cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Arie Afriansyah
Contact Email
ijil@ui.ac.id
Phone
+6278880075
Journal Mail Official
ijil@ui.ac.id
Editorial Address
Universitas Indonesia Kampus Depok, Jl. Prof. Mr Djokosoetono, Pondok Cina, Beji, Depok, Jawa Barat 16424
Location
Kota depok,
Jawa barat
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 572 Documents
 8   9   10   11   12 
The Singapore Transboundary Haze Pollution Bill in the context of ASEAN regionalism and cooperation Varkkey, Helena
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.906 KB)

Abstract

The Southeast Asian region has experienced transboundary haze on an almost annual basis for decades. ASEAN has been the platform for regional cooperation and collaboration for regional haze mitigation since 1985. ASEAN’s main legally-binding instrument for this purpose is the 2012 Agreement on Transboundary Haze Pollution (ATHP). Despite this, haze episodes continue to persist until present times. This paper analyses recent legal developments related to transboundary haze management among the three main affected countries; Indonesia, Malaysia and Singapore. Particularly, it examines Singapore’s Transboundary Haze Pollution Act, an extra-territorial act that extends criminal and civil liability to anyone causing or contributing to haze in Singapore. It also analyses Indonesia’s ratification of the ATHP, which followed soon after Singapore unilaterally passed their Act. Finally, it considers Malaysia’s indecisiveness in deciding its next legal move in the face of these developments among its neighbours. The ASEAN Way, a set of behavioural or procedural norms that govern regional engagement, prescribes nonlegalistic procedures and non-interference of sovereign rights, among others. This paper uses the framework of the “myth” of the ASEAN Way, popularly argued by Nischalke in 2000, to explain the changing positions of the associated states towards legal recourse related to transboundary haze. It argues that ASEAN member states can choose whether or not to adhere to the ASEAN Way in order to preserve crucial economic interests, without suffering any consequences. Hence, shifting national interests among these three states over time can likewise explain shifting attitudes and compliance towards certain ASEAN Way norms.
State Border Management Cooperation and the Fulfillment of Economic Rights of Border Communities of West Kalimantan-Sarawak Bangun, Budi Hermawan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (530.466 KB)

Abstract

One of state’s border management cooperation between West Kalimantan and Sarawak is done through socio-economic cooperation, which has the goals to improve the border community’s prosperity. Although people in the border have a socio-cultural similarities, there are differences in the level of welfare because infirmity of state presence in fulfilling their economic rights. This condition causes the border communities have tendency to depend on neighboring countries and maintain transnational economic relations, even though they have to breaking the national law. These facts show that in essence, the bilateral cooperation agreement between Indonesia and Malaysia has not provided optimal fulfillment of the economic rights of border communities of West Kalimantan with Sarawak.
Non-Tariff Measure under WTO Laws: Case Study on the Application of Local Content Requirement for 4G LTE Devices in Indonesia Dewi, Yetty Komalasari; Koentjoro, Talissa
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (963.635 KB)

Abstract

Under the WTO laws, countries are allowed to protect their national industry by imposing tariffs as well as non-tariff measures (NTM). While the WTO is committed to reduce tariff, it does not have uniform treatment towards NTMs. One type of NTM that becomes the disputed subject of several WTO cases is Local Content Requirement (LCR) because while it can help national industry, it is seen as discriminatory towards imported products. This work discusses whether the application of the Tingkat Komponen Dalam Negeri (TKDN) or LCR provisions for 4G LTE communication devices in Indonesia is in conformity with WTO laws. By analyzing relevant WTO agreements and rulings, this work will demonstrate that Indonesia’s LCR provisions in 4G LTE sector may not be in conformity with the GATT and TRIMS but at the same time it does not violate the GATS, ASCM, and GPA because such LCR provisions do not fall under those three agreements. In light of those, this writing suggests that the government of Indonesia bring the LCR provisions in 4G LTE sector into conformity with WTO laws by revoking the provisions mandating the need to use local over imported products to avoid potential claims from other WTO members.
The Role of Boundaries and Borders in Ocean Governance: Reflections on Three Promising Transborder Ocean Governance Models Telesetsky, Anastasia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (585.692 KB)

Abstract

State’s border and boundary have important role to definite state jurisdiction, included maritime borders and boundaries. State jurisdiction on the ocean will impact to economic value that can be earned by the state and political activity. This article explains what governance can do to maximize maritime utilization and maintain marine ecosystem by strengthen international cooperation without spoiling national’s jurisdiction among the states. This article suggests that a group of States have acknowledged that adequate ecosystem management, particularly in a changing climate, requires imaginative thinking about how to work flexibly across delineated political boundaries.
The Archipelagic Status Reconsidered in light of the South China Sea and Düzgit Integrity Awards Miron, Alina
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1011.944 KB)

Abstract

The archipelagic regime, one of the novel aspects of UNCLOS, is a quartum genris, combining characteristics of internal waters, territorial sea and straits used for international navigation. The present article assesses the relevant UNCLOS provisions, by themselves, and in light of the South China Sea and Düzgit Integrity awards. The former clarifies the conditions under which a State may draw archipelagic baselines, the second postulates that, beyond various obligations expressly provided for in the Convention, the archipelagic State must exercise its sovereignty respecting the principle of reasonabless and proportionality. It remains to be seen if these decisions correctly assess the state of the law and if their progressive development dimension will ripen into consensual interpretation of Part IV UNCLOS.
Civil Reserve Component as an Alternative for Strengthening Border Security in Indonesia Ayuni, Qurrata
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (660.849 KB)

