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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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SWING THE ANGKLUNG TUBE IN THE DIGITAL ECONOMY ERA: BASED ON INTANGIBLE CULTURAL HERITAGE AND INTELLECTUAL PROPERTY RIGHTS PERSPECTIVE Rafianti, Laina; Suryamah, Aam; Putra, Afrizal Musdah Eka; Ramli, Ahmad M.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

After the UNESCO inscription of Angklung as Intangible Cultural Heritage in 2010, the responsibility of the angklung custodian is harder. Angklung is not only must exist as a living culture but must also develop. At first, the inscription of angklung is essential to ascertain cultural identity from Indonesia. Besides, intellectual property law contributes a vital key to protect the community and individuals who create copyrighted subject matter based on angklung. Double protection for angklung in cultural and intellectual property also provides double consequences. The problem is, the relation between those two related institutions is weak. Moreover, the mechanism of protection between communal and individual intellectual proper is overlapping. Although the discussion in the IGC GRTKF is still an ongoing debate, Indonesia has regulated national regulation on TCEs with its problems in implementing legislation. Otherwise, the demand to protect the utilization of Angklung is high in this rapid and massive digital economy era. This article aims to harmonize legal instruments in cultural and intellectual property subject matter to realize comprehensive protection for Angklung and determine the implementation step of protection and utilization of Angklung in the digital economy era after the inscription of the UNESCO. After mapping the legal instruments regarding culture and intellectual property, the researcher concluded that it needs a grounded implementing legislation besides the existing legal instruments. The government cannot achieve the protection alone without willpower and coordination with custodians, artists, and educational institutions in preserving and developing Angklung.
The Protection of Celebrity Name in China: After the ‘乔丹’ Case by the SPC of China Zhang, Huaiyin
Indonesian Journal of International Law
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Abstract

The Supreme People’s Court (SPC) case of ‘乔丹’, brought by Michael Jordan against Qiaodan Sports, is a landmark case over the protection of the right to the personal name in the People’s Republic of China (PRC). In the retrial proceeding, the SPC gave eight exhaustive explanations to the disputed questions and eventually reversed the lower court’s decision. After studying the judgment, this article finds that a famous foreign name can be protected by Chinese Trademark law only when it satisfies three conditions: First, the specified name enjoys a certain popularity in China and is well-known to the concerned public; second, the concerned public uses the specified name to refer to the original person of that name; and third, there has already been a stable match between the specific name and the original person of that name. Although China mainly adopts the “right to name” for the legal protection of celebrity names, the right to name is a kind of personal right, difficult to protect economic benefits derived from celebrities’ names fully. Comparing Germany’s extended protection model of personality rights and the United States model of “right of publicity,” this article suggested that China tries to introduce the United States model to protect the celebrity name’s right.
The Heterogeneous of State and State Governance: Case of Indonesian Irregular Migrants in the Netherlands Soraya, Yasmine
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The main issues of Indonesian migrant workers mostly lies on pre-departure phase, especially related to the issuance of travel document. They manipulate their data for passport application. From the bigger picture, this occurs because the high rate | of corruption within the immigration office. However, the immigration department is not solely responsible for this problem, but also with BNP2TKI (National Body for the Placement and Protection of Indonesian Overseas Wor- kers) and the Ministry of Manpower as they responsible for issuing regulations and procedures for migrant worker. Additionaly, the Department of Foreign affairs, which accommodates and oversees all Indonesian embassies and consulates abroad, also plays a role concerning the legal and political protection of Indonesian citizens. The embassy or consulate consist of officials from many departments (immigration department, department of education and cultural affairs, etc.), and they are not only responsible to the ambassador but also their departments in Indonesia. The lack of integrated legal understanding between these four departments and the imbalance of work between them could be the factors of the issues related to the rights of migrant workers. The heterogeneity of the state above and the state governance happens not only in Indonesia but also in the destination country, and migrant workers should deal with two systems of legal gover- nance which also experience transformations through time. This paper will discuss the impact of the heterogeneous state and state governance to Indonesian migrant workers in the Netherlands and how the migrants themselves navigate with these two systems.
THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING Husein, Yunus; Aziz, Muhammad Faiz
Indonesian Journal of International Law
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Abstract

Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However, achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 determines joint or provisional arrangements between disputing countries as temporary solution before reaching agreement on delimitation in EEZ. Indonesia must utilize and optimize this provision in order to combat the IUU Fishing, to protect fisheries resources and to support in achieving maritime boundary delimitation. The state already has the relevant legal and institutional framework to implement the provisional arrangement and, once, had a provisional arrangement with Australia decades ago although in the field of hydrocarbon. The arrangement was deemed as the most prominent one at that time. The experience of other countries in implementing of provisional arrangement in combating IIU Fishing, protecting the resources and achieving maritime delimitation might encourage Indonesia to utilize and optimize provisional arrangements in disputed areas.
Legal Protection for Illegal Migrant Domestic Workers under the ASEAN Regulations and its Implication for Indonesia Muthia, Arini Azka
Indonesian Journal of International Law
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Abstract

