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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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INTERNATIONAL LAW AS POLITICAL INSTRUMENT: SEVERAL OF INDONESIA’S EXPERIENCES AS A CASE STUDY Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International law in its basic concept is intended to serve as legal framework for society of States. International law prescribes what is right and what is wrong; it also prescribes how State behaves toward one another; and it provides sanctions. However, the above description is international law is frequently used as a political instrument by States. It can be an instrument to exert pressure, instrument for intervening on other States domestic affairs without considered as violation and it can also be used to justify States’ actions. The present article and how Indonesia has used international law to further its national policy.
LEGAL PAPERS AND THE PRACTICE OF PROTECTING THE INTERNATIONAL PEACE MISSION PERSONNEL IN INDONESIA Iqbal, Muhammad Putra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Helsinki Memorandum of Understanding (MoU) signed in 2005 and facilitated by Finland former President Martii Ahtisaari with support from the European Union has brought peace to Aceh after 30 years armed conflict between the Government of Indonesia and the Free Aceh Movement. The EU involves both in short and long term monitoring programs. During the mission in Aceh, several serious incidents involving the use of light weapons and directed toward the EU peace mission were recorded. Indonesian domestic law acknowledges the protection must be delivered to the internationally protected person based on Vienna Convention 1961 on Diplomatic Protection and other related conventions. Would the ratification of Vienna Convention satisfy the protection for the EU peace mission? An Act on Foreign Relation enacted as legal basis for international relation including with the EU and its missions argue would be able to answer the question. On the other side, EU enacted Protocol on the Privileges and Immunities of the European Union (the Protocol) to secure its mission overseas. The protocol is a specific legal instrument within the EU legal regime that was enacted to fulfill the needs of an international legal instrument on EU’s legal personality particularly the privileges and immunities aspects. The Protocol answers a main concern on legal relation between a State and EU mission including EU peace missions. However, as a non-member State and as a matter of law, Indonesia does not ratify the Protocol consequently Indonesia does not bind with the Protocol. The Indonesia Act on Foreign Relation is considered very basic for the current condition. Consequently, different interpretation between related State organs occurred. As a result, ineffective protection for the protected person such mandated by the international law remain measured. This condition does not suppose to happen since although remain debatable, an international cooperation, an influential external power nowadays is playing very important role including in a peace process. Moreover, as Indonesia is strengthening its position within the international community, some improvements crucial to be supported.
HUMAN SECURITY, HUMAN DEVELOPMENT AND THE MILLENUIUM DEVELOPMENT GOALS Asolund, Bo; Reyes, Romeo A.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The safety from chronic threats such as hunger, malnutrition, disease and repression, also protection from sudden and hurtful disruptions in the patterns or routine of daily life are two main aspects of human security in UNDP’s view. Human security is distinct and should not be confused with the traditional concept of national securiy. Human security is linked to human development, development that is people-centered, inclusive, equitable and sustainable, for the simple reason that the latter leads to the former. If human development is the road to human security, then the MDGs are the road map guiding countries in their journey. The MDGs consists on several points, as follows: eradicate extreme poverty and hunger, achieve universal primary education, promote gender equability and empower women, reduce child mortality, improve maternal health, combat HIV/AIDS, malaria and other diseases, ensure enviromental sustainability, and last is developing a global partnership for development. There are several important stages for Indonesia’s journey to reach a human security stage.
THE ROLE OF LAW IN LABOR FIELD IN THE GLOBALIZATION ERA Uwiyono, Aloysius
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In the free market era, Indonesia (as a developing country, which has dependency to foreign investment) is under pressured by foreign investor including in the matters of regulation in the labor field. The pressing is done through the relation between standardization and international trade, which is called social clause, the place where we can dismiss the developing country’s chance to use low wages rules and soft law enforcement as cooperative advantages which at last eliminate the advanteages from international trade. Indonesia has to find out the way to solve the two big problems. First, how to make all the parties have same position in the production process for achievement of company progress and second, how to create harmonization of law in labor field between ASEAN member countries in the globalization era for preventing company relocation among ASEAN member countries themselves.
