Pub Date : 2023-01-26DOI: 10.28946/slrev.vol7.iss1.1018.pp19-46
I. Satriawan, Tareq Muhammad Aziz Elven, Tanto Lailam
In recent years, there has been an increase in the use of harsh censorship in several parts of the globe, notably Africa and Asia. In some cases, the shutdown may be justified, but in other cases, it is driven by the political interest of the regime. The research evaluates the Internet shutdowns in the post-2019 presidential election in Indonesia and during the social unrest in Papua Island. Using normative legal research, which uses statute, case, and comparative approach concludes that although Internet shutdowns in some situations are tolerable, their usage should be less frequent and more restricted. These explanations must be examined using legality, legitimacy, and proportionality principles to limit official arguments for Internet shutdowns because they infringe on human rights. However, since no enforcement mechanism exists, this is only a formality. The Indonesian government's decision to block Internet access to social media platforms during the 2019 presidential election riots and Papua social unrest is not an appropriate response because the decision violates the principles of declaration, proportionality, necessity, and legality, which must be respected even in an emergency situation. Furthermore, the ruling infringed on the civil rights to information controlled by Article 19 of the ICCPR as adopted by Law Number 12 of 2005. It also harmed several industries, including digital-based commerce. The research proffers alternative Internet policy choices for the government in response to the political escalation and social unrest.
{"title":"Internet Shutdown in Indonesia: An Appropriate Response or A Threat to Human Rights?","authors":"I. Satriawan, Tareq Muhammad Aziz Elven, Tanto Lailam","doi":"10.28946/slrev.vol7.iss1.1018.pp19-46","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1018.pp19-46","url":null,"abstract":"In recent years, there has been an increase in the use of harsh censorship in several parts of the globe, notably Africa and Asia. In some cases, the shutdown may be justified, but in other cases, it is driven by the political interest of the regime. The research evaluates the Internet shutdowns in the post-2019 presidential election in Indonesia and during the social unrest in Papua Island. Using normative legal research, which uses statute, case, and comparative approach concludes that although Internet shutdowns in some situations are tolerable, their usage should be less frequent and more restricted. These explanations must be examined using legality, legitimacy, and proportionality principles to limit official arguments for Internet shutdowns because they infringe on human rights. However, since no enforcement mechanism exists, this is only a formality. The Indonesian government's decision to block Internet access to social media platforms during the 2019 presidential election riots and Papua social unrest is not an appropriate response because the decision violates the principles of declaration, proportionality, necessity, and legality, which must be respected even in an emergency situation. Furthermore, the ruling infringed on the civil rights to information controlled by Article 19 of the ICCPR as adopted by Law Number 12 of 2005. It also harmed several industries, including digital-based commerce. The research proffers alternative Internet policy choices for the government in response to the political escalation and social unrest.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86466638","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 : 2023-01-26DOI: 10.28946/slrev.vol7.iss1.2142.pp47-61
Salah Mohammed Almasabi, Hasai Mohd Ali, Hazlina Shaik MD Noor Alam
Single Person Companies (SPCs), known as One-Person Companies (OPCs), are a revolutionary concept and a new invention in the field of international company law. This study aims to investigate the meaning of OPC and how it is used in three different continents, namely Africa, America, and Australia, focusing on legal entity, OPC incorporation process, minimum share capital, nominee appointment, and OPC conversion. The researchers used the doctrinal data collection method to study relevant journals, articles, books, papers, and internet sources. When choosing the sample States, the researchers use the Gross Domestic Products (GDPs) as a methodological yardstick. According to the findings, only a natural person may form an OPC in some jurisdictions, such as Caledonia and New Zealand. The ability of both natural and legal persons to incorporate OPC has been made explicit in nations including South Africa, Nigeria, Algeria, and Argentina. The outcome further illustrates that in nations like the USA and Caledonia, only citizens of such nations or individuals who are residents of New Zealand are eligible to incorporate OPC. The minimum share capital for creating an OPC should be reasonable to enable the lower class to establish OPC and fully control the business.
