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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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DISCRIMINATORY POLICY OF THE INDONESIAN GOVERNMENT TOWARD ADVOCATE AND POOR PEOPLE, FUNDING SOLUTION FOR LEGAL AID Raharjo, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Constitutionally, obtaining legal aid for the poor is a right, whereas for advocates, legal aid is an obligation. The rich can select the desired advocate, while the poor should be defended by an advocate under the principle of pro bono publico. Legal aid for the poor is the answer to the principle of equality before the law. Although the poor have a right to be defended by an advocate, some of them do not get legal aid, due to either the factor of the advocate or the poor themselves who do not have access to justice. Government policy to allocate legal aid funds in the Ministry of Law and Human Rights only to accredited legal aid institution further complicates the procedures of legal aid obtaining, both for the poor and advocate. This government discrimination should be ended by removing the policy and seeking legal aid fund alternatives by exploring the resources available in the community, both private institutions and the having individuals.
PROMOTING REGIONAL INTEGRATION THROUGH HIGHER EDUCATION: LEGAL ANALYSIS ON THE EMPOWERMENT OF FOUNDATION IN PRIVATE UNIVERSITIES Gunadi, Ariawan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Higher education holds an important role in developing nation to build the manpower capacity of young generation and generate intellectual property. The same case applies in Indonesia as the most populous country in South East Asia with unmanaged higher education. Originally set out as a social entity which is engaged in nonprofit activities, some foundations have engaged in higher education. However conflict arises when the purpose of foundation is skewed for personal use that ended up disparaging other good foundations and the society in general. These issues prompted the government to promulgate Law No. 16 of 2001 regarding the Foundation and Law No. 28 of 2004 regarding the Amendment of Law No. 16 of 2001 regarding the Foundation. With this legislation, the foundation is expected to carry out specific standard and policies in managing their activities especially in order to prevent internal and external interference This article discusses on four parts: i) thetheoretical legal background of foundation in Indonesia compared to other legal entities; ii) the exposition of organs on the foundation in such as the Board of Trustees, Board of Executive and Board of Supervisory; iii) The analysis of role between foundation and universities, including examples of internal and external conflict as study case; and iv) the role of foundation to enhance Indonesia’s regional position in the international community.
IN THE LIGHT OF ASEAN ECONOMIC COMMUNITY: THE PROTECTION OF MINING RESOURCES IN INDONESIA, DECENTRALIZATION SYSTEM AND THE ROLE OF GOVERNMENT POLICY Wahyuni, Indria
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In 2015 Indonesia will facing Asean Economic Community (AEC) which open thekey for free trade among the Asean Countries. In response to this phase, Indonesia need to be prepared in many fields, one of them is the miningfield. As a country rich of natural resources, mining field managementurgently need to have attention. With AEC there will be potential investment and flow of human resources, Indonesia must prepare themselveswithsufficient human resources, infrastructure and legal policy. Recent, thereare significant problems in mining field that comes from regulations,miningthat should be able to support and escalates the Indonesian prosperiety loosetheir function due to corruption. The ground of such condition is the overlapping regulations in the field, no harmonized regulation that ended tono accountable mining system in Indonesia. Different natural resources hasdifferent regulation that often does not correlate each other. Mining activities at least observed by three ministries namely Ministry of Energy and Mineral Resources of Republic Indonesia, the Ministry of Forestry, National Land Agency, it is become a big problem while issuing regulations related to mining. With implementation of decentralization system, local government also has authority in terms of managing mining activity in their area. The paper, furthermore, highlihted aspects that need to improve intermsofuildinggoodmining system in Indonesia. This paper will ended with discussion and solution for aspects that the Local Government can take part and what kind of policy that they can made in order to protect the environment in their area, as well as to create sustainability mining for futher generation.
ARBITRATION AND JUSTICE DENIAL ON FOREIGN DIRECT INVESTMENT Hendrawan, Daniel
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The economic growth in Indonesia is thrive. The Economic growth can not be separate of the role of investment in Indonesia. The population in Indonesia very much and also the location of the Indonesian state strategic pretty much made Indonesia enjoyed by citizens of Indonesia itself and also foreign nationals who wish to also invest in Indonesia. In Indonesia there is a domestic investment and foreign investment. In this paper will be devoted to foreign investment. Foreign investment that currently exist in Indonesia has a sizeable amount and spread from Sabang to Merauke, and also has a fairly diverse business fields. The investors who come in and make an investment in Indonesia is sometimes caused the dispute. Dispute occurs either the foreign investment by government or also foreign investment with other parties outside the government well with other foreign investment, and also in the company itself. Foreign investment dispute settlement is not only done through the court owned by the government, but there are also ways of alternative dispute resolution outside the court . One of the alternative dispute resolution outside the court is Arbitration. Arbitration carried out as part of efforts to achieve settlement of the problem in terms of investment activity . Arbitration itself is set in the legislation applicable investment in Indonesia . The parties in capital investment may create a separate section in the agreement governing the settlement of disputes in the case of investments completed by Arbitration. In the event that the parties have arranged to settle the case with Arbitration, then the court is not allowed to try again or to interfere in the decision Arbitration. Arbitration is one of the solutions if justice denial occur in the settlement of foreign direct investment issue.
LEGAL INTEGRATION AS A MEANS TO REGIONAL ECONOMIC INTEGRATION: A SOUTHERN AFRICAN PERSPECTIVE Kawenda, Diana Eunice
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

