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[Connecting Indonesia’s Maritime Cabotage and the 1982 United Nations Convention on the Law of the Sea ]]>
<![CDATA[Kurniasari, Nilam Andalia]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1721.475 KB)
<![CDATA[On 7 May 2008, Indonesia enacted Law 17/ 2008 on Shipping (Shipping Act) which substituted Law 20/1992 on Shipping. In the new Shipping Act, maritime cabotage is scheduled to take its full effects on 7 May 2011, exactly three years after its enactment. By the scheduled time, domestic seaborne transportation in Indonesian territorial waters shall be carried out by Indonesian shipping companies, using Indonesian-flagged vessels manned by Indonesian citizens. As a result, foreign flagged vessels will be excluded from transporting goods and/or passengers between islands or ports within Indonesian territorial waters. Among the important reasons for the implementation of this principle are the sovereignty and protection of domestic shipping industry as well as Indonesia national security issues. This paper will argue that implementing maritime cabotage does not contradict any provisions in the 1982 UNCLOS. It will also show that maritime cabotage and the 1982 UNCLOS are closely related although this principle is not in the convention. The 1982 UNCLOS will advise Indonesia on the limit of its territorial waters, and thus where this largest archipelagic state in the world can exercise its maritime cabotage policy.]]>
<![CDATA[The Law of Satellite Communications: Filling in the Gaps ]]>
<![CDATA[Hagh, Amir Hossein Mesgari]]>;
<![CDATA[Karam, Reza]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (527.752 KB)
<![CDATA[The modern international system of information and communication requires equal development of satellite communications on both legal and technical dimensions. Lack of regulations of satellite communications and inefficiency of present international law concerning, for example, the issue of non-interference in national sovereignty of nations has caused some countries to encounter many problems in different areas such as cultural invasion and the decline of nations’ sovereignty by satellite communications. In this article, suggestions are offered concerning the way governments and international organizations can help deal with the shortcomings related to the law of space. First, states’ responsibilities as to enacting rightful regulations of satellite communications through treaties, regional or international agreements and reconsidering present regulations of international law are discussed. Second, the prominent role of international organizations including the UN General Assembly, the UNESCO and the International Telecommunication Union and the European Union as well as satellite organizations like Intelsat, Inmarsat and satellite regional organizations like Eutelsat, Arabsat, etc. and satellite local organizations like Insat in India and Cumsat in the United States is critically reviewed. Finally, some suggestions are offered on how to achieve parallel development of satellite communication on both technical and legal sides.]]>
<![CDATA[Legal Analysis on Interlink between International and National Instruments Towards Woman Rights in Indonesia ]]>
<![CDATA[Prihatinah, Tri Lisiani]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (750.766 KB)
<![CDATA[International instruments such as the Universal Declaration on Human Rights, the Internasional Covenants on Civil and Political Rights and Social and Cultural Rights, and the Convention for the Elimination of Discrimination Agaist Women (CEDAW) have led to what has been called a juridical revolution. Under these international instruments, the idea of all these rights including woman rights has been constitutionalized in almost all countries and practically all countries are now committed internationally to respect and ensure the woman rights of their citizens. In this paper international instruments relating the woman rights and their domestic enforceability are covered. Using juridical-normative approach, we discuss the domestic enforceability of international woman rights in Indonesia. The result showed that although women are guaranteed equality under Indonesian Constitution, considerable gaps exist between de jure and de facto equality for women. When there is a conflict within a monist approach, Indonesia tends to follow a doctrine of national law primate. In a case of instruments conflict between woman rights at national/local instruments and international one, then international instument is put aside.]]>
<![CDATA[HUMAN RIGHTS IN CONTEXT OF THE HISTORICAL NON-ALIGNED COUNTRIES’ DEBATES ON UNIVERSALISM AND CULTURAL RELATIVISM, AND CURRENT HUMAN RIGHTS DEVELOPMENT IN INDONESIA ]]>
<![CDATA[Arinanto, Satya]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (892.546 KB)
<![CDATA[Human rights issue was born as a result from Nazi Era by the occurrence of Universal Declaration of Human Rights in 1948. Human rights are meant to be universal by definition. The non-aligned countries generally consider human rights as western concept. The writer in this article is questioned whether or not other cultures have a concept of human rights. If they have a certain concept of human rights, the next question is whether or not it resembles that of the Universal Declaration. The writer finds it still difficult to build a bridge between universality and relativity of human rights concepts. Finally, the writer concludes that cultural relativity is real and an undeniable fact.]]>
<![CDATA[Proses Pemilu di Indonesia dari Sudut Pandang Pemantau Asing ]]>
<![CDATA[Santoso, Topo]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (643.054 KB)
<![CDATA[Indonesian general election 2004 is the second general election after the fall of Suharto's regime. There have been revolutionary changes on Indonesian general election law and system compare to Indonesian general election that took place during the New Order Regime. Indonesian general election 2004 got very large attention from around the world. Other state were willing to assist in election by providing international observers to closely look at the fairness, impartial process of election have been well achieved. Observation on general election means gather information on the process of election and give opinions based on information on the process of election and give opinion based on information which gathered by people that do not have any authority to intervene on the process. In contrast, Pengawas Pemilu (Indonesian General Election Observer) as a formal body which takes part on general election process has duties to observe, take reports, carry on the reports and settle any disputes. Therefore, Pengawas Pemilu has different functions and authorities compare to others. However, as long as people still do not have any confidence on the process regarding the fairness and neutrality of the general election committee, the role of general election observers is still very important.]]>
