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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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Counterfeiting in China: A Great Challenge in Intellectual Property Protection Lusita, Lusita
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Counterfeiting is an increasing problem for Intellectual Property Rights (“IPR”) protection throughout the world. Counterfeiting activities are generally related to trademark infringements as the counterfeiters are trying to generate instant benefits from the established trademarks around the world by using such marks without consent. Counterfeit products manufactured in People’s Republic of China (“PRC”) might be considered as the greatest evidence of IPR law contravention. The national government has not been successful in decreasing the large number of counterfeiting cases. Therefore, in this article, the counterfeiting in the PRC will be examined initially in order to verify the fundamental concerns and the significantly influential factors in combating counterfeiting. Possible solutions are suggested and considered along with the other issues so that counterfeiting problems may gradually be reduced within the country.
Statement on the Third United Nations Conference on the Law of the Sea in Caracas, July 15th 1974 Kusumaatmadja, Mochtar
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

WHAT IS THE RIGHT, ARCHIPELAGIC SEA LANES AND PASSAGE? (ACCORDING TO UNCLOS 1982 AND PRACTICE) Lestari, Maria Maya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Right, Archipelagic Sea Lanes, and Passage are a new concept in international law of the sea, which only exists and applies to archipelagic states. This concept was born as a result of world recognition of the existence of an archipelagic state. Indonesia is the only archipelagic state in the world to apply this concept. Therefore, using doctrinal research will be studied of definition, historical background, and law regarding the concept of the archipelagic sea lanes, which has been approved by the United Nations Convention of the Law of the Sea 1982 (UNCLOS 1982). This paper also describes all states’ rights to cross the archipelagic sea, archipelagic sea lanes passage as a lane, passage as an activity to get through from one and another part of the high seas, or exclusive economic zone.
RESPONSIBILITIES OF STATES SPONSORING PERSONS AND ENTITIES WHO CONDUCT ACTIVITIES IN THE INTERNATIONAL SEABED AREA Kinanti, Fatma Muthia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The exploitation of seabed has been regulated in the international sea law regime, namely in UNCLOS 1982 and in its modification regulations, the 1994 Implementing Agreement. This regime regulates the sponsorship mechanism whereby companies wishing to carry out activities in the international seabed must cooperate with states participating in UNCLOS 1982. In addition to providing obligations to companies, the international sea law regime also imposes obligations on the sponsoring state. This obligation is related to the steps that the participating states must take to ensure that no violations or damage occur during the project. This article will discuss the legal relationship between the contractor and the sponsoring state, specifically the extent to which the sponsoring state is responsible for the activities of the sponsoring contractor in the ISBA region. To answer this question, the following will be examined: the provisions of the international maritime legal framework, UNCLOS 1982 and related international regulations and examine jurisprudence in related cases, especially in the Advisory Opinion provided by ITLOS in the cases of Responsibilities and Obligations of States sponsoring persons and entities with respect to activities in ISBA (2010). It was found that the international legal framework regulates the state’s responsibility to ensure that no violations or damage occur during these activities. The Advisory Opinion then provided specific restrictions on the extent to which the “responsibility to ensure” must be carried out by the state and whether the state may be liable to pay losses due to damage caused by the activities.
SOVEREIGN IMMUNITY OF NON-COMMERCIAL GOVERNMENT VESSELS AND DUE REGARD: CHINA COAST GUARD IN THE NATUNAS Mangapul, Joy Henri; Idris, Idris; Dewi, Chloryne Trie Isana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese fishing vessels, which were escorted by China Coast Guard (CCG) vessels. Consequently violations by Chinese vessels would hamper Indonesia’s exercise of enforcement jurisdiction against Chinese fishermen caught committing illegal, unreported and unregulated fishing (IUUF), thus violating Indonesia’s sovereign rights and jurisdiction. This article discusses to what extent sovereign immunity applies to non-commercial government vessels, and whether they can be subjected to coastal state jurisdiction, should they hamper the exercise of coastal state’s enforcement jurisdiction within its EEZ. The article applies normative legal research by utilizing applicable regulations, theories, and existing practices. Sovereign immune vessels are required to pay due regard to other states, including coastal state. Activities constituting ‘abuse of rights’ jeopardizing coastal state’s exercise of enforcement jurisdiction will result in their flag state responsibility being invoked by the coastal state. This article recommends peaceful settlement of dispute through bilateral means, or multilateral means in the spirit of the 2002 Declaration of Conduct by pursuing a regional fisheries agreement.
