Pub Date : 2020-08-31DOI: 10.15742/ILREV.V10N2.635
David Tan
Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.
{"title":"CYBER-NOTARIES FROM A CONTEMPORARY LEGAL PERSPECTIVE: A PARADOX IN INDONESIAN LAWS AND THE MARGINAL COMPROMISES TO FIND EQUILIBRIUM","authors":"David Tan","doi":"10.15742/ILREV.V10N2.635","DOIUrl":"https://doi.org/10.15742/ILREV.V10N2.635","url":null,"abstract":"Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, adaptations, and compromises actually made to implement cyber notaries in Indonesia. Normative–juridical legal research is adopted as a research method by examining various legal theories and performing comparisons of related laws. This work also presents examples of successful cyber notary implementations from several countries. Results reveal that the implementation of cyber notaries in Indonesia has yet to meet expectations because interrelated laws still create legal paradoxes. This condition results in the inability of notaries in Indonesia to fully evolve into cyber notaries. Recommendations for stakeholders are presented as valuable insights.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49486753","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}
Pub Date : 2020-08-31DOI: 10.15742/ilrev.v10n2.611
E. Simanjuntak
If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the oneroof 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 the Administrative Court jurisdiction. In this paper, I will discuss to what extent the Administrative Courts have indeed changed, survived, and improved the administration of justice in their field. I 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).
如果说印度尼西亚的任何司法部门在最高法院领导下的单一制度之前和之后一直处于不断变化之中，那就是行政法院。从《行政法院法》(ACA) (Undang-Undang Tentang Peradilan Tata Usaha Negara)和其他反应迟钝的法律政策、建立新法院和最高法院的决定等有限管辖权，到通过制定《政府行政法》(GAA) (Undang-Undang Tentang Administrasi Pemerintahan)和建立部门法(包括宪法法院裁决的扩大)来扩大管辖权，给行政法院管辖权带来了动态变化。在本文中，我将讨论行政法院在多大程度上确实改变了，幸存下来，并改善了其领域的司法行政。我将首先简要概述《行政法院法》(ACA)的原始管辖权，然后分析《政府行政法》(GAA)和其他相关法律法规制定的法律影响。本文论证了行政法院管辖权的扩大迫切需要ACA和GAA之间的协调:现有的法律空白并没有被最高法院条例(SCR)或最高法院通告(SCC)充分填补。
{"title":"THE RISE AND THE FALL OF THE JURISDICTION OF INDONESIA'S ADMINISTRATIVE COURTS: IMPEDIMENTS AND PROSPECTS","authors":"E. Simanjuntak","doi":"10.15742/ilrev.v10n2.611","DOIUrl":"https://doi.org/10.15742/ilrev.v10n2.611","url":null,"abstract":"If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the oneroof 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 the Administrative Court jurisdiction. In this paper, I will discuss to what extent the Administrative Courts have indeed changed, survived, and improved the administration of justice in their field. I 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).","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67344719","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}
Pub Date : 2020-04-30DOI: 10.15742/ILREV.V10N1.616
Luh Rina Apriani, Anna Erliyana
The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat in Siak Regency, to compel the villages in their area to meet the criteria as Indigenous Villages as mandated by the Desa Law. The Regional Regulation of the Province of West Sumatra Number 7 of 2018 concerning Nagari shows political debate to fulfill the mandate of the Village Law, which is criticized as large among the minimal nuances of custom and culture. Bali, which has been living in a circle of the existence of Desa Adat and Desa Dinas, has also examined the responses to the existence of the Desa Law drawn from discussions and discourses on village integration and/or village elections. In the midst of this process, the Provincial Law of Bali Province No. 4 of 2019 was published in the Adat Law (Perda Desa Adat). This paper will show that the Desa Adat Law, which is rich in nuances of customs and culture, was not published to fulfill the mandate of the Desa Law, but instead strengthened the existence of Desa Adat in Bali. This Perda has revised traditional and official relations in Bali by giving more space to the Customary Villages to work together with the Dinas Desa in synergy to empower the community within the philosophical framework of the Balinese people. The effectiveness of this regional regulation needs to be tested to prove the authority of the Desa Adat and Desa Dinas in Bali.
