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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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The Right to a Fair Trial and Combatting Terrorism: The Case of Indonesia Paripurna, Amira
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

After the 9/11 attack, the US government called upon global war on terror (GWOT). Then terrorism has been considered as a threat of global security. It is, therefore, has led both national and international concern under US hegemony. Furthermore, it has affected the proliferation of many national counter-terrorism laws. The terrorist attacks have threatened Indonesia over years. Under the act No.15/2003 jo No.1/Prp/2002 the Indonesian government has successfully conducted prosecutions to the terrorism perpetrators. However, it is identified that there are such violations regarding to international human rights rules and standards. The concern in handling terrorism demands a balance concern between security treatments and human rights. Thus, the challenge’s today are how to maintain the rights to a fair trial for every accused, the safeguard against abuse of power and the commitment of international community to human rights, while also preserving the capacity to national and international security concerns. The article 14 of International Covenant on Civil and Political Rights (ICCPR) enshrines a norm of International Human Rights law which protects individual from the unlawful and arbitrary curtailment of other basic rights and freedoms (a fair trial), which the most prominent are the rights to life and liberty of the person. The civil and political rights are categorized as non-derogable rights, it means that any derogation measures inconsistent with the State’s other obligations under international human rights law is prohibited. Thus, this paper aims to discuss whether and to what extent the right to a fair trial may be compromised in the name of security? Does the fair trial standard can be sacrificed to prosecute terrorism?
Impact of the Implementation of Broder Crossing Area Agreement between Indonesian and the Philippines at the Border of Miangas Island of North Celebes Frederik, Wulanmas A.P.G
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing from generations to generations; political aspects, BCA causes frequent migrations by border people of Miangas Island to the Philippines because of the strong historical and kinship factors, economic factors, to get better education, facilities and infrastructures in health, and communication and transportation that in the Philippines are considered better. These situations made the regional government to use its authority in Act No. 22 of 1999 concerning International Covenant and Act 32 of 2004 concerning Regional Government to empower the Border Crossing Area Agreement in Miangas Island by revising that agreement. The efforts conducted by the government were by issuing the Regional Ordinance No. 1 of 2001 concerning the development of Sangihe and Talaud Islands area and Regional Ordinance No. 2 of 2001 concerning the Spatial Arrangement of Sangihe and Talaud Mainstay Area. It is expected that the Border Trade Area (BTA) will pay attention to the Declaration of Liberal Democration Principles concerning Ethnoculture and National Minority and Native Tribes suggesting the local government to accept, with domestic laws and with the covenant legalized internationally concerning the principles of minority rights implementation, equal in its interests with the classical Human Rights.
Whose Side Is It On? – The Boundaries Dispute in the North Malacca Strait Bernard, Leonardo
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The waters in North Malacca Strait are one of a number of areas between Indonesia and Malaysia where no clear boundaries exist. Currently, there is an agreement on boundaries of the continental shelf between Indonesia and Malaysia in the area, but as yet there is no agreement on the boundaries for the Exclusive Economic Zone (EEZ). The lack of clear boundaries makes it difficult for either State to effectively exercise control over the body of water, not only with regard to fishing activities, but also with regard to environmental and security issues. This paper will discuss the history of the regime of the continental shelf, the Agreement on Continental Shelf Boundaries between Indonesia and Malaysia and the development of the international regimes for the EEZ and the continental shelf under the United Nations Convention on the Law of the Sea (UNCLOS). It will then discuss the importance for Indonesia and Malaysia of having clear EEZ boundaries in the North Malacca Strait.
The Impediments of Policy Coordination on E-Waste in ASEAN Ibitz, Armin
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

ASEAN represents one of the most dynamic economic regions. However, economic progress was accompanied by massive environmental deterioration. Among the many environmental issues in the region, the rapid growth of waste from electronic and electrical equipment (e-waste) has increasingly drawn international attention. While on the one hand ASEAN is a large producer of electrical and electronic equipment, on the other hand the region is heavily affected by the improper dismantling, recycling and disposal of e-waste. ASEAN failed to come up with a common response whereas individual member states pushed ahead with own legislation in an attempt to address the issue. This study sets out to assess the determining factors that disabled ASEAN to agree on a common policy response in the case of e-waste. Based on the assumption that states act according to the expected gains, the study applies a game theoretical approach to analyze the developments. Furthermore, the work seeks to draw conclusions from the case for future environmental policy formation in the region.
International Efforts to Combat Corruption and States’ Concern; a Perspective toward Indonesia-Singapore Extradition Treaty after 4.5 Years of Silence Iqbal, M. Putra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The United Nation Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) is a symbol of international community efforts in combating corruption. Most states are state parties to both convention including Indonesia and Singapore. However, domestic politics such as ratify cation by parliament has influenced states’ commitment in combating corruption. Indonesia-Singapore Extradition Treaty was signed in 2007. However, it has not entered into force yet and this is a good example on domestic politics that influences states’ policy and even states’ commitment on an international issue. This extradition treaty therefore, has no strong legal power toward both states since both states just expressed consent to be bound and subject to ratify cation. However, both states should show good faith in continuing the treaty and become legally binding.
The ASEAN Way towards Piracy Challenge Ikaningtyas, Ikaningtyas; Ruslijan, Patricia Audrey
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Piracy is a universal crime that needs to be combated by all nations. International efforts have been done for many years in order to suppress growth of piracy for international maritime security, which resulted in provisions concerning piracy within United Nations Convention on the Law of the Sea. It refers piracy as a crime taking place on high seas. In addition, International Maritime Organization also attempts to widen the definition of piracy. Even so, tackling piracy requires more than just a commitment of international community to define the term. Efforts must also be conducted by regional community to make them more effective, especially with their national legal instrument. Association of Southeast Asian Nations (ASEAN) as the regional organization in Southeast Asia region has sought to better cooperation among the members bringing the six behavioral principles laid in Treaty of Amity and Cooperation 1976 and also ASEAN Charter 2007 for the purpose of eliminating piracy within their region. Unfortunately, piracy is manifestly not easy to be eradicated in reality. This paper tries to identify and analyze the challenges that underlie ASEAN efforts to solve the piracy problem within the region
The ASEAN Agreement on Trans-boundary Pollution in Relation with Indonesian Haze, Compliance in Theory and Practice Roesa, Nellyana
Indonesian Journal of International Law
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Abstract