{"title":"Single Shareholder Company in Africa, America and Australia: A Comparative Analysis","authors":"Salah Mohammed Almasabi, Hasai Mohd Ali, Hazlina Shaik MD Noor Alam","doi":"10.28946/slrev.vol7.iss1.2142.pp47-61","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.2142.pp47-61","url":null,"abstract":"Single Person Companies (SPCs), known as One-Person Companies (OPCs), are a revolutionary concept and a new invention in the field of international company law. This study aims to investigate the meaning of OPC and how it is used in three different continents, namely Africa, America, and Australia, focusing on legal entity, OPC incorporation process, minimum share capital, nominee appointment, and OPC conversion. The researchers used the doctrinal data collection method to study relevant journals, articles, books, papers, and internet sources. When choosing the sample States, the researchers use the Gross Domestic Products (GDPs) as a methodological yardstick. According to the findings, only a natural person may form an OPC in some jurisdictions, such as Caledonia and New Zealand. The ability of both natural and legal persons to incorporate OPC has been made explicit in nations including South Africa, Nigeria, Algeria, and Argentina. The outcome further illustrates that in nations like the USA and Caledonia, only citizens of such nations or individuals who are residents of New Zealand are eligible to incorporate OPC. The minimum share capital for creating an OPC should be reasonable to enable the lower class to establish OPC and fully control the business.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74730124","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 : 2023-01-26DOI: 10.28946/slrev.vol7.iss1.1108.pp1-18
M. Priyanta, Cut Sabina Anasya Zulkarnain
Infrastructure development is the top priority of the Indonesian government. The development of transportation network infrastructure is expected to support the growth of national and international economies by connecting regions and opening public and commodity access. The new integrated growth cities were developed to reduce the burden of Jakarta as the central government and economic national centre. Legal aspects become one of the main issues in realising government politics in developing infrastructure. The national strategic project approach became a mechanism to connect a new development centre, such as the Metropolitan Bandung Area, through infrastructure development. However, its implementation requires a legal and regulatory basis with various technical, social, and economic considerations, including anticipating its environmental impact. This research paper aims to give an academic review of the problem of infrastructure development in Indonesia. The normative legal approach is based on the law's theory, concepts, and principles by considering the technical aspects to develop alternative solutions to provide legal certainty in developing infrastructure in Indonesia. The rules for spatial planning are a key issue in developing infrastructure related to random locations and land acquisition. This conflict becomes a major obstacle in developing new primate cities in Indonesia.
{"title":"Sustainable Infrastructure Legal Policy in Indonesia: A National Strategic Project Approach for National Development","authors":"M. Priyanta, Cut Sabina Anasya Zulkarnain","doi":"10.28946/slrev.vol7.iss1.1108.pp1-18","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1108.pp1-18","url":null,"abstract":"Infrastructure development is the top priority of the Indonesian government. The development of transportation network infrastructure is expected to support the growth of national and international economies by connecting regions and opening public and commodity access. The new integrated growth cities were developed to reduce the burden of Jakarta as the central government and economic national centre. Legal aspects become one of the main issues in realising government politics in developing infrastructure. The national strategic project approach became a mechanism to connect a new development centre, such as the Metropolitan Bandung Area, through infrastructure development. However, its implementation requires a legal and regulatory basis with various technical, social, and economic considerations, including anticipating its environmental impact. This research paper aims to give an academic review of the problem of infrastructure development in Indonesia. The normative legal approach is based on the law's theory, concepts, and principles by considering the technical aspects to develop alternative solutions to provide legal certainty in developing infrastructure in Indonesia. The rules for spatial planning are a key issue in developing infrastructure related to random locations and land acquisition. This conflict becomes a major obstacle in developing new primate cities in Indonesia.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"69 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72789449","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 : 2023-01-26DOI: 10.28946/slrev.vol7.iss1.1972.pp62-72
Ikhsan Lubis, Tarsisius Murwadji, S. Sunarmi, Detania Sukarja
This paper tries to show how Indonesian economic law has evolved via the emergence of the cyber notary idea. Notaries engage in various everyday tasks and activities in the fantastic world development, such as giving the clients the finest service possible and impacting the economy. According to the law, notaries are required to be able to help and support anyone who requires genuine written documentation of legal situations, events, or activities. This study employs qualitative approaches and descriptive analysis. Additionally, researchers are interested in the phenomenon that examines the idea of a cyber notary as a way to advance Indonesian commercial law. Qualitative research aims to conduct extremely thorough investigations that examine the research's findings in great detail. Both primary data and secondary data are employed as sources of information. The findings demonstrate that cyber notary adds value to electronic documents by legalising them, for example, in addition to digitising notarial operations. However, because many aspects need to be ready, its implementation will take some time. Article 1868 of the Indonesian Civil Code stipulates that a genuine deed is a deed in a certain form that has been prescribed by law and is made before a public authority.
