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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 572 Documents
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Intercountry Adoption in Indonesia Allagan, Tiurma M. P.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia regulates the Intercountry Adoption in its national law and regulation. Besides the Intercountry Adoption, it also regulates the adoptions which have foreign elements, yet excluded from the Intercountry Adoption pursuant to the national law. This writing shall What the requirements are and how the process is of those adoptions are the main topic of this writing, as well as the appliance of Principle of Nationality in those regulations. The research method of this writing is normative research to the prevailing rules and regulations includes the Indonesian district courts decisions which randomly taken. The result of this writing to opine the harmony or give advice, if any, upon the regulations of the intercountry adoptions and adoptions which contain foreign elements towards the Bill of Indonesian Private International Law.
Nature Knows No Borders: International Law and Environmental Measures in Resolving Maritime Boundary Disputes Siswandi, Achmad Gusman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Maritime boundary delimitation has always been a challenging issue at least for three reasons. Firstly, it has to take into account the expansion of territorial sovereignty and sovereign rights at sea, notably since the adoption of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Secondly, it does not only involve legal aspects but also technical ones, and not every state has adequate resources to deal with technical matters. Thirdly, it is politically sensitive at times given the strategic role of oceans in national defense and security. Thus, it is not surprising that many maritime boundary disputes have taken a very long time to resolve or even remain unresolved until present, such as the overlapping claims in the South China Sea (SCS). This article argues that maritime boundary disputes should not jeopardize the marine environment in disputed areas, especially where environmental protection and preservation are critically needed. Furthermore, environmental measures could play a significant role in resolving maritime boundary disputes, since they could encourage the states involved to cooperate in managing the marine environment, a field that is less politically sensitive compared to the question of sovereignty. As far as the SCS is concerned, experts have warned that this area has been severely degrading, especially the coral reefs, and may lead to ecocide. In this context, this article will discuss international instruments related to environmental measures that should be considered in the SCS disputes and the role that the Association of Southeast Asian Nations (ASEAN) could play.
Moving Maritime Boundaries: Changes in Coastal Land Sovereignty, River Courses, Sea Levels, and Maritime Delimitation Law Tzeng, Peter
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In February 2009, the International Court of Justice rendered a judgment delimiting a maritime area of the Black Sea between Romania and Ukraine. The very next month, Indonesia and Singapore concluded a treaty delimiting their maritime boundary in the western part of the Strait of Singapore. Although these two delimitations occurred by different means (adjudication and negotiation), years later, they raise the same question: can a subsequent event move a maritime boundary? As a matter of lex lata, the answer is probably “no”. As a matter of lex ferenda, however, this Article questions whether the law governing land boundaries should also apply to maritime boundaries in light of key differences between land and maritime boundaries.
Island for Sale: Is it Legal? Priambodo, Bono Budi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

For more than ten years already, Indonesian public discourse has been set ablaze by the rumours of Indonesian small islands being sold to foreigners, inviting emotional and, thus, superficial reactions from general public and public authorities alike. This article seeks to offer a conceptual framework to discuss this issue in a more cool-headed manner, thus finding a solution to it. It can be concluded that the problems of small islands are best discussed in the context of coastal areas and small islands (CSI) management, which is the implementation of the Marine Economy policy in order to realize the Archipelagic Outlook. “Island trade,” therefore, is possible under Indonesian law, but more than just transfer of land rights or giving permit to utilize. Instead, it must take into account sustainability, bio-ecoregional as well as participatory considerations.
The Responsibilities Between Providing Archipelagic Sea Lanes Passage and Protecting Marine Environment: A Case in Republic of Indonesia Lestari, Maria Maya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

State responsibility in international law is only charged to an independent state. Such responsibility can be created due to the rules of international law regarding the state responsibility and numerous important agreement signatories. Part XII of LOSC 1982 clearly states that “States have the obligation to protect and preserve the marine environment”. On the other hand, agreement might cause the issue of state responsibility, such as archipelagic sea-lanes in Indonesia. The obvious issue has raised serious problem, for instance, overlapping responsibility handled by the government of Indonesia under its implementation. On one side, Indonesia must preserve the marine environment by setting the marine protected areas (MPA). At the same time, Indonesia must ensure the existence of archipelagic sea lanes (ASLs), including its legality for international shipping. This make Indonesia face a dilemma, since its territorial seas also lies withincoral triangle. The recent solution undertaken by the government is prioritizing the existence of ASLs amongst with the rights of cross voyage, taking into account that ASLshave been set out prior to MPAs as well as the recognition of the sovereignty of archipelagic state created at the same time with the obligation of guaranteeing the right of crossing the ASLs. Thus, a plan for designating environmental protection area withASLs, the assignment should not interfere with it. Therefore, to accommodate both interests, The Indonesian government must immediately deliver to the International Maritime Organization (IMO) regarding the condition of marine environment in which ASLP is closely confronted with MPAs to regulate special arrangements when the ships cross the area
Indonesian Maritime Law Enforcement: Progress and Problems Abraham, Andre
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia as maritime country may face difficulties in law enforcement at sea. The broad variety of problems and challenges can be found on Indonesia waters, included coastal area and the sea itself. Indonesia has been involved on making maritime law since UNCLOS 1982, with archipelagic state concept that gave significant implication to the law of the sea. Times change, the problem that occurred at sea could be different. Maritime law enforcement would be challenged to be adaptable for the new problems and how Indonesia develop its maritime law to face new challenges.
Challenges for Indonesia in Case of Liberalization of Trade in Services in The ASEAN Economic Community Magdariza, Magdariza
Indonesian Journal of International Law
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Abstract

