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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 IMPLEMENTATION FAIR TRADE SYSTEM BASED ON THE NATURAL POTENCIAL RESOURCES IN EFFECTIVE AND EFFICIENT WAYS THROUGH THE ASEAN FREE TRADE ERA S, Dian Nawastuty
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesian economic development’s dimension in free trade zone era will held upon to form the development pillars frameworks. The Indonesian development pillars which are : to pull the destitution out, to absorb the man power, and to develop the economic. However, the main problem to held the development pillars frameworks is the barrier in pulling the destitution out. Pulling the destitution out which are mean by the writers team in these article especially for the traditional farmer. These statement is counted also for the farmer whom works at the place with a lot of natural potential resources . These place with a lot of natural potential resources cannot give any of economic’s benefit. The incapacity of the place with a lot of natural potential resources to solve the people’s problem of needs caused the rate of destitution in Indonesia getting higher every year. In free trade zone of ASEAN’s frame work it is necessary to held some new brand penetration to support the new program by created fair trade system. These fair trade system should be based on the natural potential resources of Indonesia. To find the best solution to solve all of the matters above, the writers team using the normative judicial’s approach method in puposed to knowing and to describing the implementation of fair trade system based on natural potential resources effective and efficient ways trough the free trade zone era.
FEASIBILITY OF SUSTAINABLE DEVELOPMENT BY CLOUD COMPUTING IN ASEAN REGION Tehrani, Pardis Moslemzadeh
Indonesian Journal of International Law
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Abstract

One of the most vital societal challenges of the 21st century is sustainable development.The rapid development and application of information technology (IT) is a global trend with significant implications for sustainable development. According to the findings of global action plan, electronic devices such as computers, laptops, and mobile devices account for 2% of greenhouse gas emissions worldwide. This figure cannot be reduced without effortsfromcompanies that support the “green IT” concept. Long-lasting products with low-energy consumption can save energy. However, green IT products have no international label. Even thoughseveral companies have developed certain labels, monitoring their quality remains difficult, and a guideline for quality checking is needed. Cloud storage is one of the methodsthat can reduce energy consumption. The main goal of the ASEAN community is to leverage on sustainable development in the ASEAN region through enhancing cooperation among member states in different aspects of life. In doing so, the ASEAN attempts to facilitate information exchange among member states which would be facilitatedby cloud storage. Therefore, creating a policy guideline is necessary to enable member states to mandate the use of large computing centers for companies to ensuresustainable energy savings. Companies typically use old servers that consume a significant amount of energy inefficiently. Thus, they need to set up fewer servers with highly efficient output.The purpose of this study is to consider the relationship between cloud computing and sustainability within the ASEAN region and to formulate a suitable legal framework for promoting cloud computing it amongmember states. This paper also aims to examine how ASEAN can encourage member states to utilize the cloud computing technology through legal frameworks thatare intended to reduce power consumption in the information and communication technology departments of various organizations.
PRAKTIK NEGARA-NEGARA ATAS KONSEPSI NEGARA KEPULAUAN Agoes, Etty R.
Indonesian Journal of International Law
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Abstract

Since the succesful adoption of archipelagic state principle in the UNCLOS that was basically sponsored by states whose territory mostly consists of island or group of islands surrounding by sea, there are only nineteen countries out of twenty-four countries that can be considered as archipelagic state, that have enacted their domestic regulations governing their policy toward their sea territory. It can be said further that Indonesia is the only one of nineteen countries who has its domestic regulation in purpose to honor the obligations under Convention on the Law of the Sea 1982 (UNCLOS) and to build strong relationship with international organizations. Based on those facts, it seems that the successful of adopting the regime archipelagic state in international law arena has not been well followed by the support of domestic regulations beacuse of some kind of barriers in each country. Indonesia has to be patient for waiting other countries to handle out their problems and then implement their obligations like Indonesia does.
PERKEMBANGAN PENGELOLAAN PERIKANAN GLOBAL Martosubroto, Purwito
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Global fisheries production has been marked by the fast growing pattern of capture fisheries production. During the last five decades marine fisheries production demonstrated an increase of nearly 500% or an annual average increase of 4.5%. this spectacular increase raised a global concern since it accompanied by overexploitation of resources in various parts of the world ocean. This concern has led to a series of negotiation in international arena that resulted in the formulation and finally adaption of the Code of Conduct for Responsible Fisheries in FAO in 1995. Elaboration of the implementation of the Code brought about the formulation of International Plan of Action (IPOA) burning issues of priority for which member countries of FAO are encouraged to translate it into National Plan of Action (NPOA). Four NPOA has been available including IPOA for sharks, for seabird bycatch in longline fisheries, for fishing capacity and for IUU fishing. Regional Fisheries Organization (RFO) in recent years has tasked to deal with management of living resources that do not respect administrative boundaries, such as some species of tuna and small pelages. Some of the fish resources exploited by the Indonesian fishers move across EEZ into high seas for which it falls within the responsibility of regional fisheries organization to manage. Indonesia is therefore encouraged to join such RFO to assure active participation in the management of the resources. Nonetheless, the administrative bureaucracy has hindred the process.
Praktik Pembederaan Kembali (Reflagging) pada Kapal Penangkap Ikan Ariadno, Melda Kamil
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The issue of fishing vessel has been a major concern in the coastal state such as Indonesia. In fact it has been considered a serious matter to be governed and regulated in international law regime. United Nations Convention on the Law of the Sea (UNCLOS) 1982 has enacted that there shall be conservation measures especially in regard to highly migratory fish stocks and straddling fish stock. Unfortunately, there is fraudelent practice of fishing vessel to do a “reflagging” as a means to obtain the right to fish by ignoring the conservation measures upon fisheries resources in the high seas. There are at least four major international measures that have been formed by states to address these problems either directly or indirectly, those are The Agreement to Promote Compliance with the International Conservation and Management Measures by Fishing Vessels on the High Seas (1993 FAO Compliance Agreement), The Agreement for the Implementation of the Provisions of the 1982 UNCLOS Relating to ther Conservation and Management of Straddling Stocks and Highly Migratory Fish Stocks 1995 (UNIA 1995), Code of Conduct for Responsible Fisheries (CCRF) and International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA IUU).
Indonesia: Problem Encountered in Some Unresolved Boundaries and the Outermost Island Issues Agoes., Etty R.
Indonesian Journal of International Law
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Abstract

