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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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International Trade Indicators, 2003: Indonesia Brotosusilo, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Being obsessed by the desire and willingness to implement liberal economic system for more than thirty years under dictator leaders, the national regulations in Indonesia have led toward the liberalization on trade by its executive and legislative bodies. Those kind of actions are a prove that the government is not aware with the way of living of Indonesian people, which is based on spiritual values. There is a huge gap between the legal system order and regulations with the culture of Indonesian people, and it would lead to the growth of corruption, collusion, and nepotism (KKN) in many sectors of living and endless multidimensional crisis in Indonesia.
Transnational Organized Crime: dalam Perspektif Hukum Pidana dan Kriminologi Harkrisnowo, Harkristuti
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Transnational organized crime has become a burning issue for the international community the past decade. Money laundering, human trafficking, drug trafficking, terrorism and firearms smuggling are examples of illicit dealing committed by organized criminal groups for their material or other gain at the expense of the rest of the society. The evasiveness and complicity of illegal organizations committing such crimes have compelled the United Nations to adopt a number of conventions including their protocols in order to combat their widening activities. Indonesia is taking similar steps, especially through legislative measures, despite the desperate conditions faced by the nations in term of law enforcement in general. Nonetheless, as victim of a number of crimes, which, among others, are alleged, to have been committed by transnational organized criminal, Indonesia is in dire need to take more serious measures in addition to legislative ones, including international and regional cooperations. Eventhough such decisions are in the hands of the ruling elite, the role of public, particularly the civil society should not be neglected.
The International Committee of the Red Cross: an Evaluation Basaran, Halil Rahman
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The International Committee of the Red Cross (ICRC) is explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols thereto. These explicit references to the ICRC entail respect for and recognition of the ICRC as the oldest humanitarian institution. However, this explicitness does not imply, suggest or confirm legal superiority of the ICRC over other humanitarian institutions, nor does it make the ICRC the exclusive humanitarian organization. Humanitarian assistance can be legally and legitimately undertaken by other humanitarian organizations as well. The practical influence of the ICRC is greater than that of any other NGO. Arguably, the survival of the ICRC as the pre-eminent provider of humanitarian assistance is testimony to the fact that the “practicalities” of international law are as important as treaties. The practices of the undisputed subjects of international law – states and international organizations – have paved way for a half-subject of international law – the ICRC – to enhance its status.
From Bali to Copenhagen: Indonesia's Position and Role in International Negotiation to Establish a Post-Kyoto Protocol Agreement on Climate Change Hadi, Syamsul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, the Copenhagen Conference (2009), which was designed to finish the Post-Kyoto Protocol Agreement had notably failed to provide such international consensus, due to the various different views, interests and persepctives amongst developed and developing countries that caused to failure to reach a new binding agreement on the issue of climate change.
Tindak Pidana Pencucian Uang Husein, Yunus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 Tahun 2003. This article will describe the implementation of international law on money laundering in the list of non-cooperatives countries and territories (NCTT).
A Critique Towards Australian Work and Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen? Dewi, Yetty Komalasari; Setiawati, Wenny, wsetiawati@gmail.com
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Work and Holiday Visa (WHV) is one of the product outcomes from the agreement that Australia engaged with state partners. Initially, this visa aims for cultural exchange and then shifted to supply the needs of Australian industry. In essence, this visa granted the holder one year to spend time in Australia consisting of six months for working and six months for travelling. However, in its application, there are mistreatments on the WHV holder, and there is no sufficient labour protection towards the worker. This paper examines the position of WHV holder in Australia, protection for the worker, and the view of the Indonesian Government on the WHV. It also discusses the Indonesia – Australia Comprehensive Economic Partnership Agreement (IA-CEPA) on the WHV context since there is a provision regarding WHV in the agreement. The paper concludes that the WHV is not a mere cultural exchange program, but a type of labour migration. The fact that Government of Indonesia still considered WHV as a cultural program is not enough for the safety of Indonesian citizens which partakes the program, it should be governed by the labour law and provided by sufficient protection. The Government of Indonesia failed to see this as part of their scope of protection in IA-CEPA, and the Australian Government also did not set a clear context on WHV. Therefore, the GOI should shift its view on the WHV and take necessary measures to provide better labour protections under this scheme.
