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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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Implementation of ISO 14001 Standard by World Trade Organization (WTO) Based on Technical Barriers to Trade (TBT) Agreement and Its Practices in Indonesia Ferdi, Ferdi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The implementation of the ISO 14001 standard by the World Trade Organization (WTO) has been regulated in the Technical Barriers to Trade (TBT) Agreement (Annex 1A WTO). ISO 14001 is an Environmental Management Standard (EMS) issued by the International Organization for Standardization (ISO). ISO is one of the organizations that determine the international standard. The standard set by ISO has been utilized to equalize the standard of the WTO members in world trade (Preamble TBT Agreement). The WTO is an international organization regulating world trade to ensure it flows smoothly. TBT oversees that the technical regulations and standards, including packaging, marking and labelling requirements, and procedures for assessment of conformity with technical regulations and standards do not create unnecessary obstacles to international trade. One of the standards ISO sets in world trade is ISO 14001, the Environmental Management System (EMS). The WTO has decided that the EMS standard is one of the requirements for goods and services to be traded internationally. Several developing countries of the WTO members consider EMS a breach of the TBT Agreement conducted by developed countries. Export demands using ISO 14001 are considered to be contrary to the non-discrimination principle of the WTO free trade system, as EMS is merely a non-compulsory standard regulated as a mandatory trade requirement by developed countries. Indonesia as a member of both ISO and the WTO has had its own record in implementing the policies of these organizations. This article will discuss the practice of ISO 14001 in the member states of the WTO, including Indonesia as sample of it implementation.
Narrating The Effective Law for Foreign Direct Investment Meliala, Aurora Jillena; Prakasa, Adinda Putri; Woods, Jonathan Andre
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Amidst the inflation phenomenon, the government approach to raising interest rates, and the threat of global recession, Foreign Direct Investment plays a pivotal role in boosting targeted economies. However, investors impugn the investment regulations’ efficacy and alternative dispute resolutions. Specifically, in the case of International State Dispute Settlement, to be claimed as an essential process in the investment regime, it has to guarantee the rights of private parties to sue a sovereign nation under the protection of public international law – usually manifested on BIT clauses. However, this study showed. BITs do not serve to attract additional FDI. While BITs indicate the certainty of law, they have not been acknowledged to signal a safe investment climate. Potential investors seem to have little awareness or appreciation of specific BITs. In this study, we conduct empirical legal research —underlying Economic Analysis of Law and Comparative Study. The data were collected by interviewing Executive Directors and surveying investor members from various chambers of commerce in Indonesia. The ultimate aim of the approach is to contribute to a systematic understanding of shaping, strengthening, and narrating the effective law as the determinant of foreign direct investment based on empirical data and direct inquiries from investors. In this article, we give an overview of the concept of FDI and trace the original rules and core principles governing FDI, followed by outlines of the current framework for foreign investment. We then discuss varying degrees expected by investors with different characteristics, such as nationality, in discussing the effectiveness of the law.
Review on Illegal Wildlife Trade Provisions in Indonesia: Cost-Benefit Analysis and Law Enforcement Eryan, Adrianus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At the time of this writing, the Conservation of Biodiversity and Ecosystems Act Number 5 Year 1990 is also in the revision process in the parliament. Thus, this article argues three crucial revision points: promoting the recognition of illegal wildlife trade as a transnational organized crime, increasing the cost of the crime, and proposing restoration-oriented law enforcement to promote concrete and positive impacts to the sustainability of wildlife, ecosystems, and biodiversity.
European Union’s Approach to Reforming International Investment Law Alexovičová, Iveta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The European Union (EU) continues to be a firm proponent of the international protection of foreign investments through a web of (mostly bilateral) investment agreements, initially developed and spread all over the world by its Member States. Nonetheless, shortly after acquiring its own competence in this area, the EU has joined efforts to reform the system in order to ensure greater balance between the investment protection and the states’ right to regulate in pursuance of other legitimate policy objectives. The EU has developed its own reform approach covering both substantive and procedural features of the system, and adopted an increasingly diversified approach no longer involving investment protection in all cases. This contribution discusses the EU’s approach to international investment law reform and highlights a number of standing concerns that do not seem to be effectively addressed in the EU’s international investment agreements yet.
