Sriwijaya Law Review
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In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia
Full text linkSharia economic law in Indonesia has been revitalised through legal unification and codification to improve national economic development. In this context, the Sharia economy has become a guideline in every transaction. Therefore, people must understand the Islamic economic concept to create maslahah (goodness) in every aspect of life. Sharia economic law is not a new system, as it has been implemented since the era of the Prophet. However, there is a need for adjustment in the implementation of the Sharia economic law from time to time to enable it responding the current development. This study employs qualitative inquiry, using library research to analyse Sharia economic law's history and legal development. Legal documents used include state laws and regulations, the regulations of the Bank of Indonesia, the fatwa of DSN-MUI, and others. This paper argues that the revitalisation of the Sharia economic law in Indonesia is in line with the efforts made by the predominantly Muslim population to conserve and develop the system. This includes non-legalised and legalised implementation of the Sharia economic system, such as Sharia banking. Furthermore, the system does not contradict the value of Pancasila and the 1945 Constitution’s pillars of the Unitary State of the Republic of Indonesia. Sharia economic law, prioritising moral and religious principles, has proven to create maslahah and become a solution to the economic crisis. This was shown by the survival of Sharia banks during the 1998 economic crisis, maintaining the Sharia-standardised contract to create justice in society
Does International Law Acknowledge Restorative Justice?
Full text linkGlobal criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity
Indonesian Cryptocurrencies Legislative Readiness: Lessons from the United States
Full text linkCryptocurrencies can facilitate cross-border global transfers easily and pseudonymously. It can be converted into fiat currencies, making it suitable for money laundering crimes. This study compared legal regulations in the United States that analysed the readiness of regulations and Indonesia's legal loopholes in responding to the development of the cryptocurrency business. As a result, cryptocurrency in Indonesia is susceptible to being used as a money-laundering tool due to the novelty of the technology, the anonymity it provides its users, and the immaturity of the regulations governing it. Therefore, it is necessary to create a cryptocurrency that can follow the “Travel Rule†and collect and share information about the people who send and receive cryptocurrency, like in the US. The study also argues that passive detection is used to detect the identity of cryptocurrency users through a centralised service. However, several cryptocurrency developers have responded to the increase in pseudonymity tracking methods by developing cryptocurrencies with greater secrecy change
Single Shareholder Company in Africa, America and Australia: A Comparative Analysis
Full text linkSingle 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
Sustainable Infrastructure Legal Policy in Indonesia: A National Strategic Project Approach for National Development
Full text linkInfrastructure 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
A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices
No full textThe Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation
Cyber Notary as A Mean of Indonesian Economic Law Development
Full text linkThis 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
The Rationalization of Debt Discharge Policy for Individual Debtors in Indonesian Bankruptcy Regime
Full text linkThe Indonesian bankruptcy regime tends to be harsh to the debtors, especially the individual debtors. In contrast, the creditors possess the right to pursue the debtor’s outstanding debts even after the bankruptcy process. For that reason, this article aims to argue why it is rational for the Indonesian government to implement a debt discharge policy in the Indonesian bankruptcy regime. This article employs a normative research method, using a conceptual and comparative approach. The result of this study is based on the debtor cooperation theory and the humanitarian theory of debt discharge. Hence, it is rational for the Indonesian government to implement a debt discharge policy for individual debtors. The first and second Sila of Pancasila is also in line with these theories. Consequently, as a member of society, the individual debtor should be treated with dignity and humane values, which includes debt forgiveness. Nevertheless, not every debtor is deserves to be discharged from his debts. Therefore, it is rational for the Indonesian government to implement the debt discharge policy in the amendment of Indonesian bankruptcy law to protect the honest but unfortunate individual debtors
Law Enforcement Against Unreported Fishing: What Does Beyond the Catch Record?
Full text linkTransparency is significant in highly migratory fisheries. The reliability of the catch data is essential for decisions of internationally agreed targets. Nevertheless, the data accuracy will much depend on each state's performance. Focusing on unreported catches of migratory fish, this study highlights the Thunnus Macoyyi (Southern Bluefin Tuna) fishing in Indonesia, as this fish species had experienced for being the limelight of unreported fishing allegations. The main objective is to reveal what are the difficulties that Indonesia is facing on its responsibility to maintain the accuracy of the catch record. Accordingly, the study examines two points by applying the pure legal method and doctrinal approach. Firstly, the international legal framework towards unreported fishing by analysing three main instruments such as the UNCLOS 1982, the UNFSA 1995, and the CCSBT policies. Secondly, it examines Indonesia law enforcement as a State party of regional fisheries organisation. It argues that the international authority could not be completely extended to a State's domestic fishing area. Thus, it gives more discretion to the national law to enforce compliance. Lesson learned from the case study of Indonesia's southern bluefin tuna contributes to unreported fishing literature and allows us to expose the legal gap remained in managing highly migratory fish stocks
Freedom of Religion and Gender Equality in Sustainable Development Agenda
Full text linkThe implementation of Sustainable Development Goals (SDGs) often lacks in human rights perspective, although the goals themselves were created based on the human rights principles. However, further studies in development and international human rights law show that it is essential to highlight that particular relationship. As a member of the international community, states have an extraterritorial obligation to assist one another in developing and fulfilling the human rights of their people. Particularly in the field of freedom of religion or belief and gender equality, which creates a domino effect on other women's rights such as access to justice and education. Although SDG 2030 has expressed its commitment to respect, protect, and promote fundamental freedoms, including one's religion, and to achieve gender equality, the antagonistic construction between those two issues possibly harm the women’s rights movement and does not adhere to the “no one left behind†principle. The lack of recognition between those issues would be damaging and could be deemed a failure to achieve the sustainable development goals. This research was conducted through a qualitative legal analysis by analysing relevant literary sources to understand the hidden link between freedom of religion or belief and gender equality within the sustainable development agenda. Clarity of these complex elements can be beneficial in creating a tool in advocating for women’s rights, especially for those who belong to religious and belief minorities