University Press in 2018. This book discusses about Indonesia’s legal system and its development through the years. Therefore this book title is “Indonesian Law”.

We hope that this issue reflects our effort to become a prominent law journal in national level and also international level.





Warm Regards,

Patricia Rinwigati Waagstein

Editor-in-Chief, 2019-

Vol 9, No 1 (2019)

Through the years, the Indonesia Law Review has always strived to serve as a premium platform for academics and practitioners to better understand, disseminate and gain a different perspective in regards to the legal developments presented in Indonesia. Now entering its ninth year in operation, we see academic excellence and legal scholarship as a quality to maintain and pursue in even greater depths. Indeed, legal scholarship and the law itself is an important relationship that needs to continue to grow with each other in order to foster a stronger, and more sensitive legal environment that seeks to fulfil the needs and aspirations of a society.

Speaking of which, the law can never be separated from the ideas of a community. Indeed, the law serves as a way to bring society closer into the realms of justice, fairness and peace. Be it through the city states in Ancient Greece known as polis to the rumbling roars of modern-day capitals, what has always been interlaced within the development of a community has been and always will be, the rules and regulations that govern everyday life—reinforcing the values, principles and hopes of a people.

The idea of community within the law is various, touching into various aspects that serve as a lens to understand at a national and local scale. From this issue, we can look towards the article titled the “Elimination of Culture-Based Discrimination Against Women Indonesia: An Assessment of the Implementation of State Parties’ Obligations Under Article 5(a) of the Women’s Convention” by Widya Naseva Tuslian from Universitas Indonesia, who argues that Indonesia needs to bring about change—or rather realize the promises that it has made to the international community in finding the balance between the respect of religious and cultural values as well as women’s rights. As Hillary Clinton has famously stated in a conference in Beijing: “Women’s Rights are Human Rights and Human Rights are Women’s Rights”, so in Indonesia’s context Tuslian examines in a sense—the validity and price that Indonesia would have to pay to secure an equilibrium on the subject’s premises.

Regionally, ASEAN remains an important focal point in regards to legal developments—especially since the implementation of the ASEAN Economic Community is seen to many scholars as a double edged sword. Muhammad Rifky Wicaksono and his co-authors seeks to balance these opinions by analysing the implementation of the extraterritoriality principle to underline competition law in Indonesia writing the article “Implementing The Extraterritoriality Principle To Strengthen Competition Law Enforcement In Indonesia In The AEC Era: A Comparative Study”.

In light of a more competitive and connected society, Indonesia faces great importance on the protection of its intellectual property, patents and trademarks and the new emerging variety of trademarks is important for businesses, communities and legal scholars to understand, as divulged in the article titled “Graphical Representation In The Form Of Label Merek/Mark Etiquette In The Context Of Non Conventional Trademark Registration In Indonesia” written by Ilham Azenal Sacabrata. Another emerging issue within Indonesia’s national stage has to do with the country’s history, going back to its nationalization policy concerning land, specifically lands that were utilized as concessions by Dutch companies in North Sumatera. Written by Edy Ikhsan, this article is titled “The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?”. Indeed, much of Indonesia’s laws is based on the inspiration—whether intentional or rather forcibly—of Dutch law but since Indonesia’s Reform Era, the country has slowly heightened its intentions to make sure its judicial system as well as laws in place can reflect the norms and hopes of the Indonesian people. Such is the same with the Constitution, where the Constitutional Court is given the capacity of looking towards the grundnorm embedded within Indonesia. Hence, the ideas of economic democracy is also analyzed in the journal with the article titled “Two Ideas of Economic Democracy: A Contextual Analysis On The Role Of The Indonesian Constitutional Court As A Guardian Of Democracy” written by Kukuh Fadli Prasetyo.

Finally, if this issue in particular focuses on the idea of different sectors surrounding law and community, then it is prudent to bring forward the relationship Indonesia has with its international partners. This is of course with great attention to the rules and regulations in place and to the extent can governance be deemed sustainable and progressive. In this view, M. Ya’kub Aiyub Kadir seeks to bring into light this idea, through analyzing the legality of Timber produced in Indonesia through the article titled “Indonesian Timber Legality Assurance System (SVLK): In Pursuit of Sustainability In Forest Governance”.

We can attest that following its ninth year, Indonesia Law Review has made significant milestones and seeks to make sure that quality articles is always in tune to our readership. We hope that we can continue to foster a feeling of goodwill and trust between our partners as well as our readers. After all, the world of legal scholarship is looking through the perspectives of academia together.

Warm Regards,

Patricia Rinwigati Waagstein

Editor-in-Chief, 2019-

2018

Vol 8, No 1 (2018)

Available online: 30 April 2018

2017

Vol 7, No 1 (2017)

Available onlline: 30 April 2017

2016

Vol 6, No 3 (2016)

Available onlline: 29 December 2016

Vol 6, No 2 (2016)

Available onlline: 30 August 2016

Vol 6, No 1 (2016)

Available onlline: 30 April 2016



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ISSN: 2356-2129