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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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LEGAL ISSUES ON THE ATTACKS AGAINTS VESSELS IN THE STRAITS OF MALACCA Putri, Siti Noor Malia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Piracy that occurs in the straits of Malacca has become a serious problem that need to be solved. The United Nations Office on Drugs and Crime (UNODC) has been combating piracy in this particular area since 2009. In an attempt to do so, UNODC creates a Counter Piracy Program (CPP) that has been implemented in several African Countries. However, UNODC doesn’t define the limitation of piracy which described in 1982 UNCLOS that only defines it as piracy on high seas. Whereas, piracy is not only takes place on high seas but also within territories of the states jurisdiction. The lack of ability to implement the provisions in national scope become another problem in regards preventing piracy in the Straits of Malacca.
ILLEGAL FISHING IN INDONESIA FROM THE NATIONAL AND THE INTERNATIONAL LAW PERSPECTIVE Hikmah, Mutiara
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is the world’s largest maritime country, its maritime resources need to be guarded and managed continuously for the welfare and prosperity of the people of Indonesia. One of the examples of issues that attracts attention and is still occurring within the territorial waters of Indonesia is illegal fishing. Indonesia constitutes one of the countries which falls victim to the growing actions of illegal fishing. Illegal fishing constitutes a violation of the law, its impact is not only damaging to the people and state, but also disturbing the stability of security at seas and it also constitutes potential conflicts between Indonesia and other countries. This paper will describe the legal issues pertaining to illegal fishing, how it is regulated from the perspectives of national and international laws, its condition in Indonesia, how illegal fishing cases are handled in Fisheries court as well as what are the efforts made by the Government of RI to overcome and prevent illegal fishing within the territorial waters of Indonesia.
THE ASEAN POLITICAL-SECURITY COMMUNITY: ASEAN SECURITY COOPERATION ON COMBATING TRANSNATIONAL CRIMES AND TRANSBOUNDARY CHALLENGES Kusumaningrum, Adi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Asean Security Community (ASC) is a framework to facilitate political and security cooperation in ASEAN. The ASC is a framework based on the idea of comprehensive security with the strategic thrusts of conflict prevention, peaceful conflict resolution, and post-conflict peace building. A framework of this nature represents one of the ultimate goals of ASEAN, which has achieved a record of political cooperation since its inauguration. All nations of Southeast Asia except Timor Leste are now members of ASEAN. There are any ASEAN’s Security Challenges, such as old and new insurgencies - southern Philippines, southern Thailand, Myanmar, West Papua, political uncertainty and instability - Myanmar, Thailand, inter-state disputes and tensions - Thai-Cambodia border, South China Sea conflict, power shift and great power rivalry - China/US, China-India, China-Japan, and transnational/non- traditional security threats – terrorism, transboundary haze, maritime piracy, pandemics, transnational crime, drug trafficking, people smuggling, natural disasters). This paper disscuss abaut security cooperation in ASEAN and some achievements of ASEAN as regional organization on combating transnational crimes and transboundary challenges.
SELF EXECUTING AND NON SELF EXECUTING TREATIES WHAT DOES IT MEAN? Agusman, Damos Dumoli
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article examines the concepts of self executing treaties and non-self executing treaties. These two concepts are inadvertently related to the dualist and monist theory of international law. They also relate to the question of direct applicability and municipal validity of treaties. This article will show that non-self executing treaties are not always analogous with the concept of dualism under international law. Likewise, treaties might presumably be self executing even in dualist states. It is therefore imperative to acquire an understanding of these two concepts by discerning and analysing them. Such understanding will provide clarity to the question of dualist transformation theory in regards to the municipal validity of treaties. berita politik nasional terkini aims to explore these two concepts, in particular their main ideas, how they relate and attempt to affect the theoretical problem of monism versus dualism with regards to treaties. This article traces the origins of the concept of self-executing treaties by examining it under American law and the European Union legal order as well as relevant decisions by international courts. This Article will then move to examine various scholars suggestion to establish criteria for non-self executing treaties
ASEAN HUMAN RIGHTS DECLARATION: A NEW FORM OF UNIVERSALISM Rachminawati, Rachminawati Rachminawati
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Just Recently ASEAN has adopted The ASEAN Human Rights Declaration. This declaration is a corner stone for ASEAN to establish human rights law instruments and mechanism in the future in order to support the upcoming ASEAN Community in 2015. However there are a lot of critiques upon the Declaration mostly come from human rights activist and NGOs. It is crticized that the declaration's principles and articles could be erode universality of human rights as stated in the Universal Declaration of Human Rights. Highly criticized is to article 7 of the Declaration which mention that the realization of human rights must be considered in the regional and national context bearing in mind differentpolitical, economic, legal, social, cultural, historical and religious backgrounds. It argues that this article will use as a tool for state to limit the people rights. Contrary to mainstream critiques, the paper argues that the declaration did not contain any principles that erode the universality of human rights and fundamental freedom. Article 7 of the declaration is a limitation of rights pursuant to the international human rights law called Margin of Appreciation. The margin of appreciation doctrine allows the court to take into effect the fact that the Convention will be interpreted differently in different member states. Judges are obliged to take into account the cultural, historic and philosophical differences between Strasbourg and the nation in question.
