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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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Tanjungpura Port as an International Hub Port to Improve Economic Competitiveness: an Overview from International Law Wiko, Garuda; Kinanti, Fatma Muthia; Syafei, Muhammad; Darajati, Muhammad Rafi; Sudagung, Adityo Darmawan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Indonesian Government is currently in the process of developing several new ports in its territory as a means of supporting infrastructure development and maritime connectivity. One of them is the Development of the Kijing Terminal Port in the Province of West Kalimantan. It is important to study international and national legal regulations related to ports and how they affect the development of Tanjungpura Port, Kijing Terminal, which will be directed to become one of the international hub ports in Indonesia. The research methodology employed in this study is normative, with in-concreto legal study approach. It is found that, the consequence of the status of the "international hub" is that it is necessary to ensure that the best international port management and regulatory systems can be implemented at Tanjungpura Port, Kijing Terminal. The development plan for the Kijing Terminal Area to support increased regional competitiveness includes the construction of a Bauxite Smelter, the construction of the Kijing Industrial area, the construction of the Kijing Special Economic Zone (SEZ), the construction of a nuclear power plant to meet community and industry needs, the construction of the Pontianak - Sei Pinyuh, Sei Toll Road route Pinyuh – Mempawah, Mempawah – Kijing, Kijing – Singkawang, the construction of the Trans Kalbar Railway Road to increase ease of access and the establishment of the PT EUP refinery in Kijing. Several inputs that need to be considered so that Tanjungpura Port Governance can be carried out efficiently include repositioning the Government's role in the management and development of the Port with a focus on supporting market mechanisms and fair competition. In addition, related parties need to stipulate a Minister of Transportation Regulation on Ship Security Management and Port Facilities to provide a reference regarding the implementation of the ISPS Code or International Provisions for Ship Security and Port Facilities.
Relevance of the Remedial Secession Theory for Indonesia's Territorial Integrity Triyana, Heribertus Jaka
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article aims to analyse the remedial secession theory in international law relevant to the current international armed conflict between Russia and Ukraine waged by Russia’s recognition of Donbask and Luhansk independence. It might have legal as well as political impacts on the territorial integrity of a sovereign State such as Indonesia where human rights violations in Papua have become problematic. The analysis in this paper is mainly construed using the paradigm of customary international law as the primary source of international law to find out the relevance of the remedial secession theory in terms of its area, scope, and institutionalization. It provides a framework of analysis on how the state provides elements of legitimate expectation and authority: justification and legitimacy over unclear and/or public discourse on the application of remedial secession theory. This article reveals that remedial secession theory has been practiced under the legal notion of the right of self-determination beyond the decolonization context with certain cumulative requirements, such as the factual existence of gross violations of human rights, last resort, and recognition from the mother country and/or other countries. Secondly, it has relevance for the territorial integrity of a sovereign country since it supports changing the paradigm of international from state sovereignty to sovereignty as responsibility. In this regard, the sovereign state is under an international obligation to respect and protect its own nationals since gross human rights violations committed by the state have been accepted as threats to international peace and security.
Judicialization In and Around the South China Sea Kodama, Yoshinori
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article examines why international legal dispute settlement procedures are traditionally less frequently resorted to in Southeast Asia, compared to other regions. It also analyzes why and how, since the beginning of this century, international legal cases, both judicial and arbitral, have been consistently used for settling maritime disputes in and around the South China Sea. Then, it presents prescriptive suggestions for further use of judicial and arbitral procedures. The method of analysis is based upon the examination and scrutiny of factual materials, including relevant international cases regarding the region, as well as interviews engaged by the author with officials and experts in the region. Universal trends and experience of judicial procedures will be deductively analyzed. The article first summarizes conditions and characteristics in the Asian region, particularly Southeast Asia, where the South China Sea is located. It, secondly, examines the factual basis for international legal cases involving the region, especially from the viewpoint as to how relevant States decided to resort to legal processes, as well as how judgments and awards affect ex post relations between parties. Finally, the article will examine more universal dimensions for the use of judicial or arbitral procedures, particularly factors and elements which encourage the State to resort to such procedures.