《德萨法》引发了关于德萨·阿达特在印度尼西亚的合法性的讨论。随着《德萨法》赋予村庄权力的主要目标，一些地区认为，《德萨法》第5条的正常化将与加强《德萨法》同时进行。锡亚克摄政政府颁布了关于在锡亚克摄政建立德萨·阿达特的2018年第2号锡亚克摄政条例，以迫使其所在地区的村庄符合《德萨法》规定的土著村庄标准。西苏门答腊省2018年第7号关于Nagari的区域条例显示，为履行村法的任务而进行的政治辩论，该法律被批评为在习俗和文化的细微差别中过于庞大。巴厘岛一直生活在Desa Adat和Desa Dinas存在的圈子中，也从关于村庄一体化和/或村庄选举的讨论和话语中研究了对Desa法存在的反应。在此过程中，2019年第4号巴厘省省法在Adat法(Perda Desa Adat)中公布。本文将表明，《德萨阿达特法》的出版并不是为了履行《德萨法》的使命，而是加强了德萨阿达特在巴厘岛的存在。该Perda修订了巴厘岛的传统和官方关系，为习惯村提供了更多空间，使其与Dinas Desa协同合作，在巴厘岛人民的哲学框架内赋予社区权力。需要检验这一区域规章的有效性，以证明Desa Adat和Desa Dinas在巴厘岛的权威。
{"title":"DESA ADAT PROVINCIAL LAW: EXISTENCE STRENGTENING OR POWER FLEXING?","authors":"Luh Rina Apriani, Anna Erliyana","doi":"10.15742/ILREV.V10N1.616","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.616","url":null,"abstract":"The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat in Siak Regency, to compel the villages in their area to meet the criteria as Indigenous Villages as mandated by the Desa Law. The Regional Regulation of the Province of West Sumatra Number 7 of 2018 concerning Nagari shows political debate to fulfill the mandate of the Village Law, which is criticized as large among the minimal nuances of custom and culture. Bali, which has been living in a circle of the existence of Desa Adat and Desa Dinas, has also examined the responses to the existence of the Desa Law drawn from discussions and discourses on village integration and/or village elections. In the midst of this process, the Provincial Law of Bali Province No. 4 of 2019 was published in the Adat Law (Perda Desa Adat). This paper will show that the Desa Adat Law, which is rich in nuances of customs and culture, was not published to fulfill the mandate of the Desa Law, but instead strengthened the existence of Desa Adat in Bali. This Perda has revised traditional and official relations in Bali by giving more space to the Customary Villages to work together with the Dinas Desa in synergy to empower the community within the philosophical framework of the Balinese people. The effectiveness of this regional regulation needs to be tested to prove the authority of the Desa Adat and Desa Dinas in Bali.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46361137","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}
Pub Date : 2020-04-30DOI: 10.15742/ILREV.V10N1.546
Ranto Sabungan Silalahi
The Indonesian football league has been devastated greatly because of match-fixing, a problem that has caused the decline of the country’s achievements in international events. The ongoing mechanism of using sports law or lex sportiva is considered ineffective because it provides no deterrent effect on offenders. The country may learn from Australia, who has gained many international sports achievements by previously eradicating match-fixing in sports, including football. Australia has included match-fixing among acts of sports corruption, and offenders may be sanctioned both by receiving criminal punishment from a law authority and disciplinary sanction from a sport or football authority. To prevent and address the involvement of gambling syndicates in many instances of match-fixing in football matches, the country has enacted a national policy on the codes of conduct and anti-match-fixing measures in sports and established a special unit to coordinate the law authority and sports authority. Although it has a different system of law, Indonesia may learn from Australia in eradicating match-fixing in football and may have many great achievements in international events as a result.