The trans-boundary pollution has become a major issue within the Association of Southeast Asian Nations (ASEAN) when the forest fi res took place in Indonesia. Indonesia’s neighboring countries had to face problems dealing with the smoke and haze that spread into their territories. ASEAN Member States’ attempts to combat the smoke and haze problem depicted on Agreement on Trans-boundary Haze Pollution (Haze Agreement), which up to now Indonesia has been the only State that has not ratified the agreement. The reluctance of Indonesia to ratify the agreement becomes a problem to the enforcement. It is contrary to the argument that the ratification is believed to bring some benefits for Indonesia from transfer of knowledge and technology and also from research. While Haze Agreement requires cooperation among ASEAN Member States to reach the objectives of the agreement, the cooperation itself is not limited to the participation of the whole members at the same time, but also possible to conduct such cooperation in form of bilateral effort or other kind of accepted by the parties. With some flexibilities offered by the Haze Agreement, the effectiveness of the agreement does not rely only on the commitment shown by the ratification of ASEAN Member States to the agreement, but also relies on the level compliance that shown by their effort to combat the possibility of upcoming trans-boundary pollution matters within the region.
The Principle of Balance In International Business Contract Law (In Anticipation Of The Free Trade Era) Cindawati, Cindawati
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The balance principle contains the ideal of reaching a balance. This includes the balance in a business contract or agreement where respective individual interests are guaranteed by an objective law, specifically in the law of business contracts. This principle regulates parties involved in international business contracts, such as the United Nations Convention on Contracts for the International Sale of Goods 1980, and in the founding of the World Trade Organization (WTO). In the future, the balance principle will be complementary to the law of international business contracts, while arbitration will be the medium to resolve international civil lawsuits. This article found that the application of the balance principle in the law of international business contracts refers to the principle of efficiency in economics and trade in a competitive international business community. Thus, every business person will guard their business reputation and will consequently abide by what has been agreed upon in international business contracts so as to maintain harmony and balance.
Insurance and Islamic Law Hasanah, Uswatun
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In Islam, insurance has actually been practiced since the time of the Prophet Muhammad saw. The precursor of Islamic insurance, according to some scholars is al-diyah ‘ala al-’aqilah. Al-’aqilah is the habit of Arab tribes having been practiced long before Islam where I f one member of the tribe were killed by other tribe members, the heirs of the victim will be paid with blood money (al-diyah) as compensation by the next of kin of the killer. Next of kin of the killer is known as al-’aqilah. After the arrival of Islam, al-aqilah system was approved by the Prophet PBUH as part of Islamic law. Furthermore, al-’aqilah was contained in the Charter of Medina. In the next period, this al-’aqilah or insurance continued to be practiced by the caliphs, especially during Caliph Umar ibn al-Khattab until now. Islamic Insurance or sharia-based insurance is more nuanced with generosity rather than profit oriented. Therefore, the aspect of mutual help always serves as a primary basis of the practice of Islamic insurance. Islam regards insurance as a social phenomenon formed on the basis of mutual-help and a sense of humanity. Today Islamic insurance is growing rapidly in many countries. This suggests that Islamic insurance is quite attractive to the public in various countries. The problem is, until now there are many people including some Muslims who do not understand Islamic insurance.
Preparing for the Challange of Governance in International Economic Relations in the 21st Century: A Plea to the Indonesian Legal Profession Kartadjoemena, H. S.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

It is a common knowledge that globalization has connected the relations between states, organizations, economists, and also the interaction between them. This following article, as already stated on the title, is very influencing and challenging, and also at the same time pushing the jurists in Indonesia to involve in international forums on this 21th century. Although the role of jurists in Indonesia isless significant concerning the consequences of the weakness of legal system order in Indonesia, but they have to be prepare facing the issues as the concequences of globalization and the growing of international organizations, such as: WTO, ASEAN Free Trade, et cetera. The skill of Indonesian jurists can not be limited only into good skill, knowledge, ethics, and national issues, but also has to be expand into international scope, to strengthen theirselves with foreign jurists and also to bring national interest in every international forum discussion.

Page 5 of 58 | Total Record : 572

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