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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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Can Big Data Achieve Environmental Justice? Sunyowati, Dina; Indriani, Masitoh; Firdhausy, Annisa; Romadhona, Mochamad Kevin
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Big data and analytical tools are being used by agricultural startup companies to develop their application performance. Generally, big data is a term that describes a large volume of structured and unstructured data. A few goals of its utilization include promoting environmental justice, improving energy efficiency, as well as tracking climate change by introducing ‘smart farms’. However, the utilization is accompanied by some flaws, such as legal regulatory issues involving the gap between applied technology and global government policies. There is also increased development of agricultural applications in Indonesia, which led to the initiation of a digitization program for plantation and livestock through the Go Online Farmers application. The roles of big data are very crucial in providing valuable information to farmers. Therefore, combining the observation of an agriculture-based application’s performance with a statutory approach, this research provided some examples of the utilization of big data by agriculture startup companies to achieve their environmental and sustainability goals. These include illustrating the initiative behind the use and the management of the associated policies and legal challenges in the country. Eventually, this research attempted to explain the contribution of big data in promoting environmental justice from a legal perspective.
Teaching Public International Law in Central Asia: Major Challenges, Problematic Issues, Coping Strategies and Useful Methods Atadjanov, Rustam Bakhtiyarovich
Indonesian Journal of International Law Vol. 20, No. 1
Publisher : UI Scholars Hub

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Abstract

Many of the challenges pertaining to the unique nature of international law that affect its efficient teaching by teachers of public international law to law university and law faculty students are very relevant to the still developing educational systems of the five Central Asian states. The article reviews, with the use of legal analytical and comparative method, those challenges including the ones that flow out of local contextual factors. Furthermore, the existing lack of private universities and availability of resources including library resources in the Central Asian region will be touched upon. The article dwells on local schools and doctrines of international law, too. Potentially useful teacher strategies which could address the existing challenges and problematic issues in terms of successfully teaching public international law are suggested. Those strategies encompass a range of innovations including but not limited to, employment of interdisciplinary approaches, connecting theory and practice in the instruction of the discipline, and others. Finally, the article provides the author’s perspective, based on his own teaching experience, as to what teaching methods could turn out to be more engaging and effective in teaching public international law in Central Asia as well as which useful skills will need to be developed in students of international law.
The Influence of Incorporating Modern Technologies into The Legal Curriculum as Effective Teaching Approach in Higher Education Bhushan, Tripti
Indonesian Journal of International Law Vol. 20, No. 1
Publisher : UI Scholars Hub

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Abstract

Higher education has seen a tremendous increase in the use of technology in teaching and learning. In this context, technology would play an important part in the law school curriculum inside and outside the classroom. This would allow students to explore various aspects of the legal world beyond the classroom, and the integration provides law schools with a potent weapon. Therefore, this research focused on using technology in teaching and learning, which would significantly aid in addressing law students’ learning requirements. By examining successful technology, it uncovered the gaps between the usage and understanding of International Law. The curriculum offered focused on the position of the law office. Furthermore, this research intended to demonstrate the benefits of incorporating technology into the international law curriculum as an effective teaching approach. It focused on the roles of International Law in responding to advances as a regulator of emerging technology. In an increasingly interconnected world, new technology raised legal issues concerning its use, distribution, and control.
Teaching International Human Rights Law In Vietnam: How To Make This Subject Attractive To University Students Ha, Nguyen Thi
Indonesian Journal of International Law Vol. 20, No. 1
Publisher : UI Scholars Hub