The Echoes of International Human Rights Law: In Perspective of Law Enforcement Dimension to Deal with Irregular Immigrants in Indonesia Indra, Muhammad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International human rights laws in the forms of United Nations Statues, International Conventions, Universal Declaration on Human Rights and other international law instruments have highlighted a guarantee of humanitarian protection which echoing human rights components without exception inborn to human being in particular refugees as the subject of international law. In managing minimum standard of rights and duties of a refugee and the judicial status of refugee under the protection of UNHCR and IOM humanitarian efforts within Indonesian territorial jurisdiction it is required the all of refugees and asylum seeker abide to national regulation and legislation formats while they are residing temporarily in Indonesia Until currently, the policies of Indonesian Government in dealing with and handling or doing management efforts for the arrival of refugees and asylum seekers in Indonesia, have not emerged yet. Considering the challenge on how to deal with asylum seekers and refugees be categorized as irregular immigrants, this issue needs mitigation effort by formulating the Directorate General of Immigration’s policy to be more focus and comprehensive to cope with adverse negative impacts of the existence of illegal immigrants undergoing to the matters of ideology, politics, economy, social cultural extend, national security and immigration compliance.
Open Skies Policy: The Developing Countries Point of View Wiradipradja, E. Saefullah
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The concept of open skies policy is an international policy concept which aims to liberalize of rules and regulations on international commercial aviation industry. For developed countries, by allowing air carriers unlimited market access to its partners’ markets and the right to fly to all intermediate and beyond points, open skies agreements provide maximum operational flexibility for airline alliances. They may have the best opportunities, as they will be able and in the best position to offer the best product to the better part of the air traffic market. On the contrary, for developing countries, open skies policy may cause more harm to the interests of airlines than bring economic gains to the countries. Further, it will lead to a domination of the international air transportation market by the biggest and most developed countries that finally it will return the situation to monopolistic system. To take care of emerging needs, it would be more appropriate to periodically renegotiate the existing bilateral agreements.
Growth and Development of Air and Space Law Abdurrasyid, Priyatna
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The article provides a brief background on the development of air and space law from the historical perspective. It concludes that the scientific discipline of air law can be dissected from several elements, namely geographical elements, temporal elements, personal elements, material elements, and functional elements. With regard to space law, the article provides its scientific development and its ramification to other disciplines, most importantly telecommunication law.
Consignment in Land Acquisition Hutagalung, Are S.; Sationo, Triska
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper provides an overview of land acquisition for public interest projects with a focus on a specific aspect of the process: the consignment of the compensation payment in court when an affected land owner rejects the compensation offered by the government institution that requires the land. Consignment has become a common practice in cases where the government and land owner can not reach a mutual agreement on land compensation during the negotiation time frame established by regulation. The first part of this paper presents some general facts about consignment and how it is regulated in Indonesia. The second part describes some current cases of consignment in land acquisition. The third part clarifies some parts in the current regulation which cause delays to land acquisition and have negative social effects especially related to consignment. The last part of the paper suggests some policies which may facilitate land acquisition in Indonesia.
The Obligation Not to Pollute: From Corollary of State Sovereignty to The Right to A Decent Environment Ruozzi, Eliza
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The paper deals with the evolution of the principle of international environmental law prohibiting the use of the territory of a State for activities which may damage the territory of another State. This principle started to develop in relation to strictly trans-boundary situations as a sort of corollary of the well-established principle of sovereignty of States over their territory. In the last decades, international law has been increasingly faced to contexts in which pollution concerns resources over which States have no jurisdiction, such as the atmosphere. Therefore the question arises as to whether these elements - as evidence of practice and opinion juris – form the basis of a customary duty to preserve shared resources or, vice versa, if the legal problems inevitably associated with the protection of res communes omnium prevent the birth of a customary principle. A further evolution of the principle might consist in the duty not to pollute the environment in absolute terms, thus implying the prohibition, for the State, to damage its own territory. This formulation would, contrarily to what observed with respect to the first version of the principle, contradict the dogma of national sovereignty over population and territory; still, the existence of this evolution is supported by different elements. In the first place, the existence of international instruments protecting certain resources independently from their location. Secondly, the growing presence of a human right to a decent environment in legal instruments pertaining to different subsystems of international law. The jurisprudence of international tribunals confirms this tendency, therefore suggesting the idea of the protection of the environment per se is becoming one of the aims pursued by the international community.

Page 19 of 58 | Total Record : 572

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