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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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Belajar dari Kegalalan Politik Pengelolaan SDA Orde Baru: Studi Kasus Kalimantan Timur Jemadu, Aleksis
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The province of East Kalimantan has the largers tropical forests in Indonesia. throughout the era of the New Order government under President Soeharto the natural resources especially tropical forests were sistematically exploited without any serious effort on the part of the government and private companies to take care of the social and environmental aspect of such exploitation. As a result, severe environmental degradation took place and the local people in the country side lost their sources of livelihood. In the midst of the presence of multinational corporations and private forest concessionaires ironically there were enclaves of poverty. In this area of regional autonomy there is much doubt that the situation could get better as local government authorities tend to repeat past mistakes and they are unable to control the existance practice of illegal logging. This writing will propose some policy suggestions that might be helpful for promoting the principles of sustainable development and putting an end to the phenomenon of “the tragedy of the commons”.
Memerangi Kejahatan Kehutanan dan Mendorong Prinsip Kehati-hatian Perbankan untuk Mewujudkan Pengelolaan Hutan yang Berkelanjutan Pendekatan Anti Pencucian Uang Setiono, Bambang; Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

If the illegal logging is just a criminal whose involve the poor society which their life depend to the forest, truck driver or forest guards whose underpaid, that criminal would not be difficult to stop. With the involvement of support from the illegal logging funders, which usually called cukong, illegal logging industry and government employees, the illegal logging has become a complex problem, not only in Indonesia, but also for the international forest community. The forestry law enforcement approach which now is running failed to capture the mastermind of illegal logging. But, the money laundering law enforcement approach which with the approach in “follow the money” may be the option to face the actors in illegal logging. This approach requires the bank and the other financial service providers for more active and careful in run the financial transaction whose related to their customers. Bank customers may be the funders of illegal logging, wood industry, law enforcement instrument and government instrument. Overall, the use of anti-money laundering regime effectively will give the opportunies to encourage the banking precautionary principles and the forest management, and to reduce the forest criminal.
Beyond the Northwest Forest Plan Ariadno, Melda Kamil
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by the stakeholders, and made Bush’s government make a new wood policy which regulates the reforestation and healthy forest programme. This article is trying to discuss the situation about the United States of America’s policy in wood production.
Human Rights in Indonesia Juwana, Hikmahanto
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is the parties of international convention on human rights. Indonesia has raised the problems of human rights from its constitution, even the problem is not the main concern. Another aspect which has the important role to the protection of human rights besides the substantive law is the institution, either it is a government institution or non government institution, whose dealing with the human rights problem. The National Commission on human rights (KOMNASHAM) is the first government institution whose established for handling the problems of human rights.
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum Atmasasmita, Romli
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Law enforcement cooperation in international relations is crucial to determine on whether or not national law enforcement to transnational crimes is succeed. The oldest cooperation is extradition followed by other cooperation such as mutual legal assistance treaty, transfer of sentenced person, transfer of criminal proceedings, joint investigation and handing over. This article tries to examine the reasons why those kinds of agreement are needed in law enforcement cooperation. It specifically discuss on Indonesia’s experience in concluding those agreement with its neighboring states within ASEAN.
Karakteristik Tindak Pidana dalam Statuta ICC dan Dampak Pembentukan Pengadilan Pidana Internasional (ICC) terhadap Perkembangan Hukum Pidana Atmasasmita, Romli
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

International community has emphasized their commitment to combat “the most serious crime of the concerns to the international regarding the nature and the characteristic of such crimes that are often misunderstood amongst the professionals in Indonesian criminal law. Those differences lead to subsequent conquences on state’s criminal jurisdiction, particularly after considering the trans-boundary nature of such crime. The establishment of the International Criminal Court has created a new legal institution in international criminal law. It has reflected a significant change of criminal law that have been recognized since the 18th century.
DIGITAL SERVICES TAX REGULATION AND WTO NON-DISCRIMINATION PRINCIPLE: IS THE DECK STACKED? Elisabet, Mutiara; Dewi, Yetty Komalasari
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