{"title":"CORRUPTION IN MATCH-FIXING WITHIN SPORTS: THE NEED TO REGULATE FUTURE LEGISLATION (A COMPARATIVE STUDY AND LESSON FROM THE AUSTRALIAN SYSTEM OF LAW)","authors":"Ranto Sabungan Silalahi","doi":"10.15742/ILREV.V10N1.546","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.546","url":null,"abstract":"The Indonesian football league has been devastated greatly because of match-fixing, a problem that has caused the decline of the country’s achievements in international events. The ongoing mechanism of using sports law or lex sportiva is considered ineffective because it provides no deterrent effect on offenders. The country may learn from Australia, who has gained many international sports achievements by previously eradicating match-fixing in sports, including football. Australia has included match-fixing among acts of sports corruption, and offenders may be sanctioned both by receiving criminal punishment from a law authority and disciplinary sanction from a sport or football authority. To prevent and address the involvement of gambling syndicates in many instances of match-fixing in football matches, the country has enacted a national policy on the codes of conduct and anti-match-fixing measures in sports and established a special unit to coordinate the law authority and sports authority. Although it has a different system of law, Indonesia may learn from Australia in eradicating match-fixing in football and may have many great achievements in international events as a result.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45613685","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}
Pub Date : 2020-04-30DOI: 10.15742/ILREV.V10N1.577
Muhammad Bahrul Ulum
This paper traces the trajectory of Indonesian democracy that has developed in the last twenty years, specifically regarding the extent to which its continuities and changes have been consistent with the rationale for reformation. It enquires whether the current democracy has been transformed based on liberal constitutionalism or the new democracy has restored the integralist ideal. In recent years, the mass protests that increasingly color Indonesian politics have become a critical response to a failing system. This analysis asserts that the lack of functioning political parties in Indonesia and the breakdown of Indonesian democracy as a result of integralism ignores essential checks and balances. The situation is exemplified by the cooperation of the opposition parties in the cabinet, including the promotion of gotong royong (mutual help) in the form of Prabowo Subianto, Joko Widodo’s rival in the 2019 Presidential Election. Subianto has long been implicated in human rights abuses, going back to East Timor invasion in the 1970s. This attitude also indicates the serious threat that gradually negates the hard-won liberal democracy at the dawn of the reformation. Among these trends, the current democracy reveals the ineptness of the existing political parties that were essentially liberalized in the early Reformation. As it stands, they have been unable to prevent the current system from being led to a more autocratic model.
{"title":"INDONESIAN DEMOCRACY AND POLITICAL PARTIES AFTER TWENTY YEARS OF REFORMATION: A CONTEXTUAL ANALYSIS","authors":"Muhammad Bahrul Ulum","doi":"10.15742/ILREV.V10N1.577","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.577","url":null,"abstract":"This paper traces the trajectory of Indonesian democracy that has developed in the last twenty years, specifically regarding the extent to which its continuities and changes have been consistent with the rationale for reformation. It enquires whether the current democracy has been transformed based on liberal constitutionalism or the new democracy has restored the integralist ideal. In recent years, the mass protests that increasingly color Indonesian politics have become a critical response to a failing system. This analysis asserts that the lack of functioning political parties in Indonesia and the breakdown of Indonesian democracy as a result of integralism ignores essential checks and balances. The situation is exemplified by the cooperation of the opposition parties in the cabinet, including the promotion of gotong royong (mutual help) in the form of Prabowo Subianto, Joko Widodo’s rival in the 2019 Presidential Election. Subianto has long been implicated in human rights abuses, going back to East Timor invasion in the 1970s. This attitude also indicates the serious threat that gradually negates the hard-won liberal democracy at the dawn of the reformation. Among these trends, the current democracy reveals the ineptness of the existing political parties that were essentially liberalized in the early Reformation. As it stands, they have been unable to prevent the current system from being led to a more autocratic model.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44990900","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}
Pub Date : 2020-04-30DOI: 10.15742/ILREV.V10N1.592
Zhen Jing, Sutikno
Various problems related to marine plastic debris pollution have yet to be resolved. Therefore, the definition, categorization, origin, and degradation of marine plastic debris must be thoroughly investigated to gain a comprehensive understanding of the related issues. The presence of marine plastic debris has significant implications on marine environments, including ecological, biodiversity, health, and economic impacts. Marine plastic debris originates from both landand ocean-based sources, and there have been efforts to prevent or reduce its introduction and accumulation in the marine environment. In Indonesia, such a problem must be solved through the implementation of more effective, efficient, and specific regulations, especially because it is the second-largest contributor of plastic debris in the marine environments throughout the world. In order to reduce 70% of such debris by 2025, the Government of Indonesia established the National Coordination Team of Marine Debris Management, which is tasked to draft policies and carry out coordination, control, and evaluation related to marine plastic debris pollution. The law enforcement in marine plastic debris pollution is known as the legal system, which comprises the substance of the law, facilities, society and culture, and the officers enforcing the law. The effectiveness of law enforcement refers to the ideal combination of these aforementioned elements.