The Protection and Preservation of Underwater Cultural Heritage: The Practice of Indonesia Puspitawati, Dhiana; Wardana, Rangga Vandy
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) recognizes the protection and preservation of underwater cultural heritage found at sea by emphasizing preferential rights of the State of country of origin, the State of cultural origin, or the State of historical and archaeological origin. To preserve the rights of such States, the UNCLOS implicitly allows the removal of underwater cultural heritage upon prior approval from coastal States based on the State’s cooperation. On the other hand, the Convention for the Protection of the Underwater Cultural Heritage 2001 (2001 UCH Convention) strictly prohibits any exploitation and commercialization of such cultural heritage and applies the in-situ preservation for underwater cultural heritage. This article aims to discuss the practice of Indonesia in regulating underwater cultural heritage found in Indonesian waters. This research found that Indonesia’s law allows the removal of underwater cultural heritage and made commercial salvage for underwater cultural heritage legal. In addition to this, with the enaction of the current Job Creation Law 2021, underwater cultural heritage is listed as one of the fields in which open-investment is applied. While Indonesia has national laws relating to cultural heritage, provisions on underwater cultural heritage is lacking. This article proposes a model that can be adopted by Indonesia in protecting and preserving underwater cultural heritage. It is argued that although Indonesia is not a party to UCH Convention 2001, it is a party to the UNCLOS and is binded to the provisions envisaged in it, which is to protect and preserve underwater cultural heritage.
Sovereign Immunity in Commercial Transaction Under International Law Siagian, Dewi Susanti
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Under international law, a state is immune from execution or judgement before any foreign jurisdiction. However, parallel with the urge to international transaction including between a state and a corporate, the international community demand a “protection” to the right of a corporate against a foreign government. Thus, international law is introducing a new doctrine of state immunity. Under the restrictive immunity, a state waives its right to immunity so long it become a party in a commercial transaction. On the other hand, the older doctrine which is absolute immunity, is giving the full protection to the state to any claim against it including its assets and properties. The purpose of this paper is to elaborate the current issue regarding the state immunity under international commercial transaction from the perspective of international law. The methodology used for this paper is library research. The research concludes that a sovereign is still having its immunity against any claim brought under international commercial transaction with certain conditions as required under international law.
Balancing Local Community Interest and International Responsibilities in the Context of the Expulsion of Rohingya Refugees in Aceh Havez, Muhammad; Ernawati, Ninin; Pitaloka, Diva; Rosidi, Ahmad; Jumadi, Joko
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

At the end of 2023, a group of refugees that came to the Aceh region committed several acts of misconduct that shocked Indonesia. Such acts included throwing away rice that was given to them by the Acehnese residents, who did so as an act of kindness. However, the refugees disappointed the Acehnese residents with their response. Due to this, the Acehnese residents insist on expelling the refugees from their area, but the local government needed clarification in order to determine their position. On one hand, it is important to take note of the concerns of the Indonesian people, however, there is also a need to protect international refugees. Based on this understanding, this article will discuss what actions the Indonesian government can take in response to the phenomenon between the Acehnese residents and Rohingya refugees. Moreover, what solutions can the Indonesian government provide in order to balance the interests of local communities and international responsibilities, in the context of the expulsion of Rohingya refugees in Aceh? This article concludes that policymakers and stakeholders must collaborate to develop comprehensive solutions that address the needs of the local community and the refugees, fostering a more sustainable and empathetic response to refugee challenges in the future. This study emphasizes the importance of forging a synergy between local and global perspectives in order to acknowledge the interdependence of community interests and international responsibilities in pursuing effective refugee management.