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Abstract

Human Rights is one of the achievements of the historical development of mankind, characteristic of civilized society, and also one of the basic and important legal values of humanity. In the context of international integration of education in general and higher education in particular, the teaching of human rights, first of all, international human rights law is important for undergraduate students, especially in helping them to identify and understand the responsibility to make human rights become a reality in society. Human rights teaching aims to help learners orient and understand noble human values, common voices, common goals, and common means of all humanity to safeguard and advance human dignity and happiness. In the face of globalization, human rights education has been attracting the attention of domestic and foreign scientists and many international organizations. In Vietnam, teaching international human rights law has been implemented at universities, first of all, law universities. This article attempts to give an overview of the teaching of International Human Rights Law in Vietnam today by exploring the reasons why students are not amenable and interested in the subject yet. In the whole article, the author explores and surveys the curriculum of international human rights law in law universities in Vietnam to make initial but overall judgments and assessments about the teaching situation of international human rights law in Vietnam. Based on analysis and evaluation of the content of the curricula, learning materials, and especially teaching and learning methods, the article proposes solutions to enhance the attractiveness and attract the interest of students to the subject. From solutions on compiling the content of textbooks and documents to solutions on active teaching methods as well as the application of information technology and social networks and so on, will contribute to increasing the interest and attraction of students to the subject. The article concludes that although progress has been made in the past two decades, the teaching of international human rights law in Vietnam has not caught up with the general development trend around the globe nor met the needs of the demand for human rights education in the nation, notably this subject has not yet brought fascination to students. The main obstacles in teaching human rights in Vietnam today are related to issues such as it is not a compulsory subject in the curriculum framework of the government, the teaching content is still limited; lecturers are not specialized and limited in foreign languages; the lack of reference materials as well as outdated teaching methods.
The Pedagogical Reformulation of International Human Rights Law Education in Asia: Where Tradition Meets Innovation Chen, Si
Indonesian Journal of International Law Vol. 20, No. 1
Publisher : UI Scholars Hub

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Abstract

This article explores the feasibility, challenges, and directions for pedagogical reformulation to make international human rights law compelling for Asian law students. Pedagogies are crucial for improving students’ learning effectiveness, achieving the goal of legal education, and supporting students in their career plans. The article underlines that traditional lecture-based pedagogy is insufficient to prepare law students for human rights-related international professional careers. This article argues that pedagogies in international human rights law education need to be reformulated for a better future for legal education in Asia. It builds on three sets of sources concerning teaching, researching, and practicing international law in an era of globalization: (a) an extensive literature review on legal education in the global context; (b) a close engagement with emerging literature on innovative pedagogies in legal education; and (c) the author’s personal experience at law schools and international organizations in Asia, Europe, and North America. The article showcases the ongoing pedagogical reformulation in legal education through examples in and outside Asia. It identifies two alternative pedagogies for international law education in Asia: the flipped classroom method and the problem-based learning method. Furthermore, this article develops a four-step framework for problem-based learning in a flipped international human rights law classroom. The proposed pedagogical reformulation challenges the well-established traditional pedagogical approach in the global context. However, the reformulation is not only desirable but also necessary and rewarding to foster a better future for international law education in Asia.
Simulated Problem-Based Learning: Teaching International Law in Exciting Way Ali, Nik Nor Suhaida
Indonesian Journal of International Law Vol. 20, No. 1
Publisher : UI Scholars Hub

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Abstract

This research aimed to discuss the methods for teaching International Law to non-law students. The subject was offered to second and third-year students of the International Affairs Management program at the School of International Studies, Universiti Utara Malaysia. Since the subject required higher-order thinking skills, it was introduced with Simulated Problem-Based Learning (SPBL), which combines role-playing simulation and problem-based learning (PBL). In western universities, simulations, PBL, and role-playing were popular methods in teaching International Law and International Relations. The methods were shown to improve learning skills but were rarely used in teaching International Law in International Relations programs in Malaysia. Therefore, this study aimed to discuss the application of SPBL in teaching and learning and discuss students’ perception of its implementation. The study used data from the student’s reflective essays. The results showed that this method could help students improve their knowledge and nurture soft communication, confidence, and negotiation skills. Moreover, the students’ prior knowledge class size, duration, and design were vital for the simulations to run smoothly. The SPBL was integral into the International Affairs curriculum because it dealt with current world issues. Therefore, it could be implemented in other courses of the program, though it must be carefully designed and suited to the learning outcomes.
Criminal Law Policy in The Field of Fishery Based on Indonesia’s International Obligation Marimin, Marimin; Setyawan, Lazarus Tri; Sularto, RB
Indonesian Journal of International Law Vol. 20, No. 1
Publisher : UI Scholars Hub

