Indonesian Journal of International Law
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STATE RESPONSIBILITY OVER SAFETY AND SECURITY ON AIR NAVIGATION OF CIVIL AVIATION IN INTERNATIONAL LAW
Get PDFThe Uberlingen Mid-Air Collision which happened in Germany in 2002 between Bashkirian Airlines and DHL had attracted the international community to international civil aviation activities.Bashkirian then brought this case before the Dictrict Court in Konstanz which sued Republic of Germany to indemnify the company for damage claims against the airine by third parties. The Court then decided Germany should responsible to Bashkirian and indemnify all the cost claimed against the airline. The collision occured at German’s territory which controlled by Skyguide. This thesis is aimed to elaborate the state liability on safety and security of air navigation in its territory which failure to do so will result a state responsibility. This thesis will analyze the provisions and the state’s liabilities in providing the safe air navigation facilities according to international la
ENHANCEMENT OF FOREST AND PEATLAND GOVERNANCE IN INDONESIA
Get PDFIndonesia’s forest is decreasing rapidly, and it is affecting the country’s commitment to curb carbon emission by 29 percent by 2030. Per a report published by GermanWatch in 2016, our country’s Climate Change Performance Index (CCPI) fell three places from 19 to 22 due to inadequate forest protection policy. This research will look into the urgency for the government of Indonesia to draw an agenda to push forward forest andpeatland reform to stop deforestation. Through a comparative analysis, this paper will compare two government regimes: the second term of President SusiloBambangYudhoyono (2010-2014), where REDD+ was used as the catalyst for forest and peatland governance reform; and the first two years of President JokoWidodo (2014-2016), where promising actions to restore and to protect Indonesia’s forest and peatland still need stronger political will and leadership to meet the 29 per cent commitment to curb greenhouse gas emission in 2030
ARBITRATION AND JUSTICE DENIAL ON FOREIGN DIRECT INVESTMENT
Get PDFThe economic growth in Indonesia is thrive. The Economic growth can not be separate of the role of investment in Indonesia. The population in Indonesia very much and also the location of the Indonesian state strategic pretty much made Indonesia enjoyed by citizens of Indonesia itself and also foreign nationals who wish to also invest in Indonesia. In Indonesia there is a domestic investment and foreign investment. In this paper will be devoted to foreign investment. Foreign investment that currently exist in Indonesia has a sizeable amount and spread from Sabang to Merauke, and also has a fairly diverse business fields. The investors who come in and make an investment in Indonesia is sometimes caused the dispute. Dispute occurs either the foreign investment by government or also foreign investment with other parties outside the government well with other foreign investment, and also in the company itself. Foreign investment dispute settlement is not only done through the court owned by the government, but there are also ways of alternative dispute resolution outside the court . One of the alternative dispute resolution outside the court is Arbitration. Arbitration carried out as part of efforts to achieve settlement of the problem in terms of investment activity . Arbitration itself is set in the legislation applicable investment in Indonesia . The parties in capital investment may create a separate section in the agreement governing the settlement of disputes in the case of investments completed by Arbitration. In the event that the parties have arranged to settle the case with Arbitration, then the court is not allowed to try again or to interfere in the decision Arbitration. Arbitration is one of the solutions if justice denial occur in the settlement of foreign direct investment issue
THE URGENCY FOR REGIONAL INTEGRATION IN ACCORDANCE TO INVESTMENT RISK MANAGEMENT
Get PDFInvestment is an activity which is needed by every country, especially in development country. However, the investment activity itself also brings in some risk which is called as investment risk. These investment risks usually recognized to be covered by an investment agency to protect the investor. Multilateral investment guarantee agency (MIGA) is usually used to maintained and cover the loose of investor. But, actually among the investment risks which are identified by MIGA will only responsible for the market risk, meanwhile the biggest lost for investor also came from political and financial risks which have to be recognized in advanced. This is where the export credit agency will take place. Nevertheless, there are still many loops to be identified to determine the characteristic of export credit agency itself. To deal with those kinds of risks, a regional integration is needed to avoid an overlapping regulation among ASEAN Economic Communiy. Thus, will lead to a common perception on how to treat those risks and who will be responsible to cover it
