cover
Contact Name
Arie Afriansyah
Contact Email
ijil@ui.ac.id
Phone
+6278880075
Journal Mail Official
ijil@ui.ac.id
Editorial Address
Universitas Indonesia Kampus Depok, Jl. Prof. Mr Djokosoetono, Pondok Cina, Beji, Depok, Jawa Barat 16424
Location
Kota depok,
Jawa barat
INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304
Core Subject : Social,
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
Hubungan Indonesia-Malaysia: Memerlukan Perspektif dan Kebijakan Baru? Djafar, Zainuddin
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The relationship between Indonesia-Malaysia in 2005 and 2006 id quite problematic concerning three main issues: illegal migrant, illegal logging, and Ambalat’s dispute. Historically, there were disputes which broke up the relationship between the two countries in 1963 until 1966. Forty years later (1996-2006), three main issues occured, which have no correlation with formerly disputes. Those issues have become significant after Indonesia entered multidimensional crisis in 1997-1999 and the effects remain. At the other side, Malaysia has reached rapid growth in economic, business, manufacture, and financial in the last past seven years. These two realities of circumstances have become Indonesia and Malaysia position background, considering their own self as the right one of the three sensitive issues. The reconstruct of a good, close, and maximal neighbourhood between the two countries is really expected. This article observes the needed of consideration from Indonesia on policy aspect and new perspective in facing pressure from Malaysia. It is obvious that those matters are the consequences for the establishment of an advantage relationship between the two countries.
Penegakan Rasa Aman Melalui Intervensi Kemanusiaan Erliyana, Anna
Indonesian Journal of International Law
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Abstract

When a state has no longer guaranteed the implementation of personal rights, social contract automatically will decease. The decease of social contract will cause the failing of state sovereignty. In this case, state is no longer has philosophic fundamental as supporting state. As a consequence of a state cannot protect its citizens’ rights, the enforcement of state sovereignty merely can be done through external hand; this is the part when the role humanity begins to play. Humanity intervention will automatically stop when the norm and humanity law are enforced in the state and social contract are reconstructed.
“Overheidsbeleid” dan Asas “Materiele Wederrechtelijkheid” dalam Perspektif Tindak Pidana Korupsi di indonesia Adji, Indriyanto Seno
Indonesian Journal of International Law
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Abstract

Otoritas Pemerintah Daerah Dalam Konteks Hukum Internasional Tinjauan Hukum Otonomi Daerah Nugraha, Safri
Indonesian Journal of International Law
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Abstract

The Development of Democracy principles in Indonesia has promoted the policy of regional autonomy based on regional interest. The policy of regional autonomy needs to be supported by legal infrastructure in order to provide the certainty of the legal principle and justice value. In relation to the recent global development, the international relationship particularly in term of economic and business field is significantly developed to the sophisticated situation. Therefore, it is highly important to do in depth research on the functions and the relations between the central and the regional authorities concerning on their competency to establish an international relationship. Government of Indonesia itself has developed the administration system consist of Central Administration and Regional Administration which each has different competency as regulated in Law No. 32 Year 2004 on Regional Administration ("Law"). In conducting its competency, the central government is dealing with national scope matters, and the regional administration is handling the matters in the region or local area.
Hak-hak Lingkungan Hidup Sebagai Hak Asasi Manusia Ginting, Longgena
Indonesian Journal of International Law
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Abstract