Cooperation among ASEAN countries formed since 1967 through Bangkok Declaration. In development, ASEAN agreed to establish ASEAN Community in 2020. This relationship was upgraded within the ASEAN Summit in Singapore in 2007 which agreed on the ASEAN Charter to strengthen the position and legal status of ASEAN in realizing the cooperation among ASEAN countries, and as a guide in ASEAN Community formation, the Blueprint is prepared. One of the pillars of ASEAN Community is the establishment of ASEAN Economic Community, which talk about liberalization of trade in services. The implementation of the trade liberalization in ASEAN will increasing and provide convenience and also increased intra-ASEAN market access as well increasing transparency and speeding up the adjustment of regulations and standardization of domestic. Indonesia already ratified ASEAN Charter with Law No. 8 of 2008. Therefore, Indonesia is obliged to implement the provisions of ASEAN Charter. Treaty on liberalization of trade in sevices has been initiated in ASEAN Framework Agreement (AFAS) in 1995 and Indonesia also ratified by Presidential Decree No. 88 in 1995. Law No. 7/2014 on Trade, also regulates the trade in services as Indonesia’s commitment within the ASEAN Economic Community. The liberalization of trade in services within ASEAN framework is a challenge for Indonesia to prepare human resources or skilled menpower with competence to compete with menpower from other ASEAN countries. This situation can also be used as an opportunity for Indonesia to prepare and compete with other ASEAN members but on the other hand they can be vast potential market for ASEAN countries.
Urgency of Boundary Maritime Management: Strategies to Prevent Conflicts Wattimena, Josina Augustina Yvonne
Indonesian Journal of International Law
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Abstract

The boundary of maritime between countries is a very important issue for coastal States as well as archipelagic countries such as Indonesia. Indonesia is adjacent to the sea with ten neighboring countries. Until now, Indonesia has not completely resolved the sea border issues with neighboring countries. This is due to the determination of the sea boundary is not easy, very closely with various considerations such as; Political, legal, strategic, historical, economic, environmental, geographical, geological and geomorphological. With the enactment of the 1982 Sea Law Convention as a new constitution for the regulation of the law of the sea, consequently Indonesian as an archipelago country undergoes many changes that directly or indirectly affect the determination of the territorial sea border, exclusive economic zone as well as the continental shelf with neighboring countries. However, the establishment of Indonesia›s maritime boundaries with neighboring countries should be speeded up in its settlement. The basis of the argument is that the frequent border conflicts do not seem to be very potential to threaten the principle of good neighborly life as it is acknowledged in international law. Therefore, government functions can be maximized through integrated marine management. The integration of the management undertaken will clarify and reinforce the certainty and jurisdiction of Indonesia. Given this certainty and jurisdiction it is of great advantage to dimentially access and manage biodiversity sources of marine biological phenomenon. This becomes an effective means of affirming the sovereignty and sovereign rights and legitimacy of the State.
The Legal Protection For Applying Islamic Contract Law In Banking Regulation In Indonesia And Turkey Dewi, Gemala
Indonesian Journal of International Law
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Abstract

This article discusses about the extent of readiness of the government regulation to meet the need of Islamic investment in the field of banking in Indonesia and Turkey, especially how legal protection to the banks and the customers in implementing sharia investment in both countries. This article is based on normative legal research, descriptive comparative through analysis the literature and regulatory provisions in force in the two countries. It is concluded that both Indonesia and Turkey have an arrangements of legislation and procedures in which guarantees the legal protection for every parties to apply islamic contract law through its secular legislation system. Depending on the customers would need to seek an appropriate mechanism in sharia based on freedom of contract. The difference is that in the legal systems being used also has differences, in which Indonesia has such a specific sources of law in which regulating the syariah principles. On the other hand Turkey does not.
The Legality of Intervention for Protection of National Abroad In Order To Solve Piracy and Hostage (A Study of Law Concerning the Possible Use of Armed Force to Release Hostages Detained by Abu Sayyaf Armed Group) Syofyan, Syofirman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Until now hijacking or taking crew as hostage including the people who have Indonesian nationality has been repeatedly done by a group of suspected Abu Sayyaf rebel group. The use of non-violent efforts as negotiations have been conducted. There were failure and it resulted in the execution of the hostages. But some of them were successful to release the hostages allegedly after approving the fulfillment of the demands of the hostage-takers i.e. paying the ransom. However this did not stop the subsequent hostage-taking incident. This is clearly an injury for the country of origin of the crew or people who are taken hostage. When the non-violent efforts failed to stop acts of piracy and hostage then the use of force is logically expected to be used for such purposes. Yet international law prohibits this intervention as contrary to Article 2 para 4 of the UN Charter and does not meet the criteria of Article 51 of the UN Charter. Despite that this intervention can still be legalized if they meet the concept of R to P which can be adjusted or modified with this intervention and it is accepted by the people of ASEAN. Besides that these interventions also fulfill the qualification of necessity and proportionality.

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