Legal Instruments on Marine Plastic Litter in the EU and ASEAN Tarigan, Muhammad Insan
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Marine plastic litter represents a transboundary and oceanic health concern that has emerged as a collective responsibility of all countries. Consequently, all countries, including regional member states, must collaborate to assume an active role in developing solutions to this challenge. Regional agreements play a pivotal role in facilitating the implementation of policies and initiatives. However, there is currently no comprehensive global treaty in place to address the issue of marine litter and plastic pollution. With regard to the European Union, the European Commission has adopted a legislative framework with the objective of reducing the pollution of the marine environment caused by plastic. Furthermore, ASEAN Member States have expressed concern regarding marine plastic pollution and have continued to enhance their comprehension of the pertinent issues. Nevertheless, the current legal instruments employed to combat plastic waste in the Southeast Asia region are not legally binding. This paper therefore focuses on exploring the ASEAN approach to marine plastic debris based on ASEAN legislative and policy documents. Regional policies tend to adopt a holistic approach to the problem, focusing on the causal stages of the plastic waste emergency. However, binding regional policies in the EU are more targeted. This paper compares the strategies adopted by ASEAN and the policies adopted by the EU to address marine plastic debris. Therefore, every chairman of ASEAN must be a consistent advocate for the resolution of the marine plastic debris problem in Southeast Asia.
(RETRACTED/DITARIK) Improving Indonesia’s Palm Oil Sustainability Through Financing: A Study on Disconnects and Potential Policy Solutions Wahid, Wewin Wira Cornelis; Aprillia, Kanaya Ratu; Ramatia, Deasy; Setiawati, Nadya; Subkhi, Syukron; Swastika, Abdul Baits Dehana Padma; Rianawati, Elisabeth
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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This article has been temporarily retracted following an internal investigation by IJIL at the request of the authors. This decision has been made due to ethical concerns. We sincerely apologize for any inconvenience this may have caused to the readers, reviewers, and researchers who may have been impacted by this issue.
Assessing Inclusivity vs. Exclusivity: Impacts on ASEAN Trade Facilitation and Human Security Putranti, Ika Riswanti; Warsono, Hardi; Paganizza, Valeria; Hadi, Dedi Abdul; Alfian, Muhammad Faizal; Subhan, Muhammad; Fatharini, Anjani Tri; Hudaya, Maula; Zuliyan, Muhammad Arief; Setiyaningsih, Dewi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The ATIGA (Association of Southeast Asian Nations Trade in Goods Agreement) is an evolution of economic cooperation among ASEAN member countries which began in 1977 with the PTA (Preferential Trade Agreement) embryonic concept and was developed in the 1990s with the CEPT (Common Effective Preferential Tariff). It has driven a significant increase in intra-trade and external trade in the Southeast Asian region. The agreement was to establish a free trade zone that provides the concept of “preferences” by reducing tariff and non-tariff barriers for member countries in order to encourage regional economic growth through trade creation and trade diversion is considered capable of strengthening the integration of regional regionalism. Indonesia is one of the key players in ASEAN and is interested in being able to increase its role in trade and economic development in the Southeast Asian region. It continues to strive to ensure commitment to implement the ATIGA can be realized by opening the widest possible access for all elements. Indonesians can take advantage of the facilities provided in international agreements. This research uses a qualitative explanatory method. The research finding shows in line with the increase in the flow of goods and services in the region, the challenges of implementing a regional free trade zone are also increasingly complex and causing several impacts that need to be studied immediately, such as environmental issues, food security, terrorism, intellectual property rights, and human rights. The paradox of service versus security in service-oriented trade facilities should not simply abandon the element of oversight to safeguard national interests, one of which is in the aspect of fulfilling human security.
