Indonesian Journal of International Law
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.
Articles
572 Documents
<![CDATA[INTERNATIONAL COPYRIGHT TREATIES AND ITS IMPLEMENTATION UNDER INDONESIAN COPYRIGHT ACT; IS IT A BETTER ACCESS TO KNOWLEDGE? ]]>
<![CDATA[Barizah, Nurul]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The Indonesian Government has enacted a new Copyright Act in 2014 on the basis that Copyright protection plays a strategic role for economic development and people’s prosperity. This new Act provides a higher standard of protection and ensures more legal certainty to copyrights holders. It is not only expands the scope of protection, duration, but also provides better economic rights to the right holder. This Article analyses Indonesia’s obligation under international treaties and whether Indonesia takes full advantages of all the flexibilities available under those treaties to enhance access to knowledge particularly for educational materials. It also analyses substantial provisions of the new Copyright Act in the context of scope, duration, limitations, and its exceptions. This Article argues that strongest protection of copyright is far beyond what is required by the international copyright treaties which Indonesia has acceded to them. This Article also argues that all available limitations and exceptions provided by the treaties that would have opened up access to knowledge has not all incorporated into the new Act. Accordingly, this Act has a potential to inhibit access to knowledge.]]>
<![CDATA[SUSTAINABLE LIVELIHOOD AND SUSTAINABLE DEVELOPMENT: THE EXPERIENCE OF COLLECTIVE FARMING BY KUDUMBASHREE IN KERALAM, INDIA ]]>
<![CDATA[Kumaramkandath, Rajeev]]>;
<![CDATA[Verghese, Bindu P.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[One of the most alarming impacts of development experienced by Third world economies in the contemporary era of globalization is the fast depletion of agricultural land. This is especially so in countries in the Third world where the rapidly increasing population and unplanned growth of economies have decreased the size of croplands to highly threatened levels. There has also been a significant shift in the meaning of land in several of these locations to being an object that can be sold and bought like any other commodity. Looking at it from a wider perspective one can vividly see that all harmful impacts – ranging from shortage of food production to global warming – of development have basically arisen from the shifts in the meaning and uses of land. The context of Keralam in South India is not an exemption from these trends, where, in fact, they have more intense connotations due to the small size of its geography and the heavy density of population – high even by the standards of developing economies. The state, once known for high levels of social development, has switched its focus towards economic development from mid 1990s. This has resulted in a real estate boom in the state where there is a huge demand for land for the purposes of erecting shopping malls, residential complexes and so on. One dangerous outcome of this was that most of the land thus sold was fertile paddy fields, which play a central role in ground water conservation as well as in sustaining its rich biodiversity. The changing equations over land and its utility have considerably contributed to the changing ecological balances within the region. The need to reinvent sustainable forms of development specific to the conditions of the state was felt acutely amidst such transformations. There was a sudden demand to reinvent the productive capacity of land, especially paddy fields, in the state by both involving more people in this area as well as by resuming farming in land that otherwise remain fallow waiting for real estate agents. Kudumbasree was an organization that commenced its operations in the State in 1998 with the intention of engaging in women empowerment and poverty alleviation programmes. Its successful career has motivated its workers, basically housewives and women from different walks, to focus on non-traditional sectors in the state. As part of this, Kudumbashree started to intervene in the agriculture sector in 2002 with the objective of ensuring sustainable livelihood to poor families by bringing back fallow land to cultivation and women to agriculture. This was the context against which the idea of collective farming was introduced by the organisation. This not only ensured a new, albeit unconventional, and sustainable source of livelihood for women in the community but also has been considerably contributing to food and nutritional security of the state. This has literally revolutionized the development concepts in the society where women empowerment and livelihood programmes were combined to reinvent the idea of sustainability.]]>
<![CDATA[STUDY OF THE RIGHT OF FOREIGN SHIP AGAINST STATE SOVEREIGNTY (CASE STUDY INDONESIA) ]]>
