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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 580 Documents
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Challenges in the Enforcement of International Legal Framework Against Child Soldiering Ekpa, Shedrack; Atidoga, Daniel Friday
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has continued to thrive with brazen impunity. It is recommended that more synergy be deployed towards ensuring effective co-operation amongst stakeholders with a view to enthroning purpose driven enforcement which has been identified as one of the innumerable challenges confronting the effectiveness of international law generally. Furthermore, State parties should fully align themselves with the provisions of applicable international instruments against child soldiering, based on the principle of pacta sunt servanda.
FATF Recommendation and Charitable Organizations Supervision Policy in Indonesia: A Study on the Prevention of Terrorism Financing Muslim, Fithriadi; Zulfa, Eva Achjani
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This research aims to analyze the supervision policies of charitable organisations in Indonesia, particularly in the context of preventing terrorism financing, and comparing them to international provisions, such as the Financial Action Task Force (FATF). It also explores the oversight practices in other countries to identify the best practices that Indonesia can adopt. The research addresses two key questions: (1) How do Indonesia’s supervision policies for charitable organisations prevent terrorism financing? (2) How do Indonesia’s supervision practices compare with international standards in preventing terrorism financing? This study uses a normative juridical approach, focusing on legislative and comparative methods. Primary legal sources include relevant laws and regulations, while secondary sources consist of literature reviews and prior studies. The research analyzes the phenomenon of charitable organisations being misused for terrorism financing and examines the ideal legal framework to prevent such misuse. FATF recommendations on Non-Profit Organisations (NPOs) serve as a benchmark for this analysis. The comparative aspect of this study provides insight into how other countries manage charitable organisations to mitigate the risk of terrorism financing. Insights from countries like the United Kingdom and United States highlight the importance of targeted outreach, mandatory audits, and advanced risk-based policies. Ultimately, this research proposes to integrate these practices into Indonesia’s supervision policies to enhance effectiveness, being aligned with FATF standards, and preserve the integrity of the charitable sector.
Mapping the Mechanism for Trade Dispute Resolution in the Bilateral Free Trade Agreement Between Indonesia and Partner Countries Wiko, Garuda; Kinanti, Fatma Muthia
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia actively promotes international trade liberalization through various free trade agreements (FTAs) with partner nations. This study focuses on the dispute settlement mechanisms (DSM) within Indonesia’s bilateral FTAs, given that most partners are members of the World Trade Organization (WTO), making this relevant comparison. The research is divided into three main parts: explaining international trade dispute settlement mechanisms, mapping DSMs in Indonesia’s FTAs, and a comparative analysis. It aims to answer how dispute settlement mechanisms are structured in Indonesia’s bilateral FTAs. Based on the mapping, it is found that the majority of Indonesia’s bilateral FTAs align with WTO dispute resolution methods, but it lacks appellate mechanisms. The DSM in bilateral FTAs can be an alternative to resolve trade disputes to obtain a more final and binding decision, considering that all FTAs only use first-level adjudication. This is significant, especially with the WTO Dispute Settlement Body (DSB) experiencing panel member vacancies, rendering the appeals process obsolete.
Divorce of International Mixed Marriage and Marriage held Abroad and Indonesian Private International Law Allagan, Tiurma M. Pitta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian marriage law, as the applicable law to decide grounds of divorce. This article will thus examine five cases based on the principles of Indonesian private international law; firstly, on how Indonesian courts state that it has an authority to settle the submitted claims; and secondly, settling the case according to its law, as in line with the principle of “lex fori”. This research employs normative juridical research upon five cases of divorce that was settled before the Indonesian courts. This article finds that Indonesian judges imply international civil procedural law and Indonesian law as the applicable law in settling the divorce cases in question accordingly.
Investment Arbitration: On The Availability of the State Counterclaim Maarif, Syamsul; Mustofa, Latif; Husni, Alfi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper explores the availability and significance of state counterclaims in international investment arbitration, a mechanism typically perceived as favoring investors. While investor-state dispute settlement (ISDS) provides foreign investors with powerful legal recourse, it has led to concerns over the asymmetry in investor-state relations, often perceived as skewed against host states. By allowing states to file counterclaims, a more balanced and sustainable arbitration framework can be achieved, discouraging baseless claims and promoting fairness. The analysis draws on arbitration rules of major tribunals, including the ICSID and UNCITRAL frameworks, and reviews notable cases such as Metal-Tech v. Uzbekistan, Al-Warraq v. Indonesia, and Perenco v. Ecuador to illustrate how tribunals handle state counterclaims and the associated legal hurdles. The paper emphasizes that for a counterclaim to be admitted, it must align with the agreement to arbitrate, meet jurisdictional requirements, and be supported by the applicable treaty’s provisions. The research concludes that while state counterclaims are theoretically permissible under current arbitration rules, their practical application remains constrained by treaty language and procedural norms. Allowing counterclaims more explicitly could deter opportunistic claims by investors and foster a more equitable ISDS system.