Analysis of the Implications of the Water Convention and Protocols for Water and Health Jusuf, Ester Indahyani; Allagan, Tiurma Mangihut Pitta; Eryando, Tris
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Many international conventions contain positive values for humanity, which are in line with the human rights values guaranteed by our country’s constitution. The Indonesian state constitutionally guarantees the right of every Indonesian citizen to live a healthy and prosperous life, including providing water for every Indonesian citizen. However, it turns out that the Indonesian State has so far chosen not to ratify or access the Water Convention and the Water and Health Protocol, the contents of which are the good intentions of the countries participating in the convention to maintain the availability and quality of world water. This article provides a descriptive overview and comparison between the standards of the Water Convention and the Protocol on Water and Health of WHO (the Water Convention), alongside relevant Indonesian laws, namely Presidential Regulation of the Republic Indonesia Number 37 of 2023. Despite the participation of 52 states to the Water Convention 1992, Indonesia has yet to do so. The government of Indonesia has made numerous efforts that are in line with the objectives and contents of the Water Convention. However, it is undeniable that Indonesia will encounter problems and challenges if it pursues the process of accession. The problems might emerge from the perspectives of legal, public health, as well as social and economic. Considering the potential logical consequences, this article suggests Indonesia is currently adhering to the stipulation outlined in the Water Convention despite the absence of willingness to accede to it. The research employs a doctrinal approach, concurrently examining the norms and regulations inherent in the Water Convention and the newly Indonesian regulation on water management and the standards of water. Research question: Is the attitude of the Indonesian State not to ratify or access the Water Convention and the Water and Health Protocol contrary to the constitution and the principles given to Indonesian Human Rights, namely the right to life?This question was born by considering sociological rules or legal policies that one of the requirements for humans to be able to live is health. One way for human swimmers to be healthy is the availability of water in good quantity and quality throughout their lives. This research uses a public policy analysis approach, especially the theory of George C. Edwards III, with observations of state financial administration in the process of implementing human rights. The novelty of this article predicts the impact of the ratification of the Water Convention and the Water and Health Protocol for the Indonesian people; The contestation includes human rights in the field of clean water by including human rights in other fields as well as Indonesia’s political economic interests.
Single Maritime Boundary and Dual Maritime Regimes: Case Study of Indonesia Djundjunan, Bebeb Abdul Kurnia Nugraha; Adolf, Huala; Siswandi, Achmad Gusman; Agusman, Damos Dumali
Indonesian Journal of International Law
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Various judgements of international tribunals have shown a trend of the use of Single Maritime Boundary (SMB) in solving maritime boundary disputes. The application of SMB by international tribunals are based on the submission of the parties in dispute, typically to simplify the maritime boundary delimitation process. The concept of the SMB line, which puts the Exclusive Economic Zone and Continental Shelf boundaries into one line, has grown into a deceptive perspective when taking into account that the provisions under the 1982 UNCLOS, particularly Articles 74 and 83, are the same. The application of SMBs is likely to be disadvantageous for Archipelagic States. Studies based on several cases such as the Gulf of Maine, Libya/Malta, Qatar/Bahrain, and Bangladesh/Myanmar indicate that certain perspectives of “judicial” SMBs is accepted by State practices. Nevertheless, in the Qatar/Bahrain case, the preference to establish separate or single line relies on the States themselves. Despite the growing trend to implement SMBs, Indonesia has consistently acknowledged the distinct regimes of the Exclusive Economic Zone and Continental Shelf, as stipulated in the 1982 UNCLOS. Since the entry into force of the 1982 UNCLOS, Indonesia’s position on delimitation emphasizes on the distinction between the Exclusive Economic Zone and the Continental Shelf. Under Indonesia’s practices, the agreed negotiation may be done by extracting two lines in the same agreement or one line in two different agreements. This article will examine the Single Maritime Boundary under international law as well as related state practices and Indonesia perspective and experiences.
Domestic Implementation of International Law in Indonesia and Thailand Kusniati, Retno; Aekaputra, Prasit; Pitpiboonpreeya, Nhonlaphat
Indonesian Journal of International Law
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This study aimed to examine the challenges related to domestic implementation of international law by comparing practices in Indonesia and Thailand. When both countries participated as State Parties to international treaties, this participation had legal consequences not only in the relationship with other states but also in implementing obligations under the relevant treaties through a transformation process governed by the Constitutions. Although most countries regulate the transformation of international treaties within the constitutions, Indonesia does not have the provisions. In contrast, Article 178 of the Thai Constitution provided a process for transforming international treaties into Thailand domestic law despite certain clauses of the article containing ambiguities that could require amendments to clarify the scope. To avoid uncertainties surrounding the validity of international treaties in domestic implementation, the first section of this study analyzed Indonesian and Thai practices in implementing law. The second section compared how the courts of both countries handled the positioning of international treaties. The final section provided recommendations for improving the integration of treaties into domestic law in both countries. In this context, constitutional amendments in both countries would be necessary. However, this decision would depend on the government’s awareness of national interests and could require further adjustments in the transformation process of treaties into domestic law.

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