{"title":"LEGAL ISSUES ON INDONESIAN MARINE PLASTIC DEBRIS POLLUTION","authors":"Zhen Jing, Sutikno","doi":"10.15742/ILREV.V10N1.592","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.592","url":null,"abstract":"Various problems related to marine plastic debris pollution have yet to be resolved. Therefore, the definition, categorization, origin, and degradation of marine plastic debris must be thoroughly investigated to gain a comprehensive understanding of the related issues. The presence of marine plastic debris has significant implications on marine environments, including ecological, biodiversity, health, and economic impacts. Marine plastic debris originates from both landand ocean-based sources, and there have been efforts to prevent or reduce its introduction and accumulation in the marine environment. In Indonesia, such a problem must be solved through the implementation of more effective, efficient, and specific regulations, especially because it is the second-largest contributor of plastic debris in the marine environments throughout the world. In order to reduce 70% of such debris by 2025, the Government of Indonesia established the National Coordination Team of Marine Debris Management, which is tasked to draft policies and carry out coordination, control, and evaluation related to marine plastic debris pollution. The law enforcement in marine plastic debris pollution is known as the legal system, which comprises the substance of the law, facilities, society and culture, and the officers enforcing the law. The effectiveness of law enforcement refers to the ideal combination of these aforementioned elements.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41655997","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}
Pub Date : 2020-04-30DOI: 10.15742/ILREV.V10N1.596
Khalid Mehmood Shad, S. Ling, M. Karim
Electrical and electronic equipment waste (E-waste/WEEE) is a current global concern because of the increasing volume and improper treatment of e-waste. Generally, e-waste can be defined as discarded components of electrical and electronic equipment that have no reuse value. The improper disposal of e-waste can bring about catastrophic effects to mankind and the environment. The Basel Convention in 1992 categorizes e-waste as hazardous waste due to the presence of toxic materials. Currently, the production of e-waste is expanding at a considerable rate and is expected to reach 52.2 million tons globally by 2021. Singapore, Malaysia, and Indonesia are three neighboring countries that are facing the issue of e-waste management. The shortage of appropriate recovery and recycling facilities for formal e-waste treatment in the aforementioned three counties may lead to informal e-waste treatment or unsafe landfill, which cause harmful and hazardous effects to human lives and nature. This review provides a comprehensive overview of e-waste management from the perspective of Singapore, Malaysia, and Indonesia. Inadequate governmental policies, lack of e-waste laws, lack of public awareness, and lack of management strategies have caused various social and environmental issues. This work concludes with recommendations for the three countries to restrict the free flow of e-waste by establishing robust e-waste laws and improving the e-waste management system.
