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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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The Postition of Village Peace Judges in the Resolution of Traditional Offences within the Tolaki Community in South-East Sulawesi Harris, Oheo K.; Ukkas, Rustam
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This research is aimed at finding the appropriate method for Tribe Leaders (as Judges), guardians of local wisdom in resolving conflicts of interest particularly for indigenous people (Tolakinese) in Southeast Sulawesi. Legally speaking, this effort is essential in gaining legitimacy, hence based on customary law (Adat Law); village judges effectively resolve conflict in a faster, simpler and cheaper ways that are accepted by the community compared to the national criminal justice system. Nowadays, various conflicts often arise in communities, which cause economic, political, religious, ethnic, and self-esteem complications leading to conflicts of interest. Sadly, the Tolaki community is not exempted from this reality. This study seeks to offer an appropriate method of resolving conflict by using a consensus based approach to reach decision so as to create peace for the parties. This concept of consensus in deliberation has been practiced in Tolakinese society for a long time. This study found weaknesses and obstacles in its application of the substantial aspects; i.e. the role of village judges is limited by positive law; as well as from a structural aspect: the lack of institutional strengthening. The application of such methods can create a holistic and integrated policy in controlling and optimizing the source of collective strategic resources for the greatest benefit for greatest number of people.
International Convention Vs National Interest: Contestation among Indonesian Government Institutions on Underwater Cultural Heritage Conservation Rahardjo, Supratikno
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia’s underwater cultural heritage has tremendous potential to enhance the understanding of Indonesia’s maritime culture history. But, this cultural heritage has a vulnerability due to various factors that can cause cultural heritage to be extinct. Indonesia’s vast waters have substantial underwater heritage, but the government has constraints to ensure its protection. In Indonesia, the authority for underwater cultural resources found in the sea involves two government agencies that have different views on the underwater cultural heritage. On one hand, the cultural heritage is treated as “cultural goods” and on the other hand it is treated as “economic goods”. The first purpose-protected perspective is supported by the law on cultural preservation and the principles agreed upon in the international convention on the protection of underwater cultural heritage. While the second perspective is supported by the presidential decree that is based on the national interest to improve the welfare of the community. This article explains how the two government institutions are trying to compete and negotiate to win their respective agendas.
Recognition to the Customary Law of Indigenous Peoples in the ILO Convention 1989: Practices from Ecuador and Norway Pratama, Kadek Wahyu Adi
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Recognition of the customary law of indigenous people is an integral part of the recognition to their existence as a whole. The 1989 ILO Convention concerning Indigenous and Tribal People in Independent Countries is an international instrument which obligates its parties to recognize indigenous people as well as its customary law. Ecuador and Norway are parties to the convention which will be used as examples for the implementation of the convention in recognizing respective indigenous people and laws. The indigenous people of both countries have similar history of struggles in obtaining the state’s recognition, and at the end they’re recognized through the constitution of their respective states. In the process of recognition, however, Ecuador and Norway have different but unique and typical characteristics with different results. These different characteristics and results are related to the different situations and conditions of the indigenous people and the political environment in Ecuador and Norway.
Human Rights Regime: Between Universality and Cultural Relativism, An Indonesian Experience Susetyo, Heru
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Universal Declaration of Human Rights 1948 come with the idea that human rights are all universal. Vienna Declaration and Programme of Action 1993 strengthen the universalism of human rights by claiming that and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. And here is the problem. Indonesia is a member of the United Nations. Indonesia adopted UDHR 1948 and made it as the primary source of National Human Rights Provision (Law No. 39/ 1949). However, in practice, there are a lot of challenges in implementing universal human rights in Indonesia. Cultural relativism exists. This paper, therefore, will explore the complexity of Human Rights regime in Indonesia among various cultural relativism surrounding it by using legal and normative approach. The research found that international human rights law in Indonesia can not be implemented in the same manner as applied in the Western world. Instead, it needs to consider local and regional values, as well.
International Protection of Cultural Heritage in Armed Conflict: Revisiting the Role of Safe Havens Jakubowski, Andrzej
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In 2017, the UN Security Council adopted Resolution 2347, lauded as “a historic milestone” in the international struggle to safeguard cultural heritage in armed conflict. Among a wide spectrum of recommended actions, this instrument encourages the UN State Members to establish a network of “safe havens” in their own territories to protect cultural property, “while taking into account the cultural, geographic, and historic specificities of the cultural heritage in need of protection.” In this regard, Resolution 2347 makes explicit reference to the 2016 Abu Dhabi Declaration on heritage at risk in the context of armed conflicts, a Declaration which promotes the creation of a network of “safe havens” in the country of origin, and as a last resort in another country. This article discusses the international law framework of extraterritorial “safe havens” for cultural property. In particular, it analyses: 1) the legal notion of safe haven in international law documents; 2) the operationalisation of safe havens for endangered cultural property in the practice of states, analysing recent regulatory initiatives at the national level; and 3) safe havens in the global, multi-faceted governance of cultural heritage, examining the relevance of safe havens for peacekeeping operations and for the development of the UN doctrine of Responsibility to Protect.
