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
 14   15   16   17   18 
VENTURE CAPITAL: AN AMERICAN CONCEPT AND ITS PROBLEMS OF IMPLEMENTATION IN DEVELOPING COUNTRIES Bintang, Sanusi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.683 KB)

Abstract

Venture capital is an American concept. It is an alternative source for financing small businesses, besides other conventional financing sources, such as banking. Among the characteristics of venture capital are the dual-roles of investors, both as capital owners and management of the businesses. The concept has been successfully implemented in the U.S. which can increase investment and job opportunity. However, there are obstacles in implementation of the concept in developing countries, because, among others, lack of conducive environment for its growth including the weaknesses in economic law and its enforcement, and cultural hindrance. This article discusses the U.S. venture capital concept; it’s successful in the U.S. and its problems of implementation in developing countries, and alternative solutions for better implementation in the future.
THE LOGGING BAN POLICY IN ADDRESSING DEFORESTATION: A COMPARISON BETWEEN THAILAND AND INDONESIA Safrina, Safrina
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.659 KB)

Abstract

The logging ban policy is applying in several countries, such as Thailand and Indonesia, in order to deal with deforestation and forest degradation in natural forests. However, both countries still have had difficulties resolving the problem. The logging ban in Thailand does not work as expected due to centralized systems of forestry policy that still applies in Thailand. However, Indonesia is actively adjusting the decentralized system, which gives authority to local governments to set policies regarding forestry. The effectiveness of logging ban to achieve conservation goals and economic development continues to be debated; however, it should be noted that the logging ban is not a standalone policy. The policy should be supported by other policy and it should also consider factors such as availability of human resources and adequate budget for the implementation. The underlying issue is also important to measure in order to formulate proper planning arrangement so that a comprehensive solution can be found to combat deforestation and forest degradation.
ASEAN’S AMBIGUOUS ROLE IN RESOLVING SOUTH CHINA SEA DISPUTES York, Michael
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (481.905 KB)

Abstract

Maintaining regional peace and security is a major concern for the Association of South East Asian Nations(ASEAN) while preserving strong and strategic ties with China is also imperative for the protection of regional economic and security interests. In a territorial dispute that involves most ASEAN nations to a different extent, delicately crafting a diplomatic solution to protect good working relations among ASEAN nations and China will become increasingly difficulty. China has been accused of intimidating and using other coercive tactics against the Philippines and Vietnam in its bid to claim large areas of the South China Sea against the interests of ASEAN member states. Despite these tensions, ASEAN, nor its member nations have “condemned‟ these actions, or sort to sanction the Chinese at the risk of damaging lucrative economic relations to the detriment of security and stability in the region. A lack of solidarity within the ASEAN community has the capacity to undermine its function and response which has thus far been limited in addressing this issue. This paper will discuss aspects of Philippine, Vietnamese and Indonesian government policy towards China and characterize ASEAN‟s role in resolving and managing the conflict. The Philippines and Vietnam have increasingly troubled and deteriorating relations with the Chinese, in contrast with the Indonesians, who are working expeditiously to strengthen ties with the Chinese across a plethora of foreign policy and defense cooperation issues. The prospect of a unified ASEAN response to the South China Sea territorial dispute remains unlikely. Indonesia‟s proposed code of conduct may be the first step in addressing peace and security, however is not a long term solution and governments throughout the region must continue ongoing robust diplomatic efforts through ASEAN, bilaterally and multilaterally, with international assistance and cooperation, to resolve these territorial disputes.
LOSS AND DAMAGE DUE TO CLIMATE CHANGE IN INDONESIA: AN OVERVIEW OF THE ASEAN COOPERATION ADAPTING TO GLOBAL WARMING Sari, Diah Apriani Atika; Indriyani, Rachma
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.852 KB)

Abstract

Climate change is already causing significant loss and damage, and this issue has only become more urgent. Indonesia as the biggest archipelagic state in the world has faced great challenge of loss and damage due to climate change. Moreover, Southeast Asia is highly vulnerable to climate change as a large proportion of the population and economic activity is concentrated along coastlines; the region is heavily reliant on agriculture for livelihoods; there is a high dependence on natural resources and forestry; and the level of extreme poverty remains high. Vulnerability differs between South East Asia’s countries, however they are not immune from the occurrence of bad impacts. For that reason, regional cooperation is essential to cope with climate change and its impacts. The United Nations Framework Convention on Climate Change (UNFCCC) has stated loss and damage as the actual and/or potential manifestation of impacts associated with climate change in developing countries that negatively affect human and natural systems. Future loss and damage is potentially of unimaginable magnitude. These associated loss and damage now require new approaches that must also consider the challenge of addressing non-economic losses. In 2009, an ASEAN Climate Change Initiative (ACCI) was created to enhance coordination and cooperation in addressing climate change. This article will presents an overview of strategy and mechanism on ACCI as loss and damage response, furthermore, what kind of prospect can be taken by Indonesia. Therefore, it will analyze how such regional cooperation are made possible to be a panacea for climate change problem.
TOWARDS PRINCIPLED FISHERIES GOVERNANCE AUSTRALIAN AND INDONESIAN : APPROACHES AND CHALLENGES Chomariyah, Chomariyah
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.847 KB)

