Indonesian Journal of International Law
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Self Executing And Non Self Executing Treaties What Does It Mean?
Get PDFThis article examines the concepts of self executing treaties and non-self executing treaties. These two concepts are inadvertently related to the dualist and monist theory of international law. They also relate to the question of direct applicability and municipal validity of treaties. This article will show that non-self executing treaties are not always analogous with the concept of dualism under international law. Likewise, treaties might presumably be self executing even in dualist states. It is therefore imperative to acquire an understanding of these two concepts by discerning and analysing them. Such understanding will provide clarity to the question of dualist transformation theory in regards to the municipal validity of treaties. berita politik nasional terkini aims to explore these two concepts, in particular their main ideas, how they relate and attempt to affect the theoretical problem of monism versus dualism with regards to treaties. This article traces the origins of the concept of self-executing treaties by examining it under American law and the European Union legal order as well as relevant decisions by international courts. This Article will then move to examine various scholars suggestion to establish criteria for non-self executing treatie
ANTI-MONEY LAUNDERING AS INTERNATIONAL STANDARDS AND THE ISSUE OF STATE SOVEREIGNTY
Get PDFIt has been recognized that the anti-money laundering regime comprises of preventive and repressive measures. Regarding the preventive measures, the Financial Action Task Force (FATF) on Money Laundering issued the Forty Recommendations which are regarded as international standards in preventing and controlling money laundering activities. These standards are generally viewed as ‘soft law’ and have levels of intervention in legislative, financial, and law enforcement of members and non-member countries of the FATF. However, the rule-making as well as the implementation and enforcement strategy of these standards are not involved and approved by non-member countries.This article argues that this policy is contrary to the principle of state sovereignty and regarded as one of state interventions in the domestic affairs of another state. This article seeks to draw theForty Recommendations as international standards and examines the creation and implementation of these standards from the standpoint of state sovereignty by focusing exclusively on the principle of sovereign equality and non-interference
Forbidden Funds - Indonesia's New Legislation for Countering the Financing of Terrorism
Get PDFIn March 2013 the Indonesian Parliament passed the Prevention and Eradication of Terrorism Financing Act (Law No.9 2013). Enactment of the legislation ostensibly brought Indonesia into line with its commitments under international law as a signatory to the International Convention for the Suppression of Financing of Terrorism (1999) which Indonesia signed in September 2001 and ratified in 2006. While Indonesia's existing, hastily-drafted anti-terrorism legislation (Law No. 15 2003) contained a brief provision criminalising the funding of terrorism, this latest and much more significant statute is intended to shore up any gaps within the legislative regime already in place. It also provides for a central governmental agency, namely the Centre for Financial Transactions and Reporting (PPATK - Pusat Pelaporan Analisis Transaksi Keuangan), to have both authority and responsibility for the monitoring of suspicious financial transactions. While the legislation establishes the legal basis for PPAATK's role in countering the financing of terrorism, it also places significant obligations on financial services providers to monitor and report any suspicious transactions to PPATK - as well as obligations to "know your customer" - with significantly penalty provisions for failure to do so. However, despite the enactment of this latest legislation to counter the funding of terrorism, the Financial Action Force (FATF), an inter-governmental standard-setting agency under the auspices of the Organization for Economic Co-operation and Development (OECD), has kept Indonesia on its list of 'high risk and non-cooperative jurisdictions'. This paper examines the international law bcakground to the new counter-terrorism financing legislation, the substantive sections of the Act, and the obligations it palces on commercial financial services providers. It also examines the legislative regime's deficiencies and criticisms
