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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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Sistem Perdagangan Multilateral dalam Kerangka WTO Suatu Observasi Terhadap “Rule-based System” Warouw, Adolf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not meet with the expected benefit out of their participation in this multilateral regime. Such situation greatly affects developing countries in the implementation and the effectiveness of WTO rules. The current round of trade negotiations needs to make correction to this legitimacy gao to ensure a fair gain from the multilateral trading system.
TRIPs and Developing Countries Purba, A. Zen Umar
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer of technology, as one of the basic principles of TRIPs. This due to the fact that investors which have grown in numbers in developed countries need protection for their inventions, which if noted, are enjoyed by the global society. On the other hand, the potential fore creativity in the field of technology in developing countries is very low. It is expected that all member states the investment sector will be greatly accelerated in the developing countries, which is very much needed.
Persaingan Usaha di Forum WTO dan Perlunya Ketentuan Mengenai M&A Waskito, Djunari I.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Two issues leading to the collapse of the 5th WTO ministerial meeting in Cancun, Mexico, are agricultural issue and Singapore Issues. There are four sub-issues on Singapore Issues, which are Trade and Competition Policy, Trade and Investment, Transparency on Government Procurement and Trace Facilitation. The issues on competition policy are some ambiguities such as the coverage of hardcore cartel provisions and the differences on the articles or business practices which can be considered as rule of reason. The most crucial on handling competition case is analyzing relevant market consisting product market and geographical market. Related to the Indonesian competition law, unfortunately the definition on the relevant market is not clear enough. Besides that, Indonesian Competition Institution to enact some guidelines issued by OECD, UNCTAD, or countries which having wide experience in handling competition cases. Up to now, the Indonesian competition law has not been completed with the government regulation on merger and acquisition. To invite the government people in the ministry of industry and trade who are responsible to prepare the said government regulation, this paper is ended with the case of merger between Boeing and MDC suffering injury for Airbus company and the practice of exclusive dealing done by Boeing-MDC.
Is the International Seabed Regime of the LOSC 1982 an Objective Regime Valid Erga Omnes? (Reviewing the Legal Status of Seabed from the Perspective of the Law of Treaties) Agusman, Damos Dumoli
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Undang-Undang Republik Indonesia Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rlghts/ICCPR (Kovenan Internasional tentang Hak-Hak Sipil dan Polltik) Oegrosoeno, Arif Havas
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia finally decided to become a Party to the tCCPR through Act No. 12 of 2005. It then entails Indonesian treaty-obligation to enforce the Covenant and submit report to the Human Rights Committee. By becoming party to the ICCPR, Indonesia re-firmed its commitment to the protection of human rights, especially civil and political rights. Many of the provisions of the Covenant are similar to the provisions of Indonesian laws and Constitution. However, there is another issue that remains to be considered which is issue concerning death penalty. Even though ICCPR does not prohibit death penalty, the recent development on the execution of death penalty in Indonesia has raised this issue to the surface once again.
Kebutuhan Perangkat Hukum Nasional dan Internasional dalam Rangka Penataan Dirgantara Nasional Abdurrasyid, Priyatna
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The need of space strategy, whether in land, in territorial water, in air or outer space, oftentimes oppose against commercial and academic need. In the other hand, also happened opposition among the need of sovereignty of international regime and territorial, which want the existence of an international rule, which specify delimitation between National and International space. The need of strategy National and sovereignty is a maximum height of national air. On the contrary, the need of international society is a rule of law which limit the minimum of the National Air Space broadness. In the end, sovereignty demand to Space prohibited by Article II Space Treaty 1967. However, state have jurisdiction to ship, airplane, installations, spaceship, which beyond its region, in international region, when the appliances have mentioned state nationality (based on Lotus Case 1926).
Penggunaan Ruang Udara Indonesia bagi Penerbangan Berjadwal Ditinjau dari Segi Hukum Udara Internasional Saefullah, E.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International air law regulates on the sovereignty of States over the airspace above their territory and how to use of such airspace for scheduled international services. The use of Indonesian airspace is subjected to national law of Indonesia. As a sovereign state, Indonesia has the privileges to grant to foreign aircraft engaged in scheduled international air services to operate commercially, from, over, or to Indonesian territory, with special permission or authorization. This article will discuss about the form and the subject matter of such permission or authorization from the international law perspective.
Praktek Indonesia dalam Pemanfaatan Wilayah Udara Tatang, Moh. Iksan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Air transportation is a global transportation, vehicles, terminals, and airways are main components of the air transportation sub-system. Vehicles, in this matter aircraft as a tool of transportation, have a global characteristic because of the high speed and wide range capability compare to vehicles of any other transportation mode. An airway is a flight lane in air space. Every aircraft, which pass the airways, has the right of air traffic services. The authority provision of giving the air traffic services internationally is provided in Annex 11 to the Convention on Civil Aviation about Air Traffic Services. The authority mentioned above includes responsibility to provide air traffic services in air space above the territory, which the state has its jurisdiction and responsibility to the aerodrome where the air traffic services are given. A state, through an agreement, may delegate the responsibility of providing air traffic services to the other states or accept responsibility mentioned above from the other states. Air space above the high seas or air space above the area that is not under any sovereignty of certain states which is the air traffic services are needed is determined in a regional air navigation agreement. Usually, Regional Air Navigation Meeting is a forum to accomplish this purpose.
Plagiat dan Pembajakan sebagai Pelanggaran Hukum Hak Cipta Damian, Eddy
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

For the last two decades, Indonesia has been participating in several international conventions, in the field of intellectual property protection. Two of the intellectual property infringements are plagiarism and piracy of protected works. A person doing an act of offering or presenting as one’s own the work of another, wholly or partly, in a more or less altered form or context is called plagiarsm. Plagiarism is an infringement in the case of works protected by copyright law. Plagiarism is not the only infringement of copyright law, as piracy in the fields of copyright and neighboring rights, but also considered as unlawful and against the law of copyright.
Penegakan Hukum dalam Kajian Law and Development: Problem dan Fundamen bagi Solusi di Indonesia Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Law enforcement holds an important role in Indonesian legal system. How strict the law is enforced will determine the existence of the law itself. Problems in law enforcement are multidimensional, vary interconnected, and have been abandoned ofr quite some time without any serious efforts to solve it. Those problems are the legislative drafting process, victory minded society instead of justice, money talks, law enforcement as political ride, discrimination, low quality and integrity of the human resources, nepotism and collusion, limited budget, and the interference of the media. This article gives an out which is a foundation of the reformation of the law enforcement with hope this solution can be comprehensive and not just temporary.

Page 32 of 58 | Total Record : 572

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