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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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De-centrality of ASEAN Law to Address US-China Rivalry in the South China Sea Basir, Salawati Mat; Abd Aziz, Saidatul Nadia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Evolving Southeast Asian geopolitics offer opportunities and risks. Central to the global East-West sea route of communication and rich in land and sea resources, this region has been a geopolitical hub since ancient times. The key question is whether China's strategic actions weaken US-ASEAN relations and has an impact on regional powers. This highlights the Association of Southeast Asian Nations’ (ASEAN) importance in regional stability. This study employs qualitative research that collected data through descriptive, analytical, and case studies. ASEAN is facing challenges in effectively handling the rivalry in the Indo-Pacific area. It also has the capability to manage uncertainty within the area. Nevertheless, the “power dilemma”, particularly when significant powers want to alter the circumstances, is unavoidable. The South China Sea Arbitration altered the dynamics of territorial sovereignty. Failure to resolve the territorial dispute may jeopardize the cohesion of ASEAN and have repercussions for all its member states. ASEAN law or legal mechanism, namely ARF, ADMM, Declaration of Conduct, Code of Conduct and UNCLOS faces challenges due to a lack of coherence and a central guiding principle. It is inevitable that influential forces will meddle in regional affairs. These findings imply that ASEAN's law role in integrating Southeast Asian nations and establishing positive international cooperation and strategic partnerships is vital for successfully balancing disruptive forces. ASEAN deploys hedging and enmeshment methods to ensure dynamic alignment possibilities and make strategic adjustments easier when opposing big powers maneuver. Relevant analysis strongly suggests that ASEAN, a regional stability instrument, can influence Sino-US competitiveness.
Environmental Law and Economic Law Review: Is Green Economy and Environmental, Social, and Governance (ESG) Green Economy or Greenwashing? Latif, Birkah; Shah, Mohammad Qadam; Daud, Aidir Amin; Napang, Marthen; Liman, Padma D.; Camelia, Indah; Syarif, La Ode M.; Rifai, Andi Tenri Famauri; Ali, Aldi Yusa; Gloria, Adelin Yohana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In implementing the SDGs according to the principle of green economy, countries are competing to apply the ESG concept which aims to identify all non-financial risks and opportunities related to the company's routine, especially those related to Environment (E), Social (S), and Governance (G), to achieve sustainability development in business through corporate actions. Such well-founded implementation within a company will generate a positive impact and increase the appeal for investors amid today's fierce business competition. The ESG is expected to be the key in promoting economic improvement without sacrificing environmental aspects.
Extraterritorial Jurisdictions: Implementation of Foreign Public Officials in United States, United Kingdom, and Indonesia Ginting, Jamin; Fadjar, Raden Febriarto; Talbot, Patrick
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also has an international bribery law for British entities called the United Kingdom Bribery Act 2010. The research issue is the implementation of the bribery article to the providers and receivers, under the conditions that they are not Indonesian citizens and the crimes were done outside of Indonesia. By using normative legal research method, the authors expect to provide an overview of Indonesian legal arrangements regarding the bribery of foreign public officials in order to banish foreign bribery practices that involve Indonesians and foreigners.
The International Court of Justice and Clean Hands Doctrine: Shifting Approach With Reference to the Certain Iranian Assets Case Alexander, Atul; Khanna, Tanay
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

