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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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Basic Concept of Positivism in the Development of Legal Studies Gadjong, Agussalim Andi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Legal norms governing a social system are known as the legal system, which function as guidelines for the creation of rules for community members. A legal system comprises norms (principles) serving as guidance (reference), either individually or in groups, which include command (compulsion) and restrictions (regulation) as well as sanctions. Command and restrictions are construed as the materialization of the agreement made in regulating interactions, which can be used as comprehensive guidelines in the social system. Whereas sanctions are intended as retribution (punishment) for any person (group) who fails to abide by (comply with) the rules. Retributions as the consequences of the agreement on a legal system as well as sanctions provided for in the legal system constitute psychological motivation for taking or refraining from taking action.
The Curious Case of Earth’s Survival v. The World’s Development Wilson, Natasha Christina Davis
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The over exploitation of marine life is the first part of the planetary crisis. The second part of the crisis arises because man is ambitious and cannot be stopped from progressing everyday. This creates a dominoes effect, by raising concerns about species dependent on marine life, which would be everybody else. This threat on marine life along with hitherto unprecedented levels of development on a very fragile earth can lead to a very bleak future. Development and progress have made the world a smaller place. Development and progress have also ensured that there isn't so much of the earth left to go around. The nations of the world have always agreed that developing sustain ably and with precaution is the only way forward if we are to have a future. We come to a juncture where what is legally sound may not be morally acceptable. Here arises the problem of balancing. This paper considers the earth’s journey from the Stockholm Conference of 1972 and The Rio Declaration of 1992 to marine life and international trade issues faced by us today. It draws conclusions by tracing the evolution and the competition between the two parts of the planetary crisis. The paper offers an alternative story of the future, if the balance is not maintained between international norms and development by the nations of the world, by bringing forth paradigm shifts in the planetary crisis between ambitious nations and the survival of the living earth.
Hukum Internasional Pasca Perang Irak: Legalisasi Politik Internasional dan Politisasi Hukum Internasional Jailani, Abdulkadir
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The United Nations’s to prevent invasion to Iraq and United States’ occupatin with it allies have cause the pessimism to the future of international law. The international community is worried about the unilateralism tendency by the United States because it can threaten the rule law’s future in international relation. So many questions about the existence of international law and its nature such as whether international will be merely as the means of power only. This article tries to answer those questions with special approach (critical legal studies).
Mahkamah Pidana Internasional Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Kewenangan Perwakilan RI di Luar Negeri Dammen, Nicholas Tandi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Vienna Convention on Diplomatic Relations has become universal declaration for its jurisdiction system and has been ratified by all nations in the world reciprocity principle has become the major drive in enabling all parties to exercise the convention. In the establishment of diplomatic relations between states, all states represent as the sending state as well as the receiving state for diplomatic missions. Therefore, each state will grant additional privileges, immunities, and protection to all diplomatic agents assign in the receiving state. The rising number of states and international organizations influenced the diplomatis mission in its relations and interaction with state actors in the receiving state. Hence, the functions of a diplomatic mission consist of representing, negotiating, protecting, promoting and ascertaining as well as reporting all aspects (economic, politic and socio-culture aspects). The recent agenda is to protect Indonesia’s citizens and legal entities, particularly concerning Indonesia labour and its citizen by politcally, humanitarian and legally approaches. The Act No. 37 Years 1999 on Indoensian Foreign Relations has become guidance for Department of Foreign Affairs of Indonesia to protect its citizen abroad. The establishment of the Directorate of Protection of Indonesian Citizens and Legal Entitites is a concrete step in order to protect Indonesia’s citizens and legal entities as Government effort and commitment to reshape diplomatic missions’ image to be a home for all Indonesian citizen.
The Right to A Healthy Environment: International Law Perspective Santosa, Mas Achmad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The realization of the damaging impact toward human beings and their quality of life has increased dramatically. This awareness has followed upon very substantial degradation of the world’s environment: land, water, and air, over the past two centuries. While human activity has alaways taken a toll on the natural world, the negative impact of this activity has increased exponentially during this period. This following article describing how we as human beings have a right to live in a healthy environment from the perspective of international law.
Hubungan Indonesia – Amerika yang Tidak Mudah Suryohadiprojo, Sayidiman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In this era of Globalization relation among states have become much more important than before. No nation can afford to isolate itself without harming its national interests. Among the relations of Indonesia with many nations in the world, relation with the US definitely belongs to the most important ones, many factors are bringing about this necessity, in particular geostrategic factors. However, Indonesia-US relations have never been an easy matter, ever since the proclamation of the Republic Indonesia in 1945. The US wants to influence developments in Indonesia, aiming to bring it on its side. Indonesia-US relations imporved in 1965 when Indonesia defeated a communist coup and terminated the existence of the Indonesian Communist Party PKI which was the largest communist party in the world putside the communist bloc. Closer relations between Indonesia and the US started to flourish, enabling Indonesia to start economic developments, although without leaving its non-alignment policy. An important development affected Indonesia-US relations when the US on September 11, 2001 had experience a terrorist attack on the World Trade Center in New York and the Pentagon by a Muslim group calling itself Al Qaeda under the leadership of Osama bin Laden. Improvement of Indonesia-US relations very much depends on the establishment of an effective and stable governent in Indonesia, which is able to end confusion, instability and disorder, and demonstrate good governance to improve the national economy, social and political stability.
Perjanjian Internasional yang Dibuat oleh Organisasi Internasional Suwardi, Sri Setianingsih
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

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 agreement.
The Indonesian Government Participation in International Investment Law and Its Reform Aji, Tito Bramantyo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International investment between countries is aimed at improving economic development of the state parties and its integration to the world economy. To attract foreign investors, the Government of Indonesia provides investment guarantees through BITs and domestic investment laws. However, in its implementation, those guarantees brought several disputes between Indonesian government and its foreign investors. Moreover, the BIT also shows an imbalance in the position between Indonesia as the host country and its foreign investors which affects the host state’s sovereignty. Reforms must be carried out in this area of law to strike a balance between the protection of foreign investors and the sovereignty of the host state. In addition, reforms in BIT must also be able to provide an equilibrium between economic improvement, human rights, and environmental sustainability. This article describes the participation of the Indonesian government in international investment law and the reforms that must be undertaken in the field of investment law, both at the domestic and international levels.
Implikasi Berlakunya Protokol Kyoto 1997 terhadap Indonesia Triatmodjo, Marsudi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change will entry into force in February 2005. The purpose of this protocol is to stabilize the green house effect concentration in the ozone layer to unharmed level for earth’s climate system. This protocol has a great influence to the developed countries that have a lot of contributions to emission of dangerous gas. Indonesia, as an agricultural country, as well as an archipelagic state, will get the effect of the climate change that have a bad influence to the water recycle and food production. Accordingly, this article will discuss about the implication of the Kyoto Protocol to Indonesia.

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