Within the framework of national integrity the ocean possesses two key aspects that is, of security and prosperity. The demarcation of the outer limits of national mari- time territory and jurisdiction including delimitation of boundaries with neighboring countries will provide a legal basis for a number of marine activities such as defense, fisheries, navigation, seabed and subsoil exploration and exploitation, marine tourism and others. Boundary issues for Indonesia, whether on land, at sea even in the air, have always been a matter of national priority. At present, Indonesia still have some unresolved boundary delimitation with its neighboring countries. The completion of the boundary of Indonesia's maritime territory and jurisdiction shall also ascertain Indonesia's maritime authority as an independence and sovereign state, provides security for the whole nation, and the fulfillment of strong economy through the utilization of marine resources. This paper would examine various factors affecting the delimitation of maritime boundaries, legal status of the boundary of maritime territory and jurisdiction of Indonesia, the out- ermost islands issues, and boundary delimitation process.
Once More Unto The Breach: Some Thoughts on the Future of the EEZ Rosiers, Guy Des
Indonesian Journal of International Law
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Abstract

By public international law standards, the Exclusive Economic Zone (EEZ) maintains a relative newcomer, the product of State practice following the end of the Second World War and multilateral negotiations culminating with the entry into force, in November 1994, of the 1982 United Nations Convention of the Law of the Sea, In defining the EEZ, the Convention has created a sui generis legal regime over vast areas that were previously part of the high seas. Neither Grotian nor Seldenian in spirit, the EEZ regime forgoes the absolute language of territory and sovereignty in favor of discrete sets of rights and obligations, leaving many legal and practical questions unanswered. The modest aim of this paper is to highlight a few of the gray areas that have since emerged, by reference to recent State practice,
Geographical Indications under International Intellectual Property Law: An Indonesian Perspective Warokka, Mariana Molnar Gabor
Indonesian Journal of International Law
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Abstract

There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi Gayo, being registered overseas as trade mark by foreign companies. Consequently, local farmers are prevented from exporting their traditional products using their own local name. In the context of international economic law, this paper is aimed at discussing three related issues, namely, what are the remedies available to Indonesia under international law to protect its GI products from misappropriation; second, to what extent can these legal remedies be expected to be effective in resolving the issue; and third, to what extent would signing the Lisbon and/or Madrid Agreement benefit Indonesia in the form of greater international protection of its GI products?
Principle of Responsibilities and Sanctions in Pollutions of the Marine Environment by Offshore Minning Sunyowati, Dina
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of the sources of marine pollution is from the exploration and exploitation under the jurisdiction of a country. For that, if there is contamination and pollution, then the polluter is responsible and obliged to recovery the environment as soon as possible, so that ecosystems and the biota in the ocean can be saved. In addition to several conventions in 1982 UNCLOS also provides for compensation and the responsibility for restoring environmental pollutants, such as the Stockholm Declaration of 1972, Agenda 21 Global and Offshore Pollution Liability Agreement, 1975. The principle used to sue the polluter polluter pays principle, liability based on fault principle, and the precautionary principle. In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of the sources of marine pollution is from the exploration and exploitation under the jurisdiction of a country. For that, if there is contamination and pollution, then the polluter is responsible and obliged to recovery the environment as soon as possible, so that ecosystems and the biota in the ocean can be saved. In addition to several conventions in 1982 UNCLOS also provides for compensation and the responsibility for restoring environmental pollutants, such as the Stockholm Declaration of 1972, Agenda 21 Global and Offshore Pollution Liability Agreement, 1975. The principle used to sue the polluter polluter pays principle, liability based on fault principle, and the precautionary principle. In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of the sources of marine pollution is from the exploration and exploitation under the jurisdiction of a country. For that, if there is contamination and pollution, then the polluter is responsible and obliged to recovery the environment as soon as possible, so that ecosystems and the biota in the ocean can be saved. In addition to several conventions in 1982 UNCLOS also provides for compensation and the responsibility for restoring environmental pollutants, such as the Stockholm Declaration of 1972, Agenda 21 Global and Offshore Pollution Liability Agreement, 1975. The principle used to sue the polluter polluter pays principle, liability based on fault principle, and the precautionary principle.
The Abuse of Guaranteed Pending Trial in the Chinese Criminal Process: A Violation of International Human Rights Law Enshen, Li
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues that the Chinese authorities ought to reform guaranteed pending trial by bringing it in line with the relevant global norms. To achieve this goal, certain overseas models that have proven consistent with the international criteria of human rights protection are expected to be borrowed. It concludes that the mature western experiences are indeed of benefit to the reconstruction of the regulatory framework of guaranteed pending trial, but their embeddedness should be compatible with the Chinese legal and cultural particularities in order to maximize their adaptability. However, given the Chinese long-standing perception of denying individual human rights, the current guaranteed pending trial system may not be advanced along with the legal reforms, so a genuine bail mechanism is unlikely established in the Chinese criminal process in contemporary China.

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