Indonesian Journal of International Law
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Refugee and Extradition: Could a Refugee be extradited?
No full textRefugees are people who are basically forced to leave their homes because
of security threats and threats to safety of body and soul, go to another
place which he considered safer. There are refugees who fled within the
territory of his own country but it is not uncommon that they cross state
boundaries. But among so many refugees who cross national borders,
sometimes there are some who (allegedly) as a criminal in their home country or in third countries. He used the privileged of becoming refugees in order to avoid criminal charges of the country that has jurisdiction over his crimes. These type of refugees or called illegal refugees, could be extradited as long as they met the principles and rules of law on extradition. While the legal refugees could not be extradited because they are not criminals except if recently it was discovered that they are criminals
Review of Indonesian Legal Arrangement on Tuna Fisheries
No full textHigh seas fishery is very strategic to Indonesia mostly because of tuna fisheries in which Indonesia plays a quite substantive role as the major tuna exporting country in the world. International law provides comprehensive high seas management system through the adoption of various treaties and
the establishment of regional fisheries management organizations (RFMOs). Challenge to Indonesian Government thus whether Indonesia could apply genuinely the high seas fishing management measures and comply with RFMOs of which Indonesia is member. Substantial rules and regulations
have been adopted by Indonesia and yet the major question remains whether Indonesia is ready to exercise its obligations under high seas fisheries regime
Tinjauan Terhadap Materi dan Keduduka Ketetapan MPR/MPRS Staatsgrundgesetz
No full textThe Amandment to the 1945 Constitution of the Republic of Indonesia, especially the Article 3 and 6, has an impact on the existence of Decree of the People’s Consultative Assembly of the Republic of Indonesia. The new article 3 stated that:
(1) The People’s Consultative Assembly of the Republic of Indonesia has the authority to amend and to enact the Constitution;
(2) The People’s Consultative Assembly shall inaugurate the President and/or the Vice President;
(3) The People’s Consultative Assembly may only remove the President and/or the Vice President during his/her term of office in accordance with the constitution.
Article 6A:
(1) The President and the Vice President shall be elected as a single ticket directly by the people.
Based on the two Articles, the President of the Republic of Indonesia in the future is not mandatory of the Peope’s Consultative Assembly and he/she shall not be accountable to the People’s Consultative Assembly
Money Laundering: How it Becomes an International Threat (Response Against Money Laundering from the Side of Indonesia)
No full textMoney Laundering is one of the transnational organized crime which has been increasing intensively. Money laundering is the term used to describe a process of concealing the source of money that gained through crime (it is usually called “dirty money”). This process is done with the aim to make the “dirty money” converted into “clean money”. There are many ways for this process to be done, among them is by buying properties and houses. Other is by saving the “dirty money” in a bank account that will later turned it into “clean money”. This is where the bank service could get involved in this particular crime. In an attempt to overcome this problem, countries joining in the G-7 Summit established the Financial Action Task Force (FATF) in Paris in July 1989 that provides standards recommendation, national and international, as measures to make integrated cooperation among countries. This essay discusses the very definition of money laundering, the role FATF takes in order to prevent money laundering, and the responses of Indonesia regarding money laundering.
Pencucian uang merupakan salah satu kejahatan transnasional terorganisasi yang telah meningkat secara intensif. Pencucian uang adalah istilah yang digunakan untuk menggambarkan proses menyembunyikan sumber uang yang diperoleh melalui kejahatan (biasanya disebut “uang kotor”). Proses ini dilakukan dengan tujuan untuk membuat “uang kotor” diubah menjadi “uang bersih”. Terdapat banyak cara agar proses ini dapat dilakukan, salah satunya dengan membeli properti dan rumah. Cara lain dengan menyimpan “uang kotor” ke dalam rekening bank yang kemudian akan diubah menjadi “uang bersih”. Dalam hal ini layanan perbankan dapat terlibat dalam tindakan kejahatan tertentu. Dalam upaya untuk mengatasi masalah ini, negara-negara bergabung dalam KTT G-7 mendirikan Financial Action Task Force (FATF) di Paris pada Juli tahun 1989 yang memberikan rekomendasi standar, nasional, dan internasional, sebagai langkah-lamgkah untuk membuat kerjasama yang terintegrasi antar negara-negara. Tulisan ini membahas definisi asli dari pencucian uang, peran FATF dalam mencegah tindakan pencucian uang, dan tanggapan Indonesia mengenai tindakan pencucian uang
TRIPS Agreement and Pharmaceutical Patent Protection
No full textPromotion and improvement protections in intellectual property rights (IPRs), particularly in the developing countries with weak tradition in the protection of IPRs has become new major factor that potentially affecting state’s ability to guarantee the access to drugs. Access to drugs is the main issue in public health, especially regarding to patent that has impact on drugs prices. This article discusses how Indonesia, as one of developing countries, can ensure access and protection of the IPRs in drugs issues
Evaluasi atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 tentang Perjanjian Internasional
No full textThe Law Number 24 Years 2000 on International Agreement has been implemented for more than 5 years, thus the evaluation of its implementation needs to be done, whether it has accomplished its own purpose when it was made or not. The main point is the question does it have to be changed ? this article gives guidance through some questions to answer the main question. Some advices, such as how important is to make people who have the authority to construct international agreement understand what they have to do, and the background of the formulation of that Law, have been given as well
Ecuador’s Decision to Grant Asylum to Julian Assange : The Manifestation of Human Security?
No full textEcuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government
documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy if Assange was not handed over. The letter has led to tense diplomatic relations between two countries. Facing the difficult
situation, UNASUR (The Union of South America Nations) held a Foreign Ministers Meeting (FMM) after the President of Ecuador granted the asylum. The meeting produced an agreed document that support Ecuador’s decision and encourage all parties to have continous negotiation to find mutually acceptable solutions based on good neighbour principles