MILLENIUM DEVELOPMENT GOAL (MDG) AND NATIONAL DEVELOPMENT PROGRAM IN INDONESIA Loetan, Syahrial
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The adoption of the Millenium Development Goals (MDG) in the Millenium Summit in 2000 by all 189 member of the UN General Assembly was a defining moment for global cooperation in the 21st century. The MDG is global framework to face the challanges regarding human resources development in the world. In the Indonesian context, the question is: “do targets and indicators contained in MDG have accorded with domestic values ?” the question is relevant because the MDG will never be achieved if the MDG does not accomodate local values. Localization of the MDG must be first step to take in achieving MDG for each country. Refer to the recent condition in Indonesia, there are several problems in achieving MDG targets such as: (i) quality of human resources, (ii) infrastructure, (iii) implementation of the decentralization, (iv) slow economy recovery, (v) law enforcement, and (vi) existence of several conflict regions. Based on those conditions, achieving the targets and indicators of MDG in Indonesia is not easy. Collective effort involving international community like donors and national community like civil society, business or private sector and universities is a must.
RESISTANCY TO THE LAW ENFORCEMENT OF (ASEAN) REGIONAL HUMAN RIGHTS MECHANISM, WHAT NEXT? Dewi, Chloryne Trie Isana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Regional mechanism on the protection of human rights in ASEAN formally has been developed since 2007 through the adoption of the ASEAN Charter in 2007 and the establishment of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009. Nevertheless, efforts on the law enforcement for human rights violations committed by ASEAN citizens and/or within ASEAN territory by establishing ASEAN human rights court is hardly to achieve due to national interest of each member states. Accordingly, for the objective of achieving justice and certainty of law, cooperation among ASEAN member states should be developed through other mechanism. This article tries to identify existing situations with respect to the protection and fulfillment of human rights particularly in regards to criminal matters in the ASEAN countries. Accordingly, the article examines the responses of the Member States to the development of human rights mechanism in ASEAN. Finally, we try to propose other mechanism in regards to the protection of human rights by developing cooperation in the enforcement of international criminal law for cases related to criminal matters in particular among ASEAN countries.
Global Challenges and ASEAN: Major Politico-Legal Issues Facing East Asia Miyazaki, Takashi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

East Asia’s remarkable development and growth has had a considerable impact on the various aspects of international relations. In particular, ASEAN has played an important role in East Asia contributing to regional peace since its inception in 1967. Most East Asian nations have concentrated their national efforts on their economic development and popular welfare instead of engaging in armed conflict with their neighbor. ASEAN has thus achieved regional resilience and political influence in East Asia and beyond. Of this phenomenon, I will attempt in this article to highlight in specific terms the role ASEAN is internationally expected to play in the following four areas: 1) East Asian trade integration; 2) Prevention of global warming; 3) Trans-border movement of people including refugees; and 4) Conservation of traditional culture.
