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Indonesia Law Review
SINTA 1Scopus
ISSN 2088-8430 · Universitas Indonesia · 161 artikel di indeks
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Artikel Jurnal
EMERGING BALINESE FRANCHISED CITY HOTELS IN LEGAL CONTEXTS: TOWARD MODEL PROVISIONS OF LOCAL GOVERNMENT REGULATION AND A SELF-REGULATION FRAMEWORK
The existence of traditionally managed Balinese city hotels is increasingly threatened by the presence of chain hotels, which are internationally managed with an excellent standard of hotel hospitality. In a commercial context, franchised hotels benefit the franchisor, franchisee, and consumers in…
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Artikel Jurnal
REFUGEES RESETTLEMENT: A REVIEW OF INDONESIAN LAWS AND PRACTICES
This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to…
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Artikel Jurnal
INTERNATIONAL AND DOMESTIC LAW ASPECTS OF CROSS-BORDER INSOLVENCY IN ORDER TO ESTABLISHING CROSS-BORDER INSOLVENCY REGULATION IN ASEAN: INDONESIAN PERSPECTIVE
Abstract The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the…
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Artikel Jurnal
LEGAL ISSUES SURROUNDINGS AIRLINE ALLIANCES AND CODE-SHARE ARRANGEMENTS: INSIGHTS FOR THE INDONESIAN AND ASEAN AIRLINE INDUSTRY
Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share…
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Artikel Jurnal
PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES
This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international…
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Artikel Jurnal
MEDIATION FOR INDONESIAN TAX DISPUTES: IS IT POTENTIAL ALTERNATIVE STRATEGY FOR RESOLVING INDONESIAN TAX DISPUTES?
Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has…
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Artikel Jurnal
THE RIGHT OF EARLY ACCESS TO CRIMINAL LEGAL AID IN INDONESIA: CLEAR RULE, CLEARER VIOLATIONS
This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia…
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Artikel Jurnal
REFORMING INDONESIAN RAPE LAW: ADOPTING U.S. RAPE SHIELD LAW IN EXCLUDING PREJUDICIAL EVIDENCE
Rape is a complicated crime in term of law enforcement. It is usually occurred by someone who has close relationship or connection to the victim. The availability of evidence is also limited. Unfortunately, sexual violence victim often does not receive proper handling from law enforcement. In…
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Artikel Jurnal
THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA
Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed…
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Artikel Jurnal
IMPROVING THE ROLE OF EXPERTS UNDER INDONESIAN CRIMINAL PROCEDURE LAW: LESSONS LEARNED FROM THE DUTCH LEGAL SYSTEM
This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on…
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Artikel Jurnal
DUALISM OF JUDICIAL REVIEW IN INDONESIA: PROBLEMS AND SOLUTIONS
Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs…
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Artikel Jurnal
LEGAL DUALISM AND INCONSISTENCY REGARDING INMATES’S RIGHTS: A REVIEW TOWARD IMPLEMENTATION OF GOVERNMENT REGULATION NUMBER 99 OF 2012
In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for The Implementation of the Rights of Inmates and has been amended lastly by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates…
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Artikel Jurnal
LEGAL STATUS OF INDIVIDUAL BANKRUPT DEBTORS AFTER TERMINATION OF BANKRUPTCY AND REHABILITATION UNDER INDONESIAN BANKRUPTCY LAW
The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure (sita umum) of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid…
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Artikel Jurnal
IS CONDITIONALLY CONSTITUTIONAL DOCTRINE CONSTITUTIONAL?
Under the Conditionally Constitutional Doctrine, the Indonesian Constitutional Court may declare that a provision of a statute is constitutional if it is read in a way described by the Constitutional Court. In practice, this doctrine allows the Constitutional Court to create new legal norms that…
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Artikel Jurnal
LEGAL DILEMMAS IN RELEASING INDONESIA'S POLITICAL PRISONERS
In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up…
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Artikel Jurnal
INDONESIA'S ENERGY SECURITY: ARE WE SECURING IT RIGHT? LESSON LEARNED FROM THE EU
Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the…
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Artikel Jurnal
INTERPRETING THE INDONESIAN CONSTITUTIONAL COURT APPROACH IN CONDUCTING JUDICIAL REVIEW ON CASES RELATED TO ECONOMIC AND SOCIAL RIGHTS
One of the duties of the Indonesian Constitutional Court (Mahkamah Konstitusi - MK) is to determine whether legislation is consistent with the Constitution. If the MK determines that a statute is inconsistent with the Constitution, it declares that such statute is invalid. In such instance, the MK…