Indonesian Journal of International Law
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EXTENDED CONTINENTAL SHELF REGIME IN INTERNATIONAL LAW: ITS APPLICATION IN INDONESIA
Get PDFIndeed, every state intends to explore and exploit its mineral resources. One of the ways to increasethe area on which states can explore and exploit its mineral resources is by applying the ExtendedContinental Shelf (“ECS”) regime. This research explains the development and regulation of theECS regime which include its requirements, sovereign rights over it, the role of the Commission on theLimits of the Continental Shelf, et cetera. This research then analyzes the ECS regime in Indonesia.This research uses a legal normative research method—which is of an explanatory and descriptiveanalyticalcharacter—and uses primary, secondary, and tertiary data. This research shows thatIndonesia does not have a strong legal basis to apply the ECS regime nor a utilization plan forits ECS. This regime can be applied in north-west of Sumatera, south of Nusa Tenggara, and northof Papua. Indonesia has made a submission for the ECS in North-West Sumatera which has beenaccepted. The writer offers some advice: Indonesia should have further legal basis to apply the ECSregime and a utilization plan for its ECS
LOSS AND DAMAGE DUE TO CLIMATE CHANGE IN INDONESIA: AN OVERVIEW OF THE ASEAN COOPERATION ADAPTING TO GLOBAL WARMING
Get PDFClimate change is already causing significant loss and damage, and this issue has only become more urgent. Indonesia as the biggest archipelagic state in the world has faced great challenge of loss and damage due to climate change. Moreover, Southeast Asia is highly vulnerable to climate change as a large proportion of the population and economic activity is concentrated along coastlines; the region is heavily reliant on agriculture for livelihoods; there is a high dependence on natural resources and forestry; and the level of extreme poverty remains high. Vulnerability differs between South East Asia’s countries, however they are not immune from the occurrence of bad impacts. For that reason, regional cooperation is essential to cope with climate change and its impacts. The United Nations Framework Convention on Climate Change (UNFCCC) has stated loss and damage as the actual and/or potential manifestation of impacts associated with climate change in developing countries that negatively affect human and natural systems. Future loss and damage is potentially of unimaginable magnitude. These associated loss and damage now require new approaches that must also consider the challenge of addressing non-economic losses. In 2009, an ASEAN Climate Change Initiative (ACCI) was created to enhance coordination and cooperation in addressing climate change. This article will presents an overview of strategy and mechanism on ACCI as loss and damage response, furthermore, what kind of prospect can be taken by Indonesia.Therefore, it will analyze how such regional cooperation are made possible to be a panacea for climate change problem
CORRUPTION AND REVERSAL BURDEN OF PROOF
Get PDFThis paper, entitled Corruption and Reversal Burden of Proof, was intended to deal with a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (applicable)Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime.Then, a problem that rose next was: could the application of reversal burden of proof in proving a corruption crime case prevent or reduce or even eliminate totally corruption crimes in Indonesia?This research built on a theoretical frame of thought from Roscoe Pound, who maintains that law is a tool of social engineering. This concept was cited by Muchtar Kusumaatmadja, who adaptedit to Indonesia conditions and adjusted it to be law as a social engineering medium. Engineering is meant here as a transformation of the thinking ways of people from traditional thinking ways to modern ones. Law should be made as a means in resolving the entire problems that emerge between and among community, including corruption crimes. One of the things that needs to be changed is a law of proof law system, that is, from a conventional proof system to be a reversal one. This paperwas written by a juridical-normative method, that is, by studying legislations, be they are contained in laws and those contained in literature/books on legal science, particularly legislations related to reversal burden of proof. Then, the results, in a form of juridical aspect, was written in a descriptiveanalytical form. The overall conclusion of this research was an answer of the problems posed above, that is: Corruption crimes have been continuously occurring till now in Indonesia. Thus, Law Number 31 of 1999, particularly Article 37, has not been effective yet in eradicating corruption crimes
CRIMINAL LIABILITY OF PUBLIC OFFICIALS FOR ILLICIT ENRICHMENT: COMPARING APPROACHES OF THE USE OF INDIRECT METHODS OF PROOF IN INVESTIGATING ILLICIT ENRICHMENT IN INDONESIA AND THE U.S.
Get PDFIn recent years, the international community has come to recognize the power of investigating illicit enrichment for uncovering corrupt offenses. The Inter-American Convention Against Corruption (IACAC) and the United Nation Convention Against Corruption (UNCAC) are two international conventions that address the issue of illicit enrichment. berita internasional in Indonesia, as a signatory of the UNCAC, does not criminalize illicit enrichment as the UNCAC recommends, but it does require public officials to submit financial disclosures, which may be used by the Indonesian Corruption Eradication Commission (KPK) to strengthen the evidence in corruption prosecutions. This system has not worked, however, because there is no criminal or civil prosecution for failing to file financial disclosures, or for giving false statements within those disclosures; further, there is no specific methods of proof to use in investigations. As a result, there has been significant debate over whether Indonesia should criminalize illicit enrichment, consistent with the recommendation of the UNCAC. Part of the debate centers on concerns about the rights of defendants and the threat of individual rights regarding presumption of innocence. Drawing from the U.S. approach to investigations in tax evasion and financial disclosure cases, this paper recommends that Indonesia avoid criminalizing illicit enrichment, and instead establish civil and criminal prosecution of financial disclosure system for fail to file and give false information, and incorporate indirect methods of proof for illicit enrichment investigation that may find evidence to strengthen corruption prosecutions
Doctrine of Rebus Sic Stantibus And Law of International Treaty
Get PDFRebus Sic Stantibus doctrine becomes a dispute as a result from reckless application of States, started from the period towards 1914, to escape from burdensome treaties, and it continued to the period between the First and the Second World War. Rebus Sic Stantibus principle has been applied by many countries and it has been accepted by the majority of international law experts as part of international law. Even though there was a debate about the doctrine application. oktrik The first commentary said by applying negative form would make the fundamental change of circumstances principle. On the other hand, it is not the duty of legislation to define the scope of the fundamental change of circumstances principle, and this duty is granted to law. In the end it depends on the consideration of interested government body in terminating international treaties
Freedom of Expression and Right to Privacy in the European Union: The Right to Photographs Private Private Properties
No full textThe debate to make a balance between exercising the freedom of expression and the right to privacy has never reached a global consensus, even among the European Union member states. In relation to the copyright law, there are no prohibitions or limitations in taking photographs, but the right to privacy has to be takeninto account.oktrik The problems between the act of taking photographs and its limitation regarding the right to privacy have been increased to a new level with the development of copyright law, called the freedom of panorama, which might allow taking photographs of private properties without having to gain prior consent