Abstract

The principled fisheries governance coexist two concepts under the precautionary principle. The first one, based on the strengthening of the concept of environmental protection, aims to promote a prevention proportional to the potential risks. The second one looks for the eradication of risks and it may even require the ‘‘proof demand’’ of innocuousness. Implementation of the precautionary principle in the fishing sector became established as a reaction in general situation of world fish stocks to guarantee the sustainability of the exploitations. This paper tries to stress the implementation of the precautionary principle in Australia’s practice to application in Indonesia’ legal framework of fisheries. The Concept of precautionary principle must analysis with compatibility principle before implementation in national level. Needed to fisheries governance of the management and conservation of legislation or establish a new national single instrument of conservation of fisheries. There should be more research on precautionary principle in fisheries conservation especially on its complexity of legal instrument. Currently, the implementation of precautionary principle must be done in Indonesia. Thus, it evaluates the concepts applied in Indonesia fisheries management and conservation, and it concludes by pointing out solution of the problems derived from its implementation.
SAFEGUARD MEASURES IN THE FRAMEWORK OF ASEAN-KOREA FREE TRADE AGREEMENT (AKFTA) ON TRADE IN GOODS COMPARE TO GATT/WTO Johan, Eva
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.304 KB)

Abstract

Safeguard measures is one of the WTO instruments to protect domestic industry from import product. Safeguards provision has some requirements to fulfill. A safeguard is one of trade instruments regulated on WTO Agreement. The member could provide safeguards measure for protecting his domestic industry in such increased import quantities product and under such conditions as to cause or threaten serious injury to domestic producers. This article aims to compare the rules of safeguard are regulated in Asean-Korea Free Trade Agreement (AKFTA) with WTO Rules. It is concluded that there are some different provisions of safeguard between the two regulations in the aspect of the applicability on the of safeguard measure, the Dispute settlement mechanism and the time period of safeguard measures.
CORRUPTION AND REVERSAL BURDEN OF PROOF Wiriadinata, Wahyu
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (334.286 KB)

Abstract

This paper, entitled Corruption and Reversal Burden of Proof, was intended to deal with a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (applicable) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime. Then, a problem that rose next was: could the application of reversal burden of proof in proving a corruption crime case prevent or reduce or even eliminate totally corruption crimes in Indonesia? This research built on a theoretical frame of thought from Roscoe Pound, who maintains that law is a tool of social engineering. This concept was cited by Muchtar Kusumaatmadja, who adapted it to Indonesia conditions and adjusted it to be law as a social engineering medium. Engineering is meant here as a transformation of the thinking ways of people from traditional thinking ways to modern ones. Law should be made as a means in resolving the entire problems that emerge between and among community, including corruption crimes. One of the things that needs to be changed is a law of proof law system, that is, from a conventional proof system to be a reversal one. This paper was written by a juridical-normative method, that is, by studying legislations, be they are contained in laws and those contained in literature/books on legal science, particularly legislations related to reversal burden of proof. Then, the results, in a form of juridical aspect, was written in a descriptiveanalytical form. The overall conclusion of this research was an answer of the problems posed above, that is: Corruption crimes have been continuously occurring till now in Indonesia. Thus, Law Number 31 of 1999, particularly Article 37, has not been effective yet in eradicating corruption crimes.
MONEY LAUNDERING: HOW IT BECOMES AN INTERNATIONAL THREAT (RESPONSE AGAINST MONEY LAUNDERING FROM THE SIDE OF INDONESIA) Kurniasari, Eka
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2179.25 KB)

Abstract

Money Laundering is one of the transnational organized crime which has been increasing intensively. Money laundering is the term used to describe a process of concealing the source of money that gained through crime (it is usually called “dirty money”). This process is done with the aim to make the “dirty money” converted into “clean money”. There are many ways for this process to be done, among them is by buying properties and houses. Other is by saving the “dirty money” in a bank account that will later turned it into “clean money”. This is where the bank service could get involved in this particular crime. In an attempt to overcome this problem, countries joining in the G-7 Summit established the Financial Action Task Force (FATF) in Paris in July 1989 that provides standards recommendation, national and international, as measures to make integrated cooperation among countries. This essay discusses the very definition of money laundering, the role FATF takes in order to prevent money laundering, and the responses of Indonesia regarding money laundering.
THE LESSON OF IMPLEMENTING NON-DISCRIMINATION PRINCIPLE ON INDONESIA-US CLOVE CIGARETTES CASE Johan, Eva
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2111.016 KB)

Abstract

The Indonesian government recently won for keeping its rights on Clove Cigarette Case in WTO. It became a winning diplomacy on Indonesia trade. Indonesia has an objection on United States cigarette policy, which prohibit product of clove cigarette (mostly imported by Indonesia) in United States, because such policy violate one of the most important principle on WTO, Non-Discrimination Principle, which are Most Favoured Nations (MFN) and National Treatment. Indonesia won this case in both, Panel and Appellate Body. This winning is not only important for Indonesia but for all country, mainly for Developing and Less Developing Country member of WTO. This paper will examine the significance and contents of Non Discrimination Principle from the perspective of Indonesia-United States Tobacco Case.
EVOLUTION OF TERRORISM ACT AGAINST CIVIL AIRCRAFT Arafah, Adhy Riadhy
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2194.989 KB)

Abstract

Since an aircraft was invented, an aircraft is not only used for transporting person from one place to another, but also can be used in war until revenge terrorism ideology and faith against a state. Furthermore, an aircraft is a representative of state where the aircraft is registered, which is also defined by terrorist as a target to attack a state. Attacking a civil aircraft is categorized as an international crime. Hereinafter, since Tokyo Convention 1960 declared, the evolution of crimes against civil aircraft has been evolved. The main target of offences is still an aircraft, however, the offence is diverted by attacking others target such as all facilitations relating to the security in civil aviation including airport and air navigation. 9/11 accident in USA is a picture how terrorism offence is still evolving. Now, aircraft and ground navigation facilitations are not the only main object in attacking by terrorist. The aircraft now is used to attack others ground target which are represented a state. The evolving of terrorism acts, in the end, is the reason why Beijing Convention 2010 on the Suppression of Unlawful Acts Relating to International Civil Aviation was made.

Page 16 of 58 | Total Record : 572

 14   15   16   17   18 

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