<![CDATA[Lestari, Maria Maya]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Recognition of the archipelagic concept accommodated in chapter IV United Nations Conventions Law of The Sea (LOSC) 1982. The implication of this recognition is archipelagic states have sovereignty for their marine space. There are 3 zonation in sea sovereignty, that are inland water, territorial waters and archipelagic water. However, only in inland water that archipelagic states has full sovereignty such as on land, while another zone, it has followed by other states rights, One of which is right of passage. The right of another state passage is consisted by right of innocent passage, right of archipelagic sealine passage and there is also right of transit passage, which one all of that right of passage are depending on zones depending on the zone that is crossed. Talked about archipelagic sea-lanes passage (ASLP), Indonesia has to determine 3 archipelagic sea lanes passage and the consequence that all foreign ships should pass over that routes. For that reason, in this paper will discuss Indonesian sea sovereignty zone and right another state inside, along with implications for Indonesia after determination of archipelagic sealine passage.]]>
<![CDATA[THE LEGAL ANALYSIS OF “TEORI KEDAULATAN NUSANTARA” TOWARDS THE NEW CONCEPTION OF INDONESIA AIRSPACE SOVEREIGNTY ]]>
<![CDATA[Kusumaningrum, Adi]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Art. 1 Chicago Convention of 1944 confirms that every state has a complete and exclusive sovereignty over the airspace above its territory. This arrangement gives the highest role of state in controlling air transportation based on state sovereignty principles. The concept of airspace sovereignty faced challenges with the introduction of international air transportation liberalization through deregulation provisions. Such liberalization policy is later known as ‘open sky policy’. Such open sky policy includes the establishment of single market such as Single European Sky dan ASEAN Single Aviation Market. The liberalization led to a situation where sovereignty concept has been regarded from a different perspective. It is widely argued that the smooth operation of new forms of international cooperation requires a more flexible perception of sovereignty. This study wants to analyze the concept of Indonesia airspace sovereignty. A theory of Indonesia airspace sovereignty that ever born is the "Teori Kedaulatan Nusantara" by Priyatna Abdurrasyid in the 1970s. "Teori Kedaulatan Nusantara" based on two doctrines i.e. the doctrine of necessity and doctrine of right of self-preservation that is the core of military/security aspect. In the other hand, what has become clear in the last few decades is that the economic aspects of airspace sovereignty have dominated change. This paper argues that there is a continuing trend away from the absolute airspace sovereignty regime towards something less. It is submitted that preservation theory cannot be sustained in the Indonesia airspace sovereignty doctrine. This paper asserts that the new paradigm of international air transport drives Indonesia towards the release of some aspects of Indonesia’s airspace sovereignty doctrine.]]>
<![CDATA[THE ROLE OF THE COASTAL STATES TO THE PROTECTION OF MARINE ENVIRONMENT IN JOINT DEVELOPMENT AGREEMENT ]]>
<![CDATA[Wartini, Sri]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Maritime boundary disputes with neighboring states, especially in continental shelf driven by potentially large hydrocarbon deposits lying in overlapping continental shelf. Presently, there are many states remain in the hydrocarbon extraction and exploration in the form of joint development Agreement. The impacts of the joint development in conducting exploitation in the offshore which become the disputing continental shelf may potentially cause pollution or environmental damage in the adjacent area. The objective of the research is to evaluate whether the joint development Agreement in disputing continental shelfconcerns to the protection of the marine environment.The paper undertakes a critical examination of the issues relating to the role of coastal states to protect the marine environment in Joint Development Agreement.The paper is a normative research and the methodology employed in this paper is library research. While the approaches employed in the research are statutory approach, comparative approach and conceptual approach. The research finds that the protection of the marine environment in joint development agreement in the joint development zone needs has not carried out optimumly particularly in developing countries.]]>
<![CDATA[ARCHIPELAGIC STATE RESPONSIBILITY ON ARMED ROBBERY AT SEA ]]>
<![CDATA[Putri, Siti Noor Malia]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Recent hijackings to Indonesian ships on the southern waters of the Philippines have raised alarming concerns not only from the involving states but also other countries in the region. Such crimes at sea frequently occur in the area of the coastal states in this case archipelagic states such as Indonesia and the Philippines. This privilege as archipelagic states automatically extends their sovereignty and jurisdiction to enforce their national legislations. As a corollary, responsibility to ensure the security and capacity to protect and supervise territory should be carefully examined when looking at the current situations. This paper examines the responsibility of archipelagic states in the event of sea armed robbery within their jurisdiction.]]>