A growing debate on the imposition of digital services tax emerged as one of the latest trade war battlegrounds. Indonesia and the European Union (EU) are among the countries that have taken unilateral actions to implement digital services tax. This paper examines (i) digital services tax regulation in Indonesia and the EU and (ii) whether the digital services tax regulation violates the non-discrimination principles of WTO according to the GATS. By comparing the statutory and practice of digital services tax in Indonesia and the EU, this work concludes that firstly, digital services tax in Indonesia is regulated by law, which implements significant economic presence (SEP) criteria. In the EU, digital services tax is regulated through the Council Directives and implements ring-fencing method as well as SEP criteria. Secondly, the non-discrimination principles in the GATS are promulgated in Article II concerning Most-Favored Nation Treatment and Article XVII concerning National Treatment as well as relevant jurisprudence of WTO case laws. Indonesia and the EU’s digital services tax regulation are not discriminatory, because based on existing indicators, the existence of both de jure and de facto discrimination is not proven. This paper suggests that in the event that there are member states who decide to challenge the measures to the WTO, Indonesia and the EU should provide evidence that shows the absence of unfavorable treatment of certain WTO member states in digital services tax practices by Indonesia and the EU.
The Protection of Foreign Investments in Disputed Maritime Areas of The South China Sea Nguyen, Anh
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This study used a legal framework developed by a recent scholarship to examine the protection of foreign investments in disputed maritime areas. The framework classifies these areas and establishes the jurisdictional challenges faced by investment tribunals in such constellations. For instance, there are high-profile foreign investments in the South China Sea (SCS) with significant threats of increasing escalation between SCS states. Therefore, this study aimed to examine investment protection in disputed waters of SCS using this framework. Since BITs of SCS states include maritime areas beyond the territorial sea in their territories, there is need to abide to international law. Therefore, tribunals are caught in a double bind when deciding on their jurisdiction. For instance, they need to assess whether disputed maritime areas fall under the BIT’s territorial scope of protection, conferring them to territorial jurisdiction. This necessitate the need to determine the maritime entitlements conformity with international law, which is against the scope of jurisdiction of the investment tribunal. The results showed that tribunals may not overcome this jurisdictional hurdle as a matter de lege lata. In this regard, de lege feranda are promising legal rationales to establish incidental jurisdiction over disputed maritime areas. Therefore, tribunals decide on their jurisdiction over investments in these areas.
The Role of the NYPE Inter-Club Agreement as a Modular Apportionment Mechanism for Cargo-Claims across Multiple Jurisdictions Allagan, Tiurma Mangihut Pitta; Bayuputra, M. Rizky
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The New York Produce Exchange Inter-Club Agreement (the 'ICA') is a staple maritime cargo claims provision incorporated into popular charter party forms, the NYPE46, ASBATIME, and NYPE15. It mechanically regulates cargo liability apportionment between charterers and shipowners mechanically for quick dispute resolution. This study aimed to examine the use and application of the ICA through a private international law lens to evaluate the ICA’s choice of law (being English law). ICA is an independent contract applicable to national legislation or any international convention, such as the Hague Rules, Hague-Visby Rules, and Hamburg Rules. It protects the commercial interests of shipowners and charterers and accommodates mandatory rules imposed by each jurisdiction. Furthermore, the popularity of ICA throughout the maritime industry as an apportionment mechanism was also determined by evaluating previous cases handled by English, Australian, and American Federal courts. Its importance in solving inconsistencies within maritime law on cargo apportionment and the perspective of ICA under the private international conflict of laws were also examined. Library research Involved studying conventions, statutes, and well-established cases of conflict of laws, private international law, cargo claims, and the ICA.
Multinational Corporation’s Investments made through its Subsidiary under The Latest Generation of Investment Treaties Amalia, Prita; Makmun, M. Lazuardy Thariq
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Multinational Corporation (MNC) influence and contribution in the world’s economic development, particularly in the realm of international investment is vast and inevitable. The way MNC utilizes its subsidiaries however, has posed an issue for host States specifically in relation with the serial of ISDS claims which is faced by host States. Where the structure of MNC’s investment enables them to go ‘treaty-shopping’. It is understood that there is a causality between the broad definition of investment and investor contained in the older generation of BITs toward these series of claims. It is also more often than not, in the case of an investment that was made through a subsidiary company, arbitral tribunals will accept such investment as an investment that is protected under the relevant BIT due to how investment and investor are defined. Consequently, it has put a considerable amount of concern to host States and in response, States are now starting to move forward to a new generation of BITs with a hope that it could give more clarity and certainty compared to the previous generation of BITs, particularly in regard with the definition of investment and investor. Questions arise on whether it really brings more clarity and certainty in terms of an investment that was made through a subsidiary? This article will analyze the impact of the newly tailored definition clause under the latest generation of BITs toward an investment that is conducted through a subsidiary including the legal standing of the investor therein.

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