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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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Researching and Teaching Asian and Hong Kong Private International Law Lui, Wilson
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article considers how private international law in Asia and Hong Kong is developing and should be developed, through both theoretical and practical aspects as evidenced in both research and teaching. It considers what is entailed when speaking of the concept of an “Asian private international law”, looking at it from the lens of researching and teaching Asian law with Asia “as a method” – calling for Asian law to be recognised as an equal to its Western counterpart and to be developed through a comparative analysis among Asian jurisdictions themselves and the pluralistic traditions they employ. It also discusses the development of “Asian private international law” through the current academic literature and the work of various international and regional organisations to date. The article then examines what is required to equip students in the classroom with the ability to truly appreciate the nature of “Asian private international law” by looking at the situation in Hong Kong, where the author designs and delivers a course on private international law at the University of Hong Kong. It reflects on three key improvements that can be made to courses in order to achieve that goal and considers the potential implications this experience of teaching in Hong Kong might have for other Asian universities. This article concludes with future directions and outlooks for Asian and Hong Kong private international law.
The Implementation of Law Enforcement In Combating Terrorist Financing in Indonesia Pati, Nova Vincentia; Senewe, Emma Valentina; Kalalo, Merry Elisabeth; Waha, Caecilia Johanna; Lumunon, Theodorus HW
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Law enforcement in Indonesia terrorism has encountered enormous difficulties when it comes to combating terrorist financing. In contrast, the terrorists who have been imprisoned found that the punishment given by the judge in the court and the deradicalization programs offered by BNPT, the National Counter Terrorism Agency, does not deter them from recidivism. Our research question is whether or not the implementation of law enforcement in combating terrorist financing in Indonesia has deterred terrorists from re-offending. The methodology used in this research is a qualitative method that employs two case studies through in-depth interviews to determine whether or not the implementation of law enforcement in combating terrorist financing through penal and non-penal laws in Indonesia has made ex-convict terrorists refrain from rejoining terrorist organizations. The findings show a gap in the law that needs to be corrected to make the implementation of law enforcement in combating terrorist financing work properly. The spirit of progressive law, namely to offer justice and to provide happiness to the people and aligned with the aims of forming the Indonesian government, was stated in the Preamble of the 1945 Constitution of the Republic of Indonesia, Pancasila, and the body of the 1945 Constitution of the Republic of Indonesia. It concerned human rights principles, and a former convict of terrorist funding is a victim of economic, social, cultural, psychological, and political injustice. The main reason for former convicts of terrorist funding joining terrorist funding groups is because they experienced mistreatment by their families, their communities, and even their government, who in this case is the Indonesian government.
The Urgency in Legal Protection Of The Internment in Non-International Armed Conflict Between The Ethiopian Government and The Tigray People’s Liberation Front Ningtyas, Ika; Putri, Maheswari Trinanda; Rachmawati, Yasniar; Susanto, Fransiska A.; Ruslijanto, Patricia Audrey
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The issue of a legal vacuum in international humanitarian law related to administrative internment in non-international armed conflicts has been a concern addressed in Article 3 of the Geneva Convention and Articles 5-6 of Additional Protocol II. Due to this deficiency, many countries establish their domestic laws. One such example is the non-international armed conflict between the Ethiopian government and a non-state armed group, the Tigray People’s Liberation Front. The issue in this case began with the government's emergency statement for a six-month period, granting broad authority to arrest individuals based on “impossible judgment” and cooperation with a “terrorist group” without a judicial statement. This research aims to analyze the internment taking place in Ethiopia in accordance with the Proclamation of State of Emergency of Ethiopia Number 5 of 2021. The research employs normative-juridical methods, including statutory, case, and conceptual approaches. The results show that there are legal loopholes regarding internment in the non-international armed conflict, leading to arbitrary internment done by all parties involved in the armed conflict in Ethiopia. Therefore, a new concept is required to regulate the procedure of internment in international armed conflicts, aiming to realize legal protection for the prisoners. This procedure can refer to the existing regulations concerning internment in the case of international armed conflict within the international humanitarian law regime of Geneva Convention IV and the Internment Regulation in the international human rights law regime.
Exclusive Legal Personality of States in East Asia and the Legacy of Bandung Pragmatism Toyoda, Tetsuya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

One of the significance of the Bandung Conference was the down-to-earth realism. The People's Republic of China (PRC) was among the major promoters of the conference, despite its mostly unrecognized status in the international community. The exclusive legal personality is the central tenet of the modern system of international law, where non-sovereign entities are strictly discriminated against sovereign ones. The introduction of international law in East Asia in the late-nineteenth century was particularly troublesome with the eventual denial of legal personality of semi-sovereign entities, such as the kingdom of Lew Chew, the Joseon dynasty, or the government of Tibet. East Asia today still sees the co-existence of mutually non-recognizing entities that are PRC and the Republic of China (ROC), as well as the Republic of Korea (ROK) and the Democratic People's Republic of Korea (DPRK). To deal with such a reality, we have established the practice of regional security dialogue where the DPRK has been included since 2000. We have the Asia-Pacific Economic Cooperation (APEC) forum, where both the PRC and ROC have been included in since 1991, leading to the inclusion of two Chinas in the WTO in 2001. The strict distinction between sovereign and non- sovereign entities is only a modern phenomenon, even in Western Europe, where the concept started to develop in the 17th century. The legacy of the Bandung Conference may be reappraised with its sense of pragmatism and be a starter for a postmodern and non-Western conceptualization and configuration of a community of international law.
