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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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OCEAN LAW IN TIMES OF HEALTH EMERGENCY: DEEP SEABED MINING CONTRIBUTIONS AND ITS FEAR OF OVEREXPLOITATION de Almeida, Laisa Branco
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found some essential biomedical breakthroughs derived from hydrothermal vents involved in treating disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical discoveries pressure the International Seabed Authority (ISA) into strengthening its global rules on mining exploitation beyond areas of national jurisdiction (ABNJ). This paper presents a general evaluation of the existing legal system of deep seabed mining. It highlights that, increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation, pressuring the international order for a more coherent and effective mining exploitation system for the next decade. The analysis of international legal frameworks for the Law of the Sea is notable. However, there are still substantial gaps in deep seabed mining’s global governance, expected to commence soon, as ISA rushes to approve a new international mining code. The result supports a transparent mining exploitation process in ABNJ, facilitating cooperation between sectors and between countries, fostering equitable sharing, and preserving the fragile ecosystem.
ASEAN SYNERGY TO OVERCOME CHALLENGES IN INVESTMENT ARBITRATION Herliana, Herliana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Cambodia, Indonesia, Lao, Malaysia, Thailand, and the Philippines, have been sued by foreign investors through international investment arbitrations (IIA). No matter whether the outcome is favorable or not, those countries have spend significant time, energy, and financial resources to arbitrate. ASEAN countries are not in advantageous position in IIA.The first and the most obvious reason is language barrier. Arbitration proceedins are mainly conducted in English. Consequently, the arbitrators and counsels more often than not come from English speaking countries. Not only do they lead to high cost, but also they lack of familiarity with South East Asia’s social, politics, economic, culture and customs. This may influence how they treat the cases such as the interpretation of provisions specifically designed to protect foreign investors such as: national treatment; fair and equitable treatment; most favored nation; and also in deciding jurisdictional issues. regional news as a legal basis for foreign investment activities aim to provide protection for foreign investor. On the other hand, it also serves as a mean to facilitate economic development in the host states of investment. Unfortunately, BITs often contain excessive and limitless protection clauses in order to attract foreign investors. This may endanger host states position as it can be used as a weapon by the investors to sue the host states. In responding to this fact, it is necessary to strengthen cooperation among ASEAN members in dealing with foreign investors through BIT. The ideal picture will be that SEA is pro-market and pro-arbitration reform. It is unavoidable that in order to protect themselves from harsh investors as well as intricate arbitration, ASEAN would be better off having its own investment arbitration center run by its experts. Thus, the short-term challenge is to equip legal practitioners, business players and academicians with more knowledge, skills and experiences in dealing with investment disputes. The long-term step will be to negotiate model of investment treaties applicable in the region and to harmonize national investment laws. These efforts are strategic opportunities for ASEAN as single market to keep balance between promoting investment, protecting investors and the host states at the same time.
CRIMINAL LIABILITY OF PUBLIC OFFICIALS FOR ILLICIT ENRICHMENT: COMPARING APPROACHES OF THE USE OF INDIRECT METHODS OF PROOF IN INVESTIGATING ILLICIT ENRICHMENT IN INDONESIA AND THE U.S. Susanti, Laras
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In recent years, the international community has come to recognize the power of investigating illicit enrichment for uncovering corrupt offenses. The Inter-American Convention Against Corruption (IACAC) and the United Nation Convention Against Corruption (UNCAC) are two international conventions that address the issue of illicit enrichment. berita internasional in Indonesia, as a signatory of the UNCAC, does not criminalize illicit enrichment as the UNCAC recommends, but it does require public officials to submit financial disclosures, which may be used by the Indonesian Corruption Eradication Commission (KPK) to strengthen the evidence in corruption prosecutions. This system has not worked, however, because there is no criminal or civil prosecution for failing to file financial disclosures, or for giving false statements within those disclosures; further, there is no specific methods of proof to use in investigations. As a result, there has been significant debate over whether Indonesia should criminalize illicit enrichment, consistent with the recommendation of the UNCAC. Part of the debate centers on concerns about the rights of defendants and the threat of individual rights regarding presumption of innocence. Drawing from the U.S. approach to investigations in tax evasion and financial disclosure cases, this paper recommends that Indonesia avoid criminalizing illicit enrichment, and instead establish civil and criminal prosecution of financial disclosure system for fail to file and give false information, and incorporate indirect methods of proof for illicit enrichment investigation that may find evidence to strengthen corruption prosecutions.
FREEDOM OF EXPRESSION AND RIGHT TO PRIVACY IN THE EUROPEAN UNION: THE RIGHT TO PHOTOGRAPHS PRIVATE PROPERTIES Sudharto, Alifia Qonita
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The debate to make a balance between exercising the freedom of expression and the right to privacy has never reached a global consensus, even among the European Union member states. In relation to the copyright law, there are no prohibitions or limitations in taking photographs, but the right to privacy has to be taken into account. The problems between the act of taking photographs and its limitation regarding the right to privacy have been increased to a new level with the development of copyright law, called the freedom of panorama, which might allow taking photographs of private properties without having to gain prior consent.
Sasi and Its Relation to the Economic Development and Marine Preservation (Case Study: Raja Ampat) Adiastuti, Anugerah; Hartanto, Heri; Utomowati, Rahning
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Raja Ampat, West Papua, Indonesia, is one among many marine tourism spots such as Derawan, Bunaken, Wakatobi and Tiga Gili. Raja Ampat is known for its diversity, rich coral reefs and marine resources. Raja Ampat’s characteristic is not only based on their beauty of marine natural resources but also its tradition, culture and living indigenous law. The existing indigenous law in Raja Ampat is called “SASI”. This tradition and living law has an important relation in sustaining tourism activities and the variety of marine activities that can be carried out in the ocean, particularly in marine protected areas on Raja Ampat. This writing is meant to analyze Sasi; to examine Sasi and its relation to economic development; and to analyze the impact of Sasi’s implementation on marine preservation for marine sustainability. It appears that Sasi’s implementation as the indigenous living law on Raja Ampat offers positive advantages including restoration and livelihood of the marine environment (incorporating with their marine natural resources). Therefore, the existence of Sasi on Raja Ampat is able to maintain the economic progress and marine environment sustainability.
THE DISCRIMINATION UNDER THE PRINCIPLE OF NATIONAL TREATMENT UNDER THE GATT AND THE GATS: DE FACTO OR DE JURE DISCRIMINATION Mahfud, Mahfud
Indonesian Journal of International Law
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Abstract