<![CDATA[Menguak Penghilangan Paksa: Suatu Tinjauan dari Segi Politik dan Hukum Internasional ]]>
<![CDATA[Reza, Bhatara Ibnu]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (735.276 KB)
<![CDATA[Enforced disappearance or involuntary disappearance is a method used by the authority of state to vanish the unwanted actors in society by doing some act like arresting without justifiable warrant or even kidnapping. The main factor of this act is the implementation of national security doctrine based on political consideration. This illegal act is not just against human rights, furthermore it makes the existence human being as a person vanish, as a result, law does not be able to provide protection guarantee. This existing illegal acts done by some government toward their inferiors are the reason why international law provides protection to society by declaring the enforced disappearance as a serious crime against fundamental rights in some international instrument such as Declaration on the Protection of All Persons form Enforced Disappearance and Inter-American Convention on Forced Disappearance. Since 1999, United Nations Commision in Human Rights has produced Draft International Convention on the Protection of All Persons from Forced Disappearance. This article addresses those issue with the picture of cases happened in Indonesia.]]>
<![CDATA[IS THERE ANY REGULATION TO PROTECT PEOPLE WITH MENTAL DISORDERS IN INDONESIA? (CASE STUDY OF PASUNG) ]]>
<![CDATA[Saribu, Eddy Imanuel Dolok]]>;
<![CDATA[Napitupulu, R.A Valentina]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1621.134 KB)
<![CDATA[The Indonesian Constitution expressly states that Indonesia is a country that is based on the rule of law. The law guarantees the rights and the obligations of every citizen. The law of Indonesia recognizes the principle of equality before the law. This principle prohibits any form of discrimination. Eliminating discrimination could support the upholding of human rights. One of the State’s duties is to promulgate proper regulation in order to protect people with mental illness from wrong treatment. “Pasung” cases in Indonesia are an example of the phenomenon of providing inhuman treatments to people with a mental illness. However, only a few such cases are published by the media Some advocacy activities are starting to be conducted in order to build societal awareness that pasung is a form of mental mistreatment that is prohibited by law and there are sanctions for offenders. Furthermore, the aim of the advocacy activities is also to build a much better understanding among law enforcers for further legal discussions and cooperation in order to handle the pasung cases with comprehensive and proper method(s).]]>
<![CDATA[THE INCONVENIENT PROBLEMS OF LAW ENFORCEMENT IN INDONESIA IN RELATION TO THE CASE OF BIBIT-CHANDRA ]]>
<![CDATA[KS, R.A Rahadjeng Endah]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1730.69 KB)
<![CDATA[In this article, the author presents a description and analysis of recent developments in Indonesian law enforcement. The leaders of Corruption Eradication Commission (KPK), Bibit S. Rianto and Chandra M. Hamzah, are currently facing legal problems. Both have been accused of abuse of authority by issuing a travel ban letter preventing Anggoro Wodjojo and Joko Tjandra from leaving Indonesia. In addition, the two KPK leaders are also accused of corruption. In the following process of police investigation, Bibit S. Rianto and Chandra M. Hamzah were arrested by the police. Legal proceedings against Bibit S. Rianto and Chandra M. Hamzah then became a national issue, and the two accused gained support from people throughout Indonesia. Efforts to arrest Bibit S. Rianto and Chandra M. Hamzah were regarded as an attempt to criminalize the Corruption Eradication Commission (KPK). In order to quell increasingly vocal protests, President Susilo Bambang Yudhoyono formed an independent fact-finding team to make clarifications in connection with the case of Bibit S. Rianto and Chandra M. Hamzah. The independent team delivered recommendations to President Susilo Bambang Yudhoyono calling for an immediate stop to the investigation against Bibit S. Rianto and Chandra M. Hamzah, among others, by reason of insufficient evidence. This case then ended with the issuance of a Termination of Prosecution Assessment Letter (Surat Ketetapan Penghentian Penuntutan (SKPP)) from the Attorney General of the Republic of Indonesia.]]>
<![CDATA[EXCLUSION OF INDIVIDUAL RESPONSIBILITY BY INDONESIA – TIMOR LESTE COMMISSION FOR TRUTH AND FRIENDSHIP ]]>
<![CDATA[Judhariksawan, Judhariksawan]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (914.962 KB)
<![CDATA[In international criminal law, there is a general principle applied that no one may be held accountable for an act that he has not performed. In the history of international humanitarian trials, there is an additional principle that nobody may be held accountable for criminal offences perpetrated by another person. But, with mandate and conclusion of Commission for Truth and Friendship between Indonesia and Timor Leste, there is no individual responsibility for gross violation of human rights.]]>
<![CDATA[Sustainable Tuna Fisheries: Indonesia Perspective ]]>
<![CDATA[Poernomo, R. Panji Raditya]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (2116.225 KB)
<![CDATA[World Fisheries encounter serious deficiency problems recently. FAO reported that overfishing cases is increasingly in numbers on international scale. However, there is a dispute as to whether world fish stock is now decreasing or not. Despite such issue is still debatable, fishery management has to be undertaken more seriously and comprehensively. Especially in the case of tuna as its world capture figure is declining in recent years. Therefore, this paper will present the status of tuna fishery in Indonesia, including issues related to tuna fishery. Moreover, this paper will also highlight law, regulations, RFMO’s resolutions and the policy of Indonesia to achieve sustainable fishery and responsible fishing in general as well as tuna fishery species in particular.]]>
