Indonesian Journal of International Law
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.
Articles
572 Documents
<![CDATA[Domestic Violence (Kekerasan Dalam Rumah Tangga) Dalam Perspektif Kriminologi dan Yuridis ]]>
<![CDATA[Harkrisnowo, Harkristuti]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Domestic violence is one shape of violence that happened to certain women in the world. The major cause of this type of violence is discrimination against women as one of gender issues. Actually, problem of women's discrimination has been addressed in several law instruments, both national and international. Domestic violence is obstinate to restrain in society and is difficult to bring up to the surface for the reason that there is power relationship between victim and offender besides emotional relationship and psychological burden. This recent day, Indonesia attempts to develop a draft of national rule for protecting women from domestic violence, which called Draft on Domestic Violence Law. Unfortunately, this draft still has some lack that can raise new problems in its implementation. This article explains about a whole picture of domestic violence, the critics towards Draft on Domestic Violence Law, and alternative solution to manage problems in domestic violence.]]>
<![CDATA[Konsep Tanggung Jawab Pimpinan dalam Hukum Pidana Internasional: Kajian atas Penerapan di Indonesia ]]>
<![CDATA[Juwana, Hikmahanto]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Commander's responsibility as a legal concept has been adapted in the Indonesian legal system. The term commander's responsibility has a specific definition, however the concept has not been comprehended well enforcement agency. In Abilio's case, for example, there has been misinterpretation of the concept. The concept of commander's responsibility under international law has been confused with superior responsibility under administrative law. The article intends to clarity the understanding of the concept and how it was implemented in the Abilio's case.]]>
<![CDATA[International Cooperation On Combating Human Trafficking Especially Women And Children: A View from Indonesia ]]>
<![CDATA[Atmasasmita, Romli]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Saat ini kejahatan transnasional terorganisir berkembang sangat pesat disebabkan adanya liberalisasi perdangangan, perkembangan teknologi komunikasi yang menakjubkan, dan tekanan dari penegakan hukum yang semakin membaik hampir di seluruh negara. Salah satu kejahatan besar yang perlu mendapat perhatian adalah perdagangan manusia, khususnya wanita dan anak-anak. Untuk menangani jenis kejahatan ini, cara yang paling efektif adalah dengan melakukan kerjasama internasional. Hal inilah yang mendorong dihasilkannya United Nations Convention against Transnational Organized Crime (Konvensi Palermo) beserta ketiga protokolnya yang menyatakan dengan tegas beberapa kejahatan sebagai kejahatan transnasional. Namun tidak dapat dipungkiri, dalam kerja sama internasional yang telah terjalin, terbentar pada beberapa permasalahan disamping ditemukan beberapa kemungkinan yang perlu dijajaki untuk menangani kejahatan ini. Indonesia sebagai salah satu negara yang telah menandatangani Konvensi Palermo dan protokolnya tengah mempersiapkan instrumene rancangan ratifikasi. Sejauh ini, di Indonesia terdapat beberapa kasus perdagangan wanita dan anak-anak yang berhasil digagalkan dan diproses hingga ke pengadilan.]]>
<![CDATA[Penerapan Hukum International dalam Kasus Pelanggaran Hak Asasi Manusia Berat di Indonesia ]]>
<![CDATA[Nusantara, Abdul Hakim G.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Since the end of World War II, international law of human rights have a rapid and significant improvement so that it's become the primary source of law when state, international organization, and individual faces the human rights problems in all over the world. Efforts from the world community to improve the system of human rights protection achieve it's culmination point when the UN diplomatic conference agreed the Rome Statuate about International Criminal Court. Indonesia does not ratify that convention because Indonesia already has the law of human rights that is in the Law Number 26 Year 2000. This regulation applied to severlas cases of human rights violation in Indonesia such as Abilio Jose Osorio Soares case, Soedjarwo case, and G.M. Timbul Silaen. In those cases, the definition of "a systematic and widespread attack" becomes the main discussion. The Rome Statute applies the principle of "non-retroactive" while the Indonesian human rights law applies the principle of "retroactive".]]>
<![CDATA[The 2001 Cape Town Convention on International Interests in Mobile Equipment/the Aviation Protocol and Relevant issues in Indonesian Aviation Law ]]>
<![CDATA[Kantaatmadja, Mieke Komar]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The 2001 Cape Town Convention provides a mechanism for recognizing and recording international security interest in high- value moveable equipment. However, Law No.83 of 1958 did not mention the recording of secured private rights or security interests in aircrafts. Furthermore, Law No.15 of 1992 on Airport Transportation succeeded Law No.83 of 1958 which contained some rules on secured rights in aircraft. Chapter X of the new law no 1 of 2009 on Aviation could be regarded as the implementation of the Ratified Cape Town Convention and its Protocol. Does it mean that a national interest should be registered in the International registry, even though the aircraft object is legally owned by an Indonesian seller /lessor/creditor, but beneficially owned and operated by an Indonesian airliner/lessee based on a contract governed by Indonesian Law?]]>
<![CDATA[Perspectives on Enhancing Safety and Security in Indonesian Waters ]]>
<![CDATA[Buntoro, Kresno]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The Indonesian waters are for world seaborne trade, naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters.]]>
<![CDATA[Global Administrative Governance: Liberalization of Government Procurement in Third World Countries ]]>
