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INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of international law in Indonesia and in the region. We welcome scholars and practitioners to contribute to IJIL in shaping the rule-based international community. IJIL offers current academic debates on the development of the field from the viewpoints of/or about Indonesia and other parts of Asia and the developing world at large. Each issue of IJIL accepts manuscripts on conceptual, theoretical, and practical topics published on a thematic basis. IJIL invites writers to their views that would strengthen the role and effectiveness of international law in an exploratory and non-descriptive style.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 20, No. 4" : 7 Documents clear
Natuna Waters: Explaining a Flashpoint between Indonesia and China Agusman, Damos Dumoli
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Abstract The Natuna waters have recently been a flashpoint between China and Indonesia as a result of China's vague claim of a nine dash line (9DL). It has caused a number of incidents and standoffs between legal enforcement agencies of both countries and sparked a diplomatic row. This article explores how the ambiguous claim of a historic right/9DL was gradually introduced by China and then coercively applied in the Natuna waters. It also attempts to identify what China actually claims in the waters. It will then examine how Indonesia under the Jokowi administration responds to the claims, and elaborate what measures Indonesia has taken and will continue to take in order to protect its maritime interests against China’s 9DL claim. It concludes that Indonesia regards China’s illegal claim as a matter of principle and thus takes an uncompromising stand.
The Investor – State Contract Making Case for Renegotiation of the Original Contract Bordoloi, Animesh Anand
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Most Investor-State projects involve significant capital investment, while recognizing the existence of acute risk factors. After making such investments, investors expect fiscal, regulatory, and political conditions to remain stable or favorable throughout the project's duration. However, due to the long-term nature of agreements, there have historically been significant disputes over differences in expectations versus reality. States may rapidly evolve their economies and interests, sometimes pushing for new deals seen as fairer to investors with changing circumstances. Stabilization clauses have traditionally been used by investors to protect their interests, but over time, such measures have weakened as they are perceived as a threat to the State's sovereignty. As an alternative, renegotiation is being considered as a more mutually inclusive process. This article explores the significance of renegotiation, its evolution, and the issues that need addressing for it to be an acceptable solution for all stakeholders.
Impact of The Enforcement of ASEAN Economic Community on Policy and Strategy of Sea Transportation Development in Indonesia Aflah, Aflah; Purba, Hasim; Suhaidi, Suhaidi; Siregar, Mahmul
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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This study aimed to determine the impact of the ASEAN Economic Community (AEC) on the national shipping industry highly imbalanced with relevant business policies. The AEC agreement is also expected to positively affect the shipping industry while controlling domestic and competing in international activities. In this study, a normative method was used, with the collection of data carried out through literature studies. The Maritime Vision of Indonesia, which is the Policy Direction and Strategy for The Development of Marine Transportation, was also implemented to motivate the country toward becoming the World Maritime Axis. This emphasized becoming a developed, sovereign, independent, and strong maritime country, which was able to positively contribute to regional and global security and peace, according to national interests. Furthermore, the Marine Policy of Indonesia was prepared regarding the Development Vision of the country, as stated in Law Number 17 of 2007 concerning the National Long-Term Development Plan 2005-2025 and Law Number 32 of 2014 emphasizing Marine Affairs. The results showed that the implementation of ASSM (ASEAN Shipping Single Market) impacted the national shipping industry, due to increasingly open competition. Based on the AEC era, Indonesia should be internally and externally ready, for the effective and efficient prioritization of shipping transportation activities. The country should also be ready to compete nationally and internationally, specifically in sea transportation, as one of the important components of the national shipping sector.
