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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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THE DYNAMIC DEVELOPMENT ON INDONESIA’S ATTITUDE TOWARD INTERNATIONAL LAW Agusman, Damos Dumoli
Indonesian Journal of International Law
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The paper discusses the relation between international law and domestic law in the context of Indonesia. The paper examines Indonesia’s viewpoints on international law by analysing the various stages in Indonesia’s history from its independence through the present times. The attitude of Indonesia toward international law since its independence as a sovereign state has been changing progressively, from hostility to friendly. berita terupdate saat ini in Indonesia, therefore, should shape its domestic legal system in such manner where international law acquires a proper legal status under it. It appears that the Indonesian legal system is not yet being developed into such direction.
The Controversy of Trade in Tobacco and Protection ofPublic Health, A Study of Tobacco Control Measures andImpacts on Trademark Practice: The Stricter, The Better? Suwan-in, Nattapong
Indonesian Journal of International Law
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This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the prohibition of exploiting intellectual property rights of trademark owners, TRIPS is thus unavoidably related and has been brought by tobacco companies to be against the regulations, claiming that this poses unjustifiable trade barriers to business and denying its legitimacy in corresponding to the WTO obligations. To what extent the FCTC instructs or entitles members to pose barriers on trade in tobacco basing on public health purpose? Is there any correlation between the FCTC, a framework adopted under World Health Organization (“WHO”), and the covered agreements under WTO such as TRIPS?
Facility Security Measures at Ujung Jabung Port: a Review in Terms of The International Ship and Port Facility Security Code Farisi, Mochammad; Putra, Akbar Kurnia; Ardianto, Budi; Harahap, Rahayu Repindowaty
Indonesian Journal of International Law
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Ujung Jabung is a region located in the District of Sadu at Tanjung Jabung Regency, Jambi Province, Indonesia. The area strategically lies in the Indonesian Archipelagic Sea Lane 1 (ALKI 1), which is the international trading and shipping lane. It brings about an excellent opportunity for economic development in Jambi Province. With this in mind, the Government of Jambi develops the region into a strategic area that includes Ujung Jabung Port. Based on the 2011-2031 Region’s Spatial Plan (RTRW) of East Tanjung Jabung Regency, the regency designed it to be the main port with the name of Samudera Ujung Jabung Port. The international shipping routes at the port are Ujung Jabung-West Asia-East Europe and Ujung Jabung-Southeast Asia-East Asia. Due to its international nature, the construction of Samudera Ujung Jabung Port should follow the international measures on the security of the port, shipping, and facility. As a Member of the International Maritime Organization (IMO), Indonesia is subject to international law. It ratifies the United Nations Convention on Safety on Life at Sea (SOLAS) 1974 and the auxiliary instrument of International Ships and Port Facility Code (ISPS Code). Accordingly, the construction of Samudera Ujung Jabung Port should comply with the international safety standard as written in the ISPS Code.
INDONESIAN PRIVATE INTERNATIONAL LAW:THE DEVELOPMENT AFTER MORE THAN A CENTURY Allagan, Tiurma M. P.
Indonesian Journal of International Law
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Abstract

Indonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian prevailing regulation besides AB? This writing would like to answer such questions and reviewing the Bill of Indonesian PIL. The research method of this writing is normative research to the prevailing regulation and the Bill of Indonesian PIL. The comparison research method will be made to the PIL regulation in the Netherlands to see the development of AB in its original country, particularly the three PIL’s Principles. The result of this writing is about to conclude the development of Indonesian PIL and give advises, if any, upon the Bill of Indonesian PIL.
LEGAL STATUS OF FOREIGN-FLAG VESSELS WHEN THEIR FISH-TRANSPORTATION VESSEL LICENSES HAVE BEEN REVOKED BY THE MINISTRY OF MARINE AFFAIRS AND FISHERIES Napitupulu, Velentina
Indonesian Journal of International Law
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In combating Illegal, unregulated and unreported fishing, the Minister of Maritime Affairs and Fisheries has several times issued the ministerial decisions to revoke SIKPI (Surat Izin Kapal Pengangkut Ikan)/fish-transportation vessel license. In practice, some Indonesian fishery companies charter foreign-flag vessels to be used as fish-transportation vessel. In such cases, how is the legal status of the foreign-flag vessels when their SIKPI licenses have been revoked by the Ministry of Marine Affairs and Fisheries? In many cases, after revoking the SIKPI, the Minister of Marine Affairs and Fisheries “arrests” the vessels. Could the Indonesian Government "arrest" the vessels? What are the legal risks that could possibly arise?
