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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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Peran Internasional Criminal Court dan Kejahatan Terhadap Kemanusiaan Oleh Militer Sulistia, Teguh
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Human rights violations become an interesting topic in this 21st century along with emerging respects for civil rights for every violent action. Every person has freedom from persecution and violence either by militia or military force. This can be seen from the establishment of the International Criminal Court (ICC) to prosecute war crimes and crimes against humanity. These efforts are aimed to those who are violating human rights especially by the military force which they can be brought the ICC for their actions.
The FIFA Regulations on the Labor Regulations and Transfer of Player Colucci, Michele; Majani, Felix
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Like a job in general, the athletes like a footballer bend to the regulations. There are some regulations for them and their boss (clubs), in the international level there are the regulations made by Federation Internationale de Football Association (FIFA). This article is trying to analyze how the FIFA regulations about the employment relations between the club and player by taking the case from two main international arbitration court, the FIFA Dispute Resolution Chamber and the Court of Arbitration of Sport.
Implementation of the 1958 New York Convetion in Several Asian Countries: The Refusal of Foreign Arbitral Awards Enforcement on the Grounds of Public Policy Rajagukguk, Erman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards Year 1958 or better known as the New York Convention 1958 until now has ratified by 125 countries including Asian Countries, like Indonesia, China, India, Japan, Korea, and Singapore. Through this convention, the arbitral awards can be implemented in the countries where the assets executed by the mechanism from each country. So, the domestic court of the party of the convention given the rights to refuse the recognition and enforcement of the foreign arbitral awards with the reason of public order. That reasons then be the problems where the civil law system countries will interpret the public order in a different way with the common law system country.
Strategi Indonesia dalam Menghadapi Tirani Perdagangan Bebas A. K., Syahmin
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In Indonesia, the implementation of dumping policy based on the Customs Act Number 10 Year 1995 and its regulation. However, this Act was regarded insufficient, the Indonesian Government therefore created the Import and Repayment Duties of Antidumping Regulation Number 34 Year 1996. This Regulation reffered to the provisions under Article VI of the GATT 1994, which is Multilateral Trade Agreement (MTA) in the GATT/WTO system. To implement the GATT/WTO obligations, on the October 10th 2000, Indonesian Ministry of Industrial and Trade under its Provision Number 427/MPP/Kep/10/2000, established the Indonesian Antidumping Committee (Komite Anti Dumping Indonesia/KADI). This committee responsible to execute the process of acomplishment of Antidumping. Although the Indonesia Government has published a technical guidance for the economic actors to fill out complaint regarding dumping case to KADI, yet a new set of further Antidumping Regulation is needed for certainty of law.
Perdagangan Bebas (Free Trade) dalam Perspektif Keadilan Internasional Suherman, Ade Maman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International trade law is to serve as an effective vehicle for the development of a truly global social and economic policy. As is seems destined to do, there must be a clearly articulated normative framework for the analysis of international trade law as a matter of justice. Due to that argument, international trade law can not be separated from international legal system which should be built under the construction of justice theory, that heavily influenced by the development of utilitarian, libertarian, international trade law should be based on the efalitarian theory that advocared by Rawls.
Peninjauan Ulang Ketentuan Retaliasi sebagai Reformasi Aturan Penyelesaian Sengketa WTO Hernowo, Tri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Remedies system in form of suspension of concession or retaliation under current WTO rules encounters some drawbacks for developing and least developed countries. Theoretical and empirical analysis suggests that retaliation barely exercise its rataliation right as the cose exceeds the benefit. Thus, the reformation of DSU rules is crucial, especially to amend Article 22 of Dispute Settlement Understanding.
Gugatan Warga dan Tanggung Jawab Negara dalam Pemenuhan Hak Atas Pendidikan Ahsri, Muhammad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Right to education, as one of the universe human rights, has been recognized by international community as one of fundamental right. This right brings obligation to government of a State to fulfill education need to its citizens. However, there are problems to fulfill education need. This article tries to examine on how and whether citizens could establish state responsibility in right of education fulfillment. It can be argued that even though the obligation of this right has been changed from “obligation to result” to “obligation to conduct” and it was already maintained by the court, Indonesian citizens are still difficult to obtain their right upon education.
Pengakuan dan Pelaksanaan Putusan Arbitrase Asing Hikmah, Mutiara
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia has ratified New York Convention on Recognition adn Enforcement of Foreign Arbitral Awards, 1958. This convention is sponsored by the United Nations. The ratification of that convention is proclaimed in The State Gazette 40, 1981 and President Dectee 34, 1981. Recognition and enforcement of foreign arbitral awards is also governed in Arbitration Act 1999. Yet, the court desicions seem not following the written law. It can be seen from some cases in Indonesia as explained in this article.
The WTO Dispute Settlement System Issues on Implementation Dewi, Yetty Komalasari
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The dispute settlement body in the World Trade Organization (WTO) is the important element for the enforcement of rights and obligations to the party of the WTO. So, the implementation of the decision of the dispute settlement body greatly affects the existence of the WTO as a whole system. Regardless of the success of WTO in making a decision to the case between the parties, the certainty of execution of the awards is still not convinced many parties especially the winning member(s). This article will discuss about the reasons which cause the dispute settlement body awards cannot be executed. Besides, this article also analyzes the position of Indonesia against Korea in Korea Anti-Dumpuig Duties on Imports of Certain Paper from Indonesia case.
Perspektif Transaksi E-Commerce di Era Globalisasi Perdagangan Bebas dalam Hukum Perjanjian di Indonesia Alif, Rizal
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In the era of business globalization, market depends heavily in the Information Technology (IT) especially the internet which gives benefits of time efficiency to entrepreneurs. In Indonesia, however, there is no legal certainty in this matter due to pending bills in the legislative body (DPR). Further, there are many more problems related to e-commerce transactions which frequently crossing the state-borders, such as jurisdiction, choice of law and forum, validity of treaty and legal protection to the trader. This article tries to discuss and analyze those problems from the Indonesian law on agreement in order to anticipate the global business transactions through e-commerce.

Page 31 of 58 | Total Record : 572

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