Dumping Practices and Competition as Double-edged Sword: Indonesia Practices Sukarmi, Sukarmi; Susanto, Fransiska Ayulistya
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Dumping practices are typically related to business competition, namely predatory pricing. The issue under consideration is how the practice of dumping is viewed through the perspectives of business competition law and international trade law, as well as how the Indonesian Commission for the Supervision of Business Competition (KPPU) handles this issue. This article examines and analyzes the relationship between dumping behavior and business competition, as well as the authority with which institutions will handle predatory pricing caused by dumping behavior. The results of the analysis show that dumping is a violation of international trade law under the World Trade Organization (WTO). If the Indonesian Anti-Dumping Committee (KADI) discovers dumping practices, the party will be subject to sanctions in the form of Anti-Dumping Import Duty (BMAD). Aside from that, selling below market prices or carrying out predatory pricing will hinder fair competition from the perspective of competition law. Dumping practices benefit consumers in the short term but harm consumers and similar competing industries in the long term. If the aim is to eliminate competitors, of course, this is unhealthy competition and falls under the supervision and authority of KPPU to enforce the law. This article only focusses on the when the dumping practices can become the predatory pricing on competition law perspective and who will handle the case.
Victim Protection and The Dynamic Situation of Human Trafficking: Indonesia Experience Naibaho, Nathalina
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Human trafficking is a global issue. It can arise in the context of national and/or transnational acts and are regulated by national and transnational criminal law mechanisms. However, in trafficking in person cases there are links between human trafficking and other related crimes such as drugs trafficking. Meanwhile, Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, subject to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the conviction of human trafficked victims who are used as drug dealers in organized crime activities. The drugs offenders will sentence under the criminal law if the act of the offender fit with the element of crime under narcotic law. This paper will examine the intersections between victimology and Indonesian laws which the recent cases before Indonesian courts have demonstrated that enacted laws are not being applied properly which allows for the protection of trafficked victims forced into the drug trafficking. Dynamic situation that has been the highlight is a principle which is contained within Indonesian legislation, and which reflects the emerging norm of non-prosecution of victims in international legal discourse. This article suggests a new approach to statutory interpretation with the need for effective mechanisms that, if adopted, will enable Indonesia to lead a new approach to victim protection.
Safeguarding Sovereignty: Indonesia's Solution to the Raw Materials Case in WTO Zaki, Muhammad Reza Syariffudin; Armanto, Muhammad Haykal; Albar, Rafsi Azzam Hibatullah; Koos, Stefan
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw Materials. Although the Indonesian government has lost the case against the European Union, the Indonesian government is adamant on proceeding with this measure to further develop the downstream industry of raw minerals in Indonesia. Since then, Indonesia has filed the appeal for the panel report of the DS592 case and shows no sign of stopping the nationwide export ban on raw minerals, with bauxite, copper, and tin on the horizon. Therefore, the invocation of Article XXI GATT could be used as a strategy to avoid scrutiny from the international community, by invoking a national security exception to implement measures inconsistent to the principles of the WTO. Thus, the Indonesian government is able to protect and secure their nation’s fundamental principal as a sovereign nation with control over its raw materials.
Policy Formulation for Managing Ship-generated Plastic Waste via Improved Port Reception Facility Governance Kurniaty, Rika; Widagdo, Setyo; Rachmawati Madjid, Yasniar; Reyhan Al Kharji, Rafly; Imanda Putri, Arsella
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Plastic is a significant portion of marine debris, ranging from 60% to 80%. Historically, ships have been a major contributor to plastic pollution in the ocean, followed by Indonesia, which is acknowledged as the second-largest originator. Global efforts to combat marine pollution, including plastic waste, have been undertaken through international agreements like MARPOL Annex V. This agreement has mandated countries to establish suitable port facilities for ship-generated wastes. However, an assessment of Indonesian ports indicated insufficient compliance with environmental management standards, particularly in waste handling. The current direct fee policy for waste disposal may disincentivize proper waste disposal by ship operators. This research examined and analyzed standards for adequate port waste reception facilities and explored the potential of implementing an indirect fee policy to promote responsible waste disposal. The research also provided recommendations for enhancing plastic waste management in accordance with international treaties ratified by the Indonesian government. The result showed that although existing national legal instruments indirectly address plastic waste concerns, specific regulations and updates are needed. Furthermore, the introduction of indirect fee policies for waste disposal at ports, coupled with stronger law enforcement, can incentivize proper waste management practices. These policies offered a promising strategy to address the challenges posed by plastic waste and contribute to sustainable environmental practices. By adopting these policies, countries were able to take a proactive approach to mitigating plastic pollution and protecting marine ecosystems.

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