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[Checkbook Diplomacy Jepang dalam Hubungan dengan ASEAN: Relevansi dan Tantangan bagi Indonesia ]]>
<![CDATA[Hadi, Syamsul]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1472.52 KB)
<![CDATA[This article would analyze the increasing of Japanese interest in its relations with ASEAN in the contemporary era, with the emerging of China, the withdrawal of substantive parts of the US presence in East Asia, and the intensification of economic integration in ASEAN. It is argued that Japan would continually use its method of ‘checkbook diplomacy’ in dealing with ASEAN, due to its inability to reformulate a new international role to adjust the international situations. As the de facto leader of ASEAN in line with Indonesian national interests as well as ASEAN regional visions.]]>
<![CDATA[Trade Union Rights in the European internal market: the Laval and Viking Cases ]]>
<![CDATA[Hendrickx, Frank]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1781.703 KB)
<![CDATA[Viking case and Laval case are two recent European Court cases regarding the right to strike. In both cases, the court concluded that the concerned strike action were in collation of EU law. This article discusses the Viking and Laval cases by putting them into perspective on how European Social Policy stands in contrast with the provision and directive on international market on the free movement of services in the European Law.]]>
<![CDATA[Komunitas ASEAN: Penyelesaian Sengketa dan Penegakkan Hukum ]]>
<![CDATA[Lestari, Hesty D.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (2034.089 KB)
<![CDATA[ASEAN will turn to an ASEAN Community by 2015. The ASEAN Community shall consist of three pillars, namely political and security cooperation, economic cooperation, and socio-cultural cooperation. It aims to deepen the ASEAN integration and to ensure durable peace, stability, and shared prosperity in the region. The ASEAN Community will also have its own legal order, which should be implemented by its member states.]]>
<![CDATA[The ASEAN Secretariat and Legal Issues Arising From ASEAN Charter ]]>
<![CDATA[Chalermpalanupap, Termsak]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (799.864 KB)
<![CDATA[There are three major issues embodied in the new ASEAN Charter. They are. Legal personality of ASEAN, previlages and immunities and dispute settlement mechanism. This article elaborates recent development of those three legal issues, as new legal tasks that ASEAN Secretariat has to carry out as the ASEAN Charter start to be entry into force. Nonetheless, ASEAN Secretariat faces many obstacles ahead particularly in building its human resources and seeking of the legal experts to carry the tasks which must be undertaken by the ASEAN Secretariat.]]>
<![CDATA[Piagam ASEAN, Legalitas Tonggak Baru, Menuju Integrasi Regional ]]>
<![CDATA[Djafar, Zainuddin]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1761.819 KB)
<![CDATA[The ASEAN Charter which was ratified on December 15, 2008 has drawn various reactions from The regional community. This writing seeks to evaluate upon what are the Charter’s strength and weakness. The Charter is indeed not a tool which can directly solve the regional problems, yet at least now Southeast Asiab owns its set of mechanism which shall bind its members legally and can be used to create regionally formal rules. The Issues and challenges which the Carter seeks to solve includes: democratization, human rights and the ASEAN single market of 2015. The diversifying socio cultural aspects as well as other issues remain as challenges in creating a common perception and recommendation for the three issues. Therefore, despite of its ratification, the ASEAN Charter must undertake a difficult test.]]>
<![CDATA[The Transparency Principle in the Framework of the WTO ]]>
<![CDATA[Addink, G. H.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1155.054 KB)
<![CDATA[In this contribution, the way in which the transparency principe – as it has developed in Dutch and European administrative law – can contribute to the realisation of more openness as regards the WTO will be discussed. The transparency principle is one of he pillar principles of good governance, principles which spearhead Dutch foreign policy. The lack of openness concerning the WTO has long been a concern of the international community and now propositions are being made – in this contribution as well – to further form the transparency principle in the WTO.]]>
<![CDATA[Maritime Security Issues in Southeast Asia, An Indonesian Perspective ]]>
<![CDATA[Wisnumurti, Nugroho]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1699.573 KB)
<![CDATA[In this globalize world the new threats to security are civil violence, transnational organized crime, terrorism and weapons of mass destruction, poverty, deadly infectious disease and environmental degradation. Transnational Organized Crime emerges into a serious threat to national and international security and stability with an increasingly adverse economic and social impact on States and civil society. This paper will discuss maritime security issues relevant to the situation in Southeast Asia, particularly in Indonesia and in the Straits of Malacca and Singapore. This article will focus on trafficking in persons in the context of maritime security and its challenges in the Straits of Malacca and Singapore. Moreover, it will also discuss Indonesia’s effort to address those issues at the national and regional level.]]>
<![CDATA[Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom di Indonesia ]]>
<![CDATA[Velentina, Rouli Anita]]>;
<![CDATA[Hayaty, Lydya]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (3008.57 KB)
<![CDATA[Improving legal certainty to attract foreign investment is very significant because it is one of very important consideration which involved in the decision to choose where to invest. In relation to legal certainty, an issue that has being discussed intensively is the investment conducted by Qatar Telecom, a big company form Middle East and a shareholder of PT. Indosat Tbk. The legal issue which arise is, Qtel would like to buy Indosat shares and increase its shares in PT. Indosat to be more than 50%. However under Presidential Regulation No. 111/2007, the maximum of foreign capital ownership limit in the business sector of telecommunication was 49%. Then, Ministry of Economic Coordinator concluded for any company that had been invested before the enactment of Presidential Regulation No. 111/2007 was governed by existing Negative List of Investment at the time the company established. This article analyzes the enforcement of Negative List of Investment regulated in Presidential Regulation No.111/2007 to the investment in the capital market.]]>
<![CDATA[TRIPS Agreement and Pharmaceutical Patent Protection ]]>
<![CDATA[Citrawinda, Cita]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1123.265 KB)
<![CDATA[Promotion and improvement protections in intellectual property rights (IPRs), particularly in the developing countries with weak tradition in the protection of IPRs has become new major factor that potentially affecting state’s ability to guarantee the access to drugs. Access to drugs is the main issue in public health, especially regarding to patent that has impact on drugs prices. This article discusses how Indonesia, as one of developing countries, can ensure access and protection of the IPRs in drugs issues.]]>
<![CDATA[The Optimization of Knowledge Resources through Tailor-Made Intellectual Property and Contract Law in Indonesia ]]>
<![CDATA[Ul-Haq, Hayya]]>
<![CDATA[ Indonesian Journal of International Law ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (4591.647 KB)
<![CDATA[This article tries to elaborate legal protection for the optimalisation of production and dissemination of sources and products of knowledge such as information, knowledge, biodiversity, genetic resources, traditional knowledge and folklore. This protection was aimed to create wider public access towards sources and products of essential knowledge particularly in the field of food, agriculture, health and education in order to ensure the living sustainability. The main issue in this article is to review the existence of exclusive rights and freedom of the contract and to elaborate the regime model of intellectual property rights and contract that is suitable to the Indonesia’s interests.]]>
