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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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Geostationary Orbit Slot Reconceptualization In Accommodating the South Putro, Yaries Mahardika; Nugraha, Ridha Aditya; Nugraha, Taufik Rachmat
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

Geostationary Orbit (GSO) located above the equator is deemed as limited resources with strategic position for satellites in outer space. As today, the majority who possess GSO slots are non-equatorial states, in this context developed countries. The distribution of orbital slots in the GSO has been discussed among scholars from the developing states for decades. In the past, the developing states ever formed the “Bogota Declaration” aimed to ensure the developing states possess special rights over the GSO slot. The declaration arose from the distribution of the GSO slot by unequal treatment and dissatisfaction to the International Telecommunication Union (ITU) in global governance context. Concurrently the distribution of the GSO slot is based on a first-come-first-serve basis, recalling satellite technology development in the developing states is crawling; in contrast with developed states in which their satellite technologies are snowballing. This fact commonly disadvantages the developing states in many ways, they have an enormous risk of potential satellite re-entry as an accident for the developing states, equatorial states, and they have limited access to put their satellite above their skies. This article strives to provide recommendation that GSO slot distribution should lead to an unorthodox approach, namely to ensure developing countries have equal rights to GSO. The findings of this study argue that the current international space law regime is excessively “western-centric” and fails in accommodating developing countries’ interests. The special and differential treatment principle could serve as a basis for granting special rights to developing countries to utilize the GSO.
Is the United Nations a Locus of International Order Imperiality Maintenance? Reflections from the South West Africa Case and Chagos Archipelago Advisory Opinion Squeff, Tatiana Cardoso; Carrijo, Augusto; Borges, Murilo
Indonesian Journal of International Law Vol. 19, No. 3
Publisher : UI Scholars Hub

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Abstract

The international legal order, seen through third world lenses, is not only embedded with Europe’s colonial past, but also a regime that assimilates the non-European being, its relations and knowledge. Consequently, the possibility of changing such framework is almost an impossible task, being it constantly rejected by hegemonic powers, that is, by a limited number of nations that have been placed in the center of the world order in the turn of modernity and that have not left. Some may argue, yet, that the United Nations presented the international legal order with a different path, breaking with such an imperial system due to the sovereign equality among nations it pledges. And this is exactly what we aim at verifying with this article. We contend that the United Nations presupposes the maintenance of the status quo between hegemonic and subaltern states to perform its activities, basing this assertion in the analysis of the South West Africa decision, delivered by the International Court of Justice – an organ of the U.N. in the 1960s. Nevertheless, taking into consideration the Court’s recent activities on the Chagos Archipelago Opinion of 2019, we note that it tried to break with such a past in a timid manner, particularly by reaffirming both self- determination and the relevance of the U.N. General Assembly. Despite this, we come to the conclusion that it was not enough, being the Organization still a locus of reproduction of imperiality in the international order.
Franchising in The Form of Partnership Kristianto, Fennieka; Gracia, Fidela
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The rapid advancement of business competition nowadays encouraged business actors to enhance and strengthen their networking. One of the approaches taken by business actors was to engage themselves within the franchising business. However, within this case, several issues arose, namely relating to the expansion of the business conducted by the franchisor through a partnership by way of establishing a Limited Liability Company (“LLC”) with the franchisee, particularly, concerning the management of the business. On one hand, the franchisor is acting as the owner, founder, and holder of intellectual property rights. Supplementary to that, the franchisor is likewise the major shareholder of the LLC and the franchisee is the common shareholder. Normative legal research is imposed within this research with the primary objective of examining the potential conflict of interest that may likely arise between the franchisor and the franchisee for having the form of partnership. Moreover, inequality within the franchising business relationship will likely occur since the franchisor has a larger capacity within this relationship compared to the franchisee and the possibility for the franchisee to obtain adequate protection from the agreement pertaining to the termination of the franchise agreement is considerably low.
State Immunity and Inter-State Negotiations on Korean Comfort Women Liakopoulos, Dimitris
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This study aims to analyze the situation of comfort women and the acquired jurisprudence, as well as a comparison regarding slavery and the protection of human rights at the international level. It also examines the protection of human rights, international responsibility, crimes committed with impunity, interstate agreements, state immunity, victim reparation, and international jurisprudence. A comparative method was used to analyze tribunal sentences at the International Court of Justice (ICJ) or the national level of Italian constitutional law. However, international responsibility is important because it helps to protect slavery and human rights. The argument of comfort women includes the right access to justice at the international and national levels. Furthermore, it is related to victim participation and the protection that is necessary to be involved in any jurisprudence.
Necessity of Establishing a UN Specialized Agency for Protection of Gender Equality Shokrani, Maziyar; Many, Nirmala
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