<![CDATA[JUDICIAL CONTROL OF FOREIGN ARBITRAL AWARDS IN INDONESIA ]]>
<![CDATA[Sitorus, Winner]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The enforcement of foreign arbitral awards has been recognized and accepted internationally through the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, the Convention also allows the court where the enforcement is sought to refuse the enforcement of an award. This kind of judicial control is very important. However, it should be conducted in accordance with the refusal grounds stipulated in the Convention. The refusal grounds are restrictive and should be interpreted narrowly. The use of other grounds other than and/or overly broad interpretation of the refusal grounds provided by the Convention will make it inefficient, which is from the outset the aim was to ease the recognition and enforcement of a foreign arbitral award in Contracting Parties of the Convention. This paper discusses the implementation of judicial control of foreign arbitral awards in Indonesia. It seeks to find out whether the judicial control of foreign arbitral awards in Indonesia has been in line with the requirements of the New York Convention. It finds that judicial control of foreign arbitral awards made by Indonesia's judiciary sometimes could be considered not in line with the requirements of the New York Convention.]]>
<![CDATA[SHIP ARREST IN INDONESIA AND CROSS-BORDER MARITIME DISPUTE ]]>
<![CDATA[Indrawan, Immanuel A.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Ship arrest is an in rem action on ships that exercised with purpose of obtaining security for maritime claims. The arrest is intended to prevent a ship from moving pending settlement of the claim and consequently will also prevent her owners from enjoying any profits. In present shipping industry, which became more borderless, dispute involving different nationals and jurisdictions might arise. In such case, existence of clear and certain rules are one of the keys to resolve them. In respect of that, ship arrest has been introduced in Indonesia through the Law number 17 Year 2008 “Shipping Law”. Since the enactment of Shipping Law, ship arrest is possible to carried out within the Indonesian jurisdiction. However, the practice of ship arrest in Indonesia is relatively new comparing to other countries such as Netherlands and Singapore, which have implemented it long before Indonesia. Another question is whether it is necessary for Indonesia to be a party in international treaties on arrest of ships. Learned from examples outside Indonesia, we may able to see issues concerning ship arrest in Indonesia; existence of the implementing rules, compatibility with the current civil procedural rules, readiness of the courts to implement it, etc. Responding to the development of shipping industry, Indonesia must assured to moving onward by showing its readiness in following international practice on shipping law. This readiness is also an indicator of seriousness in manifesting the idea of making Indonesia as an axis of world maritime.]]>
<![CDATA[ENHANCEMENT OF FOREST AND PEATLAND GOVERNANCE IN INDONESIA ]]>
<![CDATA[Santosa, Mas Achmad]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Indonesia’s forest is decreasing rapidly, and it is affecting the country’s commitment to curb carbon emission by 29 percent by 2030. Per a report published by GermanWatch in 2016, our country’s Climate Change Performance Index (CCPI) fell three places from 19 to 22 due to inadequate forest protection policy. This research will look into the urgency for the government of Indonesia to draw an agenda to push forward forest andpeatland reform to stop deforestation. Through a comparative analysis, this paper will compare two government regimes: the second term of President SusiloBambangYudhoyono (2010-2014), where REDD+ was used as the catalyst for forest and peatland governance reform; and the first two years of President JokoWidodo (2014-2016), where promising actions to restore and to protect Indonesia’s forest and peatland still need stronger political will and leadership to meet the 29 per cent commitment to curb greenhouse gas emission in 2030.]]>
<![CDATA[APPLICATION OF EXTRATERRITORIAL JURISDICTION IN EUROPEAN CONVENTION ON HUMAN RIGHTS (CASE STUDY: AL-SKEINI AND OTHERS V. UK) ]]>
<![CDATA[Sitepu, Aldo Ingo]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[This research explains the definition of jurisdiction, development of the extraterritorial jurisdiction and its regulation in international law which includes its principle and also boundaries. This research then analyses cases before Al- Skeini and others v. UK case regarding the application of jurisdiction mentioned in Article 1 of the European Convention on Human Rights (ECHR) by European Court of Human Rights (ECtHR). Furthermore, this research analyses the applications of Article 1 ECHR in United Kingdom’s House of Lords decision and ECtHR decision in Al-Skeini. In its decision ECtHR stated that the existence of Public Power in Al-Skeini causes an extraterritorial jurisdiction in that case. The judgement caters to the human rights protection but on the other hand it still leaves confusion in determining the requirement of extraterritorial jurisdiction in the ECHR.]]>