It is a general truth that regional integration has been considered as a means to achieve rapid economic growth and alleviate other socio economic ills faced in Southern Africa. In Southern Africa a lot of information has been expounded from an economist and political perspective on how regional integration cane be achieved. However not much emphasis has been placed on the role of the law in realising regional integration. This paper seeks to define the concept of regional integration and legal integration in International law considering the two concepts deal with interstate relations. Undoubtedly the most successful economic integration process has been fulfilled by the European Continent. In trying to ascertain if legal integration can be a means to achieve regional integration, the European Economic Community (EEC) will be examined. The role of the European Court of Justice (ECJ) will be discussed along with the landmark cases which set the law as the precursor to Europe’s successful integration process. A continental shift will be made to assess if the African Union (AU) considers the law as a means to effective regional integration. Moving further inward in the African continent, this paper will examine the position of the Southern African Development Community (SADC) and the Common Market for East and Southern Africa (COMESA), and if the law is being used as a means to effective regional integration? Lastly recommendations will be made pertaining to the African scenario and particularly in Southern Africa thus leading to the conclusion. The research methods used for this paper will be a comparative analysis with the European Integration process, literature review and internet research.
THE IMPACTS OF FOREIGN DIRECT INVESTMENT TO THE ENVIRONMENT IN DEVELOPING COUNTRIES: INDONESIAN PERSPECTIVE Wartini, Sri
Indonesian Journal of International Law
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Abstract

Foreign Direct Investment (FDI) may cause positive and negative impacts in developing countries, such as in Indonesia. The positive impact of FDI may enhance economic growth in developing countries, on the other hand, negative impacts of FDI may cause environmental pollution and environmental degradation. FDI in Indonesia has already increased economic growth, however, the environmental degradation and environmental pollution cannot be avoided. In certain extent, in order to gain a great profit, FDI can be used by the foreign investor to violate human rights and the environment in the host states. Unfortunately, the government in developing countries often sacrifice the interest of environment to booast economic growth. Hence, it is crucial to have a good policy in FDI as well as environmental protection. State needs to balance the interest of environment and economic growth, since both of them are interdependence. The existence of FDI shall not hinder the political will of the house state to protect the environment. However, it is essential to enhance the role of the host state government to have a good policy of FDI in order to protect the environment. The paper undertakes a critical examination of the issues relating to the impacts of FDI to the protection of environment in Indonesia. Furthermore, it also analizes the challenges and opportunities to enhance environmental protection. The research method of this article is qualitative and the approach of the research is normative. The research finds that the role of the host sate to have agood policy in FDI as well as protection of the environment is paramount.
LEGITIMISING THE ILLEGITIMATE : EXTENDING INTERPRETATION BEYOND REALITY. THE SHRIMP FAIRYTALE AND ITS IMPLICATIONS Martin, Mervyn
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The challenges of liberalization of international trade; Firstly was the realization that in the past there was a tendency to be satisfied with sweeping, unspecific statements on best principles, which always led to often a meaningless outcome without hard and fast commitments. The second was their episodic character. The notion of dispute settlement involves conflicting assertions as to the rights and obligations of the parties involved. Disputes arise from freely entered relationships between parties that create expectations as to their future conduct. there existed a three-pronged objective of the negotiating plan indicated from the Negotiating Group on Dispute Settlement for the UR negotiating process. The use of interpretory aids may become necessary when there is ambiguity in the text of the agreement. The observations indicate that that the Trade Stakeholder model is flawed in some agreement and the increasing influence of this model can be seen from an observation of similar-type cases over the years. Consistency on attempts to manipulate negotiated rights and obligation through “extended” approach became clear in Shrimp. Current slant of DSC decisions should continue to be applied.
EUROPEAN UNION INTEGRATION PROCESS: A LESSON LEARNED FOR ASEAN Hutabarat, Leonard Felix
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The paper first highlights the historical background of Indonesian foreign policy, the current “downto-earth and pro-people diplomacy”, as well as Indonesian foreign policy for the period of 2015-2019. Secondly, it will briefly describe the current and future global and regional situation that could become challenges and opportunities for Indonesia ahead. Third, it will also explain the current development of the European Union relations with Indonesia and ASEAN. Finally, the paper will conclude a lesson learned from European Union integration process for ASEAN.
ADVANCING ASEAN HUMAN RIGHTS NORMS THROUGH EXTERNAL RELATIONS: CAPACITY, ADVANTAGES, AND THE POTENTIAL FOR EXTERNAL INTERFERENCE Arsika, I Made Budi
Indonesian Journal of International Law
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Abstract

The gradual development of human rights norms in ASEAN has been discussed until recently. As before the human rights provisions were formally enshrined in the ASEAN Charter, many experts have shared their views on how such norms should ideally be formulated and how to use the institutional approach in the promotion and protection of human rights in Southeast Asia region.This paper mainly discusses about the role of ASEAN’s external relations to advance the ASEAN human rights norms. On the more specific topic, this paper analyzes ASEAN’s capacity to bring human rights agenda in its external relations and also analyzes the advantages that can be gained from such activities. Based on the assumption that cooperation naturally opens the room for external influences, this paper also studies whether ASEAN’s external relations on human rights issues are potential for external interference.
STATE RESPONSIBILITY OVER SAFETY AND SECURITY ON AIR NAVIGATION OF CIVIL AVIATION IN INTERNATIONAL LAW Simatupang, Andika Immanuel
Indonesian Journal of International Law
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Abstract

The Uberlingen Mid-Air Collision which happened in Germany in 2002 between Bashkirian Airlines and DHL had attracted the international community to international civil aviation activities. Bashkirian then brought this case before the Dictrict Court in Konstanz which sued Republic of Germany to indemnify the company for damage claims against the airine by third parties. The Court then decided Germany should responsible to Bashkirian and indemnify all the cost claimed against the airline. The collision occured at German’s territory which controlled by Skyguide. This thesis is aimed to elaborate the state liability on safety and security of air navigation in its territory which failure to do so will result a state responsibility. This thesis will analyze the provisions and the state’s liabilities in providing the safe air navigation facilities according to international law

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