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[State Sovereignity in Airspace ]]>
<![CDATA[Abdurrasyid, Priyatna]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[This article concentrates on the overall development of the historical air sovereignty concept since the time of Socrates/Plato, Ptolemius, Copernicus, Galilei-Galileo, Einstein and Stephen Hawkings. In 1994, finally, this air sovereignty concept was strongly embedded in Article 1 of the Chicago Convention 1944, after being analyzed/regulated at the Diplomatic Conference and the Paris Convention 1919.]]>
<![CDATA[Perlindungan Tahanan Pada Kamp-Kamp Penahanan Amerika Serikat ]]>
<![CDATA[Soraya, Yasmine MS]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[On May, 19th 2006, UN Anti-Torture Committee delivered a report that suggest a closing of the Guantanamo detention camp. The government of the United States of America then look an action by establishing the Law on Interrogation. The law stipulates several principles such as interrogation method and trial on terrorism that somehow legalizes the use of any means of force in such process. Another possibility that is stipulated in the Law is a conviction even the evidence is not visible. Tje protection of prisoner in the United States of America’s detention camp is regulated by both International law and national law. The tortures in such camps that was conducted to obtain a certain information have violated human rights that have been govern by international law and United States of Amarica’s national law itself.]]>
<![CDATA[Workers`s Rights According to Islamic Law Persepective (The Principle of Mudharabah) That Can Be Applied In Trade and Investment Agreements ]]>
<![CDATA[Dewi, Gemala]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The practice of Foreign Direct Investment (FDI) in developing countries often cause the labor problems, such as the labor on strike demanding higher wages or the severance pay as the results of the “down-sizing” whose made changes etc. In the country who has inadequate labors regulation or even does not have a strong labors union, it is difficult to enforce the rights of the labors. With the extreme separation position system between the labors and the employer, the problem is always decreasing, so the concept of alternative working relationship to solve this problem. The mudharabah principle in working agreement may be the way to solve the problem. That principle puts the labor and the employer to the same position, so the worker can develop their self to be productive and will gain the the profit for the company and also increase the labors income. In that principle, the company does not need “downsizing” or facing the labors “strikes” or “layoffs”, because the labor welfares can directly obtain from the hard work for the company. Besides the welfare for the labors, this concept is also can attract the foreign investment in our country.]]>
<![CDATA[Problem of Human Rights in World Politics: Three Indonesian Case Studies ]]>
<![CDATA[Jemadu, Aleksis]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The problems of human rights in the global political arena makes the interaction between the actors, even it is a state or non-state after the end of the cold war. In this article, the perspective of international and domestic is used to discuss the extent of the human rights affect those actors. In an international perspective, the emerging of global terrorism threat is start by the September 11th 2001 accident whose be the new challenge for the promotion of human rights because the dominant states will feature the domestic security and international instead of the honor of the human rights. In that point, United States of America’s role and its allies is getting much intention in this article. In domestic perspective, the authors take three cases experience of Indonesia in the consolidation of democracy in the promotion of human rights whose still questionable. Concluded that the promotion of human rights is must be the part of the integral from the democracy consolidation process.]]>
<![CDATA[Dumping Dalam Perdagangan Internasional dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization ]]>
<![CDATA[Barutu, Christophorus]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Dumping practices have been known as unfair trade practices that results serious injury in international trade. It could cause results serious injury pr threaten injury for industry and in the long term can form barrier to domestic industry from the dumping effects. Accordingly, the protection often causes dispute between government of one country and the business players of other country, and vice versa. World Trade those disputes by creating Dispute Settlement Body (DSB). This dispute settlemnet system is expected to be the best solution on handling and settling disputes concerning dumping and to serve a good justice in international trade affars.]]>
<![CDATA[Election Offences as the Ground of Election Petition: A Comparative Analysis ]]>
<![CDATA[Santoso, Topo]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[This article is intended to compare the regulation about the criminal offence of general elections to be able to file a lawsuit. The main question is what is the legal basis to file a general election lawsuit in Indonesia, Malaysia, Singapore, and Philippine. Does the criminal offence of general elections be the one reason for having a general election lawsuit? In this research proved that in Indonesia the legal basis of the general election lawsuit only the presence of error of the counting the general election results by the Commission of General Election (KPU), so the general election cannot be used for the legal basis to file a lawsuit. It is different with the regulation in another country whose the criminal offence of general election can be the legal basis to file a lawsuit.]]>
<![CDATA[Desentralisasi yang Mengarah ke Sistem Federal dan Pengaruhnya Terhadap Pelaksanaan Fungsi Negara ]]>
<![CDATA[Hendratno, Edie Toet]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Article 18 Paragraph (5) of the 1945 Constitution of the Republic of Indonesia stipulates that the local administration (regional government) can implement autonomy as wide as possible, except for the administration affairs that are stipulated as the (central) government’s affair. This stipulation contains the principle of the transfer of the reserve of powers of the government to the local administration. The same goes with the decentralization policy in Act 22/1999 on Local Administration, as well as other legislations like the Act on Special Autonomy for Nanggroe Aceh Darusalam and Papua. They contain saome federal arrangement. The decentralization process that leads to the federal system influences the implementation of state functions.]]>
<![CDATA[Indonesian’s Natural Gas: Production, Reserves, and Challenges ]]>
<![CDATA[Widarsono, Bambang]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[In the last few years it has occurred the decreasing of Indonesia’s oil production in national scale in 10% per year. At the same time the situation of the national gas showing the increasing of the production and the backup. The production rate can be maintained and the backup even can show the growth from year to year. The analysis of the history of the production and the backup, exploration activity, and the comparison between the discovery of the oil and gas in the recent years underlying that the oil can be the sources of energy and the income for the state. Even will facing some challenge in oil exploitation in the term of the application of technology, infrastructure, law enforcement, social unrest, strict regulation, and incentives. That challenge must be overcome if the gas production, and also oil, to achieve the sustainable.]]>
<![CDATA[Economic and Legal Views of Depletion Premium in the Extraction of Petroleum Resources ]]>
<![CDATA[Arsegianto, Arsegianto]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Production Sharing Contract (PSC) has become the model of contract of th upstream petroleum sector in Indonesia. Based on Act No. 22 Year 2001, the activity in oil and gas in upstream sector can run if there a cooperation contract whose it can be the production sharing contract or another form of cooperation contract, that it can bring more the profit to the state. In the management of the natural resources like oil and gas, it must have the allocation of the usage costs or depleting premium for replacing the taking of the a unit whose caused a lot of lost of the opportunity of a future natural resources, as a part of sustainable development. This article is trying to give a concept of depletion premium in a cooperation contract that can be realised by the government by the control at upstream oil and gas business, as stated in Article 33 constitution 1945.]]>
<![CDATA[Economic and Legal Views of Depletion Premium in the Extraction of Petroleum Resources ]]>
<![CDATA[Purba, Zen Umar]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Following the end of World War II and the colonialism era, developing and less developed counries became more aware of the need to protect the natural resources in their region, and started to strife for political independence. In the course of this development there is no doubt that there countries still need assistance from developed countries, which in this case are “represented” by multinational companies. The relationship between these two entities – countries and multinational companies – has been growing in a unique way. This condition influences the growth of the protection of its own interests that pertain to this natural resources matter. Before the issue was recognized by international law, Indonesia’s 1945 Constitution already dealt with it. The globalization era has changed the point of view of countries on this issue and thus in the manner they are implementing their interests. This article addresses the relation between the Indonesian Government and multinational companies in Indonesia, especially as reflected by Law No. 22 Year 2001 and from the international law’s perspective.]]>