DISCRIMINATORY POLICY OF THE INDONESIAN GOVERNMENT TOWARD ADVOCATE AND POOR PEOPLE, FUNDING SOLUTION FOR LEGAL AID
Get PDFConstitutionally, obtaining legal aid for the poor is a right, whereas for advocates, legal aid is an obligation. The rich can select the desired advocate, while the poor should be defended by an advocate under the principle of pro bono publico. Legal aid for the poor is the answer to the principle of equality before the law. Although the poor have a right to be defended by an advocate, some of them do not get legal aid, due to either the factor of the advocate or the poor themselves who do not have access to justice. Government policy to allocate legal aid funds in the Ministry of Law and Human Rights only to accredited legal aid institution further complicates the procedures of legal aid obtaining, both for the poor and advocate. This government discrimination should be ended by removing the policy and seeking legal aid fund alternatives by exploring the resources available in the community, both private institutions and the having individuals
LEGITIMISING THE ILLEGITIMATE : EXTENDING INTERPRETATION BEYOND REALITY. THE SHRIMP FAIRYTALE AND ITS IMPLICATIONS
Get PDFThe challenges of liberalization of international trade; Firstly was the realization that in the past there was a tendency to be satisfied with sweeping, unspecific statements on best principles, whichalways led to often a meaningless outcome without hard and fast commitments. The second was their episodic character. The notion of dispute settlement involves conflicting assertions as to the rights and obligations of the parties involved. Disputes arise from freely entered relationships between parties that create expectations as to their future conduct. there existed a three-pronged objective of the negotiating plan indicated from the Negotiating Group on Dispute Settlement for the UR negotiatingprocess. The use of interpretory aids may become necessary when there is ambiguity in the text of the agreement. The observations indicate that that the Trade Stakeholder model is flawed in someagreement and the increasing influence of this model can be seen from an observation of similar-type cases over the years. Consistency on attempts to manipulate negotiated rights and obligation through “extended” approach became clear in Shrimp. Current slant of DSC decisions should continue to be applied
THE IMPLEMENTATION FAIR TRADE SYSTEM BASED ON THE NATURAL POTENCIAL RESOURCES IN EFFECTIVE AND EFFICIENT WAYS THROUGH THE ASEAN FREE TRADE ERA
Get PDFIndonesian economic development’s dimension in free trade zone era will held upon to form the development pillars frameworks. The Indonesian development pillars which are : to pull the destitution out, to absorb the man power, and to develop the economic. However, the main problem to held the development pillars frameworks is the barrier in pulling the destitution out. Pulling the destitution out which are mean by the writers team in these article especially for the traditional farmer. These statement is counted also for the farmer whom works at the place with a lot of natural potential resources . These place with a lot of natural potential resources cannot give any of economic’s benefit. The incapacity of the place with a lot of natural potential resources to solve the people’s problem of needs caused the rate of destitution in Indonesia getting higher every year. In free trade zone of ASEAN’s frame work it is necessary to held some new brand penetration to support the new program by created fair trade system. These fair trade system should be based on the natural potential resources of Indonesia. To find the best solution to solve all of the matters above, the writers team using the normative judicial’s approach method in puposed to knowing and to describing the implementation of fair trade system based on natural potential resources effective and efficient ways trough the free trade zone era
THE RIGHTS AND OBLIGATIONS OF THE STATE IN THE RESTORATION OF CULTURAL HERITAGE: A REVIEW ON INTERNATIONAL LAW AND THE PRACTICE OF INDONESIA
Get PDFThis article will focus on Indonesia’s effort based on international law to restore its cultural heritage. The problem about cultural heritage retention in international law is always related to two conflicting interests. On one hand, there are many developed states that try to keep abundant cultural heritages from all over the world. On the other hand, there are developing states that try to protect and even restore their cultural heritage during post-independence period. Indonesia is one of developing states that possess abundant cultural heritage. Unfortunately, Indonesia has not been able to fully maximize its right of restoration that is recognized in international law