cover
Contact Name
Arie Afriansyah
Contact Email
ijil@ui.ac.id
Phone
+6278880075
Journal Mail Official
ijil@ui.ac.id
Editorial Address
Universitas Indonesia Kampus Depok, Jl. Prof. Mr Djokosoetono, Pondok Cina, Beji, Depok, Jawa Barat 16424
Location
Kota depok,
Jawa barat
INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304
Core Subject : Social,
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
Perlindungan atas Merk Terkenal Winata, Frans H.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The function of a mark is not only distinguish a product from another product, but also to be priceless asset for a company, especially for a well-known mark. What is still being debated today is the definition of a well-known mark. The measure to be used is still unclear. The government really needs to be pushed to immediately issue a Government Regulation regarding well-known mark. This Government Regulation on well-known marks will not only become a proof of the government’s seriousness in protecting the owner of intellectual property rights, but it will also be regarded as the government’s effort to create a conducive condition for business actors to run their business in Indonesia.
ASEAN Charter: A New Beginning for Southeast Asian Nations Oratmangun, Djauhari
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The ASEAN leaders have signed ASEAN Charter in December 2007. A year later, this Charter was ratified by all ASEAN member states thus it become to be entry into force on 15 December 2008. ASEAN Charter reflects the internal momentum and the development of relations between ASEAN and the world. In addition, it also characterizes the common ideals shared by the ASEAN member states. This article will emphasize three subjects. Firtsly, it will examine the factors that push ASEAN member states to move toward ASEAN Charter. Secondly, it will underline the process of drafting int the ASEAN Charter. Thirdly, it will briefly discuss relevant issues which are arisen by the ASEAN Charter.
Potret Hukum Pertambangan di Indonesia dalam Era UU No. 4 Tahun 2009 Soedarso, Bambang Prabowo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

According to Blackslaw dictionary, the definition of Mining law is the act of appropriating a mining claim (parcel of land containing precious metal in its soil or rock) according to certain established rule. Basically, State is entitled full authority to explore and exploit their natural resources. In practice, State is represented by company to explore and exploit its natural resources. Therefore, State creates mining law to provide basic principles and to regulate activities on mining industry. This article provides a full picture of the Indonesian mining law industry from many aspects, start from the colonial period until the present tie.
Regulation of International Straits Djalal, Hasjim
Indonesian Journal of International Law
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Abstract

Generally this article discusses regulation on international strait which involves the straits of Malacca and Singapore. With regard to the straits used for international navigation, the 1982 UNCLOS prescribes the rights and obligations of the States bordering the straits as well as the users in transip passage. This article describes the problems of the straits of Malacca and Singapore which mainly lay on how to ensure safety and protect environment of the coastal States, Development od Cooperative Mechanism, bilateral cooperation, and new issues. In conclusion, the author share his lesson learned within the last decades on his experiences.
The International Criminal Court: An Analysis of Republican Liberalism Perspective Reza, Bhatara Ibnu
Indonesian Journal of International Law
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Abstract

The establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia is the state parties of Rome Statute 1998 but they have problems on the violators in their country. Compared to Indonesia which is not the party of Rome Statute but still has the same problem. Indonesia is intend to be the party of Rome Statute in 1998 and 2008. This article is explain how the reaction of the states, especially those who are in the internal armed conflict and in the transition period, with the new development in international law, especially human rights. Writers is using the theory of Andrew Moravcsik in his article “The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe”, where the countries is in the traditional phase to “lock in” in the international law. with that way, Moravcsik thinks the countries can not go back to the authoritarian period.
Access to Essential Medicine Issues and The Doha Declaration: contents, the legal status and the problems with implementation Utomo, Tomi Suryo
Indonesian Journal of International Law
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Abstract

The idea of the Doha Declaration was background by the protest of the developing countries who think the TRIPS Safeguards is not clear and not multi interpretation. The developing countries are trying to find a interpretation instrument to the TRIPS Safeguards that fulfill the requirements of international law, especially the Vienna Convention which set the Treaty Law and the negotiation legislative process based on the WTO decision making framework. In Doha Declaration, the developing countries reach the main purpose to find the explanation to the TRIPS Safeguards interpretation. Even in the future, the difference of the economic level, technology, and the interests of the developing countries will be the one to trigger the debate of the patent medicine protection based on the WTO provision and the influence on the essential medicine access. The best results from the debate will highly dependant to the will of the parties to find the solution which that is not taking sides to one of the state party of the WTO.
Contemporary Existance and Relevance of the Law of Use of Force, the United Nations and the UN Charter Afriansyah, Arie
Indonesian Journal of International Law
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Abstract

The increasing number of the breaking of international law especially the use of military force by the States, the regulation in military violence in international relations is not relevant anymore. Even the United Nations and the provision in the Charter considered can not face the reality in the world right now. But, that opinion can not be justified because many of the states in the world always trying to find the justification in international law for all of the action by the states.
Indonesian Labor Reform Since 1998 Uwiyono, Aloysius
Indonesian Journal of International Law
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Abstract

The development of labor law in the world essentially influenced by the newest models in industrial relations in each county. In general, there are two models, Corporatist Model/Regulatory Model and Contractual Model. The first model frequently meets in the countries whose use the civil law like France, Netherlands, Germany, and Indonesia, while the second model frequently meet in common law countries like the United States of America’s, England, Australia, and Malaysia. Based on the two theories above, this article will discuss how the development of the reformation of labor law in Indonesia especially since the reformatioan in 1998.
How Low Can Labor Law Go? Informalisation of Work and It’s Impact Upon Woman Workers in Indonesia Tjandra, Surya; Tambunan, Rita Olivia
Indonesian Journal of International Law
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Abstract

This article discuss about the development of labor law since the reformation and debating that non-formal job has been the main art of the labor law reformation from 1998, where made three new labor law, there are in 2000 and 2004. This article divided in three sections, the first is to explain about Indonesia and the labor law system in Indonesia, the second is discussing the impact of the new labor law, and the third is analyzing the impact from of the non-formal job, in this case are women and children in general, and in the East Java’s plantation project as a case.
Sekuritasasi dan Upaya Peningkatan Perlindungan Terhadap Tenaga Kerja Indonesia di Malaysia Hadi, Syamsul
Indonesian Journal of International Law
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Abstract

This article discuss about Indonesian worker in Malaysia, with point of view Malaysian and Indonesian government perspective in handling Indonesian illegal workers. In science context, problem about immigrant workers flipped away an issue about human security that have been one of the most important thing in international relations.