{"title":"COMPARATIVE STUDY ON E-WASTE MANAGEMENT AND THE ROLE OF THE BASEL CONVENTION IN MALAYSIA, SINGAPORE, AND INDONESIA: A WAY FORWARD","authors":"Khalid Mehmood Shad, S. Ling, M. Karim","doi":"10.15742/ILREV.V10N1.596","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.596","url":null,"abstract":"Electrical and electronic equipment waste (E-waste/WEEE) is a current global concern because of the increasing volume and improper treatment of e-waste. Generally, e-waste can be defined as discarded components of electrical and electronic equipment that have no reuse value. The improper disposal of e-waste can bring about catastrophic effects to mankind and the environment. The Basel Convention in 1992 categorizes e-waste as hazardous waste due to the presence of toxic materials. Currently, the production of e-waste is expanding at a considerable rate and is expected to reach 52.2 million tons globally by 2021. Singapore, Malaysia, and Indonesia are three neighboring countries that are facing the issue of e-waste management. The shortage of appropriate recovery and recycling facilities for formal e-waste treatment in the aforementioned three counties may lead to informal e-waste treatment or unsafe landfill, which cause harmful and hazardous effects to human lives and nature. This review provides a comprehensive overview of e-waste management from the perspective of Singapore, Malaysia, and Indonesia. Inadequate governmental policies, lack of e-waste laws, lack of public awareness, and lack of management strategies have caused various social and environmental issues. This work concludes with recommendations for the three countries to restrict the free flow of e-waste by establishing robust e-waste laws and improving the e-waste management system.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45120404","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}
Pub Date : 2020-04-30DOI: 10.15742/ILREV.V10N1.615
J. Leonard, Prita Amalia, A. Chandrawulan
Investment includes tangible and intangible assets. Intangible assets are often connected with intellectual property which leads to intangible results. The lack of “visibility” in intangible assets makes them difficult to measure. Current international regulations have not also explicitly provided room for enforcement regarding intellectual property rights in terms of foreign investment. Therefore, an emergence of cases is observed in investment disputes within the field of intellectual property rights through the Investor–State Dispute Settlement (ISDS) mechanism. In this research, we discuss cases of foreign investment disputes in such a field. From these cases, we find the factors that determine the occurrence of foreign investment disputes in the field of intellectual property rights. The ISDS mechanism can be used to resolve foreign investment disputes in the field of intellectual property. Furthermore, this research discusses the perspective of Indonesian law regarding foreign investment disputes in the mentioned field by using the ISDS mechanism. Qualitative methods and secondary data analysis are also used. The research aims to discover and identify foreign investment disputes in the field of intellectual property rights.
{"title":"INDONESIAN PERSPECTIVE ON THE INVESTOR–STATE DISPUTE SETTLEMENT MECHANISM FOR FOREIGN INVESTMENT DISPUTE SETTLEMENT IN THE FIELD OF INTELLECTUAL PROPERTY RIGHTS","authors":"J. Leonard, Prita Amalia, A. Chandrawulan","doi":"10.15742/ILREV.V10N1.615","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.615","url":null,"abstract":"Investment includes tangible and intangible assets. Intangible assets are often connected with intellectual property which leads to intangible results. The lack of “visibility” in intangible assets makes them difficult to measure. Current international regulations have not also explicitly provided room for enforcement regarding intellectual property rights in terms of foreign investment. Therefore, an emergence of cases is observed in investment disputes within the field of intellectual property rights through the Investor–State Dispute Settlement (ISDS) mechanism. In this research, we discuss cases of foreign investment disputes in such a field. From these cases, we find the factors that determine the occurrence of foreign investment disputes in the field of intellectual property rights. The ISDS mechanism can be used to resolve foreign investment disputes in the field of intellectual property. Furthermore, this research discusses the perspective of Indonesian law regarding foreign investment disputes in the mentioned field by using the ISDS mechanism. Qualitative methods and secondary data analysis are also used. The research aims to discover and identify foreign investment disputes in the field of intellectual property rights.","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47215143","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}
Pub Date : 2020-04-01DOI: 10.15742/ILREV.V10N1.628
A. R. Darmawan
{"title":"Maritime Security and Indonesia: Cooperation, Interests and Strategies","authors":"A. R. Darmawan","doi":"10.15742/ILREV.V10N1.628","DOIUrl":"https://doi.org/10.15742/ILREV.V10N1.628","url":null,"abstract":"","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":"10 1","pages":"111-112"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46732218","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}
Pub Date : 2020-01-01DOI: 10.15742/ILREV.V10N2.654
Heru Susetyo
{"title":"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","doi":"10.15742/ILREV.V10N2.654","DOIUrl":"https://doi.org/10.15742/ILREV.V10N2.654","url":null,"abstract":"","PeriodicalId":13484,"journal":{"name":"Indonesia Law Review","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67345039","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}
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