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Arie Afriansyah
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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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Indonesian Case on Illegal Migrant Ariadno, Melda Kamil
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia has faced the problem of illegal immigrants for a long time, especially with the rise of war in other countries or other forms of oppression against a party who then makes them leave the country with the hope to live in another country better off than where they originated. The issue of "illegal migrants" itself has gained a lot of international attention as well as international talks that discussed the problem and how to overcome it. Policies and mitigation measures carried out so far can not address the problem of illegal immigration effectively, which force Government of Indonesia to accommodate those who are awaiting receipt of the status of refugees ("Refugee") and the opportunity to leave to Australia. It requires comprehensive and effective arrangements in tackling this includes identifying relevant agencies that should cooperate in the supervision and law enforcement action
Women's Right Protection in Cultural and Environmental Sector Hikmah, Mutiara
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Indonesian society is a patriarchy society, where female’s roles in society, national, and country life are not apparent because they have always been dominated by men. This is reflected in almost all laws products passed by the legislative committee. Furthermore, the summary of female rights protection in Human Rights Law that includes 7 life sectors , does not regulate protection of female rights in culture and environment. This might be a threat to society life, especially to female in culture and environmental sector.
Legal Reform Project, Access to Justice and Gender Equity in Indonesia Alfitri, Alfitri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article is to discuss the impact of legal reform project between Indonesian and Australian government in assisting women, the poor and those living in remote areas to access the judiciary in Indonesia. Through the program access to the Religious Courts for divorce cases, for example, women are able to document their role as female heads of household. The document is necessary to facilitate access to the Indonesian Government pro-poor programs such as cash transfers, free health treatment, subsidized rice or enrolment of children at state schools. This article argues that the access to justice program in Religious Courts has positive impacts on gender equity development in Indonesia. This argument is based on AmartyaSen’s conception of development that must go well beyond “the accumulation of wealth and the growth of gross national product and other income-related variables.” Thus, the process of development is really all about removing “the unfreedoms” from which the members of society may suffer. Access to the Religious Courts program for women, the poor and marginalized groups, which was initially supported by the Australian Government through its agencies, has “opened” Indonesian government mind on how to address obstacles in removing “the unfreedoms” of gender discrimination caused by the family laws.
Access to Justice for Indigenous Peoples In International Law Wardana, IG Agung Made
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The status and rights of indigenous peoples have been recognized by international law. However, there remains debatable whether or not such recognition has been translated into providing access to justice to such peoples when their rights are violated. Therefore, the research has been conducted to examine the extent to which international law allowing access to justice for indigenous peoples given that state remains the dominant subject in international law and in some countries the state itself seems to be reluctant to recognize the status and rights of indigenous peoples in its territory. It shows that several mechanisms can be used by indigenous peoples under the international legal system in the context of access to justice although they are argued to be insufficient in securing the status and rights of indigenous peoples as such mechanisms are very fragmented and practically challenges.
A Multilateral Regime for Space Resource Exploration and Utilization Yun, Zhao
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The launched of Sputnik marked the beginning of space race. Since then state always tries to develop its technology to conquer outer space, including its natural resources. Outer Space Treaty and Moon Agreement affirm that outer space as the common heritage of mankind. Therefore, any states can not claim sovereignty over the territory nor natural resources. Yet, in 2015 the United States passed the Space Resource Exploration and Utilization Act which authorize its private entities to exploit and entitles them with series of rights, including the right of ownership over space resource. Thus, this paper examines the concept of the “common heritage of mankind” (“CHM”) in the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement) and elaborates on the possibility of a multilateral regime for space resource exploration and utilization. Part 2 discusses the concept of the CHM and its application; it then followed by an in-depth analysis of the future multilateral regime in Part 3. Part 4 concludes that a multilateral regime, instead of a unilateral regime, shall be in the best position to balance the needs for space resource exploration and the interests of developing countries.
Impacts of IPRs Basic Provisions in CPTPP on Technology Transfer and Innovation - Suggestion in Indonesia Quoc, Nguyen Phan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Visually Impaired Persons and Access to Copyrighted Works: The Indian Roadmap Girish, Anjana; Vaidyanathan, Saraswathy
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating access to copyrighted works to visually impaired persons. It argues that although India has hit the mark in drafting suitable legislation, there are deficiencies in its implementation. Therefore, as the first country to ratify the Marrakesh Treaty, effective implementation of the provisions is needed to make it an illustrious example to the world.
The Implementation of the Traditional Cultural Expression (TCE) Protection in Indonesia Based on Article 38 Law Number 28 of 2014 regarding Copyright Purwandoko, Prasetyo Hadi; Sulistiyono, Adi; Hawin, M.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of Governmental Decree concerning TCE but this draft has not been promulgated.
RETHINKING NUSANTARA INDONESIA: LEGAL APPROACH Buntoro, Kresno
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

As one of the proponents of the archipelagic State concept, Indonesia considers the archipelagic State regime as Nusantara. Indonesia believes that the waters surrounding the islands considered an integral part of the island and part of its State territory. However, Indonesia seem to realize that Nusantara has to adopt the international community interest such as providing sea lanes of communication and addressing the challenges ensuing from conducting activities within its waters and surrounding. These balances of interest stipulated in the provision of the United Nations Convention on the Law of the Sea 1982 (LOSC). Indonesia seems very satisfied when the archipelagic state concept has been adopted in the LOSC, but there are many issues exist when discussing the implementation of the Nusantara.
LEGAL POLICY OF INDONESIA’S AIR TRANSPORTATIONS HUMAN RESOURCES DEVELOPMENT IN FACING ASEAN ECONOMIC SOCIETY 2015 Lestari, Endang Puji
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Legal policy of development and the provision of law flight human resources belong to national transportation policy subs-system. Legal policy contained in Act No. 7 of 2007 about RPJP puts the development of air transportation as one of the parts of the national facilities and infrastructure development. In the regime of flight law, human resources management is arranged in separated sections that belong to the national system development. The scope of human resources development and setting provision are as follow, human resources planning (manpower planning), education and training, expansion of employment opportunities, as well as surveillance, monitoring, and evaluation. The politic of legislated development setting and the provision of human resources that are made through delegated legislation above require further policy in form of three ministerial regulations as follow, ministerial regulation of the human resources provision and development in flight field, ministerial regulation of education and training in flight training, and ministerial regulation of competency certificate, licensee and training program.The writer advices the transportation ministry to realize in short time those three ministerial regulations which already have basic delegated delegation as the solution to face ASEAN open sky policy.

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