{"title":"Cyber Notary as A Mean of Indonesian Economic Law Development","authors":"Ikhsan Lubis, Tarsisius Murwadji, S. Sunarmi, Detania Sukarja","doi":"10.28946/slrev.vol7.iss1.1972.pp62-72","DOIUrl":"https://doi.org/10.28946/slrev.vol7.iss1.1972.pp62-72","url":null,"abstract":"This paper tries to show how Indonesian economic law has evolved via the emergence of the cyber notary idea. Notaries engage in various everyday tasks and activities in the fantastic world development, such as giving the clients the finest service possible and impacting the economy. According to the law, notaries are required to be able to help and support anyone who requires genuine written documentation of legal situations, events, or activities. This study employs qualitative approaches and descriptive analysis. Additionally, researchers are interested in the phenomenon that examines the idea of a cyber notary as a way to advance Indonesian commercial law. Qualitative research aims to conduct extremely thorough investigations that examine the research's findings in great detail. Both primary data and secondary data are employed as sources of information. The findings demonstrate that cyber notary adds value to electronic documents by legalising them, for example, in addition to digitising notarial operations. However, because many aspects need to be ready, its implementation will take some time. Article 1868 of the Indonesian Civil Code stipulates that a genuine deed is a deed in a certain form that has been prescribed by law and is made before a public authority.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76372343","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 : 2022-07-31DOI: 10.28946/slrev.vol6.iss2.1239.pp336-349
Martin Roestamy, Adi Rahmanur Ibnu
Legal provisions regarding alcoholic beverages are a complex issue in Indonesia. Therefore, this relates to several aspects, ranging from health or adverse and destructive impacts, halal and haram, to investment-related economic factors. However, to date, no law in Indonesia explicitly regulates alcoholic beverages. The formation of the existing Bill on Alcoholic Drinks must consider all aspects, whether social, cultural, economic, political, or religious. In addition, drafting the Alcoholic Drinks Bill must involve all elements of society comprehensively. This article aims to conduct a legal analysis of the legal policy of regulating alcoholic beverages in Indonesia. The analysis is carried out on the applicable positive law (ius constitutum) and legal policies to regulate alcoholic beverages in the future (ius constituendum). The Normative Legal Research Method is used to analyse the legal system of alcoholic beverages in Indonesia, which shows the uncertainty of management, control, and supervision. This impacts the conflict of interest between investment and the moral life of the Indonesian people. As a result, this study recommends that lawmakers reform the alcoholic beverage law in Indonesia by paying attention to Pancasila as the basis of the nation's philosophy. For this reason, integrated regulation and supervision of alcoholic beverages are needed, and law is urgently needed to unify the overlapping and diverse regulations regarding alcoholic beverages.
{"title":"The Romanticism of Alcoholic Beverage Regulation in Indonesia: Evidence of Legal Uncertainty?","authors":"Martin Roestamy, Adi Rahmanur Ibnu","doi":"10.28946/slrev.vol6.iss2.1239.pp336-349","DOIUrl":"https://doi.org/10.28946/slrev.vol6.iss2.1239.pp336-349","url":null,"abstract":"Legal provisions regarding alcoholic beverages are a complex issue in Indonesia. Therefore, this relates to several aspects, ranging from health or adverse and destructive impacts, halal and haram, to investment-related economic factors. However, to date, no law in Indonesia explicitly regulates alcoholic beverages. The formation of the existing Bill on Alcoholic Drinks must consider all aspects, whether social, cultural, economic, political, or religious. In addition, drafting the Alcoholic Drinks Bill must involve all elements of society comprehensively. This article aims to conduct a legal analysis of the legal policy of regulating alcoholic beverages in Indonesia. The analysis is carried out on the applicable positive law (ius constitutum) and legal policies to regulate alcoholic beverages in the future (ius constituendum). The Normative Legal Research Method is used to analyse the legal system of alcoholic beverages in Indonesia, which shows the uncertainty of management, control, and supervision. This impacts the conflict of interest between investment and the moral life of the Indonesian people. As a result, this study recommends that lawmakers reform the alcoholic beverage law in Indonesia by paying attention to Pancasila as the basis of the nation's philosophy. For this reason, integrated regulation and supervision of alcoholic beverages are needed, and law is urgently needed to unify the overlapping and diverse regulations regarding alcoholic beverages.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74766123","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 : 2022-07-31DOI: 10.28946/slrev.vol6.iss2.869.pp319-335
K. S. Hasan, Taroman Pasyah
Food is the most important basic human need, and its fulfilment is part of the human rights of every Indonesian people. Food must always be available in a sufficient, safe, quality, nutritious, varied manner at a price that is affordable by people's purchasing power and is halal given the religion and beliefs of the community, especially Muslims. The awareness of Muslim consumers in Indonesia regarding halal products continues to increase. However, there are interesting facts about the current pattern of fast food and beverages consumption due to technological advances in today's digital economy. This article examines the challenges of the Indonesian halal industry in the digital economy era. The method used in this study is a juridical or normative approach, such as an approach to legislation and literature relevant to the halal industry. As a result, the law on halal product guarantees emphasises that the challenge for the Indonesian halal industry in this digital economy era is the obligation of halal certification for all food and beverage products. Unfortunately, the regulation is not serious enough to be enforced by the government because it is not supported by the ease and low cost of making a halal certification, coupled with a lack of public awareness. So the halal industry in the form of fast food and beverages in Indonesia, especially in today's digital economy, is still difficult to obtain. Thus, to obtain a halal food and beverage industry in this digital economy era, the alternative is that there must be a special institution that issues and supervises halal certification of food and beverage products that will circulate in the community and synergise with the government.
