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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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Traktat Internasional dan Paradoks Globalisasi Ruru, Emmy Yuhassarie
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Since the creation of means of transportation to transfer people from one place to another, there was an indication of the ambiguity of State’s intention in international relation. State’s or Government’s motivation to interact with foreign party has always been triggered by the direct or indirect needs of such State or Government. It can be based on plenty of reasons such as expansion, trade, inexpensive human resources, negotiation, or investment reason and so forth. In many interests, State has acted or functioned as an intermediary. Following the colonization period, each State’s interaction will be based on its free will and sovereignty. Any efforts will be firmed in many international agreements or treaties. This has been emphasized by Adam Smith as ‘the natural tendency of men’, which tends to interact, trade, or exchange.
Standar Internasional tentang “Governance” dan Pengaruhnya pada Praktek Domestik Suatu Negara Ruru, Emmy Yuhassarie
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The emminent economic crisis in the past decade – in particular in Asia has signified a momentum for initiate financial reform as imposed by industrialized countries, with aims to promote resilience in international financial system, to install a pre-warning signal, and to enable to seek effective measures to resolve the financial turmoil in the future. The preventive measures among others is to encourage government policy makers to implement international standards of governance in its financial sector by method or regulation and best practices. Aside of that, globalization of international financial system inevitability brings the practice of trade and transactions across countries within its outreach, which eventually leads to domestic countries to absorb the international standards, either way.
Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak Basuki, Zulfa Djoko
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Nationality is a basic need for everyone who lives in this world because of its effect. Nobody can live without nationality. It gives protection and certainty to fulfill the needs of human being. At implementation level, nationality can bring some rights and some obligations. To convince it will run smoothly, nationality has its own rule and principle. It is different between one country and another but the principle can be categorized into two, which are ius sanguinis or ius soli. Indonesia bases its nationality rule or ius sanguinis principle, as embodied in Law Number 62 Years 1958 on Nationality. Unfortunately, ths Law is considered inappropriate for current development, especially for women and children in the fairness to gain their nationality. This article analyzes the points that must be evaluated and fixed, also gives some recommendations how to solve the problems.
Serangan Israel Terhadap Lebanon dikaitkan dengan Prinsip-Prinsip Hukum Humaniter Suwandi, Sri Setianingsih
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Israel’s attacked to Hezbollah at Lebanon has arisen international reactions because of enormoue victims caused by that action, whom mostly were civilians. International society has asked the United Nations Security Council to pass a Resolution for handling this problem based on the authority stipulated in the United Nations by United Syastes as one of the Security Council’s member, finally the Resolution contains essential element which stated that the situation in Lebanon has caused breach to international peace and safety. Security Council Resolution Number 1701 is a good starting point to change the regional reality become one goal, to keep the peace and safety in Lebanon, which has been desired by international community. Final result of this Resolution however depends on intention of the parties to comply with it because it has no sanction mechanism. Based on Article 25 of the United Nations Charter, Security Coincil’s decision legally binds all member of the United Nations, and those countries, which are not member, shoul act according to this Resolution for the peace and safety of international world.
Perubahan Piagam dalam Rangka Memperkokoh PBB Suryokusumo, Sumaryo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Yurisdiksi Negara vs. Yurisdiksi Ekstrateritorial Suryokusumo, Sumaryo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Under general principle of law, every State has exclusive jurisdiction within its own territory. The State jurisdiction would cover inter alia jurisdiction over its resident nationals and non-resident nationals, including that of the aliens, the subjects of which are now under consideration of this article. However, such jurisdiction is not an absolute one, rather it is subject to certain limitations imposed by international law. The internatinal instruments such as Vienna Conventions 1961 and 1963 for instance are both governing such limitations by creating extrateritorial jurisdiction, in which Diplomatic and Consular Missions maye exercise it in the receiving State.
Penaatan Atas Perjanjian Multilateral di Bidang Lingkungan Hidup Ishak, Inar Ichsana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Multilateral treaty in environmental area is one of the international treaty that defined in Convention on the Law of the Treaties, Vienna, 1969 as an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. However, international environmental law is tending to be considered as “soft law” rather than “hard law” because its compliance approaches. This article will discuss about the compliance measure from the international point of view because international compliance is based on the balance of advantages and consequences of a state should it participate in MEAs.
Implementation of the Code of Conduct for Responsible Fisheries in the Marine Fisheries Sector Martosubroto, Purwanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Upaya Perlindungan HKI yang Terkait dengan GRTKF di Tingkat Nasional dan Internasional: Upaya yang Belum Sebanding Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is often referred as the fifth largest country that having Intellectual Property Rights (IPR) infringements, it does however not necessarily make Indonesia as a state that does not protect IPR, since Indonesia does have several major laws on IPR protections. The fact has shown on the other hands that the developed nations are not sterile from misappropriation of those IPRs that are primarily corresnponded to the interest of developing countries such as “Genetic Resources, Traditional Knowledge and Folklore”. The conventional concept of IPR is considered unable to deliver the protection for Genetic Resources, Traditional Knowledge, and Folklore (GRTKF) because of its individualist nature. Therefore, it is highly expected there could be a better protection toward GRFTK. This paper will extract the IPR concept related to GRTKF, especially the condition in Indonesia as one of the developing country that has many interests in having protection on GRTKF.
Democratization Process in Indonesia Suny, Ismail
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The political reformation in Indonesia in 1998 has led to the amendments of the 1945 Constitution of the Republic of Indonesia that had been continually carried out into four series from 1999 until 2002. Through the amandments, the Constitution had basically amended and changed the nature and structure of Indonesia’s states institutions as well as mechanism of relationship among the state institutions.

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