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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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Hukum International Sebagai Lex Causae oleh Badan Arbitrase Komersial Internasional Adolf, Huala
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article discusses whether international law may be applied as lex causae by arbitral body. The international instrument used as comparative study are the Model Arbitration Law 1985, UNCITRAL Arbitration RUles, the ICC Rules of Arbitration the ICSID Convention and the Indonesian National Law on Arbitration. The article suggest that although international law seems inappropriate to deal with commercial matters, in certain circumstances, it is possible.
Kejahatan Korporasi Suatu Fenomena Lama Dalam Bentuk Baru Reksodiputro, Mardjono Mardjono Reksodiputro
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The economic crisis in 1997 has confirmed the Indonesian society that white collar criminality also exist in their country. The failure to bring the corporate criminals to court was caused by the difficult of the Indonesian justice system to accept that corporations can also be held accountable under the Indonesian criminal law. On the other hand, legislature has accepted that corporations (as juristic persons) can be held liable, beside the managers (as natural persons). Since 1995, law no. 7 on economic crimes also include juristic persons as subjects of the law. This has been followed by the legislature in 1963 (law on subversion), 1976 (law on drug abuse) and 1997 (law on the environment). In 1993 a draft of the newPenal Code for Indonesia was submitted to the Minister of Justice. No step have been taken yet to implement the code, which in article 44 explicitly states that corporations can be held responsible for criminal acts. With respect to a law enforcement strategy against corporate crimes, the author wishes to distinguish between organized crimes and crimes by organizations. Both can be done by or through corporation.
Harmonization of Law in ASEAN Countries towards Economic Integration Rajagukguk, Erman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Southeast Asia is a region rooted in cultural, ethnic, geographic and developmental diversity but generally viewed as a united block. The integration among ASEAN Countries becomes an avoidable demand in facing economic globalization. ASEAN Economic integration will be formed in ASEAN economic society in 2015. The economic integration among ASEAN countries emerged two problems: first, do the ASEAN countries need harmonization of law which correlates with the economic activities? Secondly, is the harmonization of law possible? This paper explores the need and possibility to increase the integration in the form of law and regulation to harmonize regional law, to allow ASEAN countries to function cooperatively and consistently among them and with the world.
Roles of the Mutual Legal Assistances and Extradition Agreements in the Assets Recovery in Indonesia Ginting, Jamin
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International agreement is a considerably important prerequisite to effectuate the recovery of assets generated by corruptive practices abroad. Mutual Legal Assistance (MLA) and Extradition is a frequently applied instrument in International law between states as the keystone of understanding for the assets recovery. There are several MLA and Extradition agreements that have been carried out by The Government of Indonesia with the other countries in the framework of asset recovery generated by the Criminal Acts particularly the corruption the corruptions however the MLA’s implementations has not been genuinely optimal, not only in extraditing the perpetrators to be and trialed in Indonesia but also the assets recovery generated from criminal acts. These have obviously indicated that the role of MLA agreement must be carefully observed in the formulation notably concerning the substances and other provisions regulating the implementation of the agreements in order to be concluded by the signing states occur of the MLA and Extradition agreements.
LESSON LEARNED FOR ASEAN FROM THE INTEGRATION OF HUMAN RIGHTS IN THE EUROPEAN UNION (THE EU) Rachminawati, Rachminawati
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Human rights are one of the EU’s tools to integrate its member states as well as its citizens. The integration of human rights into EU law and policy build the concept of “the new EU” which is to establish “economic space” together with the space of liberty, justice and security which is implemented in the third pillar of the Maastricht Treaty .EU experience shows that the integration of human rights into their law and policy not only enhance the protection of human rights and democratic legitimacy but also economic, social welfare and peaceful life. Integration of human rights demonstrates the possibility of a plural nation which have a background of century-old conflicts to become one strong institution. The EU and ASEAN follow a similar path of regional integration. The success of the EU integration includes human rights integration and has made the EU a model for ASEAN integration. Despite, their differences, the ASEAN can learn the positive contribution of integrating human rights in the EU as the ASEAN is moving from economic cooperation to other related areas including human rights through ASEAN Community in 2015.
Indonesia Air Space Liberalization towards ASEAN Community 2015 Arafah, Adhy Riadhy
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

