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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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HYBRID POLICING AS AN ALTERNATIVE MODEL OF POLICING AGAINTS CYBERCRIME IN THE INFORMATION SOCIETY Widagso, Kisnu; Hariyani, Orisa Shinta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Crime, within this context cybercrime, has become one of emerging features of social change. This condition generally responded with or demands of different models of policing. Current attempts in policing of cybercrime cases, despite of adequate resources in information system and technology, seemingly ignoring specific characteristics of computing environment in information society. Such ignorance resulting in weak formal social control on cybercrime, reflected on increasing number of cybercrime cases and huge numbers of unsolved cases, lack of trust in police forces, including economic and social cost that follows. So that it’s important to formulate a unique model of policing – hybrid policing, a model of policing enhanced with information system and technology, support and collaboration from stakeholders, including victims
THE PROSPECT OF INTEGRATION THROUGH INCOMPLETE CONTRACT Ausiandra, Yusuf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Law and economics (L&E) as an interdisciplinary tool bridges the realms of analytical economics and law. Albeit widely accepted as theoretically separate, the construction of international public law treaties could be paralleled at a structural formative level with private contracts. Incomplete contracting as a branch of contractual L&E permits to comprehend the dynamics of drafting an economically efficient contract and hence also international treaties. Incomplete contracting analysis hereby would be applied to the development of the Association of Southeast Asian Nations (ASEAN) regarding cooperation and the possibility of future integration from a contractual standpoint.
PERLINDUNGAN FOLKLORE: APAKAH REZIM HAK CIPTA MEMADAI? Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The government of Indonesia has given a protection for folklore in article 10 Undang-Undang Hak Cipta No. 19 Tahun 2002. It means the protection for forlklore is placed under Intellectual Property’s Regime. The protection is about the regulations of permission for using Indonesian folklore by foreigner but there are some problems occurs. Is it right or wrong to place folklore, there are no evidences to prove that a folklore belongs to, do not mind when the folklore is used by foreigner. This article is trying to give a possibility to solve those problems by seeing the folklore protection in China.
Beberapa Dasar Tentang Perbatasan Negara Sumardiman, Adi f
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In period of 50 years, until the event of Law of the Sea Conference, the development of law of the sea, especially in territorial matters, met its stabilization level for there is no important changing. A very substantial changing happened after World War II regarding the rights and obligations of countries relating to sea resources. There are three points of conclusion from the development of the law concerning boundaries of countries. First the legalization of archipelagic states principles: second, baseline to determine territorial sea; and the third, boundaries relating to neighboring states which is side-by-side or face-to-face
PIRACY IN SOUTH EAST ASIA: INDONESIAN & REGIONAL RESPONSES Djalal, Hasjim
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Piracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding combating the piracy has its own problems concerning human resources, financial resources, and facility which caused aggravation the problem of law enforcement at sea of Indonesia. Furthermore, it would cause western waters in Indonesia as basis of activity on piracy, such as Melaca Strait, Singapore Strait, Karimata Strait and South China Sea.
MILITARY COOPERATION IN THE FIGHT AGAINST TERRORISM FROM THE STANDPOINT OF INTERNATIONAL LAW Corthay, Eric
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

