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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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THE CONCEPTION OF HISTORIC SHIPWRECKS OWNERSHIP IN ACCORDANCE WITH INTERNATIONAL LAW Rachmana, Meike
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Technology development pushed forward an access to underwater cultural heritage. Diving tools development makes an access to deeper part of sea accessible. This access not only used by researcher and archeology but also by treasure hunter and historical shipwrecks treasure seekers. These events lead the interested party to explore the sea for valuable things. One of them is historic shipwrecks which contain historical, archaeological or economic value. The significance of this historic shipwrecks leads to an issue about ownership. The ownership claims of historical shipwrecks tis starting to become a global issue after the occurrence of jurisdiction clash among the Flag-state country, Finder, Coastal state, or state origin of the cargo. Therefore, it is important to understand the issue further by exploring the conception on regulation of historic shipwrecks at international level through international convention, at national level through its regulation and practice in several countries and also the regulation and practice in Indonesia.
A COMPARISON OF CHILD PROTECTION LAW BETWEEN INDONESIA AND MALAYSIA Jauhari, Iman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education, prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability treatment are also included. This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including the Child Protection Law.
THE DISPUTE OF AMBALAT IN THE PERSPECTIVE OF INDONESIAN FOREIGN POLICY IN THE POST-NEW ORDER ERA Hadi, Syamsul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article analyzes the Ambalat territorial dispute between Indonesia and Malaysia, viewing from the perspective of Indonesian foreign policy in the Post-New Order era. The writer argues that Ambalat is a typical case in which Indonesian foreign policy had been widely influenced by public pressures which force government to take a firm stance against Malaysia. The practices of democratic system, including free media, have become an important factor behind such firm stance, along with the growing nationalism amongst public in the Post-New Order Indonesia. However, in relations with the willingness to maintain a regional influence in ASEAN, the government actually does not really intent to involve in an open war.
EXTENDED CONTINENTAL SHELF REGIME IN INTERNATIONAL LAW: ITS APPLICATION IN INDONESIA Krisadtyo, Nikki
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indeed, every state intends to explore and exploit its mineral resources. One of the ways to increase the area on which states can explore and exploit its mineral resources is by applying the Extended Continental Shelf (“ECS”) regime. This research explains the development and regulation of the ECS regime which include its requirements, sovereign rights over it, the role of the Commission on the Limits of the Continental Shelf, et cetera. This research then analyzes the ECS regime in Indonesia. This research uses a legal normative research method—which is of an explanatory and descriptiveanalytical character—and uses primary, secondary, and tertiary data. This research shows that Indonesia does not have a strong legal basis to apply the ECS regime nor a utilization plan for its ECS. This regime can be applied in north-west of Sumatera, south of Nusa Tenggara, and north of Papua. Indonesia has made a submission for the ECS in North-West Sumatera which has been accepted. The writer offers some advice: Indonesia should have further legal basis to apply the ECS regime and a utilization plan for its ECS.
OUTER LIMITS OF CONTINENTAL SHELF IN THE ARCTIC OCEAN: POTENTIAL OVERLAPPING CLAIMS Liliansa, Dita
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