{"title":"Challenges of Indonesian Halal Industry in the Digital Economic Era","authors":"K. S. Hasan, Taroman Pasyah","doi":"10.28946/slrev.vol6.iss2.869.pp319-335","DOIUrl":"https://doi.org/10.28946/slrev.vol6.iss2.869.pp319-335","url":null,"abstract":"Food is the most important basic human need, and its fulfilment is part of the human rights of every Indonesian people. Food must always be available in a sufficient, safe, quality, nutritious, varied manner at a price that is affordable by people's purchasing power and is halal given the religion and beliefs of the community, especially Muslims. The awareness of Muslim consumers in Indonesia regarding halal products continues to increase. However, there are interesting facts about the current pattern of fast food and beverages consumption due to technological advances in today's digital economy. This article examines the challenges of the Indonesian halal industry in the digital economy era. The method used in this study is a juridical or normative approach, such as an approach to legislation and literature relevant to the halal industry. As a result, the law on halal product guarantees emphasises that the challenge for the Indonesian halal industry in this digital economy era is the obligation of halal certification for all food and beverage products. Unfortunately, the regulation is not serious enough to be enforced by the government because it is not supported by the ease and low cost of making a halal certification, coupled with a lack of public awareness. So the halal industry in the form of fast food and beverages in Indonesia, especially in today's digital economy, is still difficult to obtain. Thus, to obtain a halal food and beverage industry in this digital economy era, the alternative is that there must be a special institution that issues and supervises halal certification of food and beverage products that will circulate in the community and synergise with the government.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"914 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80731932","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 : 2022-07-31DOI: 10.28946/slrev.vol6.iss2.1869.pp367-381
Febrian Febrian
Indonesia's constitutional system has a clear separation between the judiciary, the legislature and the executive. Likewise, its functions have clear boundaries regulated in the legislation. However, in practice, there is an institution that has two institutional responsibilities simultaneously, namely the Regional People's Representative Council (DPRD) secretariat. Legally, the DPRD secretariat led by the DPRD secretary has responsibilities to the executive, in this case, the governor or regent on the one hand and the DPRD leadership as a legislative body on the other. This generally occurs in Indonesia, where the DPRD secretariat institutional system is regulated through regulations issued by the executive. This study uses a statute approach with a normative juridical method that examines legal products related to the secretariat of the DPRD in Indonesia. As a result, it is believed that the DPRD secretariat institutional system, which is regulated through executive products, violates the higher regulation. Therefore, a fundamental change to the executive legal product is crucial to maintaining the DPRD secretariat's impartiality in carrying out its duties and authorities.