Analyzing the Role of Socio-political and Cultural Factors in the Implementation of Transitional Justice in Afghanistan From 2001-2021 Alawi, Narwan; Peerzada, Tufail Ahmad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the principles of transitional justice were ignored by the political establishment, supported by the external forces, which shattered the hopes of those affected by the conflict. In addition to the instability of government institutions, the reluctance of the international community to guarantee transitional justice in Afghanistan, the political influence of warlords and military commanders, and the fragile security situation in Afghanistan further hindered the implementation of transitional justice. This article primarily aims to analyze the role of socio-political and cultural dimensions of Afghanistan in affecting the implementation of transitional justice in Afghanistan from 2001 to 2021.
Emergency War Arrangements In ASEAN: A Comparative Analysis Susanto, Ardi; Ayuni, Qurrata
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law study to determine and observe the pattern of these arrangements to be implemented in Indonesia. The results of research regarding the practice of war in 10 ASEAN countries. Firstly, the constitutional pattern in ASEAN countries follows the parliamentary model. Secondly, there are checks and balances between parliament and the government during a state of war. Thirdly, in a state of war or other emergencies, it is necessary to extend the term of office of the parliament and the president. Fourthly, the extension and termination of a state of war or other emergency is in the hands of parliament. Fifthly, the existence of a time limit is necessary during a state of war. Sixthly, exceptions in a state of war include constitutional amendments prohibited, the parliament may not be dissolved, and can restrict or suspend human rights. Lastly, in Indonesia, it is necessary to include the DPD in the declaration of a state of war.
Legal Implications of the Mauritius v Maldives Case on the Delimitation of Archipelagic States Nasheed, Aishath Ruhsha; Mohd Kamal, Mohd Hisham
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Maritime boundary delimitation is a complex field of international law characterized by uncertainty and unpredictability. Historically, States have relied on case law to develop and elaborate on the ambiguous provisions stipulated under the United Nations Convention on the Law of the Sea (UNCLOS) concerning maritime boundary delimitation. However, case law related to the maritime delimitation of archipelagic States is limited, leading to conflicting interpretations of the basic principles of maritime delimitation in the context of archipelagic States. This paper aims to examine the legal implications of the latest Mauritius v. Maldives case on the maritime boundary delimitation of archipelagic States. The research methodology employed for this study consists of a comprehensive literature review and an in-depth analysis of the relevant cases. The paper finds that despite the Mauritius v. Maldives case clarifying some of the key complications faced by archipelagic States, the case has ultimately added to the confusion owing to the Special Chamber’s approach concerning the allocation of half effect to Bleinheim Reef in the second stage of the delimitation process. The paper concludes that although further elucidation of the maritime delimitation law in the context of archipelagic States is required, any new jurisprudence should prioritize clarity, transparency, and consistency in the delimitation process, particularly in relation to the selection of base points and the effect given to insular features.
The Structural Obligations Approach to Human Rights Birchall, David
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This paper starts from the observations that access to socio-economic rights is retrogressing in many wealthy states and that human rights argumentation is failing to address the causes of this retrogression. The paper locates a core reason for this failure in an imbalance between narrow but forceful claim rights and inclusive but imprecise structural approaches. It builds a form of rights practice that merges the strength of each approach. It is predicated on five key principles: structural obligations should identify discrete rights-based problems that engender specific obligations upon feasibly obligated duty-bearers to make practicable changes to conduct to realise rights throughout the political economy. The paper uses a case study of housing in Hong Kong to demonstrate the efficacy of the approach, noting that it is within the doctrinal scope of treaty obligations but divergent from the current approach of treaty bodies.
Beyond the Loop: Accountability and the Legal Abyss of Autonomous Weapon Systems Khalil, Ahmad; S, Anandha Krishna Raj
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS operate through autonomous decision-making. The article further highlights the unreliability and unpredictability of AWS, especially in offensive warfare, and questions whether current criminal law standards are capable of addressing the complexity introduced by machine-directed hostilities. Engaging with theoretical constructs such as moral programming and joint criminal enterprise, the analysis concludes that, in the absence of a universally agreed definition and a comprehensive international regulatory framework, meaningful accountability remains beyond reach. The article ultimately calls for urgent international cooperation and innovative developments in criminal law to safeguard human rights and uphold the fundamental principles of IHL in the age of autonomous warfare.

Page 58 of 58 | Total Record : 580

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