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Arie Afriansyah
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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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Promotion of Refugee Law in Indonesia Soeprapto, Enny
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The effort to introduce the refugee law has been started since 1981 in Indonesia and has been intensified since 1998 which resulted several progresses. It can be seen implicitly under Law No, 37 Years 1999 on International Relations. Moreover, there are several national regulations that can be related with the refugee issue, such as; Prime Minister Circular Letter Number 11 Years 1956 on Protection of Asylum Seekers, Presidential Decree Number 38 Years 1979 on Coordination of Resolving the Vietnam’s refugees in Indonesia, and Presidential Decree Number 3 Years 2001 on National Coordinating Board for the Management Disaster and Refugees. This article explaining about the progress of the refugee law in Indonesia and the role of Indonesia in Convention relating to the Status of Refugee 1951 and Protocol relating to the Status of Refugee 1967.
Perlindungan Warga Negara dalam Perbandingan Handono, Djoko
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

With the advancement of globalization, the rate of migration of people from one nations to another nations is getting higher. This might result in causing the problems for those migratingpeople in the destination countries. Most of these problems related to the violation of the destination’s state immigration rules, for example, illegal entry, forged passport, and so forth. Providing protection to its citizens who are coping with problems abroad is one of the state’s obligations. Fulfilling this specific obligation is not a simple task for states. Therefore, all states would put high priority to this duty. In dealing with this matter, most states refer to the existing international convention, such as the 1961 Vienna Convention on Diplomatic Relations, as well as the 1963 Vienna Convention on Consular Relations. However, some states need more than these international conventions to solve the problem. Some states would have a bilateral arrangement to provide protection to their own citizens. These arrangements could touch upon very specific matters to ease the potential problems. This article would describe the protection programs in Indonesia, Japan and the Philippines. In providing protection for their citizens, each country stipulates their basic policy uniquely, based on their political, economic and socio-cultural interests.
Implementasi Code of Conduct for Responsible Fisheries dalam Perspektif Negara Berkembang Adrianto, Luky
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia dan Komunitas ASEAN Andrea, Faustinus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The article discusses the role of Indonesia in the ASEAN Community and its implications on political and security cooperation in the region. The ASEAN Community can be designed to form a new pattern of balance of power in the region. The leaders of the Southeast Asian countries realize that it is strategically important for ASEAN to establish a regional instrument to overcome the security challanges arising from new regional interactions. Indonesia with the establishment of ASEAN Security Community can play a role as an anchor of regional stability in the Asia Pacific through multilateral structure. This shoud be the priority of Indonesia’s foreign policy.
Development Toward the Adoption of the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing Agoes, Etty R.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

On November 25, 2009, during its governing conference in Rome, the Foodand Agriculture Organization of the United Nations (FAO) approved a newtreaty aimed at closing fishing ports to ships involved in illegal, unreported,and unregulated (IUU) fishing. This article is designed to give an illustrationon the development of efforts by the international community as a responseto the problems brought by IUU fishing practices. It will start with adescription on the background, then on port state control. It will then befollowed with an anlysis of the international legal basis for port statejurisdiction. The next part will discuss the case of IUU fishing, and finally onthe FAO Model Scheme on Port State Measures to Combat IUU Fishing, andthe recent Agreement on Port State Measures.
Peranan dan Kedudukan Hukum Lingkungan Internasional Dewasa Ini Silalahi, Daud
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Since the Stockholm Declaraton of 1972, the principles of environmental legal principles fundamentally changed the formulation of new international environmental law. The formuation of environmental legal provision was significantly influenced by a scientific approach, such as ecological and environmental concepts. The role of international environmental law is increasingly greater on the ecological approach rather than on the general principles of international law. The structure of international environmental law is also changed related to, among others, state responsibility, states rights and obligations, and the rising of the eco-rights and the animal rights that fundamentally changed the customary international law approach into new progressive development of international environmental law. Through ratification, the national environmental law has been significantly improved, and there is a growing recognition of the integrated system of national environmental law and international environmental law.
Whether “Military” and “Peaceful” Are Synonymous in Light of the Outer Space Treaty Srikanth, Mukund Thirumalai
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Considering the potential for the use and exploration of outer space, it was essential that there existed a regulatory mechanism to control the activities of man in outer space. The Outer Space Treaty, 1967 (hereinafter referred to as the “OST”), aimed at extending the principles of international law, especially the laws with respect to the use of weapons, into outer space. The author, in the course of this paper will take into consideration certain significant issues pertaining to the use of outer space for military purposes, primarily in light of the OST and certain United Nations General Assembly Resolutions. This paper focuses on the thin line separating peaceful and military purposes and the unfortunate militarisation of outer space due to the gaping loop hole in the Treaty. The paper also intends to evaluate whether the existing legal framework still leaves outer space inefficiently regulated and open to use for purposes that are peaceful, yet military. The author would like to suggest certain amendments to the existing OST that might achieve the objectives of the enactment.
ISPS Code Diterapkan di Pelabuhan Perikanan Samudera Jakarta, Mungkinkah? Djemat, Chandra Motik Yusuf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Urgency of Refugee Legislation in Indonesia and the Present Obstacles Riyanto, Sigit
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Throughout the world and over the centuries, societies have welcomed frightened, weary foreigners, the victims of persecution and violence in their place of habitual residence. Basically every State has the responsibility of protecting refugees and asylum seekers within its teritory. Protection of refugees and asylum seekers is a classical issue in International Law. Nowadays more than 140 States have adopted International Instruments of Refugee Law. Eventhough the right to seek asylum has been enshrined in the Indonesian Consitution and the Human Rights Act ; up to nowadays Indonesia has not adopted any International Instrument of Refugee Law and has no national operative legislation dealing with the protection of refugee and asylum seeker. The objective of this paper was to discuss the urgency and the stumbling blocks of incorporating International Instruments of Refugee Law into the Indonesian Law. It should be born in mind that a national legislation concerning the protection of refugees and asylum seekers indicate commitment of a State to the protection of refugees and asylum seekers indicate commitement of a State to the protection and promotion of Human Rights in general. An incorporation of refugee law into the Indonesian Legal System would fill the gap concerning the unavailability of operational legal instrument dealing with refugee and asylum seeker in Indonesia.
Why Fragmentation of International Law Matters: The Case of Indonesia’s Bilateral Investment Treaty Policy and Its Impact on Its Effective Use of the WTO’s Dispute Settlement System Torres, Jose Fernando
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

An unexplored are in the discussions of fragmentation of international law is the relationship between the WTO Agreements and Bilateral Investment Treaties (BITs). Indonesia has recently challenged the United States before the Dispute Settlement Body of the World Trade Organization in a case regarding US measures affecting the importation and sale of cigarettes from Indonesia. If a WTO Panel or the Appellate Body were to find the United States’ measures inconsistent with the WTO Agreements and the United States were not to comply with the Panel or Appellate Body report, the WTO could authorize Indonesia to suspend concessions to the United States under the GATT, the GATS or the TRIPS agreement. This paper addresses the possible conflicts that might arise between the authorization to suspend concessions under the WTO Agreements on the one hand and BITs on the other. This paper argues that a BIT between Indonesia and the Unites States could severely undermine Indonesia’s position to persuade the United States to comply with an adverse ruling by the WTO in the cigarettes case.

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