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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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BALI NURAGA-LAMPUNG: IDENTITY CONFLICT BEHIND THE POLICY Zulfa, Eva Achjani
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is a nation richly blessed in heritage and culture. Its population consisted of 656 ethnic groups that spread from one end in Sabang to Merauke at the other end, and occupying more than 30,000 islands. In the last few years, a number of conflicts in Indonesia had escalated significantly in their magnitude, whether seen from the area of occurrence, from the backgrounds that triggered them, or the impact and their victims. The Bali Nuraga case in Lampung was a chronicle about the conflict between the people of Balinese descent and the indigenous people from Lampung in Sido Mulyo, it was an interesting subject to analyze, considering that the Balinese were not newcomers to the region. It has been told that this conflict was not essentially about religion, instead it was a conflict triggered by the persistent efforts by the Balinese in Bali Nuraga village to hold onto their identity.This paper will discuss about the ethnic issue that occured in Lampung regarding the existence of Balinese in Lampung. This conflict between Lampung against Bali, as we have seen from the presentation above was not about the Balinese people with their Hindu faith against the people from Lampung who were mostly Muslims; however, it was packaged that way by some parties to intensify the conflict.
NON-DISCRIMINATION PRONCIPLE ON THE AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES WITHIN COAL MINING FOREIGN INVESTMENT COMPANY Hendrawan, Daniel
Indonesian Journal of International Law
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Abstract

Indonesia as a part of the international community inactable merely accordance to the government of Indonesia provision without considering to any of the international world provisions. Indonesia is the members of the World Trade Organization (WTO), so that Indonesia shall be subject to the provisions issued by the WTO. One of the provisions in the WTO is the principle of non-discrimination for foreign investment. Indonesia has numerous Natural Resources that can be exploitation for economic reasons. One business that is promising and ravish for foreign investors are exploiting the natural resources in Indonesia that is coal. Indonesia is the country’s seventh largest coal producer in the world, even since 2006, Indonesia became the second largest coal exporter in the world after Australia. Mining construction line of business was forbidden to foreign investment companies until Law number 4 Year 2009 regarding Mineral and Coal have been issued. On the Law number 4 Year 2009 regarding Mineral and Coal foreign investment company can enter the coal mining. The provision objective is to obey the principle of non discrimination on the On The Agreement on Trade-Related Investment Measures and also being considered to be capable as a selling point and competitiveness in contemporary trade to invite foreign investors to invest their capital in Indonesia.
CULTURE AND INTELLECTUAL PROPERTY DEVELOPMENT IN INDONESIA Sardjono, Agus
Indonesian Journal of International Law
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Abstract