Climate Change Refugees: Striving for an Established Definition for Broader and Better Management Kusumo, Ayub Torry Satriyo; Adiastuti, Anugerah
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

According to the Inter-governmental Panel for Climate Change (IPCC) 2021, The increase in global warming has accelerated the pace at which glaciers melt, thereby leading to a mass migration of people. The United Nations High Commissioner for Refugees (UNHCR) reported that approximately 21.5 million people migrated to more decent places due to climate or geographical conditions. This category of people are often called climate refugees and when the apply for international refugee status, it is declined due to the inability to meet the established criteria outlined by the International Refugees Convention. Unfortunately, the phenomena associated with climate refugee have not been reviewed carefully through legal instruments. The process has also been worsened by legal proposals, multilaterally, and the international community. Therefore, this research proposed that climate change refugees are not international refugees. Specific and specialized bodies are needed to resolve the issue associated with this category of immigrants because of the magnitude of the problem worldwide.
'Othering' of Refugees: An Anti-Thesis to Right Against Discrimination Gulati, Jasmeet
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The process of ‘othering’ and the basis of ‘otherness’ separates marginal from the mainstream and is generally construed as discrimination amongst different social groups. The paper discusses the concept of ‘othering’ with specific reference to the rights of refugees, their plight in the country of refuge, and the attitude of national governments while dealing with the rights of refugees in compliance of international obligations. The process of characterizing refugees as ‘others’ in the host country directly affects their basic rights, which would otherwise be granted to them being refugees under international refugee law. Thus, discrimination stems from the very perspective with which the refugees are looked at by associating them with their problems instead of ameliorating their condition. However, this paper tries to look at the concept of ‘othering’ as a process of ‘enabling’ rather than denying. The ‘othering’ dilutes the status of refugees when used in a negative sense, leading to discrimination when they are denied rights in the host country. The paper adopts the method of descriptive analysis to study the process of ‘othering’ that can be used in a positive connotation, when ‘otherness’ is created to recognize and confer certain rights to them within the host country so that they can have more dignified presence. The cases of Syrian refugees, Rohingya refugees and the recent refugees from Ukraine are used to discuss the rights of refugees. The methodology used in this research is descriptive and analytical based on secondary resources. The research will make value addition to the literature of the conceptual analysis of ‘othering’, which can be used in a positive sense, rather than as a means of discrimination.
Rohingya Persecution in Myanmar and Thoughts on Repatriation: Evidence From Rohingya Refugee Camps in Bangladesh Rahman, Md. Khalid; Amin, Md. Khaled
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The results showed that Rohingyas were tortured, displaced, and victimized of hate crimes as a strategy to gain control over their land, and their properties including farmlands and ancestral homes were destroyed in several villages, especially in Rakhine, Kachin, and Shan states. It has also been observed that the majority of the Rohingyas were willing to voluntarily repatriate to Myanmar when the human rights conditions improve. The study contributed to the local policymakers in making policies related to Rohingya repatriation. Furthermore, it can be an important input for arranging policy dialogues or round table discussions arranged by the protagonists. The study can be extended to examine the current political and socio-economic situation in Myanmar in favour of repatriating Rohingyas to their mainland. In addition, this study contributed to the theories of Rohingya persecution, genocide, as well as safe and voluntary repatriation.
Singapore Convention: Should Indonesia Ratify It? Rifa'i, Ahmad; Ramadhansyah, Dimas
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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As cross-border trading develops, there is an increasing need for an effective dispute resolution system to solve disputes on business transactions. Mediation is a well-established method of efficient alternative dispute resolution that was recently internationally recognized under a specific treaty. The United Nations General Assembly took a resolution to adopt the United Nations Convention on International Settlement Resulting from Mediation (“Singapore Convention”). The Indonesian government has tried to boost foreign investment, but such efforts have been delayed due to a legal enforcement issue, which requires a legal reform to provide certainty for investors by providing a seamless and internationally recognized dispute resolution system. Using a descriptive method on the Singapore Convention and the presence of mediation in Indonesia, this paper will analyze how Indonesia currently recognizes foreign dispute resolution decision under an arbitration system and not any other mechanisms, including mediation, as one of the primary options of an alternative dispute resolution. Therefore, there is an urgency for Indonesia to ratify the Singapore Convention.

Page 54 of 58 | Total Record : 572

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