THE CONSERVATION OF MARINE ECOSYSTEM FROM TRAWL USAGE BY THE LOCAL GOVERNMENT BASED ON SUSTAINABLE MARINE PRESERVATION PRINCIPLE Waluyo, Waluyo; Winarno, Djoko W.; Kusumo, Ayub T. S.; Candrakirana, Rosita
Indonesian Journal of International Law
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Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen round that it will yield much more. However, the practice also threatens the life of small and young fishes as well as destroys the coral reef. The government then issued the regulation namely the Regulation of Minister on Marine Affairs and Fishery Number 2/Permen-KP/2015 about the Prohibition of Trawl and Seine Nets Usage which apply to the whole area of fisheries in Indonesia. It was one of the efforts by the Government of the Republic of Indonesia in conserving its marine ecosystem. The aim of this study was to evaluate the application of regulation to prohibit the trawl and seine nets usage based on sustainable marine preservation principle. This study was a doctrinal research applying case approach and statute approach. The study was held on several regions in Indonesia where the regulation has been enforced. The findings then elaborated with legal sources, such as Act number 32 year 2009 about Environment Conservation and Management, Act number 31 year 2004 about Fisheries, and Regulation of Minister of Marine and Fishery Number 2/Permen-KP/2015 as primary legal sources. The secondary legal sources used were journals, articles, and other relevant sources. The result showed that there is a need to establish a model for ideal implementation of the regulation based on sustainable marine preservation principle in order to conserve the marine environment as well as to increase the welfare of traditional fishermen.
Urgent Need for National Maritime Security Arrangement in Indonesia: Towards Global Maritime Fulcrum Puspitawati, Dhiana
Indonesian Journal of International Law
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Under President Joko Widodo’s administration, Indonesia’s archipelagic outlook has been re-asserted as the basis of Indonesia’s foreign policy, by introducing the concept of Global Maritime Fulcrum (GMF). GMF is aimed put Indonesia as a single maritime power with considerable diplomatic influence in becoming a central role in two vast maritime regions. The implementation requires the maintenance of three key areas national sovereignty, maritime security and regional stability. While the scope of maritime threats has been broaden, the establishment of maritime security should encompasses at least three key areas, namely settling unresolved maritime border with neighboring countries; combating illegal, unreported and unregulated fishing as well as other illegal exploitation of ocean resources; and combating maritime piracy and armed robbery at sea. Unfortunately those are the biggest problems Indonesia has over security and stability of Indonesia’s maritime. Such problems are mainly due to the lack of national maritime security arrangement. The existing national legal frameworks in maritime security issues are still very sectoral in nature. In addition, inconsistency between existing domestic legal framework with international legal framework, and a non-updated existing legal framework raised problems with regard to the law enforcement at sea. This paper analyses Indonesia’s current sectoral legal framework on maritime security towards the achievement of GMF. It is argued that in maintaining national sovereignty, maritime security and regional stability, single national maritime security arrangement is needed.
PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE RESOURCES IN AREA CHARACTERIZED BY ISLANDS Anwar, Arman; Irham, Muhammad
Indonesian Journal of International Law
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Indonesia has eight provinces that are characterized as island regions, but in the setting of marine resource management authority is equated with the continental characterized provinces. Normative provisions apply but people in areas characterized by islands have been treated unfairly. In addition, the licensing system and the distribution of funds allocated as well as unfavorable framework in the implementation of regional autonomy. National government policies are deemed too oriented to the land where it is not appropriate to the needs of the regions. As a result, they are demanding to be no laws governing special about Islands Province. Government responded to amend the legislation on local government in accommodating the interests of the islands. The setting of the DAU and DAK, also provide more financial portion to the islands. It is expected to bring changes to the community. Implementation of regionally based local autonomy, excellence spatial and local potential is a determinant factor the success of regional development framework. Development process should be done based on diversity of various aspects that also needed a different treatment in each province. Thus, the question is whether the political law of the islands is done through changes and harmonization of the local governments law to provide a guarantee of justice so the demands for legislation that specifically regulates an island province is not matter any more. This study expected to find the values of justice and the foundation to be harmonized, so there exist principle of fairness in the management of marine resources in the waters of the area characterized by islands
RECLAMATION IN THE VIEW OF THE PROTECTION OF MARINE ENVIRONMENT UNDER THE ENVIRONMENTAL LAW AND THE LAW CONCERNING THE MANAGEMENT OF COASTAL AREAS AND SMALL ISLANDS Husin, Sukanda
Indonesian Journal of International Law
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People view reclamation, both could bring positive and negative impacts to the environment and the human. Based on the pro and con statements, it is obvious that the role of laws and regulation is inevitable solving this matter and therefore the role of government is urgently needed to mediate the pro and con views on reclamation. In terms of legislation, the Government has passed several laws and regulations to regulate reclamation. This paper is intended to explore legal scheme to create a sustainable reclamation. The paper is also designed to describe the ways to create an environmentally sound or sustainable reclamation through a licensing scheme.
Sengketa antara Malaysia dan Singapura tentang Aktivitas Reklamasi Pantai di dan di sekitar Selat Johor Yusuf, Adijaya
Indonesian Journal of International Law
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Page 36 of 58 | Total Record : 572

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