Improving Indonesia's Commitment to Open Government Through Online Petition Kusumaningrum, Adi; Bachtiar, Rizqi; Listiningrum, Prischa
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Since 2011 Indonesia has joined as a member of Open Government Partnership, which is an international platform for countries committed to making their government more open, accountable, and responsive to citizens. However, the implementation of open government in Indonesia is criticized by some researchers because of the simplification of meaning. Open government is often described as uploading all government information into the official government website.Therefore, alternative policies are needed to ensure the openness of the government. This study offers the idea of ​​creating an online petition system officially administered by the House of Representatives as an alternative forum. The petition system offered is different from the conventional online petition system, because the conventional system does not have clear legal umbrella and is managed by Non-Governmental Organizations. By comparing the advantages and disadvantages of the addition of the authority to the Parliament, it is expected that the system will strengthen the oversight function by the Parliament. Nevertheless, the alternative solution offered in this study is highly dependent on the political will of the government and the House of Representatives in making clear and legal rules.
The Effectiveness of Climate Change Litigation as a Venue to Uphold State Climate Change Obligations in Indonesia Ariani, Deniza
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Climate change has increasingly raised concerns regarding the continuity of human life. As a consequence, there are certain obligations upon governments to conduct climate change mitigation and adaptation measures. However, there remains the issue of ensuring States comply with their obligations. Under the Paris Agreement, a recent international legal instrument concerning climate change, compliance is one of the matters addressed. The Agreement introduces a “Compliance Committee”. The Agreement, however, underlines that the Compliance Committee’s actions will be limited to non-adversarial and non-punitive measures. Therefore, it remains unclear whether non-compliant States would indeed adhere to the Compliance Committee. Recently, climate change litigation has begun to develop around the world. This form of litigation also encompasses lawsuits from citizens against States, concerning such State’s obligations in mitigating and adapting to climate change. With such development, a question arises, which is “How effective can climate change litigation be in upholding Indonesia’s climate change obligations?” In answering such question, this research will use the normative juridical method, consisting primarily of bibliographical research. The composition of this research will firstly consist of an explanation of the research background, including an explanation on current State climate change obligations, which leads to the main research problem, and a comparison with prior research. Next, an analysis upon recent developments in Indonesia, along with a brief comparison with global developments will be conducted, which will then be used in answering the research problem. The paper will then conclude with conclusions and suggestions.
The identification of victims of human trafficking: definition, challenges and States’ obligations Corthay, Eric
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Human trafficking has been an ever-longing international problem, which violates human rights in various forms of crime. There are many root causes which explain the existence and the rapid rise of human trafficking, including the emerging of supply and demand culture. This raised effort against human trafficking in the international community. These effort is focused on the prevention against trafficking, protection of victims, and prosecution of criminals. Human trafficking itself may be defined by activities revolving around it, the means used, and the purpose of the exploitation itself. The main challenge when encountering human trafficking is the ability to identify the forms of human trafficking, which requires reasonable measures of multidimensional support and protection. However, the obligations provided in several established legal instruments, for example Trafficking Protocol, are sometimes ambiguous, and subsequent State practice shows that they have had rather limited results. Therefore, a better approach is necessary in combatting human trafficking. This might include allowing courts to certify as such any victims who are identified during the proceedings, allowing a judicial or administrative determination to be made based on the application of law enforcement, border control or other officials who encounter victims in the course of investigations or prosecutions; and/or allowing a judicial or administrative determination to be made based on the application of the alleged victim personally or some representative, such as a representative of a non-governmental organization.
Rule of Law with Asian Characteristics: cultural insights from the Occupy Central Movement in Hong Kong Thomas, Jeffrey E.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article uses the Occupy Central social movement in Hong Kong as a natural experiment to consider whether Asian culture influences the understanding and exercise of fundamental rights. In an earlier article, the author explored the relationship between Chinese culture and the rule of law as measured by the World Justice Project Rule of Law Index. This article relies on the earlier work but expands the analysis to consider Asian culture while at the same time focusing specifically on the fundamental rights aspect of the rule of law index. This article shows a strong correlation between lower scores for Asian countries on Individualism, as measured by the Hofstede Dimensions of Culture, and scores on fundamental rights, protection for freedom expression, and protection for freedom of association, as measured by the World Justice Project Index. This correlation is reflected by the Occupy Central movement. Although the movement was an exercise in fundamental rights, its purpose was to promote the rights of the community and the protests were carried out in a manner to reduce the impact on community rights When the movement ended, the negative consequences for the community were a significant reason, and the leaders of the movement were ultimately prosecuted for inciting a public nuisance.
The Myth of the Integrity and Universality of Law of the Sea: Incidents at Sea by Non-Parties of UNCLOS Ishiii, Yurika
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Scholarship often explains the structure of the law of the sea as a contestation and coordination of the coastal states versus the international community and the user states in terms of inclusivity and exclusivity. They tend to underscore inclusivity, as the ocean is an integrated domain. This argument is also based on the embedded idea of universality. However, such an assumption should not be taken for granted and it necessary to clarify the significance and limitations of this universality. As a part of a study for this purpose, this paper focuses on cases of incidents at sea caused by non-parties of UNCLOS that were informed by specific regional tensions and histories. It will empirically study the cases of Turkey, Venezuela and Iran, where they undertake harassing or provocative actions against foreign ships and installations. It will then reflect the significance and limits of the theories of law of the sea.

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