States have often invoked the clean hands doctrine (CHD) before the International Court of Justice (ICJ). The prevailing practice among States is to invoke the CHD with the purpose of deeming the assertions of the opposing State as impermissible or challenging the jurisdiction of the court. While the ICJ has constantly refused to uphold any argument based on the CHD, there are judges whose individual opinions have upheld the validity of the CHD. A common trend that is witnessed in cases where the courts have agreed or rejected the applicability of the CHD is when the application is not based on any set parameters. There is no conclusive test for the application of the CHD. Moreover, the validity of the CHD is also questioned as it allows a State to commit internationally wrongful acts without any responsibility attached. This paper tries to give a new understanding of the CHD by laying down a concrete set of parameters that the ICJ should consider. It does so by taking into consideration the standards suggested for applying the CHD in the Certain Iranian Assets Case. Additionally, the paper explains why the application of the CHD is essential to uphold and respect the principles of State responsibility. It is thereafter concluded that since the traditional understanding of the CHD limited its application to the preliminary phase, the CHD needs to be shifted to the merits phase in light of the contours suggested by the authors. It should be noted that the paper is limited to the discussion of a test for the CHD and does not delve into the status or legality of the CHD on an international level.
The Need for the Enactment of Prize Law Legislation in Indonesia Yoga, Pornomo Rovan Astri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. Even though the prize law is an old body of law, its applicability is still likely in the future’s armed conflict at sea. For this body of law to be applicable, many variables need to be discussed, especially regarding the relations between Indonesia’s domestic law and international law. The need for the accession of international treaties related to the prize law is also an important subject matter. This article found that the non-existence of the prize law means that there is a big gap in the law that needs to be filled.
Problems of Obligation to Use Indonesian as Trademarks Against International Principles Concerning Words as Mark Gultom, Hosiana Daniel Adrian; Sardjono, Agus; Budi, Henry Soelistyo; Yuwono, Untung
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This is because Indonesia has ratified the Paris Convention, TRIPs, and TLT and harmonized its trademark law. However, there is an obligation for Indonesian citizens and its legal entities to use Indonesian words as trademarks. This article encompasses normative legal research using a statutory approach. Indonesian trademark law has accommodated the doctrine of likelihood of confusion as well as dilution. The law also implicitly recognizes five categories of wordmarks, which are: invented words, abbreviation including acronyms, arbitrary, suggestive, and generic. The obligation to use Indonesian words as trademarks limits the creation and use of words as trademarks. This norm appears to be formulated without a proper understanding of trademarks. Indonesia does not need norms like this. All trademark stakeholders must pay attention to this norm and apply for revocation.
The Potential Escalation of Strategic Partnership Conflicts in the Indo-Pacific Region from the AUKUS Trilateral Defense Pact Edwina, Yodia Adriatami; Edwina, Yossica Ariatami
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The aggressiveness demonstrated by China in the South China Sea has caused instability and tension in military conflicts within the Indo-Pacific region. This aggressiveness was specifically demonstrated with the aim of controlling the sea in the region and considered a threat to maritime security, In an effort to balance the Indo-Pacific region against the aggressive attitude of China, the Trilateral Defense Pact agreement was made by Australia, United Kingdom, and United States. Despite the presented advantages associated with the effort, it is important to state that the agreement has raised concerns in Indonesia regarding its implications for maritime stability and the broader regional security landscape. Therefore, this study aims to thoroughly examine the probability of conflict escalation arising from the AUKUS Defense Pact. In order to achieve the stated objective, a descriptive analysis of normative publications was carried out using a literature review with a case-study approach. The study included a comprehensive examination of the developments that occurred in the Indo-Pacific region with a specific focus on the influence of the AUKUS Defense Pact. The obtained results showed that the AUKUS defense partnership agreement led to increased concerns among Indo-Pacific nations regarding national security. Regardless of the fact that the AUKUS aims to counterbalance the aggressive dominance of China, Indonesia has responded strategically by enhancing its maritime security efforts to maintain sovereignty.
Legal Instrument Under the “ASEAN Way”: The Case of ASEAN Convention Against Trafficking in Persons Wirawan, Made; Novikrisna, Dian
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This study was mainly raised because of the contradictory situation between ASEAN’s informal practices, embodied in the ASEAN Way, and the emergence of the ASEAN Convention against Trafficking in Persons (ACTIP) as a legal instrument for the basis of formal cooperation. Hence, it is important to understand the current situation of the ASEAN Way on a legal instrument by examining how ACTIP conforms with the ASEAN Way principles and influences its compliance. Drawing on the concept of legalization as discussed by Abbott et al. (2000), the research employs a qualitative method and a case study approach to analyze ACTIP’s provisions and their alignment with the ASEAN Way. The findings reveal that ACTIP’s conformity with the ASEAN Way positions it as a soft law. However, this allows member states to achieve ACTIP’s goals while managing uncertainties and preserving their sovereignty. Significantly, this study highlights the adaptation of the ASEAN Way in a legal instrument that uniquely poses no significant problems and instead works to suppress the tradeoffs of international law.
Bebas-Aktif: On the Law of Neutrality Applicable to Indonesia Afriansyah, Arie; Nasu, Hitoshi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Tensions have heightened in the Indo-Pacific, with the People’s Republic of China engaging in aggressive behaviors in the South China Sea, confronting India in border disputes, and poising itself for a forcible unification of Taiwan in the midst of a great power competition with the United States. While the situation remains precarious, it is imperative for Indonesia to consider how it might position itself if a large-scale armed conflict erupted in the region. Indonesia could plausibly maintain a neutral status without taking part in hostilities, pursuant to its long-standing “free-active” foreign policy. In such a case, the law of neutrality will regulate Indonesia’s relationship with belligerent parties according to corresponding rights and obligations derived from neutral status. However, this body of law is in a state of constant flux, with pragmatic considerations often prevailing over normative consistency. This article explores how Indonesia might implement the law of neutrality to maintain peaceful relations with belligerent parties, with a focus on three specific issues pertaining to its national interest: (1) closure of its archipelagic waters; (2) arms export control; and (3) the protection of its cyber infrastructure. This article concludes by finding that Indonesia is well positioned to make a pragmatic choice based on the geopolitical and socioeconomic conditions prevailing at the time but must pre-empt various legal risks by building its practice and expressing its opinio juris to shape the development of customary international law in this field.
Persistent Collaboration: Between International and Indonesian National Law on the Utilization of Earth Orbit Alfathimy, Deden Habibi Ali; Ardes, Runggu Prilia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper examines the legal issues surrounding the utilization of Earth orbit as a valuable and finite resource for Indonesia and other countries by exploring the monism-dualism debate in the context space law discourse in Indonesia. The study starts with the discussions on monism and dualism in Earth orbit regulations. Then, the article explains relevant legal matters on space activities and the varying stances of some States before subsequently discusses legal divergences in Indonesia. The analysis of the article discloses both consistency and inconsistency between Indonesian national and international space law. The findings of this paper reveal that under the framework of monism, Indonesia can contribute to conforming State practices in international legal matters related to space activities through persistent collaboration as opposed to both persistent objection and acquiescence.

Page 56 of 58 | Total Record : 572

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