INTERNATIONAL COOPERATION ON MARINE ENVIRONMENT PROTECTION OF OIL POLLUTION FROM VESSEL (A STUDY OF STRAITS MALACCA AND SINGAPORE) Isfarin, Nadia Nuraini; Triatmodjo, Marsudi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This research is proposed to answer three problem. First, the rules of international law in the protection of the marine environment from oil pollution originating from vessel. Second, efforts were made by the three littoral countries cooperation in preventing, reducing and controlling oil pollution originating from vessel in the Straits of Malacca and Singapore. Third, the role of the government of Indonesia in prevention, reduce and control oil pollution originating from vessel in the Straits of Malacca and Singapore. This research is normative research using qualitative research methods. The research approach using statute approach and case approach. The results of this research shows that international law has been comprehensively regulate the protection of the marine environment from pollution by oil originating ships: the United Nations Convention on the Law of the Sea (UNCLOS) 1982, The International Convention for the Prevention of Pollution from Ship (MARPOL) 73/78, International Convention on Oil Pollution Preparedness 1980, the Civil Liability Convention for Oil Damage (CLC) 1992 and the Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) 1992. Second, Indonesia, Malaysia and Singapore as states bordering the straits cooperate with other stakeholders (user states, user industries, IMO, NGOs) have established a cooperation mechanism in the form of cooperative forums, project coordination committee and the Aids to Navigation Fund. Third, Indonesia through its laws and regulations have ensured the prevention, reduction and control of oil pollution originating from vessel through Act No. 17 of 2008 on Shipping, Government Regulation No. 21 of 2010 on the Protection of Maritime Environment, and Presidential Decree No. 109 in 2006 on Disaster Emergency Due to Oil Spill in the ocean.
Insurance and Islamic Law Hasanah, Uswatun
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In Islam, insurance has actually been practiced since the time of the Prophet Muhammad saw. The precursor of Islamic insurance, according to some scholars is al-diyah ‘ala al-’aqilah. Al-’aqilah is the habit of Arab tribes having been practiced long before Islam where I f one member of the tribe were killed by other tribe members, the heirs of the victim will be paid with blood money (al-diyah) as compensation by the next of kin of the killer. Next of kin of the killer is known as al-’aqilah. After the arrival of Islam, al-aqilah system was approved by the Prophet PBUH as part of Islamic law. Furthermore, al-’aqilah was contained in the Charter of Medina. In the next period, this al-’aqilah or insurance continued to be practiced by the caliphs, especially during Caliph Umar ibn al-Khattab until now. Islamic Insurance or sharia-based insurance is more nuanced with generosity rather than profit oriented. Therefore, the aspect of mutual help always serves as a primary basis of the practice of Islamic insurance. Islam regards insurance as a social phenomenon formed on the basis of mutual-help and a sense of humanity. Today Islamic insurance is growing rapidly in many countries. This suggests that Islamic insurance is quite attractive to the public in various countries. The problem is, until now there are many people including some Muslims who do not understand Islamic insurance.
INTERNATIONAL CRIMINAL COURT (ICC) IN COMPARISON WITH THE INDONESIAN HUMAN RIGTHS COURT Muladi, Muladi
Indonesian Journal of International Law
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Abstract

Membandingkan Konvesi Roma mengenai ICC (International Criminal Court) dengan UU No. 26/2000 tentang Pengadilan Hak Asasi Manusia Merupakan suatu langkah awal yang harus dilakukan apabila ada niat pemerintah untuk meratafikasi Kovensi Roma. Sebagai syarat utama meratifikasi Konvensi Roma adalah menghindari adanya suatu ketidaksesuaian antara hukum nasional yang berlaku dengan Kovensi Roma. Negara mempunyai tanggung jawab untuk melakukan penuntutan dan menyelaraskan hukum pidana dan hukum acara pidananya sesuai dengan konvensi. Konvensi Roma menyatakan "No reservations may be made to this Statute". Namun dalam UU No. 26/2000 penyelarasan yang dilakukan secara parsial telah menimbulkan suatu permasalahan dalam praktiknya. Komunitas Hukum di Indonesia sangat mengerti konsekuensi dari meratifikasi. Konvesi Roma seperti melakukan kerjasama dengan ICC dalam hal penyelidikan, penangkapan, dan pemindahan tersangka. Akan tetapi harus juga dipikirkan faktor lain seperti dimungkinkannya ekstradiksi terhadap warga negara sendiri, menjamin berlakunya yurisdiiksi universal. Dengan demikian beberapa hal yang perlu dipertimbangkan sebelum melakukan ratifikasi terhadap Konvesi Roma, agar tidak terjadi kesalahan dalam mengambil kebijakan.

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