Indonesian Journal of International Law
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.
Articles
572 Documents
<![CDATA[European Union dalam Hukum Internasional ]]>
<![CDATA[Ariadno, Melda Kamil]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[European Union has developed from just merely economic coooperation into much stronger bond among its Member States to include unified currency and common foreign security principle. Nevertheless the biggest challenge for European Union is its own status the intern ational law, whether it obtains status as an international legal person whilst eventually will enable it to play more influental role in international community such as the formation of international relation. This article will observe this issue by brought up the internal debates on European union status in international law.]]>
<![CDATA[Beberapa Aspek Kenisbian dan Kesamaran Perjanjian Internasional ]]>
<![CDATA[Sik, Ko Swan]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The article does not purport to analyse an international law problem relating to a speific international agreement, nor does it pretend to develop any theoritical paradigm. It merely puts on stage the apparently clear and simple notion of international agreement while at the same time confronting the reader with its essenially relative nature by signalling the many ambiguities and ambivalences hidden behind the term. The author’s sole intention is to invite the reader’s attention to this feature of relativity so as to prevent him from taking the concept of international agreement too easily for granted. The following aspects relating to the concept of international agreement, which could easily be augmented, are successively briefly reviewed; the meaning asigned to the adjective “international”; the legally binding or non-binding character of an international agreement; the agreement’s characterization as a source of rights and duties and its denial, the normative relativity of the rights and duties emanating from the international agreement, the case of “administrative agreements” and the obscrurity as to the identity of its parties under international law. Perjanjian Internasional yang Dibuat oleh Organisasi Internasional by Sri Setianingsih Suwardi: Nowadays, International Organizations has been recognized as one of the international law subject after exceeded a long winding road. The logical consequence of the recognition is the capability of International Organization to construct an international agreement as well as a State has done. Nevertheless, there are still several mechanism differences between State and International Organization in construct an international agreement. The main difference is about who has the authority to make a deal in international agreement process. This article explores and analyzes the great effort of international organization to gain the recognition as one of international law subject, also the authority of international organization related to the construction of international news.]]>
<![CDATA[Aspek Hukum Masalah Pengungsi Internasional ]]>
<![CDATA[Suwardi, Sri Setianingsih]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Under international law, a State may refuse to accord entry permit to its territory for aliens. However, there is always a possibility that under certain circumstances an alien enters a State without having any permit as it is in the case of refugee. Refugees have the right to be given protection as attached to their refugee status. The refugee rights for protection by the host state is included in various regional and international treaties such as Conventin relating the Status of Refugee 1951 and Protocol relating the Status of Refugee 1967. In reality, the refugee problem is more complex as it relates to legal issues such as those in regard to asylum seeker, stateless persons, illegal immigrant, and extradition. In many cases, there are difficult problems in deciding whether or not an individual or a group of aliens to be given the refugee status. In an effort to solve the refugee problems around the world, the United Nations established the United Nations High Commissioner for Refugee (UNHCR). The following article describes comprehensively the refugee problems faced the international community.]]>
<![CDATA[Proses Peacebuilding di Aceh: dari MoU Helsinki menuju Implementasi Undang-Undang tentang Pemerintahan Aceh ]]>
<![CDATA[Jemadu, Aleksius]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The process of peacemaking in Aceh is based on the acceptance of the peace agreement signed by the Indonesian government and the Free Aceh Movement (GAM) in Helsinki on August 15, 2005. While the signing of the peace agreement were mainly determined by the negotiations between the two sides, the establishment of the Aeh Governance Law is entirely a different political process in the Indonesian parliament. The contestation of political and economic interests among political parties in the deliberative process of the law is inevitable. Thus, the content of the law should be seen as the result of a political compromise. Aceh’s transition from the current negative peace into positive peace will depend on the implementation of this law and the continous transformation of social and economic conditions in Aceh in the post-conflict period. In the final analysis, it is the political elite of Aceh themselves who will determine the success of the peacebuilding.]]>
<![CDATA[Kedudukan Konsultan Hak Kekayaan Intelektual Serta Kebijakan HKI ]]>
<![CDATA[Azed, Abdul Bari]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Intellectual property right has become important issue for developing countries, especially Indonesia. The governing law for intelelctual property right not only protects the inventors but also the products of intellectual property. Recently, the Government Law No. 2 Years 2005 concerning Consultant of Intellectual Property Rights. This Act is enacted to implement the prescribed article in the Law of the Intellectual Property Rights which required further regulations on Consultant of Intellectual Property Rights. This article will discuss further the issue of IPR Consultant’s role in regards to Indonesian IPR policy.]]>
<![CDATA[The United Nations General Assembly Resolution (UNGAR)1 As a Source of International Law: Toward a Reformulation of Sources of International Law ]]>
<![CDATA[Kadir, M. Ya'kub A.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The changes in international community since 1945 have led to fundamental disputes on the sources of international law, in particular, the notion of the United Nation General Assembly Resolution to be a source of international law in comparison to the traditional sources as stated in article 38(1) International Court of Justice Statute. The fact that the existed sources are not able to maximize the role of international law in maintaining peace and security in the world would be an essential trigger to have a preliminary discussion on the issue. This paper attempts to identify to what extend the possibility of UNGAR to be a source of international law in conformity with the principle of democracy and justice.]]>
<![CDATA[Pelarangan Submarine Tailing Disposal di Berbagai Negara Serta Aksi Hukum yang Dapat Dilakukan ]]>
<![CDATA[Kiswo, Windu]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Submarine Tailing Disposal (STD) is waste disposal activity to the sea through pipelines. Recently, the documentation system becomes the main problem of STD implementation. It is very weak so it can not cover the unpredicted effect to marine environment and the possibility of STD implementation’s failure. In United States, prohibition of STD is regulated in Clean Water Act. It requires 2 (two) important matters that are implementation of the Best Available Technology (BAT) and New Source Performance Standard (NSPS). While Canada regulate it i Canadaian Federal Metal Mining Liquid Effluent Regulation (MMLER) and Canada’s Fisheries Act. Indonesia itself doesn’t have special regulation to prohibit STD. That is why Indonesia need to have a clear and strict regulation about STD. This article tries to describe the importance pf the regulation that prohibit STD.]]>
<![CDATA[Mandat dan Fungsi dari Komisariat Tinggi PP Urusan Pengungsi (UNHCR) ]]>
<![CDATA[Jaquemet, Stephane]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The article highlights and describes the main aspects of the mandate of the United Nations High Commissioner for Refugees (UNHCR), in particular its operational dimension which has mainly been built as a worldwide response to refugee crises, and its protection role, which entails all activities aimed at ensuring that the rights of refugees and other persons of concern are respected and promoted by States. In the second part of the article, the author summarizes UNHCR’s activities, both present and past in Indonesia.]]>
<![CDATA[Recent Developments In Administrative Law In The Netherlands and the European Union ]]>
<![CDATA[Rogler, L. J. J.]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The recent developments in many aspects of life, in politic, economic, cultural et cetera has a great influence on legal system around the world. For example, the developments in administrative law is increaded dramatically in Europe, especially after the European Union expanding their membership, following the new membership for 10 states since 1 May 2004. This article describing about the recent development of administrative law in The Netherlands and The European Union, especially after the actual development in The Netherlands legislative and European Union, also several national regulations regarding administrative law in European Union’s draft of constitution.]]>