Artificial Intelligence, Cyberspace and International Law Bhushan, Tripti
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context of state responsibility and the laws of armed conflict. It discusses the challenges posed by the use of autonomous systems and the potential for their misuse, as well as the legal frameworks that govern their development, deployment, and use. Additionally, the paper examines the role of AI in the protection and promotion of human rights, including privacy and freedom of expression, and considers the AI’s potential as a tool for accountability and transparency in international law. Overall, the paper highlights the need for continued discussion and collaboration among stakeholders in order to ensure that the development and use of AI and cyberspace technologies are consistent with international legal norms and values. The paper concludes by providing recommendations on how international law can respond to the challenges posed by AI in cyberspace.
International Tribunals Approach Toward Maritime Boundaries Delimitation of an Archipelagic State Nurbintoro, Gulardi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime boundary delimitation cases involving an archipelagic State were presented before an adjudication tribunal, namely the 2006 Barbados/Trinidad and Tobago Arbitration and the 2023 Mauritius/Maldives Delimitation of the Maritime Boundary in the Indian Ocean. This paper aims to review and analyze, in spite of the limited jurisprudence, how tribunals interpret and apply the provisions of maritime boundary delimitation to an archipelagic State. Mindful of such limitations, this paper does not aim to provide a conclusive review of today’s state of archipelagic State concept. It views the limited jurisprudence as evidence that issues pertaining to maritime boundary delimitation of an archipelagic State are largely unexplored and require further sanctioning through State practices and through judicial decisions.
Conceptions of Legitimacy Under International Human Rights Law and Islamic Rights Law Nabeel, Raas
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Islamic law, or the shariah, is a rich body of legal rules and obligations that aims to protect individuals from wrongs committed to each other and wrongs committed to God. However, Islamic law is often considered to be at odds with international human rights law, particularly in certain domains such as gender rights, the freedom of expression, the freedom of religion, and the right to dignity. Muslim-majority States have criticized the Universal Declaration of Human Rights, the International Bill of Rights, as well as other international human rights conventions for the seeming incompatibility of their obligations with the rules, practices, and customs of the shariah that they are bound by. Muslim states have already lodged reservations and declarations against norms in certain conventions. However, in some cases, this has resulted in the complete abrogation of these of these norms, rather than a reserved application of them. This paper will examine the clash between international human rights law and human rights under Islamic law, with a particular focus on the aforementioned rights. I argue that said clash should not be used to undermine the legitimacy of either framework, but rather as the impetus to understand what makes the conceptions of each right individually legitimate. Ultimately, the paper will end in questioning whether the ‘universalism’ of international human rights law as a façade for ‘whatabouttery’ and virtue-signaling, as opposed to a genuine concern for consistent human rights law around the world.
Crisis and General International Law: Lessons from the Russia-Ukraine Conflict Alexander, Atul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The ongoing Russian aggression in eastern Ukraine has instilled fear in humanity, with concerns of a possible third world war. Furthermore, international law has been criticized for its lackadaisical role in halting the Russian aggression. The United Nations Security Council (UNSC) has not been able to pass a resounding resolution condemning the attacks. Although the United Nations General Assembly (UNGA) overwhelmingly adopted a resolution demanding that Russia immediately cease military operations in Ukraine, the resolution is not binding, despite being persuasive. This brief article highlights the structural crisis in general international law to effectively combat the tragedy unfolding in Ukraine. Some of the structural shortcomings studied include consent, veto, lack of accountability and flimsy sanctions regime. This paper is divided into two main themes. Firstly, it maps the structural crisis in general international law in the context of the ongoing Russia-Ukraine conflict. Secondly, it provides a possible solution to address these issues. A structural crisis refers to a simultaneous crisis in many fields of international law, or what might be called a generalized crisis. It is concluded that although general international law provides several avenues to overcome these structural crises, it has failed to deliver due to a lack of will from the States.
Discourse Enterprise in Natural Resource Management for the Common Heritage of Mankind Syofyan, Ahmad; Natamiharja, Rudi; Aida, Melly; Aini, Desy Churul; Daryanti, Daryanti; Januarti, Rasti Putri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Common Heritage of Mankind (CHM) is a principle in which all entities can manage the natural resources that exist in the world and must share the benefits of their exploitation with other entities for the common good. However, the principle of CHM has not been structurally and legally regulated in space. The enthusiasm about ‘infinite natural wealth’ that space and seabed mining can produce, particularly in developing countries, means that they can benefit from the activities carried out in order for their regional and mineral resources to be declared as the heritage of mankind. The hypothesis obtained from this research will explore the principles of rules for the management of exploration and exploitation in general of natural resources by international enterprise within the CHM regime and analyze the need to establish management enterprise and international authorities/ organization to manage natural resource exploitation activities as a common heritage. Finding and formulating the urgency of the formation of a business entity and finding a suitable formulation of principles for managing the results of natural resource exploitation activities with international organizations in CHM for international enterprise as business actors who are obliged to have ideas about the mechanisms and procedures in managing Space that has brought out for the exploration and exploitation of the common heritage of mankind. The idea in the International Statute could be the basis for adding a new norm in international law.
Market Access Obligations and Foreign Investments in Renewable Energy: an Analysis of International Trade and Investment Law Instruments Ghaziani, Mohammad Akefi; Fazaeli, Mostafa; Ghaziani, Moosa Akefi; Amin, Huma
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different levels of market access. Moreover, the possible contribution of these provisions in each case depends on the approach of the applicable agreements to the renewable energy sector in particular. Therefore it is also important to collaterally understand the overall approach of international trade and investment agreements to this sector since it appears to be a two-dimensional matrix. Therefore to clarify the possible contribution of market access provisions to the promotion of foreign investments in the renewable energy sector, this article, after providing an introduction, expounds on the status of the applicable market access obligations to this sector under trade law. Consequently, it deals with the approach of IIAs in this regard. Finally, it concludes that so far both the legal systems have to a great extent overlooked the importance of establishing robust pro-renewable energy market access obligations.

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