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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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Perlindungan Hak-Hak Perempuan dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional tentang Hak Asasi Manusia Hikmah, Mutiara
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Mixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly.
Permasalahan WNI Baik TKI Maupun Non-TKI Adamhar, Ferry
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

It is commonly perceived that a State is obliged to provide protection to its citizens, especially those who are having troubles abroad. The Government of the Republic of Indonesia, through the Department of Foreign Affairs and other related Governmental Bodies, has been continuing to upgrade its policy in this field. Based on the Department’s experience, providing protection to Indonesian citizens abroad could be very complicated, especially those who are not covered by official documents. In the last two decade, Indonesia saw increasing problems that involved its citizen abroad. This trend needs a comprehensive solution. In general the cause of these problems in inept management of sending workers abroad, for example, some workers are sent abroad without understanding their contract or without proper preparation training. Consequently, these workers do not comprehend their rights. These workers are keen to be abused by the employer. Providing protection for Indonesian citizens abroad, especially workers, depends on two issues. First, the recruitment process and the procedures of sending the workers. The business does not stop by recruiting and sending the workers, but also making these workers fully aware of their rights as well as the terms and conditions of the job. Second, the domestic situation that influences the effectiveness of providing the needed protection. It needs a well-coordinated policy among related governmental bodies in Indonesia in order to provide best protection for the Indonesian workers abroad. The Indonesian representatives abroad could not execute their duty well in providing protection if the well-coordinated policy does not exist. In dealing with these problems, there are things to do. These include improving the management of employment, empowering the workers by giving proper training and informing their rights, as well as strengthening the coordination among governmental bodies related to this matter.
International Law on Marine Pollution from Ballast Water Efanie, Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Introduction of non-indigenous (alien) species in ballast water from ships are one of the greatest threats to marine ecosystem worldwide. New approaches to prevent and reduce the release of Alien Invasive Species (AIS) from ballast water are under consideration nationally and internationally. Problem that arise from this kind of pollution not only has impact on environmental, but also in some aspects like health, shipping and biodiversity. Based on this matter, IMO as the responsible organization about marine matter, adopted a new convention namely as The International Convention for the Control and Management of Ships’ Ballast Water and Sediments on February 2004. The legal framework on ballast water comprises a complex of interconnected provisions.
IOR-ARC (Indian Ocean Rim-Association for Regional Cooperation) Djalal, Hasjim
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Kebijakan Penanganan Internally Displaced Persons (IDPs) di Indonesia dan Dunia Internasional Susetyo, Heru
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In Indonesia, the concept of Internally Displaced Persons (IDPs) has not obvious enough and become the basis of thought yet. It can be seen from the regulation that regulate the IDPs which none of those regulations uses IDPs terminology. Another provides evidence is no regulation in act level regarding IDPs. The best regulation regarding IDPs in Indonesia is Presidential Decree Number 3 year 2001. The consequence of this condition, IDPs problems could not handle properly. Contrary condition with International, there are several instruments can be apply to resolve the IDPs problem such as the 1951 Refugee Convention, the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War, The Second Additional Protocol 1977. The protection of victims of non-international armed conflicts, and The Guiding Principles on Internal Displacement (Guiding Principles). International bodies dealing with IDPs, like UNHCR could not directly access IDPs in Indonesia because of state sovereignty. This article is trying to provide the big picture of IDPs condition and the policy in Indonesia relating to the international law.
Reformasi Perserikatan Bangsa-Bangsa (Beberapa Usaha Indonesia) Suny, Ismail
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

United Nations, as the biggest international organization, is in the middle of doing internal reformation regarding the structure enlargement of the Security Council. Indonesia, as the biggest moderate Moslem country in the world is proposed itself to be seated as one of the permanent member of the Security Council. It is expected that this movement will influence the development of international law either directly or indirectly. This article contains a discussion about the writer’s experiences during his appointments as the representative of Indonesian government in several experiences during his appointments as the representative of Indonesian government in several international conferences concering human rights and use of the rule of law to keep the world peace and secuity. The discussion has given a better picture of strong background of the Indonesian role and participation in peace keeping and in guarding the world law order.
HaKI dan Masyarakat Lokal Indonesia Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

There are several substansial problems remain on intellectual property rights in the local society of Indonesia. The needed for protection of intellectual property did not come from the civil society itself but from the pressure of external factor. Intellectual Property Regime is also known as capitalistic regime and that is the problem. The protection is given to the one who own the right, not for the real author. The characteristic of intellectual property is to protect individually. In the other hand, the background of local society of Indonesia, which consists of many tribes, lived based on communalistic. The opposite of concept did not avoid Indonesia for taking a step into ratification of international instruments of intellectual property rights protection. The reason behind is the position of Indonesia as a developing country which has powerless bargaining position put side by side with developed countries. This article attempts to offer another point of view to find out what is the real matter, the root of the problems, why intellectual property regime can not be implemented well in Indonesia.
Putusan MI atas Pulau Sipadan dan Ligitan Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Agresi Dalam Perspektif Hukum Internasional Suryokusumo, Sunaryo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The end of Cold War, marked by the collapse of the Soviet Union’s communism has brought about the new political phenomenon. This phenomenon has given the impact not only to the dimension on international relations, but also, which even more important, to the evolution and progressive development of the world organization such as the United Nations. The application of a great mandatory sanctions under Chapter VII as for instance, which was never practiced during the Cold War period, had given a lot of legal perplexities, particularly the three components of that Chapter, namely action with respect to threat to the peace, breaches of the peace, and the last is the primary important, that are acts of aggression. Moreover, on the consideration of the question of ‘war of aggression’ constituting one of the International Criminal Court’s jurisdictions in the drafting of Statute of Rome, had been inconclusive, and no progress had been made. This article, therefore, may contribute to further development of the analysis of the core problem.
GATS dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan dan Kepentingan Warouw, Adolf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Trade in sevices, far more than trade in goods, is affected by domestic regulations. Many services sectors are highly regulated to ensure a certain level of quality, to protect consumers, environment, public health, or to pursue other social goals. Domestic regulations of all kinds can be drafted and applied in ways that directly or indirectly undermine international trade commitments. Trade rgeime would therefore seem to have legitimate interest in disciplining the use of such regulation. GATS aims at trade liberalization and expansion of trade, hence its central concern is to make sure that national regulation does not create unnecessary barriers that would impede implementation of such objectives. On the other hand, GATS recognizes the rigts of WTO members to regulate and to introduce new regulations on the supply of services in order to meet national policy objectives. The mixed objectives of trade liberalization and national regulation do create potential conflict that leads to the question of what is the main objective of GATS and the role of national regulation. National regulation provides a range of legitimate objectives of multidimensional nature which deserve proper recognition within GATS regime. It requires necessary autonomy and flexibility to respond effectively to social and economic objectives. Multilateral disciplines must therefore be crafted carefully to ensure the appropriate balance between those two opposing objectives.

Page 39 of 58 | Total Record : 572

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