{"title":"The Standing of the Regional People's Representative Council Secretariat in Indonesia","authors":"Febrian Febrian","doi":"10.28946/slrev.vol6.iss2.1869.pp367-381","DOIUrl":"https://doi.org/10.28946/slrev.vol6.iss2.1869.pp367-381","url":null,"abstract":"Indonesia's constitutional system has a clear separation between the judiciary, the legislature and the executive. Likewise, its functions have clear boundaries regulated in the legislation. However, in practice, there is an institution that has two institutional responsibilities simultaneously, namely the Regional People's Representative Council (DPRD) secretariat. Legally, the DPRD secretariat led by the DPRD secretary has responsibilities to the executive, in this case, the governor or regent on the one hand and the DPRD leadership as a legislative body on the other. This generally occurs in Indonesia, where the DPRD secretariat institutional system is regulated through regulations issued by the executive. This study uses a statute approach with a normative juridical method that examines legal products related to the secretariat of the DPRD in Indonesia. As a result, it is believed that the DPRD secretariat institutional system, which is regulated through executive products, violates the higher regulation. Therefore, a fundamental change to the executive legal product is crucial to maintaining the DPRD secretariat's impartiality in carrying out its duties and authorities.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83309646","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 : 2022-07-31DOI: 10.28946/slrev.vol6.iss2.1516.pp350-366
Ken Bagus Setya Dharma, Aktieva Tri Tjitrawati
In 1984 the People's Republic of China (PRC) and the United Kingdom (UK) signed an international agreement to hand over Hong Kong to the PRC on the condition that it be granted a high level of autonomy, except in the field of defence and cooperation with foreign powers. In 2020, PRC Government issued the 2020 Hong Kong Security Law, which contains restrictions on political rights for the people of Hong Kong. This provision will automatically lead to discourse in international law, whether the HKSL 2020 is a manifestation of the implementation of PRC's legal sovereignty or violates the Sino-British Joint Declaration 1984 as a treaty which contains requirements for the transfer of Hong Kong. This article is intended to examine these problems using a normative, historical and conceptual approach. As a result, even though PRC has sovereignty to implement its national law in the territory, the authority must be placed within the limits of compliance with international law. Non-compliance with international treaties will lead to consequences of internationally wrongful acts as a breach of the treaty.
{"title":"Hong Kong Security Law 2020: Between State Sovereignty and Breach of Treaty","authors":"Ken Bagus Setya Dharma, Aktieva Tri Tjitrawati","doi":"10.28946/slrev.vol6.iss2.1516.pp350-366","DOIUrl":"https://doi.org/10.28946/slrev.vol6.iss2.1516.pp350-366","url":null,"abstract":"In 1984 the People's Republic of China (PRC) and the United Kingdom (UK) signed an international agreement to hand over Hong Kong to the PRC on the condition that it be granted a high level of autonomy, except in the field of defence and cooperation with foreign powers. In 2020, PRC Government issued the 2020 Hong Kong Security Law, which contains restrictions on political rights for the people of Hong Kong. This provision will automatically lead to discourse in international law, whether the HKSL 2020 is a manifestation of the implementation of PRC's legal sovereignty or violates the Sino-British Joint Declaration 1984 as a treaty which contains requirements for the transfer of Hong Kong. This article is intended to examine these problems using a normative, historical and conceptual approach. As a result, even though PRC has sovereignty to implement its national law in the territory, the authority must be placed within the limits of compliance with international law. Non-compliance with international treaties will lead to consequences of internationally wrongful acts as a breach of the treaty.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82562173","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 : 2022-07-30DOI: 10.28946/slrev.vol6.iss2.403.pp304-318
S. Kridasakti, M. Fadli, A. Madjid, Chanif Nurcholis
The institutional regulation of the Indonesian village government from the Dutch colonial era (1906) until the Reform Era has practically shown controversy of pros and cons. Through correct regulation, the village should be able to prosper. However, the applied regulation as a tool of social engineering during the inter-period has failed to bring the village to prosper. The legal gaps are whether the applied state-corporatism norms on Indonesia village regulation have met the principles of good local governance. This study aims to provide corrections to the heresy of legal construction of the village regulations. This legal method of study was a nomological type with a statute approach. The technical analysis used was content analysis. The results showed that the legality of the village government status, which is state-corporatism containing in norms of the provision of Number 1, Number 2, Number 7, Article 6 paragraph (1), Article 6 paragraph (1) of the Law 6/2014 is not synchronous vertically to the 1945 Constitution. The results of the legitimacy study also revealed that Articles 12, 19, 19 (b)(c)(d), 69 of Law 6/2014 concerning the Authority and Changes of the Status of Urban Villages (Gesellschaft) into Common-Village (gemeinschaft) implies horizontal disharmony to the Law 30/2014 concerning Government Administration. Therefore Law 6/2014 needs to be revoked and replaced with an organic law derived from Articles 18, 18A and 18B of the 1945 Indonesia Constitution.