Environmental issue become more popular since the Stockholm Conference about the human environment and Rio de Janeiro Summit (Earth Summit), that brings so many changes in environmental matters. Human rights that has the important role in international law, is also related to the environmental issue. As an Indonesian Environmental NGO, WALHI tries to protect the human rights related to environment. This article tries to discuss the relation between the environmental rights with human rights and why WALHI has concern on it.
The Evolution of the Trust System in the Mutual Fund Business in Indonesia (A Study Based on Islamic Law Perspective) Dewi, Gemala
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The progressive development of International law can be seen also in the concept of trust in business transaction based on its evolution from time to time. This is because the trust institution, which is considered as an achievement of the Anglo-Saxon legal system that has tremendous benefit, actually started from the concept of separation between ownership and mastery in the form of charitable trust of waqf , known in Islamic law. Research proves that in the history of “Trust”, waqf is forerunner of the establishment of “Trust”. How the concept of waqf develops a business type of Mutual Fund that is in compliance with Sharia Law, is the problem that is discussed in this paper. By using a normative and comparative law method, this paper found that by implementing only Nazhir functions that reflect the concept of trust by means of Islamic Trust Fund (ITF), the benefit of the object of cash waqf can be multiplied. For this purpose, the Islamic Trust Fund concept is defined in the real meaning of cash waqf mandate which today can be used in business activities, other than worship sector0. With ITF concept like this does not preclude the general public to participate in purchasing units in the form of a business Sharia Mutual Funds (SMF), so thus also can create investment opportunities that also drives the wheels of development.
Legal and Technical Issues on Designating Archipelagic Sea Lanes Passage: Indonesia Experience Buntoro, Kresno
Indonesian Journal of International Law
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Abstract

The archipelagic sea lanes passage is a new regime of navigation. There is no much provision in the LOSC2, international law, or guidance from the international organization in how to designate an archipelagic sea lanes passage. Indonesia experienced that there are many issues left in designating the passage such as what constitute normal routes, how to apply the ten per cent rule, how to depict the axis lines, how to treat the non designated routes, what constitute ‘normal mode’. The issues also reflected in the provisions of the Indonesian Government Regulation. Although the precise form of this new navigation system has not been fully worked out, the designation of the Indonesian archipelagic sea lanes passage brings Indonesia one step closer to implementing its right over and accepting its responsibilities for its archipelagic waters. The purpose of this paper is to provide an overview of the legal and technical issues in designation of archipelagic sea lanes passage based on the Indonesia experience.
United Nations Reform: Success and Failure Wisnumurthi, Nugroho
Indonesian Journal of International Law
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Abstract

The United Nations reformation, For the first time, is handled comprehensively on World Leaders Summit on 14-16 September 2005. The World Leader Summit will consider UN reform and review progress of the Millenium Development Goal’s adopted by the United Nations in 2000. The World Summit established an outcome document named as “2000 World Summit Outcome”, and contains some of the important issues such as development, peace and collective security, use of force under the Charter and collective military action authorized by the Security Council, terrorism, peacebuilding commission, human rights, responsibility to protect, reformation of General Assembly, Security Council, Economic and Social Council, establishment of Human Rights Council, Secretariat and amendment of United Nations Charter.The leader failed to agree on the expansion of the Security Council membership, no agreement on the issue of non-proliferation of weapons of mass destruction and disarmament. They have failed to reach agreement on a total commitment from developed countries to achieve the target 0.7 per cent of GNP for official development assistance by 2015. However these failures is related to political reality in international community.
UN Reform and Its Mandate on International Peace and Security Bandoro, Bantarto
Indonesian Journal of International Law
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Abstract

There was a widespread consensus that the United Nations has to represent the fundamental changes in political world, and Security Council urgently need to be reformed. It is stated that Security Council is obliged to play an active role in international security issues. This following article explained that the spirit of reformation must giving the United Nations an inspiration to recovered its status as a legitimate inter-governmental organizations and possesess stronger and more legitimate mandate on international peace and securty.
Evaluasi atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 tentang Perjanjian Internasional Haryono, Harry P.
Indonesian Journal of International Law
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Abstract

The Law Number 24 Years 2000 on International Agreement has been implemented for more than 5 years, thus the evaluation of its implementation needs to be done, whether it has accomplished its own purpose when it was made or not. The main point is the question does it have to be changed ? this article gives guidance through some questions to answer the main question. Some advices, such as how important is to make people who have the authority to construct international agreement understand what they have to do, and the background of the formulation of that Law, have been given as well.