Sustainable Development Goals (SDGs) and Challenges of Policy Reform on Asset Recovery in Indonesia Qisa'i, Ahmad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Absence of umbrella regulation on asset recovery is not the only challenge for effective enforcement of asset recovery and mutual legal assistance in Indonesia. Contradictory legislations, poor interagency coordination, weak capacity of law enforcement personnel and absence of center of excellence on asset recovery and mutual legal assistance are other contributing elements. Similarly, Indonesia’s commitment to fulfill the targets of Sustainable Development Goals (SDGs), especially goal 16.4, has not been met with concrete efforts. The government is hesitant to commit itself on national indicator for SDG 16.4. on asset recovery. This was shown during the two years of Kemitraan’s program to strengthen asset recovery and mutual legal assistance (SIGAP).This paper seeks to provide descriptive analysis on the results of SIGAP by posing a question on how does a development program on asset recovery in Indonesia supported by international donor contribute to overcome Indonesia’s legal and institutional challenges on asset recovery amidst Indonesia’s global commitment to SDGs. As evidenced, SIGAP exemplifies collaborative actions between various actors, state and none-state actors and national and international agencies, to increase the effectiveness of asset recovery and mutual legal assistance and policy reform needed for long term sustainability strategy in Indonesia. On SDGs, SIGAP’s decision to propose the adoption of existing national indicator on Long Term National Plan on Anti-Corruption is a deliberate and calculated decision to push for stronger commitment of Indonesian government in achieving the SDGs. The strategy indicated that by 2025, 96% of asset from corruption crimes is recovered.
Irregular Migrations in Southeast Asia: Challenges for Protection and Migration Basir, Salawati Mat
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The region of Southeast Asia is extremely diverse in terms of culture, language, ethnicity, economic development, forms of government and degrees of political freedom. Migration of all types has played and continues to play a crucial role in the political economy of the region and is central to the contemporary economies of all of the states within it. In terms of protection and migration policy analyses, Southeast Asia is often folded into the larger ‘regions’ of Asia, the Asia-Pacific, or a hybrid sub-region consisting of East and Southeast Asia, depending on the type of migration, and the policy issues under consideration Given the diversity of migration dynamics in Southeast Asia that could be considered within this paper, this article focus primarily on challenges for protection and policies concerning irregular migration, both because of the growing economic importance and political impact of irregular migration.
RPOA Norm Localization for Indonesia in Handling IUU Fishing Arimadonna, Arimadonna
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The success of the Indonesian Maritime Policy cannot be separated from Indonesia’s own role, which initiated the establishment of RPOA-IUU Fishing. Global IUU Fishing securitization has led to the localization of anti-IUU fishing in the region and domestic. As a recognized global norm in the Southeast Asia region, IUU Fishing is known to have an impact on comprehensive security in the Southeast Asian region so that a regional regime is formed to fight IUU Fishing. This research aims to find out why norm localization takes place in some countries but not in others such as Vietnam, Thailand, and Laos. What kind of urgency needs more attention from these countries which not comply, than ratifying the anti-IUU fishing norms in each country’s NPOA on IUU Fishing? A qualitative methodology is pursued in this article to identify the formation of official documents. Specifically, discourse analysis is utilized to help understand the intentions of actors through constructive analysis of social phenomena in the obtained documents. There are some important findings due to this research, such as different level of urgency in countries, not all neighbour countries of Indonesia find it important to Norm Localized IUU Fishing.
The shifting sands of space security: The Politics and Law of The Peaceful Uses of Outer Space Blount, P J
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article argues that the content of the legal term “peaceful purposes,”as used in international space law is changing. Peaceful Purposes as understood throughout the bulk of the Space Age has encompassed not only the UN Charter’s prohibitions on the use of force, but also a number of customary international law principles that enhanced it beyond mere non-aggression. Through an examination of state practice with regards to the military uses of outer space, this article concludes that the legal content of peaceful purposes is eroding towards an alignment with “non-aggressive” as understood in the law concerning the use of force. Specifically, this article argues that geopolitical and technological changes are encouraging states to pursue disruption in the space environment rather than stability, and this has been matched with state practice and rhetoric that exhibits that states are moving toward more offensive, rather than defensive, stances in the space environment.

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