To legally exercise its sovereign rights over extended continental shelf, coastal States have to obtain recommendation from the Commission on the Limits of the Continental Shelf by submitting information on the limits of its extended continental shelf to the Commission. In some cases, such submission overlaps with other submission which leads to deferred submissions. This paper will address some potential overlapping submissions in respect of the Arctic Ocean which is carried out through a normative legal study. At the end, this paper suggests that Arctic coastal States may agree on establishing a joint submission to avoid any overlapping submissions in the Arctic Ocean.
GOOD FENCES MAKE GOOD NEIGHBOURS: CHALLENGES AND OPPORTUNITIES IN FINALISING MARITIME BOUNDARY DELIMITATION IN THE MALACCA STRAIT BETWEEN INDONESIA AND MALAYSIA Arsana, I Made Andi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Maritime boundary issues are by no mean new for Indonesia and Malaysia. Notwithstanding the fact that Indonesia and Malaysia signed a maritime boundary agreement as early as 1969, the two States have yet to finalise various pending maritime boundaries between them. Compelling cases such as Ambalat Block dispute (2005, 2009), Tanjung Berakit incident (2010) another incidence in the Malacca Strait (April 2011) and others maritime boundary issues are apparently consequences of unfinished maritime boundaries between Indonesia and Malaysia. This paper seeks to analyse challenges and opportunities in finalising maritime boundaries in the Malacca Strait between Indonesia and Malaysia. It focuses on description of maritime boundaries between the two States, followed by recent developments in the Malacca Strait. An incident involving Indonesian patrolling officers and Malaysian-flagged fishing vessels which occurred on 7 April 2011 is the key case discussed. It is viewed as a relevant representation of what happen between Indonesia and Malaysia, which also applies to other areas where maritime boundaries are pending or absent. This discussion eventually highlights the importance of maritime boundary delimitation in the Malacca Strait between Indonesia and Malaysia. Options for maritime delimitation between Indonesia and Malaysia in the Malacca Strait are the main outcomes of this paper. This is achieved by taking into consideration principle of the law of the sea, relevant jurisprudence, and existing agreement between Indonesia and Malaysia. To accurately generate options for delimitation, geospatial approach was employed by utilising relevant geospatial data and technical tools and operations.
ANTI-MONEY LAUNDERING AS INTERNATIONAL STANDARDS AND THE ISSUE OF STATE SOVEREIGNTY Amrani, Hanafi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

It has been recognized that the anti-money laundering regime comprises of preventive and repressive measures. Regarding the preventive measures, the Financial Action Task Force (FATF) on Money Laundering issued the Forty Recommendations which are regarded as international standards in preventing and controlling money laundering activities. These standards are generally viewed as ‘soft law’ and have levels of intervention in legislative, financial, and law enforcement of members and non-member countries of the FATF. However, the rule-making as well as the implementation and enforcement strategy of these standards are not involved and approved by non-member countries. This article argues that this policy is contrary to the principle of state sovereignty and regarded as one of state interventions in the domestic affairs of another state. This article seeks to draw the Forty Recommendations as international standards and examines the creation and implementation of these standards from the standpoint of state sovereignty by focusing exclusively on the principle of sovereign equality and non-interference.
YO HO HO AND A BUCKET OF CASH THE NEED TO ENCHANCE REGIONAL EFFORT TO COMBAT PIRACY AND ARMED ROBBERY AGAINST SHIPS IN SOUTHEAST ASIA Mulyono, Hersapta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The problem of piracy is that the world press nowadays often focuses on waters off the coast of Somalia and the Gulf of Aden. That is understandable given the recent phenomenal upsurge of piratical activities in that poverty stricken part of the world. Poverty, alongwith degradation of the rule of law, is often a catalyst for criminal acts, and if that situation occurred in maritime neighborhood, it usually takes form of piracy and armed robbery against ships. Southeast Asia is one of those places. The primary purpose of this essay is to examine the deficiencies of regional efforts to combat piracy and armed robbery against ships in Southeast Asia. To provide readers with an understanding of the legal difficulties involved with piracy and armed robbery in Southeast Asia
SOVEREIGNTY VS INTERNATIONAL COOPERATION: MAJOR PROBLEMS FACING EAST ASIA AT PRESENT Miyazaki, Takashi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

World is now becoming united in which international community cannot live independently. The sovereignty of every States in the world cannot walk alone without having taken into consideration on the others States’ need and sovereignty. There are important issues of state sovereignty vs. international cooperation in regard of some grave problems facing our region, East Asia and even the world beyond. Among these issues are. the island disputes, humanitarian intervention, TPP and trade and economic integration in general, including RCEP advocated by Indonesia, also global warming. All of these issues cannot be solved without international cooperation. Thus international cooperation is a must in the borderless era as we are experiencing today.
TRANSNATIONAL LAW AND THE IBT COURSE Purba, A. Zen Umar
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Today business transactions transcending national borders need a new concept, namely transnational business transactions. It deals not only with private, but also with public issues; This in line with the birth of transantional law, as firstly expressed by Judge Jessup Philip in 1956. This article aims to discuss the importance of including the international bussiness transactions (“IBT”) course in Indonesia’s legal education. It concludes that transnational law, as reflected by IBT is nowadays an important basis to give understanding to the students on how law makes guidance and fence for commercial transactions across the border.

Page 15 of 58 | Total Record : 572

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