From the Sahel-Sahara region to Afghanistan, from Syria to the Philippines, the international community has been witnessing, for a number of years now, the establishment of military training and support partnerships, the launch of joint military operations and the formation of international coalitions which have had a recent upsurge, all of these regional having been specifically designed to fight against and eliminate the terrorist scourge. These different forms of military cooperation have been justified either by a consent or request from the territorial State, by the right of self-defense, or even by an authorization from the UN Security Council. This article’s purpose is to analyze the legal framework within which the operations must fall in order for them to be lawful and their justifications to be valid. Through the analysis of doctrinal debates, actual State practice and the decisions of the International Court of Justice, this paper examines notably the criteria that make an intervention by invitation valid, the limitative conditions of invocation and implementation of the right of self-defense, and finally the original as well as the current mechanism of collective security that has led to the establishment of peace or multilateral operations.
INTERNATIONALIZING LEGAL EDUCATION: A COOPERATIVE TOOL IN A GLOBALIZED WORLD Williams, Jamie J.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The term “globalization” has been applied to everything from economics and technology to social media and market trends. Its use has become somewhat of a cliché1, and it is almost impossible to read a treatment of globalization that does not acknowledge the ambivalence and hyperbole surrounding the term. The phrase “globalization of legal education” has the power to conjure visions of sophisticated lawyers-in-the-making jockeying for positions in transnational mega firms, or interning at international courts and dreaming of combating injustice on an international scale. It has been posited that a working knowledge of the global legal landscape is as indispensible to today’s legal graduate as a working knowledge of digital technological advances.2 Can law really be taught at a global scale, or is it still the province of domestic authority? A global lawyer may work in numerous jurisdictions, or at least one different from where they were taught. How does their education prepare them for that possibility? Can a global lawyer work in foreign jurisdictions in matters of private law? Is the “globalization of legal education” just a marketing equivocation for classes conducted in a common language, or about the international legal regime – or is there something substantively and pedagogically distinctive about the endeavor? How should global legal education translate into practice in 2015? This paper endeavors to explore the intersection between globalization of law and globalization of legal education.
PALERMO CONVENTION IN OUR LEGAL SYSTEM: PART OF OUR NATIONAL LAW OR MERELY A SOURCE OF LAW Dewanto, Wisnu Aryo
Indonesian Journal of International Law
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Abstract

Article 38 of the 2000 Palermo Convention sets out that the Convention will enter into force after a minimum requirement of ratifying or acceding States are fulfilled that is 40 countries. The Indonesian Government had signed the Palermo Convention on December 12, 2000 and had continued to ratify on April 20, 2009. Here the debate begins in regard with the legal status of the Convention that has been ratified by the Indonesia Government, whether the Convention applies for Indonesia or in Indonesia. In the era of Professor Mochtar Kusumaatmadja, treaties that had been ratified or acceded by the Indonesian Government would ipso facto be enforceable in Indonesia, therefore academics and practitioners convinced that Indonesia was a monist State even though in practice it never showed it. That Indonesia has been running the monism concept, I have repeatedly argued through my writings. It is because the constitutional law experts have defined and described some terms in a wrong way, such as the meaning of ratification of the Vienna Convention 1969, of approval of Parliament under Article 11 of the 1945 Indonesian Constitution, of ratification act set out by Law Nr. 24 of 2000 in regard with International Treaties as well as the meaning of self-executing and non-self-executing treaties. This paper would like to propose a different point of view on the practice of the Indonesian legal system in regard with treaties, especially the legal status of the 2000 Palermo Convention in our legal system. In addition to it, this paper also would like to identify the difference between the international obligations burdened by Indonesia as a State party, with the direct application of the Convention in our national courts, which unfortunately those two concepts are often associated with each other
HUMAN DEVELOPMENT AND HUMAN SECURITY: A JOURNEY TOWARDS A HUMANE GLOBAL WORLD Oratmangun, Djauhari
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The human security and human development issues are intertwined and can not be separated from the latter to the former. Those two concept’s main goals are to eradicate poverty and increase the life quality of human beings, so it has to be respected in international and national level, especially after United Nations adopted the Millenium Development Goals (MDGs) as the outcome of UN Millenium Summit 2000. MDGs’ main focuses are as follows: eradicate extreme poverty, achieve universal primary education, empower women, developing a global partnership for development. The sustainable developments in which consists of economic development, social development and protection of environment is also needed to reach the MDGs’ main goals. Moreover, to reach the main goals of MDGs, developed countries have to follow the Millenium Development Compact, in the context of providing help for developing countries to create an economic global and a fair trade system. Furthermore, it is important for developing countries to prepare theirselves to put MDGs’ main goals into their national development program.
Konsepsi Hukum Negara Nusantara pada Konferensi Hukum Laut Ke-III Kusumaatmadja, Mochtar
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia as one of the countries, which is trying to struggle for archipelagic State conception to be accept in universal scope after bilateral and regional lobbies. Archipelagic State conception has already existed since nineteen twentieth and Indonesia wants to make this conception being a part of positive law of international law of the Sea. Prof. Mochtar Kusumaatmadja as a leader of the Indonesian delegation to the Third United Nations Conference on the Law of the Sea in Caracas, make this paper to describe Indonesia and other countries effort in the Conference to put the law status of archipelagic State into a convention about International Law of the Sea.

Page 21 of 58 | Total Record : 572

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