ASEAN integration gives consequence in regional and national aviation. As a part of ASEAN Economy Community (AEC) programme, ASEAN Aviation proclaimed Open Sky as a policy for liberalization. In addition, the policy has dramatically implication in Indonesia aviation market including passenger, destination and facilities which Indonesia is not ready yet. Air space liberalization covers 3rd, 4th, and 5th freedom of the air and some soft right for facilities. For Indonesia these are no easy to face it. Indonesia government with all the limitation has to analyze and raise the capability of its human resources and facilities with international standard. In the other hand, Singapore with Singaporean airlines and some facilities are ready for enforcing the item of this policy. Furthermore, ASEAN integration should have seen from whole aspect, not only political reason as a tool for achieving international recognition but also the readiness of the members.
The Protection of Domestic Industry through Safeguards Instrument GATT/WTO and Its Implementation on Downstream Steel Industry In Indonesia Johan, Eva
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

World Global Crisis causes all trade world find difficulties. There will be increasing particularly import product in a country, including to Indonesian market. This getting worse by the implementation of free trade agreement between ASEAN member and China in the form of ASEAN China Free Trade Agreement (ACFTA). Steel as national strategic industry is a vital industry for developing country like Indonesia, so government should protect it against incursion of import products. Indonesia as member of WTO can use GATT/WTO safeguards instrument to protect domestic downstream steel industry from increasing import of downstream steel product. The protection for domestic industry through safeguards GATT/WTO instrument in Indonesia executed under trade security instruments, namely President Decision (Kepres No. 84 Year 2002) and Act 17/2006 (UU No. 17 Year 2006). Therefore, this article analyzes: first, how to protect domestic industry through safeguards GATT/WTO instrument in Indonesia and, how does implementation of safeguards instrument has protecting Indonesia domestic downstream steel industries.
THE REFOULEMENT PRINCIPLE AND ITS RELEVANCE IN THE INTERNATIONAL LAW SYSTEM Riyanto, Sigit
Indonesian Journal of International Law
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Abstract

The principle of Non-Refoulement is a concept that is very well known in the framework of international protection applicable to refugees and or asylum seekers. Non Refoulement is a concept in which State shall not expel or return (“refouler”) a refugee or asylum seeker in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. The principle of Non Refoulement is generally relevant to the protection of human rights, especially in relation with the freedom of torture or cruel, inhuman or degrading treatment or punishment. In the context of international refugee law, the principle of Non Refoulement is a fundamental concept and considered as the back-bone of the whole frameworks of international protection for refugee and asylum seeker. This article discussed three aspects relevant to the principle of Non Refoulement, namely : the existence of such a principle in the existing international legalsystem, the character of the principle of Non Refoulement as Jus Cogens, and the condition of which the benefit of such a principle may not be applied. It is obvious that the principle of Non- Refoulement has been accepted by international community as explicitly established in international legal instruments and consistently implemented in the practice of State and the relevant international organisations. Such a principle is accepted by international community and gained ground as Jus Cogens in the international legal system, consequently States individually or collectively shall not derogate in a manner whatsoever, otherwise it is modified by a subsequent norm of general international law having the same character.However, should there are reasonable grounds, the benefit of the present principle may not be granted to a refugee.
PROSECUTING ACTS OF TERRORISM AS CRIMES AGAINST HUMANITY UNDER THE ICC TREATY Galingging, Ridarson
Indonesian Journal of International Law
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Abstract

This article explores the possibility of prosecuting terrorism as crimes against humanity under the ICC treaty. Even-though terrorism is not explicitly mentioned as a crime that falls under the jurisdiction of the International Criminal Court, it can however be adjudicated at the ICC by interpreting it as included in Article 7 of the Rome Statute. Article 7 of the ICC Statute can be used as a legal basis for prosecuting terrorist acts if the acts fulfill the Article’s general requirements. The text of the Rome Statute does not need to be amended in order to encompass acts of terrorism.
The Obligation to Ensure the Conformity of International Treaties with the Constitution Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Ever since its Independence, Indonesia has acceded to numerous international treaties. Indonesia’s accessions to international treaties are done by signature, and there are treaties which undergo a ratification process legalised by a Law (Undang-undang) or a Presidential Regulation (Peraturan Presiden). This article will review the various aspects related to the need of ensuring the conformity of international treaties with Indonesia’s 1945 Consitution. Firstly, this paper will discuss why the conformity of international treaties acceded by Indonesia with Indonesia’s 1945 Constitution needs to be ensured. Discussed next is Indonesia’s practice in acceding to international treaties. Then, the paper will consider the possibility of instruments of ratifications both in the form of Law and Presidential Regulation being judicially reviewed by the Constitutional Court or the Supreme Court and its implications. Lastly, this paper will elaborate the steps Indonesia must take in the future. In practice, there are no actual process to ensure the conformity between an international treaty and the Constitution. The government should review every international treaty that would be acceded by Indonesia so that its conformity with the Constitution is ensured.

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