Essentially, viewed from the perspective of culture, IPR appears to be a highly embellished and colorful concept. That may be one of the reasons why the implementation of IPR protection in a plural society with diverse interests such as Indonesia invites debate and heated discussion so frequently. Given such circumstances, it would be naïve for anyone to hold on to their own perceptions on IPR without taking into account the existence of other views which are based on subjectivity. Speaking of IPR development, either from the legal, technological or from the economic aspect, IPR cannot be viewed from one single perspective. And this is exactly where the main issue arises. It is often difficult for sectors that are dealing with IPR to take an inclusive standpoint. It is in such context that the cultural study of IPR development becomes significant, both from the economic as well as from the technological point of view. IPR should not be taken out of its context, namely the society in which culture lives and develops.
ASEAN AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: USING INTERNATIONAL LAW TO PROMOTE SOCIAL AND ECONOMIC DEVELOPMENT Petersen, Carole
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper examines the potential impact within ASEAN of the Convention on the Rights of Persons with Disabilities (CRPD). Although persons with disabilities should also enjoy the rights provided in previous human rights instruments, a specialist treaty is necessary because many individuals with disabilities are still marginalized, with low rates of education and employment. States parties are thus obligated to remove physical and attitudinal barriers and to actively promote capability and inclusion of all persons with disabilities. Disability rights organizations have urged members of ASEAN to ratify the CRPD. At present, Laos, Malaysia, Philippines, and Thailand are states parties and the Indonesian House of Representatives voted to ratify the treaty in October 2011. Full ratification would build upon progress made during the Asian and Pacific Decade of Disabled Persons, which led to the adoption of the Biwako Millennium Framework For Action Towards an Inclusive, Barrier Free and Rights-Based Society for Persons with a Disability in Asia and the Pacific. Ratification of the CRPD should strengthen governments’ efforts to implement the Biwako Millennium Framework because all states parties to the CRPD are obligated to report periodically to the United Nations Committee on the Rights of Persons with Disabilities. This is therefore an opportune time to analyze what the treaty could mean for persons with disabilities in ASEAN.
HUMAN RIGHTS PROTECTION TO WOMEN IN TIMES OF NATURAL DISASTERS IN THE FRAME OF ASEAN REGULATIONS Puspita, Natalia Yeti
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In the last decade, the occurrences of natural disasters in ASEAN (Association South East Nations) regions have intensified. ASEAN was prone natural disasters such as earthquakes and tsunamis which frequently hit the region and as we know natural disasters can happen anytime. In a disaster management process, an understanding of law especially in the context of human rights protection is crucially needed, including in the prior disaster phases, in the emergency-disaster phase, and in the after-disaster phase. If such elements are excluded, it may postpone the implementation of humanitarian aid program and may even be a threat to the victims’ rights. This situation is more concretely illustrated in the after disaster phase, where law is needed to protect the vulnerable societies, namely in handling the problem of illegal adoption of an orphan child, child and women trafficking, and violation to marginal groups and discrimination in humanitarian aid distribution. The understanding human rights law in disaster situation will be tested in the field, as it often occurs that the law is not compatible with the situation, or that it is not complete or contrary to the system of law, or the lack of understanding regarding the law. Human rights are the basic rights which must be conferred to everyone. The international law and human rights posted the obligation to the state to protect, respect, and fulfill those rights without discrimination. ASEAN as a Regional International Organization has had the ASEAN Agreement on Disaster Management and Emergency Response and also The ASEAN Coordination Center for Humanitarian in related with disaster management.
TOWARDS A COMMON AGREEMENT ON EDUCATIONAL COOPERATION ON HUMAN RIGHTS EDUCATION IN ASEAN TO PROMOTE HUMAN RIGHTS AWARENESS FOR THE YOUTH Satyawati, Ni Gusti Ayu Dyah
Indonesian Journal of International Law
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Abstract

The development of human resources through closer cooperation in education and life-long learning is one of ASEAN purposes as stipulated in the Article 1 Paragraph (10) of the ASEAN Charter. In the Cha-am Hua Hin Declaration on Strengthening Cooperation on Education to Achieve an ASEAN Caring and Sharing Community, the Heads of State and Government of ASEAN agreed to give greater emphasis on the principles of democracy, respect for human rights and peace-oriented values in the school curriculum. Indeed, that is an important action to strengthen the role of education in building the ASEAN Community by 2015. One of the ASEAN’s inspirations which are represented in ASEAN’s 5-year Work Plan on Education (2010-2015) is to prepare the youth for regional leadership. Based on that background, the awareness on human rights through human rights education for the youth as ASEAN future leader is very important. This paper will discuss two main issues, which are (1) how the educational cooperation in ASEAN can promote the human rights awareness for the youth? ; and (2) how the common agreement on human rights education to guide awareness for the youth can be achieved by ASEAN member states? Related with those issues, this paper will also analyze the right to education as enshrined in ASEAN member states’ constitution and analyze the CRC and other human rights instruments. The main recommendation: the steps to achieve the common agreement on human rights education by ASEAN member states that will strengthen the ASEAN’s role in sustainable development to promote human rights in the region.
CREATING A SUSTAINABLE INTER-CITY ASEAN FOOTBALL LEAGUE, REGIONAL TELEVISION PROGRAMMING NETWORK, (CONTENT/IP INDUSTRY) SPORTS TOURISM AND TRAVEL INDUSTRY AND DEVELOPING PRINCIPLES FOR A LEGAL FRAMEWORK TO ACHIEVE ECONOMIC AND SOCIO-CULTURAL INTEGRATION Han, Lim Peng
Indonesian Journal of International Law
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Abstract