Abstract

Indonesia as the world’s largest archipelagic state has 90 outer islands with 67 islands bordering to the neighboring countries. Through this frontier, it is found number of problems that arise such as the smuggling of goods and people, drug trafficking, terrorism, small arms smuggling and occupation of territory by neighbouring countries. Not all these problems can be handled by the government and Indonesia National Army (Tentara Nasional Indonesia or TNI). Therefore the idea for the establishment of civil reserve components through basic military training to increase border community defence of Indonesian sovereignty needs to be considered. Through the civil reserve component, the community will be given training to strengthen Pancasila values while preparing the community to be responsive to the various border issues. Using a juridical normative study, this paper will discuss the benefits and challenges of border security through the strengthening of the civil reserve component using national law and international law perspectives
Society Security Vulnerability In Indonesia-Malaysia Border, Sajingan Besar District, Sambas Regency Ningtias, Kartika; Sudagung, Adityo Darmawan; Darajati, Muhammad Rafi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1123.123 KB)

Abstract

This research is intended to examine the means of Indonesia in addressing the vulnerability of the societal security in the Indonesia-Malaysia border area at Sajingan Besar District, Sambas Regency. Transnational activities in the Indonesia-Malaysia border area, especially at Sajingan Besar District, Sambas Regency, had an impact on national security. The existence of Indonesian society was threatened because of the very intense transnational activities with the Malaysian people on the border area. State as an actor in international relations has the obligation to secure its territory and inhabitants. The method used in this research was qualitative research method with case study technique. Data were collected by conducting interviews and conducting secondary data tracking, either from books, journals, or internet sources. The study was conducted by analyzing the societal security and national security approach. The means of Indonesia in 2014-2016 to address the vulnerability in Sajingan Besar District area include several issues, such as mentioned “border area” in Nawacita, increasing presidential visits to the border area, development and improvement of infrastructure, and improvement of public policy. The means that had been done shows the increased attention and real action from the government of Indonesia towards their border area
Illegal Indonesian Migrant Workers in the Netherlands: A Reflection on Illegal Chinese Migrant Workers In Indonesia (A Comparative Study) Soraya, Yasmine
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1215.393 KB)

Abstract

The issue of illegal migrant workers is not a new phenomenon in developed countries, such as European countries, known as destination countries for migrants to seek better life. In the Netherlands, in particular, we find a big number of Indonesian migrants who stay and work without proper documents. These workers exist since the 18th century up to nowadays, especially since the establishment of the European Union (EU) which opens up European countries’ internal borders, specifically known as the ‘schengen countries’. They come mostly to European countries such as France and Germany as a tourist and thereafter go to the Netherlands to stay and work illegally. For developing countries such as Indonesia, the issue of illegal migrant workers is not really common. The existence of Chinese Illegal migrant workers has become a great issue in Indonesia at the end of the year 2016. Unlike the Indonesian workers in the Netherlands, the Chinese workers are invited by the company to come and work in Indonesia ‘temporarily.’ because of a contract between Chinese investors and the Indonesia government to transfer their knowledge and technology to the locals. A problem comes when these Chinese migrant workers stay even after their visa is expired and keep working in Indonesia. This paper will describe the background that drive migrants to stay and work illegally in another country and compare the law on migrant/ foreign workers and immigration law in EU, in particular in the Netherlands as well as the free movement regulation and its impact.
State Border vs Culture: International Legal Examination Awaluddin, Hamid
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (308.396 KB)

Abstract

This essay examines whether or not foreign cultural practices in one particular country, can be considered as an infringement of state border. Legal arguments, is certainly not sufficient to explore this issue. Various reasons to be employed in order to reach the conclusion; cultural practices are not incompatible with the principle of state sovereignty. Cultural practices cannot be limited in certain or fixed space. Culture always follows who advocates and practices it. Globalization makes culture no more bound to geographical area, race and religion.
Unilateral Hydrocarbon Activities in Undelimited Maritime Areas: The Only Certainty is Legal Uncertainty? Ermolina, Natalia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (684.473 KB)

Abstract

While the number of established maritime boundaries steadily increases, there are many situations where delimitation disputes between neighboring States remains unsettled. In the latter situations, States may face the existence of a hydrocarbon deposit that is located in an area where their maritime claims overlap. The presence of such a deposit inevitably creates a range of intricate legal (and political) issues. One of the issues is related to the question of whether States can unilaterally authorize hydrocarbon activities with respect to this deposit and, if so, what type of conduct is allowed in undelimited maritime areas. This article seeks to find an answer to the mentioned question.

Page 10 of 58 | Total Record : 572

 8   9   10   11   12 

Filter by Year

2003 2025


Reset
Filter By Issues
All Issue Vol. 20, No. 4 Vol. 20, No. 1 Vol. 19, No. 3 Vol. 19, No. 1 Vol. 18, No. 1