<![CDATA[Suherman, Ade Maman]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Globalization and the rise of global governance are transforming the structure of International law. From the perspective of the classical, interstate consent-based international law, global governance may still appear merely as a quantitative increase in international legal instruments. On the other hand, some requirement for adoption international law is needed, particularly through a classic scheme for binding force of international law into national legal system. Classic method means that such agreement which is concluded by states. One of the interstate consent based international law is Government Procurement Agreement (GPA) which legally binding agreement in the WTO focusing on the subject of government procurement. Since GPA is a multilateral treaty administered by a Committee on Government Procurement, which includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement. In fact, the majority of member state, particularly most developing countries are not party the GPA, so there is no legal obligation to observe all the provision of GPA. It seems to be a great obstacle for developing countries to adopt the GPA provisions by several reasons In sum, global administrative governance takes some roles to reform some legal frame works in developing countries. A great contribution produced some positive legal reforms in term of the achievement of competitive and transparent government procurement.]]>
<![CDATA[Validity of Digital Signature as Evidence in Electronic Commerce ]]>
<![CDATA[Ruslijanto, Patricia Audrey]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Trade is a way to promote economy, recognized that trade is important, urge the emergence of new trading concept. Electronic Commerce is the succumbed attendance of faceless trading. Alongside the development of technology, crimes also develop rapidly. Cyber crime is the type of crime in the virtual world. Recognized this problem, the appearance of security system in cryptography is well developed. Digital Signature is the manifestation of cryptography in asymmetric cryptosystem. Ironically well problem solving of this condition is not entails with its position as evidence in electronic contract. In evidence law, the presence of digital signature is approved as evidence in electronic commerce. It based on the equality of hash function. The validity of digital signature also approved as evidence in electronic commerce based on the approval of art. 11 Law No 11/2008 on Information and Electronic Transaction, which emphasize the legal position of digital signature as valid evidence in electronic commerce. Considering the constraints that arise in digital signature verification divided into Non juridical consist of technology and cultural obstacle. In case a dispute occurs either in transnational area, the jurisdiction that used in cyberspace area need precise principles rooted from the principle of international law. These principles are: subjective, objective territoriality, passive nationality, protective principle and universality interest jurisdiction, theory of the law of the server and theory of international space.]]>
<![CDATA[Indonesian First Experiences in Delineating Extended Continental Shelf Submission to The UNCLOS ]]>
<![CDATA[Sutisna, Sobar]]>;
<![CDATA[Lokita, Sora]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The international law, in particular the Law of the Sea Convention (hereinafter: LOSC), has provided a progresive development to Indonesia in the context its territory and jurisdiction. Indonesia as one of the parties of the United Convention on the Law of the Sea 1982 has the right to establish its maritime zones in accordance with the convention. One of those maritime zones is the continental shelf. The delineation of the outer limit of the continental shelf is referred to Article 76 of LOSC. With that regard, Indonesia has just recently completed a process of the first partial submission of its continental shelf beyond 200 nautical miles (ECS) at the United Nations-Commission on the Limits of the Continental Shelf (UN CLCS). The related ECS area for the first partial submission is located in northwest Sumatra Island. The completion of the first submission brought precious experiences for Indonesia, one of those is concerning the management of maritime boundary and territory. This paper discusses the Indonesian ECS and its submission process and all related matters. In addition, this paper hopefully useful for information sharing among stakeholder, and provide a brief summary for the history of the submission.]]>
<![CDATA[Indonesia’s Archipelagic State Status: Current Development ]]>
<![CDATA[Puspitawati, Dhiana]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[A crucial, almost revolutionary, development in the international law of the sea was the recognition of archipelagic state principles within the United Nations Convention on the Law of the Sea 1982 (LOSC). The essential features of archipelagic state principle laid down by Part IV of LOSC include permission to draw straight archipelagic baselines around the outermost points of the outermost islands of archipelagos; and the recognition of the new and distinct legal regime of archipelagic water for the waters thus enclosed of a nature designed to accommodate the interests of maritime user states, that are states which carry out certain activities, including navigation, in the water areas falling under the jurisdiction of archipelagic states. Since this principle has been Indonesian national philosophical outlook even before the adoption of LOSC and provided within Article 25 (a) of the Indonesian Constitutions, it is submitted that all Indonesian national legislations related to ocean affairs should be based on the archipelagic state principles. This study looks at the legal application of archipelagic state principles in Indonesia within the framework of contemporary ocean governance principles. This paper argued that current development on Indonesian law of the sea as well as ocean governance shows less commitment to archipelagic state principles. Thus, it is submitted that archipelagic state principles should be re-stored as the basis of all ocean related legislations and governance.]]>