{"title":"Chronic Disease of State Corporatism in Indonesian Village Government","authors":"S. Kridasakti, M. Fadli, A. Madjid, Chanif Nurcholis","doi":"10.28946/slrev.vol6.iss2.403.pp304-318","DOIUrl":"https://doi.org/10.28946/slrev.vol6.iss2.403.pp304-318","url":null,"abstract":"The institutional regulation of the Indonesian village government from the Dutch colonial era (1906) until the Reform Era has practically shown controversy of pros and cons. Through correct regulation, the village should be able to prosper. However, the applied regulation as a tool of social engineering during the inter-period has failed to bring the village to prosper. The legal gaps are whether the applied state-corporatism norms on Indonesia village regulation have met the principles of good local governance. This study aims to provide corrections to the heresy of legal construction of the village regulations. This legal method of study was a nomological type with a statute approach. The technical analysis used was content analysis. The results showed that the legality of the village government status, which is state-corporatism containing in norms of the provision of Number 1, Number 2, Number 7, Article 6 paragraph (1), Article 6 paragraph (1) of the Law 6/2014 is not synchronous vertically to the 1945 Constitution. The results of the legitimacy study also revealed that Articles 12, 19, 19 (b)(c)(d), 69 of Law 6/2014 concerning the Authority and Changes of the Status of Urban Villages (Gesellschaft) into Common-Village (gemeinschaft) implies horizontal disharmony to the Law 30/2014 concerning Government Administration. Therefore Law 6/2014 needs to be revoked and replaced with an organic law derived from Articles 18, 18A and 18B of the 1945 Indonesia Constitution.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77917081","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 : 2022-07-30DOI: 10.28946/slrev.vol6.iss2.1359.pp254-267
Cita Yustisia Serfiyani, Ari Purwadi, Ardhiwinda Kusumaputra
The existence of indigenous peoples as entities was born before the independence of the Republic of Indonesia. However, it is still disturbed by criminalisation by law enforcement officials for legal actions of indigenous peoples on their Adat lands whose Adat rights were transferred to other parties. Various regulations related to indigenous peoples already exist, and the Bill on Indigenous Peoples is not satisfying in preventing cases of criminalisation against indigenous peoples. It is because there is no adjustment in several crucial aspects, such as the nature of the recognition of indigenous people, protection of Adat lands and the application of criminal sanctions to achieve legal harmonisation in preventing the criminalisation of indigenous peoples. Synchronisation has not yet been realised between the substance of the legal rules related to indigenous peoples at the national level and the draft Bill on Indigenous Peoples with regional technical regulations at the sectoral level.This research uses statute and conceptual approaches to analyse legal norms, legal concepts, and legal principles related to indigenous people in Indonesia. As a result, it is believed that the protection of indigenous people's existence should be provided through a declarative system, not a constitutive system. It is also necessary to eliminate criminal sanctions against indigenous peoples in some related legal products according to the characteristics of indigenous peoples to stop the criminalisation of indigenous peoples and expand legal assistance for indigenous peoples in the context of implementing the law.
{"title":"Declarative System in Preventing the Criminalisation of Indigenous People for Adat Rights Conflicts in Indonesia","authors":"Cita Yustisia Serfiyani, Ari Purwadi, Ardhiwinda Kusumaputra","doi":"10.28946/slrev.vol6.iss2.1359.pp254-267","DOIUrl":"https://doi.org/10.28946/slrev.vol6.iss2.1359.pp254-267","url":null,"abstract":"The existence of indigenous peoples as entities was born before the independence of the Republic of Indonesia. However, it is still disturbed by criminalisation by law enforcement officials for legal actions of indigenous peoples on their Adat lands whose Adat rights were transferred to other parties. Various regulations related to indigenous peoples already exist, and the Bill on Indigenous Peoples is not satisfying in preventing cases of criminalisation against indigenous peoples. It is because there is no adjustment in several crucial aspects, such as the nature of the recognition of indigenous people, protection of Adat lands and the application of criminal sanctions to achieve legal harmonisation in preventing the criminalisation of indigenous peoples. Synchronisation has not yet been realised between the substance of the legal rules related to indigenous peoples at the national level and the draft Bill on Indigenous Peoples with regional technical regulations at the sectoral level.This research uses statute and conceptual approaches to analyse legal norms, legal concepts, and legal principles related to indigenous people in Indonesia. As a result, it is believed that the protection of indigenous people's existence should be provided through a declarative system, not a constitutive system. It is also necessary to eliminate criminal sanctions against indigenous peoples in some related legal products according to the characteristics of indigenous peoples to stop the criminalisation of indigenous peoples and expand legal assistance for indigenous peoples in the context of implementing the law.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74037874","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：