Browsing Research Publications and Outputs by subject "1801 Law"
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Aceh and Islamic Criminal Law in the Courts
Published 2020In 2014, the Aceh provincial government enacted a Qanun Jinayat or Islamic Criminal Code. The Qanun came into force on 22 October 2015, one year later. The positions of Islam in the state and of Islamic law in the legal ...Open AccessAccepted manuscript -
Arbitration in Indonesia: Largely Dependable Recognition and Enforcement
Published 2020This chapter begins by outlining the key features of the 1999 Arbitration Law and its predecessors, before discussing early judicial resistance to the recognition and enforcement of arbitral awards. The chapter seeks to ...Open AccessBook chapter -
The Challenge of Proving Toxic Tort Causation: Genetic Markers as the Solution?
Published 2022Sara Golru, in this Special Edition on Causation, presents a comparative analysis of the role of genetic marker evidence in toxic tort cases throughout Australia and the United States. Sara identifies inconsistencies in ...Open AccessArticle -
Conflicts and Tentative Solutions to Protecting Personal Data in Investment Arbitration
Published 2021Abstract Personal data protection in investment arbitration is increasingly important as more and more countries enact mandatory personal data protection laws and the COVID-19 pandemic makes online hearings the new normal. ...Article -
The Constitutional Court and Minority Rights: Analysing the Recent Homosexual Sex and Indigenous Belief Cases
Published 2019This chapter focuses on two Constitutional Court cases handed down in late 2017 involving two other broad minority groups, upon whose interests the Constitutional Court had not previously adjudicated. These cases drew ...Open AccessBook chapter -
Indonesia's Anti-corruption Courts and the Persistence of Judicial Culture
Published 2019Indonesia has long been notorious for having very high levels of public sector corruption. Two key institutions were established after Soeharto: the Anti-corruption Courts (ACCs) and the Anti-corruption Commission (Komisi ...Open AccessBook chapter -
Indonesian Law
Published 2018Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, ...Book -
Pre-recorded expert evidence in intimate partner violence cases
Published 2020-09-24This article makes a case for pre-recorded, modularized expert evidence as a way to improve access to justice in some intimate partner violence (IPV) cases. Knowledge about the effects and dynamics of IPV regularly plays ...Open AccessPreprint -
Regulating the Use of Genetic Information in the Life Insurance Industry
Published 2020-01-01Sara Golru explores the Australian life insurance industry’s treatment of genetic information in the underwriting process. The Australian life insurance industry has struggled to keep up with scientific and international ...Open AccessArticle -
Religious Conservatism, Islamic Criminal Law and the Judiciary in Indonesia: A Tale of Three Courts
Published 2018This article discusses three Indonesian court cases decided in 2017 in which the interests of conservative Muslims were supported. In the first, the Constitutional Court was asked to expand the definition of various moral ...Open AccessArticle -
Remote Access Technologies, Clinical Evaluations of People-in-Prison and Digital Vulnerability
Published 2022Psychiatric and psychological clinical assessment reports are presented in Australian courts for a range of significant legal proceedings including sentencing; when the state seeks to extend detention or supervision orders ...Open AccessArticle -
The Rule of Law and Anti-Corruption Reforms under Yudhoyono: The Rise of the KPK and the Constitutional Court
Published 2015President Susilo Bambang Yudhoyono came to office at a pivotal time for rule-of-law and anti-corruption reforms in Indonesia. The two institutions at the forefront of these reforms were already established by the time he ...Open AccessBook chapter -
Submission for International Criminal Court Prosecutor's Policy on Gender-Based Persecution
Published 2022-06-08In December 2021, the Prosecutor of the International Criminal Court (ICC) announced a new policy initiative to advance accountability for the crime against humanity of persecution on the grounds of gender. The Prosecutor ...Open AccessOther -
What Makes a Good Judge? Perspectives from Indonesia
Published 2021In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal ...Open AccessArticle