A number of recent global issues such as COVID, rise of the Taliban in Afghanistan, inter-state and intra-state conflicts, and gender inequality in Iran show the unprecedented violence against women and other disadvantaged segments of the societies around the globe despite the restless efforts of existing organizations such as the UN Women to protect women’s right, and in broader sense promote gender equality. The lack of efficiency is partly due to its institutional capacities e.g. lacking independence, founding treaty, law-making/treaty making powers and, developed institutional structures and enforcement powers. This article investigates the shortcomings of the UN Women in fulfilling its targets and some of the major reasons behind it. The authors suggest the UN Women to transform to a UN Specialized Agency with wide law-making and treaty-making powers as well as the powers of on-site inspections and reporting to the UN- more specifically to the Security Council as the gender equality is directly connected to the global peace and security.
States Responsibility to Eradicate Violence Against Women Through the Due Diligence Framework in Human Rights: A Review of Protection and Punishment in the case of Indonesia Dewantary, Zenny R.; Endut, Noraida
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In 2016, Zarizana Abdul Aziz and Janine Moussa developed the ‘Due Diligence Framework of States Responsibility in the Elimination of Violence against Women (VAW)’, based on a study their team conducted worldwide beginning in 2011. The framework establishes five domains of due diligence in assessing states responsibility (the “5Ps”) in eliminating VAW: prevention; protection; prosecution; punishment of perpetrators, and provision of redress and reparation for victims/survivors. States are responsible to uphold human rights protection for all people, particularly in eliminating VAW without any discrimination. Indonesia constituted protection measures through laws pertaining to VAW but there are barriers in effectively protecting victims and punishing perpetrators of VAW. The due diligence human rights framework are highly useful in evaluating how states have taken the responsibility to prevent VAW, offer protection against it through policy, legislation, prosecution and punishment and provide support and compensation for victims. In the case of Indonesia, providing protection and punishment against VAW remain two critical areas that the government must pay attention to eradicate VAW. This article aims to critically assess forms of protection and punishment that the state has developed and enforced towards the elimination of VAW. It does so by critically and systematically reviewing documented legal, policy and case materials pertaining to violence against women, generally, and to more specific forms of VAW. This review will yield critical information and analyses of the achievement and limitation of state responses to VAW so that more targeted strategies can be planned to fulfill the state responsibility.
Feminism and the Birth of Sexual Crime as International Crime and the Challenge of Its Implementation in the Future Zunnuraeni, Zunnuraeni; Tarigan, Rehulina; Nurbani, Erlies Septiana; Jannah, Aisyah Wardatul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The existence of international sexual crimes in international court jurisprudence and the international law instruments have evolve as an extensive crime from the abundance crime of outrages upon personal dignity, yet still have to front some challenges to attain triumph in its enforcement. This article aims to observe the sexual crimes as international crime in some aspect, namely, its development and the contribution of feminism, the challenges on the law enforcement against international criminal law and the position of feminism in addressing those challenges. In every stage of sexual crimes evolution as international crimes, feminism hold important contribution. Their impact made up in building international community opinion, sounding and criticizing, and engage in making court decisions through judges with a feminism paradigm. The success in ICTY and ICTR landmark decision and the determination of extensive sexual crimes in Rome Statue, renounce some obstacle which might eliminated by feminism ideas and movement. Once again through pressures and criticisms, awareness of sexual crimes shall increase so that come the incriminating in the completion of sexual crimes cases before international court. The role of feminism is also vital through the presence of prosecutors and judges with a feminism paradigm so that, as before, landmark decisions as produced in the ICTY and ICTR can be issued at the ICC.
The Discourse of Reservations to CEDAW on Women’s Rights in Malaysia, Brunei, and Indonesia Saraswati, Ayu Nanda, Anak Agung
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Substantive religious-based reservations towards CEDAW have been made by a number of states. Unfortunately, this type of reservations can also have a negative effect on women’s rights. This paper intends to examine the reservation system in CEDAW, state practices and the legal consequences of reservations in general and the rights of women, particularly in South East Asia, namely Malaysia, Brunei and Indonesia. This normative research uses a statutory, conceptual and comparative legal approach. The results show that States tend to object religious-based reservations because this type of reservations is against the object and purpose of the treaty. Whereas under international law, States are prohibited from using national (religious) law as a legitimation of failing to conduct international obligations. Although these reservations cannot be considered direct causes of discrimination and/or violation against women, some having the status of jus cogens do contribute to preserving the basic ideas of male dominance by, inter alia, maintaining the status quo and constructing it to the international legal framework. Thus, since treaties on human rights are not reciprocal in nature, countries need to agree on a mechanism that allows the fulfilment of permissible reservation thresholds, so that they stay within the object and purpose of the treaty, including the protection and the strengthening of women’s rights. Each State has the obligation, to some extent, to show the willingness and efforts that lead to the fulfilment and protection of women’s rights, which have been set out by international standards and principles.
Editorial: Tales of Multiple Decolonisations Singh, Prabhakar
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The dialectics between descriptions and solutions should now animate TWAIL scholarship. A crucial aspect of TWAIL is to debate racism in south-south relations and law. TWAIL also needs to ask if former victims, having secured sovereignty during de-colonisation, are attempting to secure an empire.
Indonesia’s Extraterritorial Obligation to Protect The Human Rights of Individuals from Transboundary Haze Pollution Bratajaya, Yogi; Christianti, Diajeng Wulan; Siswandi, Ahmad Gusman Catur
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Ever since the late 1980s, forest fires located in Indonesia have resulted in haze pollution which engulfs the Southeast Asian region almost annually. This paper argues that Indonesia is extraterritorially obligated to ensure the human rights of individuals outside its territory as a result of its failure to prevent the haze pollution. It analyzes the extraterritorial application of Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR), arguing that an individual whose human rights have been adversely affected by transboundary environmental harm is deemed ‘subject to the jurisdiction’ of the originating state. Applying this interpretation, individuals located outside Indonesia’s sovereign territory who have been adversely impacted by haze pollution may be deemed “subject to the jurisdiction” of Indonesia for the purpose of Article 2(1) of the ICCPR. Indonesia would thus be obligated by the ICCPR to ensure protect human rights by preventing and mitigating the transboundary haze pollution.

Page 49 of 58 | Total Record : 572

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