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Arie Afriansyah
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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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Catatan Mengenai Konvensi PBB Anti Kejahatan Transnasional yang Terorganisir dan Protokolnya Rizki, Rudi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

CYBER TERRORISM PREVENTION AND ERADICATION IN INDONESIA AND ROLE AND FUNCTIONS OF MEDIA Makarim, Edmon
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The objective of terrorist is to create widespread fear to the society. This issue has then direct or indirect influent to the role of print and electronic media. Nowadays, the terrorist acts are carried out not only with physical violence but also by non-physical means through the medium of internet as a global communication. The main question is, whether terror groups could be protected as part of the freedom of expression. This article discusses mainly on the prevention and eradication of cyber terrorism in Indonesia and its relations to the role and function of Media.
INTERRELATIONS BETWEEN HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW ACCORDING TO SEPARATION WALL CASE Kristianti, Wulan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

According to the ICJ, Israel has violated International Human Rights Law (IHRL) namely the right to liberty of movement under the 1966 International Covenant on Civil and Political Rights (ICCPR), the right to work, the right to health, the right to education, and to an adequate standard of living under the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC). This paper will discuss whether those norms are also covered under International Humanitarian Law (IHL) applicable in the occupied territory. It is without doubt that Geneva Convention IV in the occupied territory applies since the military occupation occurred and the victims who are the Palestinian inhabitants are regarded as protected persons. Israel has not become a party to the 1977 Additional Protocol I, consequently, those provisions do not apply unless those provisions are considered customary law.
CAN THE REQUIREMENTS OF SHARIAH LAW REGARDING CRIMINAL PUNISHMENTS BE INTERPRETED IN A WAY THAT IS COMPATIBLE WITH THE ICCPR AND CAT? Alfitri, Alfitri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Criminal law deals with the protection of public interests and values deemed to be crucial for a particular society. In Islam, these values are ascribed to the divine commands. Thus, there will be calls from some Muslims for the implementation of Islamic criminal law by the state for they believe that this is required by Islam. Can therefore the death penalty or corporal punishments required by the Shariah law be imposed by a state while they are in conflict with the state’s obligation to comply with international human rights instruments? This paper will analyze this uneasy situation faced by some Muslim countries implementing Islamic criminal law but party to the ICCPR and CAT. It aims at verifying that an extreme universalism or cultural relativism approach regarding the validity of international human rights norms on this matter is insufficient. This is because Islamic doctrines strongly influence Muslims on this matter and failure to seriously engage them will lead to rejection of international human rights instruments which are important for protecting individual rights. This paper argues that an approach that is able to reconcile the requirements of Shariah law regarding criminal punishments and those of international human rights norms is necessary.
MARITIME SECURITY IN SOUTH EAST ASIA: INDONESIAN PERSPECTIVE Ariadno, Melda Kamil
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Maritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia.
INVESTING AND PROTECTION OF INVESTOR IN STOCK MARKET Manurung, Adler Haymans
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper discusses three areas, namely investment, investors’ characteristics, and a place of investment, which is stock market. In investing in stock market, investors need to utilize funds which are not currently used so they would not worry about the decrease value that may occur in a short term. Investors need to understand the risks which can be tolerated to invest. On the other hand, investors must be protected to prevent inappropriate transactions. Regulators must endorse rules regularly revised to suit the existing condition that can satisfy many parties.
FUNDAMENTAL CHANGES OF INTERNATIONAL ECONOMIC LAW: CHALLENGES TOWARD LEGAL SYSTEM BASED ON FAIRNESS AND HUMAN VALUES Warrouw, Adolf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Economic globalization supported by the latest technology information and communication has brought major influence in the structure and substance of international law development. Such globalization leads to market integration, transportation system, and communication, which makes possible to companies, states, and individual to reach the world. This article explains on the fundamental challenges of international economic law to legal system based on fairness and human values.
PRODUCTION SHARING CONTRACT: IS IT WITHIN PRIVATE OR PUBLIC DOMAIN? Purba, Achmad Zen Umar
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Investment is always requires government attention including on the oil sector. Production Sharing Contract (PSC) is an agreement constitutes the regime of utilizing the interest of state is constitutionally used to the greatest possible extent for the prosperity of the people. PSC is part of Foreign Direct Investment (FDI) since it involves the private equity of foreign investors. Thus, PSC in one hand is a private contract and it belongs to the private domain, in the other hand, state as the owner of natural resources is act as a party in this business transaction. This paper discusses Production Sharing Contract, whether it is in private or public domain.
NATIONAL AND INTERNATIONAL COOPERATION IN THE PREVENTION AND ERADICATION OF MONEY LAUNDERING Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Prevention and eradication of money laundering, as part of the new paradigm in the effort to combat crimes, has its own mechanism in both national and international cooperation, particularly in relation to information exchange. The cooperation is pursuant to a Memorandum of Understanding, but can also be simply pursuant to the principle of reciprocity among parties. Once effective, this cooperation will strengthen the performance of Indonesian Financial Transaction Report and Analysis Center (INTRAC/PPATK) in performing its duties and exercising its authority as the Financial Intelligence Unit.
After Sale Service to Imported Goods in Realizing Law Enforcement of Consumer Protection Frederik, Wulanmas A. P. G
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The prominent issue in globalization era is the emergence of great attention to the issues of the law enforcement of consumer protection and the distribution of the incoming imported goods freely to Indonesia. The impact of open economic embraced by Indonesia causes the swift flow of goods and service into Indonesian territory. The effect of Indonesia in international economy is insignificant, but in contrary, the effect of International economy to Indonesian economy is highly significant. Consequently, the insignificant Indonesian effect on international economy causes Indonesia is having difficulty to compete in international trade. Therefore, Consumer Protection Act becomes public needs for protection and promotion of human interest as the consequence of the selling and purchase transaction of imported goods. The After Sale Service for imported goods is one of aspects covered by consumer protection as sellers have obligations to deliver the goods and is responsible for losses incurred by consumers due to use of the goods. This article would examine how law enforcement of consumer protection can be against after-sales service issues.

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