Both the GATT and the GATS provisions have the same points of view on defining discrimination as an unequal treatment given to foreign providers compared to treatment given to domestic providers. Discrimination under the national treatment of the GATT and the GATS is considered as a practice that prevents foreign providers from enjoying all comfortable facilities that are given to domestic providers. Non-discriminatory application in both provisions might also be interpreted in the market access issue. Moreover, it is not considered as discrimination of national treatment of both provisions if it concerns on laws, regulations, or requirement regulating the procurement by government agencies. Both provisions use likeness and treatment no less favourable test in order to determine whether or not there is a discrimination against foreign products or services or services suppliers. There are several distinctions of discriminations between the principle of national treatment under the GATT and the GATS. The discrimination under the principle of national treatment of the GATT has general application to all trade in goods. On the other hand, the discrimination under national treatment obligation for trade in services under the GATS only applies if commitments have been scheduled. It can be concluded that the discrimination of national treatment under the GATT and the GATS seems to be de facto discrimination because both provisions do not provide the sufficient measures in order to find a violation. It results from; the GATS national treatment is derived from traditional concepts of the GATT that the application of the national treatment of the GATT is adduced by the GATS.
ASSET BASED COMMUNITY DEVELOPMENT AS A METHOD TO STRENGTHEN ASEAN ECONOMIC COMMUNITY Wicaksono, Setiawan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia as ASEAN member already binds to ASEAN Economic Community as consequences of Indonesia membership. It means, Indonesia have to apply the liberalization in goods trade whether for import goods or for export goods. As a goal and based on the goal set up by ASEAN Economic Community, the single market should be the way to prosperous people economic. The question is how to achieve this goal instead of pushing or destroying local goods from export goods. It needs to straight up the vision, back to previous goal, and take action to strengthen power or advantages from goods and from AEC system. One of the ways to achieve it is with Asset Based Community Development. This paper will analyze Asset Based Community Development as a means to strengthen ASEAN Economic Community. In Part I, this paper will examine the concept of ASEAN Economic Community. Part II will analyze further on what are the steps of Asset Based Community Development required in intensifying ASEAN Economic Community, and Part III is conclusion.
DOCTRINE OF REBUS SIC STANTIBUS AND LAW OF INTERNATIONAL TREATY Suraputra, D. Sidik
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Rebus Sic Stantibus doctrine becomes a dispute as a result from reckless application of States, started from the period towards 1914, to escape from burdensome treaties, and it continued to the period between the First and the Second World War. Rebus Sic Stantibus principle has been applied by many countries and it has been accepted by the majority of international law experts as part of international law. Even though there was a debate about the doctrine application. oktrik The first commentary said by applying negative form would make the fundamental change of circumstances principle. On the other hand, it is not the duty of legislation to define the scope of the fundamental change of circumstances principle, and this duty is granted to law. In the end it depends on the consideration of interested government body in terminating international treaties.
Borders and Boundaries: Importing Asset Recovery "Duty Free" in Transitional Justice Processes Maguchu, Prosper
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

As new conflicts emerge, transitional justice practitioners are finding it increasingly imperative to incorporate the concepts of asset recovery into transitional justice processes and mechanisms. However, for its success, the pillar of transitional justice relating to international asset recovery needs strengthening. Yet a granular understanding of this dimension remains a critical blind spot in the transitional justice and human rights conversation. This paper brings the dynamics of asset recovery as an emerging aspect of human rights law to the fore. In terms of methodology this paper relies on Sharp’s critically motivated problem-solving theory. The paper suggests that for transitional justice to be holistic it should include asset recovery in its accountability mechanisms. Hopefully, it humbly contributes a new angle toward the understanding of what transitional justice can and could become.
EVALUATION OF CREATIVE ECONOMY REGULATION AND IMPLEMENTATION IN INDONESIA AND ITS RELATION TO ASEAN MEMBER STATES (AMS) IN ORDER TO EFFECTUATE CREATIVE ASEAN RELIABILITY Adiastuti, Anugrah; Primasari, Lushiana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Competitiveness in trade activity does get higher time after time. It can be seen from the powerful competitive products either from quantity or quality aspects. ASEAN as one kind of regionalism throughout the world has affected into international trade flows development. The sector that cannot be forsaken is culture industry and creative economy. Through creative economy development, it influences states economic transformation which is can be perceived from the upgrading state qualification, based on World Bank system, for instance Singapore and Malaysia. It becomes important due to the creative economy development is not only limited to trade in goods circulation but also happening on trade in services, intellectual property rights and investment. In accord with those circumstances, this research intends to evaluate the creative economy regulation and implementation in Indonesia and its relation to ASEAN Member States (AMS) either for people to people connectivity, physical connectivity, institutional connectivity and/or resources connectivity in order to be contemplated as standard regulation considerations of creative economy protection in ASEAN. Ultimately, based on this evaluation, it could achieve Creative ASEAN reliability for enhancing economic growth and income in ASEAN.

Page 35 of 58 | Total Record : 572

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