NATIONAL AND INTERNATIONAL COOPERATION ON THE PREVENTION AND ERADICATION OF MONEY LAUNDERING Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Prevention and eradication of money laundering, as one of the new paradigm in the effort of combating crimes, has its own mechanism in conducting both national and international cooperation, especially in relation to the cooperation of information exchange. The cooperation is mediated by the establishment of Memorandum of Understanding, and can also be conducted by the principle of reciprocity among parties. In its practice, the cooperation will strengthen the performance of Indonesian Financial Transaction Report and Analysis Center (INTRAC/PPATK) in conducting its duties and authorities as Financial Intelligence Unit.
EMPOWERING INTERNATIONAL COOPERATION'S ROLE IN THE FOLLOW OF ASSETS OF CORRUPTION'S RESULT Arifin, Ridwan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Corruption case no longer involves one party or one nation alone, but also involves many parties, too few countries. Corruption is no longer the case as an individual activity but a pattern of activity patterns and very organized group. Corruption is not just a question of a nation, but also the whole issue of the nations of the world. In the casse of corruption, repression is not only a top priority in the effort bondage and punishment, but also a return on assets of the most important things to do. The effort or corruptor impoverishment through seizure of assets is often hampered in practice, whether it intersect due to international cooperation, and asset tracking models. Asset tracking assessed include broader search than money, because the pattern of money laundering is now not only in money but also other assets that are the result of corruption and or benefits resulting from the corruption
CRIMINALIZATION OF THE SMUGGLING OF MIGRANTS IN ACCORDANCE WITH THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR Hartati, Aryani Sri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Smuggling of Migrants is categorized into Transnational Organized Crime due to its nature that involves more than one actor and crossing state borders. To overcome this problem, United Nations creates United Nations Convention against Transnational Organized Crimes followed by the Protocol against the Smuggling of Migrants by Land, Sea, and Air. This essay discusses about the development of the migrants smuggling as a form of transnational organized crime, the implementation of the provision of the UN Convention against Transnational Organized Crime and Protocol against the Smuggling of Migrants by Land, Sea, and Air in Indonesia, UK, and Australia and the enforcement of these provision to several illegal migrants cases.
ANTI-TERRORISM EFFORTS IN INDONESIA Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Terrorism is defined generally under the Anti-Terrorism Law as the intentional use of ‘violence or the threat of violence to create a widespread atmosphere of terror or fear in public’. Indonesia is a victim of terrorism, but at the same time, a safe haven for terrorists. The Indonesian government has taken various measures to eradicate terrorism, yet the Anti-Terrorism Law has not been effective in eradicating terrorist acts in Indonesia. Implementation and enforcement of Anti-Terrorism Law has not been an easy task. Terrorism for Indonesia is a complex and multifaceted issue. This article argues that the successful experience of some other countries in eradicating terrorism may not be applicable to Indonesia. Indonesia has peculiar problems which require anti-terrorism efforts to be sufficiently sensitive to the local context.
EXTRA-TERRITORIAL TORTURE AND INHUMAN TREATMENT TOWARDS SUSPECTED TERRORISTS COMMITTED BY THE U.K. AND THE U.S. MILITARY ACTIONS Mahfud, Mahfud
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Since the attack to the World Trade Centre in 11 September 2001, the world has raised their awareness to any of serious allegation of terrorist activities. Many steps have been taken by the United Nations and the states to make such legislatives in their national and international level in order to prevent and combat terrorism. The world really condemns what the terrorist have done and put their maximal effort to punish them as well as to protect the innocence from experiencing such dangerous cause of such activity. The hatred of terrorists brings many actions brought by the nations, especially the United States, as a revenge of the painful feeling of those who were left by the victims. It often leads to the act of torture and inhuman treatment done by the official to the terrorist detainees. This paper will focus on the prohibition of torture and inhuman treatment both in the United States and the United Kingdom and the United States extra-territorial actions in Guantanamo Bay and Abu Ghraib prisons and also the United Kingdom’s extra-territorial conducts in treating prisoners in Iraq in relation to Al-Skeini case. Both actions of the states might be considered as a violation of national and international human rights rules because of the existence of torture in treating the terrorist detainees during their military operations. Therefore, it is important to examine whether human rights law applies extra-territorially to such violations. This study would apply the Convention Against Torture and Other Cruel Inhuman, or Degrading Treatment or Punishment (CAT) 1984, the International Covenant on Civil and Political Rights (ICCPR) 1966 and the Inter-American Commission of Human Rights (IACHR) with respect to the United States actions and the European Convention on Human Rights (ECHR) 1950, the CAT and the ICCPR for the United Kingdom’s actions.

Page 17 of 58 | Total Record : 572

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