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Abstract

The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries Law (especially Article 2013) needs to be amended by confirming the imposition of confinement instead of fines for all citizens who fish illegally in the ZEEI. Although the Fisheries Law adopted the 1982 UNCLOS, it did not emphasize the prohibition on the application of confinement instead of fines. In addition, Article 30 of the Criminal Code has also provided the basis for the imposition of confinement instead of fines. This change aims to provide a deterrent effect for perpetrators of illegal fishing in the ZEEI who have the status of foreign citizens. This objective is also in line with the premium remedial nature of criminal sanctions in the Fisheries Law. In addition, the abolition of the dualism of fisheries crime in the Fisheries Law also needs to be carried out and adjusted to the RUU-KUHP. All fishing crimes should be categorized as crimes.
CEDAW Convention and Engendering Faculty of Law's Curriculum Reinforcement: A Lesson Learnt from Indonesia Kasuma, Iva; Irianto, Sulistyowati
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification of Law No. 7 of 1984, which has been continued by the younger scholars. The establishment of the Convention Watch Working Group of Universitas Indonesia is a fame of light for academics to accomplish their duties to educate and literate law students, legal practitioners, law enforcers, and the wider communities. The process of promoting the CEDAW Convention and strengthening gender equality has been spread to many universities in Indonesia within 30 years, mainly through the program of Engendering Faculties of Law's Curriculum. Presently, no fewer than 75 law faculties in Indonesia provide a lecture on "Gender and Law", with hundreds of law lecturers actively participating in various activities through interdisciplinary collaboration with women's movement and civil society ranging from the local, national, and regional levels. The old history of the Indonesian women's movement before the nation’s independence was carried out by young female law academics. This category of people played important roles in enforcing democracy and justice mainly for the underserved communities.
“Publish or Perish”: The Indian Legal Academicians’ Dilemma of Prioritizing Research vs Teaching Das, Shruti; Sharma, Deepshikha
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Research and Publication has been one of the key indicators of success for an academician. The term “publish or perish” came up with the connotation to understand the pressure academicians goes through for publication of research papers. In recent years, from Indian academic industry perspective, research has been one of the core criteria for promotion and evaluations. University Grants Commission (UGC), the regulatory body for Higher Education in India has made it mandatory to have a doctorate and some research publications to be eligible as an Associate Professor, though the proposed change in the regulation demands doctorate degree as a mandatory criterion to be eligible as an Assistant Professors in Indian Universities. National Assessment and Accreditation Council (NAAC), an autonomous institution of UGC assures quality of an educational institution recognised by UGC, has seven key indicators for giving ranks in the institutions. Institutions not meeting the minimum criteria can be derecognised and barred from conferring degrees. The highest scoring amongst all indicators are research, innovations and extensions and the teaching- learning and evaluation being the second priority. Evidently to get better ranking and thrive in the competition of education impartment, there is more emphasis on research publications. There are various reasons for emphasising on research for improvement of teaching and also contrary opinions. The corelation of evaluation of academicians against the criteria of research publication has proven to risk academic research integrity. The research has analysed documents of UGC and NAAC as also examined promotion and reward policies of five (5) central & state universities in India and five (5) private universities in India who cater to legal education. Twenty (20) Assistant Professors from various law schools in India have been interviewed to obtain insight between individual priorities of teaching and research. The result of the empirical study showed almost 70% of the academicians prioritize research over teaching. The reward system and database analysis also showed overprioritizing of research over teaching. This forces teachers to invest more time and energy for research than teaching their students. For teachers who try to provide equal attention to teaching and research are overburdened and evidently stressed out. The researchers propose some recommendations for Indian Higher education institutions to have a balance of both the responsibilities of an academician.
An Anticolonial Dream against the Disaffection and Dissonance: Teaching the (Other) International Law in India Parmar, Swati S
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The States, self-defined as the civilised, clothed in the ‘refined’ urbane bourgeois created a modern cosmopolitan order at a civilizational scale. The remaining world was driven into a cultural subjection and classified by the ‘civilised’ into these fixated identities while their indigeneity and socio-cultural identity were marginalised. Projected itself as the cradle of intellect, Europe consciously crafted imperialism as a cultural reference for the rest of the world. The colonial encounters left imperial imprints on the peoples of these colonies, the consequences of which remain evident in the styles and pedagogies of teaching international law in the geographical South. Historical injustice and epistemic inequivalence create a strained relationship between the study of international law and a geographical South student, which drives the focus of this paper. Teaching international law requires contemplation of the contents and methods of teaching inclusive of the contributions of non-European societies which otherwise have been held in a legal vacuum by European international law. Redeeming the relegated history of international law has the potential to alter the way the geographical South students view existing international law. Some basic concerns in teaching the subject are foregrounded in the old Austinian handicap, colonial leftover syllabi, and the lack of revamping the teaching pedagogy. I argue that the geographical specificity of reference points can address the disassociation of the geographical South students. Decolonising the syllabi, a context-setting and exposure to the philosophy of international law could considerably change how we read international law in the geographical South.

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