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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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ENHANCING MARITIME SECURITY IN THE MALACCA STRAIT: COOPERATION AGAINST PIRACY AND MARITIME TERRORISM Pulungan, Rheny Wahyuni
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more than one of the three littoral states will have the right to patrol and arrest persons and vessels where there is an incident of piracy. Extra regional assistance is also necessary to suppres and prevent piracy and maritime terrorism in the Malacca Strait, however the proposal by the United States to deploy its troops to help with patrolling these straits may violate the national soverignty of the three littoral states. Therefore, the foreign assistance given by the major user states should be given in other forms such as providing more advanced technology for combating piracy and terrorism, training for personnel who patrol the Malacca and Singapore straits and sharing intelligence information to prevent piracy and maritime terrorist attacks.
REFUGEE AND EXTRADITION: COULD A REFUGEE BE EXTRADITED? Parthiana, I Wayan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Refugees are people who are basically forced to leave their homes because of security threats and threats to safety of body and soul, go to another place which he considered safer. There are refugees who fled within the territory of his own country but it is not uncommon that they cross state boundaries. But among so many refugees who cross national borders, sometimes there are some who (allegedly) as a criminal in their home country or in third countries. He used the privileged of becoming refugees in order to avoid criminal charges of the country that has jurisdiction over his crimes. These type of refugees or called illegal refugees, could be extradited as long as they met the principles and rules of law on extradition. While the legal refugees could not be extradited because they are not criminals except if recently it was discovered that they are criminals.
Promoting Smallholders Carbon Projects in Indonesia Santoso, Wahyu Yun
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

As archipelagic country comprising about 17,000 islands and spreading over a total area of 191 million hectares, the prospect of carbon projects in Indonesia are massive. Aside present carbon project activities, the chances to initiate more small scale carbon project are abundant. However, most of the attentions are given for large scale carbon projects as carbon reduction itself still considered as an exclusive interest only. Several lessons can be learn by Indonesian from other developing countries on the implementation of smallholders carbon project. This article aims to briefly describe this issue and purposedly explore the chance of promoting smallholders carbon projects in Indonesia.
PREVENTING RETALIATION IN TRADE BY HARMONIZING THE MEASURES Iqbal, Muhammad Putra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show its compliance with international standard, or in case it has other standard that considered better than international standard China obliges to proof it's scientifically better and accepted. This paper argues that harmonization as a core principle found in the SPS Agreement should be considered by all states in enacting their national regulation on food safety.
Standardization of Indonesia’s Islands Name as an Effort in Safeguarding the Republic of Indonesia Sovereignty Ardhiansyah, Agis
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In its position as sovereign state, the possession of definite territory is a must for Indonesia; as a consequence of its status as an archipelagic state therefore Indonesia has the responsibility in determining the border of its territory in map forms with sufficient scale in affirming its position. In the year 1987, Government of Indonesia submitted a list reporting the increasing amount of island from 13.667 to 17.508 when attending United Nations Conference on Standardization of Geographical Names (UNCSGN) in Montreal, Canada. At that time, United Nations responded in asking Indonesian Government to submit list of the islands to United Nations. Based on December 2007 data, reported that, from 17.504 islands scattered all around, only 6900 islands has name standardization in accordance with international standard. While the rest around 10.600 islands without standardization name which internationally recognized. The paper is aimed to raise the urgency of name standardization for Indonesia’s islands in accordance with the rules of international law and the Indonesian Government’s efforts in standardizing islands names in Indonesia. It is concluded that the efforts in standardization of island names in Indonesia ought to do, so that the remaining islands that become the part of Republic of Indonesia territorial sovereignty has an international recognition. Though there are few constraints faced by the Indonesian government in conducting islands names standardization in Indonesia, such as: lack of coordination between relevant authorities, various numbers of tribes and local languages and limited funds.
Legal Analysis of Tobacco Dispute Between Indonesia vs United States Under Wto Relating to National Treatment Principles Dewi, Sinta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article discusses the disputes between Indonesia vs United States under the WTO relating to the application of United States National Regulation on the Family Smoking Protection and Tobacco Act, 2009 in prohibiting the production or sale of clove cigarettes. Currently, WTO is to rule on Disputes and the Panel has been established to settle the disputes. The main objectives of this article to analyze national treatment principles under the WTO agreement and General Exception under Article XX WTO as one of the basic legal claims submitted by Indonesia.This article will study and analyze how far the WTO obligations will be applied in that case. The Article organized as follows, first, discuss the national treatment obligation and general exception under the WTO Rule, second, analyzing the similar cases under the GATT and WTO Dispute Setlement. Finally, the article will be analyzing the Tobacco disputes.
Perspektif Hukum dan Ekonomi atas Kerjasama Luar Negeri oleh Pemerintah Daerah Rumengan, Jemmy
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Globalization and the increase of international relations have created new actors in international community. States are no longer the only parties in international relations, nowadays local government (city/province) has become one of the actors in international relations. In this context, law has an important role to regulate the relations between local government in a state with another local government in other state. It takes national and international law to arrange that international interaction or relations. In economic perspective, international relations by local government should give a real contribution to their local community and for their state. That’s why international relations by local government can be seen from law perspective and also from economic perspective.
Status Hukum Pulau-Pulau Terluar Indonesia Oegroseno, Arif Havas
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Outer islands play important role to determine national boundaries. Legal status of ninety-two outer islands in Indonesia creates the basic law for Indonesia to be acknowledged as the Archipelagic State. Since the decision from International Court of Justice which won Malaysia over the Sipadan and Ligitan case on the basis of effective occupation, Indonesian people are having highly concerned on effective occupation. Effective occupation is an international law doctrine which arises from law of ancient Rome. Effective occupation is an administrative act without physical occupation. It can be applied to terra nullius territory. This paper discusses over the effective occupation in the case of Sipadan and Ligitan and the role of outer islands in the maritime diplomacy.
Upaya Diplomatik Indonesia dalam Penetapan Alur-Alur Laut Kepulauan Indonesia (ALKI) Agoes, Etty R.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is the first Archipelagic State which proposed the establishment of archipelagic sea lane passage as governed in article 53 United Nations Convention Law of the Sea (UNCLOS) 1982. The author opined that basic principle pf Archipelagic State is the unity of land, water, and people. This article explains the archipelagic sea lane passage based on the UNCLOS 1982. Moreover, this article describes the Indonesian efforts on the establishment of archipelagic sea lane passage, includes Indonesian diplomatic effort, within International Maritime Organization.
Current Trends and New Approches for IP Education Training and Research: (Indonesian Perspective) Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Trend in Intellectual Property Rights (IPRs) is mainly influenced by certain situation that attracts public attention. In Indonesia, Trend is more oriented on the issues regarding to the recognition and protection of genetic resources and traditional knowledge and folklore. Cases such as maize varieties, avian influenza and genetic resources have brought impact and became trend in public discussion. This article is limited to share information about Trend in IPR Education, Training and Research based on the experience in Indonesia.

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