Muhammad Putra Iqbal
Syiah Kuala University

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LEGAL PAPERS AND THE PRACTICE OF PROTECTING THE INTERNATIONAL PEACE MISSION PERSONNEL IN INDONESIA Iqbal, Muhammad Putra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Helsinki Memorandum of Understanding (MoU) signed in 2005 and facilitated by Finland former President Martii Ahtisaari with support from the European Union has brought peace to Aceh after 30 years armed conflict between the Government of Indonesia and the Free Aceh Movement. The EU involves both in short and long term monitoring programs. During the mission in Aceh, several serious incidents involving the use of light weapons and directed toward the EU peace mission were recorded. Indonesian domestic law acknowledges the protection must be delivered to the internationally protected person based on Vienna Convention 1961 on Diplomatic Protection and other related conventions. Would the ratification of Vienna Convention satisfy the protection for the EU peace mission? An Act on Foreign Relation enacted as legal basis for international relation including with the EU and its missions argue would be able to answer the question. On the other side, EU enacted Protocol on the Privileges and Immunities of the European Union (the Protocol) to secure its mission overseas. The protocol is a specific legal instrument within the EU legal regime that was enacted to fulfill the needs of an international legal instrument on EU’s legal personality particularly the privileges and immunities aspects. The Protocol answers a main concern on legal relation between a State and EU mission including EU peace missions. However, as a non-member State and as a matter of law, Indonesia does not ratify the Protocol consequently Indonesia does not bind with the Protocol. The Indonesia Act on Foreign Relation is considered very basic for the current condition. Consequently, different interpretation between related State organs occurred. As a result, ineffective protection for the protected person such mandated by the international law remain measured. This condition does not suppose to happen since although remain debatable, an international cooperation, an influential external power nowadays is playing very important role including in a peace process. Moreover, as Indonesia is strengthening its position within the international community, some improvements crucial to be supported.
PREVENTING RETALIATION IN TRADE BY HARMONIZING THE MEASURES Iqbal, Muhammad Putra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show its compliance with international standard, or in case it has other standard that considered better than international standard China obliges to proof it's scientifically better and accepted. This paper argues that harmonization as a core principle found in the SPS Agreement should be considered by all states in enacting their national regulation on food safety.