Domestic work is an essential source of livelihood for women and men in Southeast Asia and requires legal protection, including for illegal migrant domestic worker. The ASEAN Consensus on Protection and Promotion of the Rights of Migrant Worker 2017 regulates the protection of migrant workers, including illegal migrant workers in the domestic sector. This research discusses the implications of the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Worker 2017 for the ASEAN member countries, particularly Indonesia. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This research also applies the statute approach. The data are analyzed qualitatively. This research concludes that the ASEAN Consensus 2017 requires close cooperation between ASEAN countries in resolving cases of illegal migrant workers through preventive measures under national laws, regulations and policies that apply in ASEAN Member Countries. Indonesia is expected to be able to implement what was agreed in the ASEAN Consensus 2017 on national legislation and other domestic policies related to the protection and promotion of migrant workers’ rights in the domestic sector. Efforts in implementing the ASEAN Consensus 2017 on migrant workers for Indonesia can be pursued in two ways, efforts to improve internally and externally.
COMPARATIVE LAW ENFORCEMENT MODEL AT SEA: LESSON LEARNED FOR INDONESIA Dewi, Yetty Komalasari; Afriansyah, Arie; Darmawan, Aristyo Rizka
Indonesian Journal of International Law
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Abstract

Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF activity. However, each country has a separate law enforcement model, adjusting to their geographical and geopolitics condition. This article will examine the law enforcement model’s comparison in several countries and seek the best law enforcement model and a lesson learned for Indonesia.
ANALYSIS TOWARDS THE URGENCY OF ESTABLISHING INDONESIAN MARINE LAW TO ANTICIPATE TRANSNATIONAL ORGANIZED CRIME Ismail, Isplancius
Indonesian Journal of International Law
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Abstract

Indonesia is an island State that geographically consists of 70 percent of marine areas and 30 percent of the land. But there is no Indonesian marine policy, nor has any law governing marine comprehensively since ratified UNCLOS in 1982 by Law No. 17 of 1985. While the mindset of people still tend to the land. The enforcement of sovereignty and rule of law in Indonesian waters under the United Nations Convention on the Law of the Sea (UNCLOS 1982) and the regulations of Indonesia against the violations of law known as Transnational Organized Crimes has not yet been done optimally. The problem is what efforts should be made by the State to anticipate the transnational organized crime. The method used in this study is normative approach and analyzed qualitatively to produce the conclusion that efforts should be made are resulting integrated marine policy, Indonesian Marine Law, and disseminating people to change the mindset to sea.
THE OPERATION OF UNMANNED VESSEL IN LIGHT OF ARTICLE 94 OF THE LAW OF THE SEA CONVENTION: SEAMANNING REQUIREMENT Prasetya, Jeremia Humolong
Indonesian Journal of International Law
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Abstract

Rapid technological changes in the shipping industry offer advantages and present serious challenges to maritime security and safety. This is how we should respond to the emerging development of unmanned vessels, all the more so because the existing international legal framework was not developed to accommodate their operation at sea. Similarly, the International Maritime Organization has taken this seriously by forming groups to assess such operations’ compatibility with existing maritime conventions. One of the biggest challenges that unmanned vessels pose to the international legal framework concerns the sea manning requirement. This requirement is explicitly stipulated in the Law of the Sea Convention and elaborated in some conventions within International Maritime Organizations’ purview. Against this backdrop, this article attempts to answer whether the unmanned vessels operation is in contravention of international law, particularly provisions on the sea manning element of a ship. To that end, this article will (i) elaborate on the flag state obligations in Article 94 of the Law of the Sea Convention, (ii) explain and identify the Generally Accepted International Rules and Procedures concerning sea manning, and (iii) describe the efforts of the International Maritime Organization in addressing this phenomenon.
Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS Basir, Salawati Mat; Abd Aziz, Saidatul Nadia
Indonesian Journal of International Law
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Abstract

The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) provides for the delimitation of the territorial sea, the continental shelf and the economic exclusive zone. However, maritime delimitation disputes reveal that these provisions hardly occupy the central place they are expected to. This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States.
Consistency and Predictability in International Tribunals Decision on Maritime Delimitation Cases From 2009 to 2019 Farhana, Faudzan
Indonesian Journal of International Law
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Abstract

The rules of maritime delimitation are of paramount importance in the law of the sea because coastal states will not be able to effectively exercise their legal uses of the sea without definite boundary. However, as customary law, Articles 15, 74 and 83 of UNCLOS did not provide much guidance in any particular delimitation case. Meanwhile, concluded bilateral agreements had not created enough practice of law to qualify as customary law. Thus, it is left to the international tribunals to form the delimitation rules. However, cases decided by the international tribunals show a lack of consistency in applying two main methods based on relevant provisions of UNCLOS. Both equidistance and the equitable principle has been used on plenty of occasions, as well as other criteria. This study aims to examine whether the approach of international tribunals to maritime delimitation cases has become more predictable and consistent during 2009-2019. Limited to the cases decided by the ICJ, ITLOS, and PCA, the study found that there is no significant deviation from the application of Article 15 UNCLOS within the proceedings of the cases. However, the unpredictability of the decision in the Ghana/Cote d’Ivoire case shows that the Court is more focus on the consistency of methodology than principle matter. In applying Article 74 and 83 UNCLOS, the Tribunals also put more effort into ensuring a consistent methodology. However, plenty of discretion also available for the Tribunals. Although such discretion is crucial, it needs to utilise carefully to maintain the consistency and predictability of the law. Without the consistent interpretation and predictable translation of UNCLOS from the International Tribunals, it is impossible to preserve the Law of Maritime Delimitation.

Page 34 of 58 | Total Record : 572

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