China is poised to be the second largest economy in the world and investment will continue flowing into its growing affluent and gigantic domestic market. It is not surprising that the total inflow of Foreign Direct Investment (FDI) into ASEAN from the years 2007 to 2009 significantly shrunk from US$74.3 billion to US$39.6 billion. In 2010 ASEAN broadcasters paid a total of US$182 million to enable 6 million subscribers to watch the English Premier League (EPL) games. ASEAN has the means to go on the offensive by creating its own Inter-City Football League consisting of 20 cities and 380 matches to be played over a ten-month period. The free-to-air live telecasts of the games can reach 139 million TV households and 89 million internet users. With an extensive audience, it is possible to earn US$45 million of TV revenue, one per cent of the total TV expenditure of ASEAN countries. Moreover, many indigenous or foreign sponsors will be interested to sponsor the tournament, stadiums, teams, and players, making a league a sustainable project. Every team has to play 19 home and 19 away matches. A sustainable intra-ASEAN sports tourism and travel industry will emerge when each of the 20 team’s players, officials and supporters travel to the 19 cities for the away matches, fostering friendly competition and social integration. The stadium in each city no longer became “a white elephant” when the operators has to organised at least two matches a month. Traditional and contemporary song and dance shows organised before every match and telecast live can entertain and education a mass TV audience for cultural understanding and later, integration. The creation of an Inter-City ASEAN Football League would lead legal issues and challenges in the formulation of sports sponsorship contracts, regional broadcasting rights, management of stadiums and governance.
TOWARDS LIBERALIZATION OF SERVICES IN ASEAN: CHALLENGES AND OPPORTUNITIES OF ASEAN FRAMEWORK AGREEMENT ON SERVICES (AFAS) ON TOURISM Widiatedja, IGN Parikesit
Indonesian Journal of International Law
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Abstract

The proliferation of liberalisation has been historically generated by the establishment of World Trade Organisation (WTO). Services sector was comprehensively regulated by General Agreement on Trade in Services (GATS). Regionally, AFAS was initially established to bolster the objective of GATS. In inward looking perspective, AFAS has underscored the increasing participation of ASEAN member states through strengthening their domestic services capacity, efficiency, and competitiveness. In outward looking perspective, it was intended to eliminate progressively any restrictions and internal governmental regulations in the transaction of services whose impact eventually emerged trade harassment. As a legally binding sector under GATS and AFAS, tourism is moving invariably to be one of the most dynamic sector of economic activity in ASEAN. Hence, it has cardinal role for sustainable socio-economic growth and the diversity in cultures, economy, and the complementary advantages across the region. This paper attempts to identify, decipher, and analyse meticulously challenges and opportunities of AFAS on tourism referring four modes of supplying services under article 1 of GATS encompassing: cross-border supply, consumption abroad, commercial presence, and natural persons presence. Intrinsically, ASEAN member states need to be strengthened and focused in achieving the target of a free trade area in services on tourism by 2015 as a pathway of anticipating liberalisation of services on tourism globally.
DIMENSIONS OF ASEAN COOPERATION IN HEALTH DEVELOPMENT OF SOUTHEAST ASIA Anwar, Arman
Indonesian Journal of International Law
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Abstract

With respect to the conditions of the health sector of Southeast Asian countries, according to the WHO, Southeast Asia was a region accounting for nearly a third of maternal and child mortality globally. This region was also an epidemic area of the HIV/AIDS. Dengue Fever (DF) was also of concern to ASEAN health officials because the number of cases remained high. Through the Yogyakarta Declaration, signed on April 2002, Health Ministers of ASEAN countries declared HEALTHY ASEAN 2020. With this vision, ASEAN was about to make the Southeast Asian region as a center for health development in 2020 and to entirely ensure the creation of a physically and mentally healthy ASEAN community, living in harmony in an environment of safe Southeast Asia region.Today, 9 years after declared, an even distribution of health development in ASEAN region showed limited progress; instead, disparity was created. On the one hand, there were countries with highly dynamic level of health development; but, on the other hand, there were countries that were sluggish. On scrutiny, the problems were not overly different, the patterns of disease were also almost the same; but, why one country could be better in the handling compared to other Southeast Asian countries. In an effort to cultural binding and with respect to the economic growth gap among ASEAN member countries, the ASEAN Charter could be maximized as a bridge and inspiration to improve solidity and commitment to assist one another and to work together, not to be individualistic, but to be more open and mutually respectful and feel as part of the real ASEAN community (awareness on ASEAN).
Islamic Law and International Law Natamiharja, Rudi
Indonesian Journal of International Law Vol. 18, No. 1
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Abstract

Page 18 of 58 | Total Record : 572

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