Indonesian Journal of International Law
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The Inconvenient Problems of Law Enforcement in Indonesia in Relation to the Case of Bibit-Chandra
No full textIn this article, the author presents a description and analysis of recent developments in Indonesian law enforcement. The leaders of Corruption Eradication Commission (KPK), Bibit S. Rianto and Chandra M. Hamzah, are currently facing legal problems. Both have been accused of abuse of authority by issuing a travel ban letter preventing Anggoro Wodjojo and Joko Tjandra from leaving Indonesia. In addition, the two KPK leaders are also accused of corruption. In the following process of police investigation, Bibit S. Rianto and Chandra M. Hamzah were arrested by the police. Legal proceedings against Bibit S. Rianto and Chandra M. Hamzah then became a national issue, and the two accused gained support from people throughout Indonesia. Efforts to arrest Bibit S. Rianto and Chandra M. Hamzah were regarded as an attempt to criminalize the Corruption Eradication Commission (KPK). In order to quell increasingly vocal protests, President Susilo Bambang Yudhoyono formed an independent fact-finding team to make clarifications in connection with the case of Bibit S. Rianto and Chandra M. Hamzah. The independent team delivered recommendations to President Susilo Bambang Yudhoyono calling for an immediate stop to the investigation against Bibit S. Rianto and Chandra M. Hamzah, among others, by reason of insufficient evidence. This case then ended with the issuance of a Termination of Prosecution Assessment Letter (Surat Ketetapan Penghentian Penuntutan (SKPP)) from the Attorney General of the Republic of Indonesia
The United Nations General Assembly Resolution (UNGAR)1 As a Source of International Law: Toward a Reformulation of Sources of International Law
No full textThe changes in international community since 1945 have led to fundamental
disputes on the sources of international law, in particular, the notion of the
United Nation General Assembly Resolution to be a source of international
law in comparison to the traditional sources as stated in article 38(1)
International Court of Justice Statute. The fact that the existed sources are
not able to maximize the role of international law in maintaining peace and
security in the world would be an essential trigger to have a preliminary
discussion on the issue. This paper attempts to identify to what extend the
possibility of UNGAR to be a source of international law in conformity with
the principle of democracy and justice
State Responsibility for Environmental Damage during International Armed Conflict post the UNCC
No full textThe 1991 Gulf War heralded many developments in international law, and particularly in the fields of humanitarian law and environmental law in regards state’s liable for paying compensation for environmental damage resulting from their conduct during armed conflict. Despite this positive
development, the environment has still been the victim of subsequent international armed conflicts such as the 1999 Kosovo conflict, 2003 Iraq war and 2006 Israel-Lebanon war. No belligerent was deemed liable for environmental damage as a result of unlawful actions under international law in these international hostilities. As a consequence, perpetrators of wartime environmental crimes went unpunished. Therefore, this article attempts to analyse factors that may contribute to the ineffective implementation of state responsibility for environmental damage during international warfare following the 1991 Gulf War, and suggests some steps that may be taken to improve the enforcement of state responsibility for environmental damage during inter-states armed conflict.
Perang Teluk tahun 1991 telah menandai banyak perkembangan dalam hukum internasional, khususnya di bidang hukum humaniter dan hukum lingkungan mengenai tanggungjawab negara untuk membayar kompensasi atas kerusakan lingkungan akibat dari perilaku mereka selama konflik bersenjata. Meskipun perkembangan positif ini, lingkungan masih menjadi korban konflik bersenjata internasional berikutnya seperti konflik Kosovo tahun 1999, perang Irak tahun 2003 dan perang Israel - Lebanon tahun 2006. Tidak ada pihak yang berperang dianggap bertanggung jawab atas kerusakan lingkungan sebagai akibat dari tindakan melanggar hukum di bawah hukum internasional di permusuhan internasional. Akibatnya, pelaku kejahatan lingkungan masa perang tidak dihukum. Oleh karena itu , artikel ini mencoba untuk menganalisis faktor-faktor yang dapat berkontribusi pada pelaksanaan efektif dari tanggung jawab negara atas kerusakan lingkungan selama perang internasional setelah Perang Teluk 1991, dan menyarankan beberapa langkah yang dapat diambil untuk meningkatkan penegakan tanggung jawab negara atas kerusakan lingkungan selama konflik bersenjata antar negara
Transnational Organized Crime: dalam Perspektif Hukum Pidana dan Kriminologi
No full textTransnational organized crime has become a burning issue for the international community the past decade. Money laundering, human trafficking, drug trafficking, terrorism and firearms smuggling are examples of illicit dealing committed by organized criminal groups for their material or other gain at the expense of the rest of the society. The evasiveness and complicity of illegal organizations committing such crimes have compelled the United Nations to adopt a number of conventions including their protocols in order to combat their widening activities. Indonesia is taking similar steps, especially through legislative measures, despite the desperate conditions faced by the nations in term of law enforcement in general. Nonetheless, as victim of a number of crimes, which, among others, are alleged, to have been committed by transnational organized criminal, Indonesia is in dire need to take more serious measures in addition to legislative ones, including international and regional cooperations. Eventhough such decisions are in the hands of the ruling elite, the role of public, particularly the civil society should not be neglected
Economic and Legal Views of Depletion Premium in the Extraction of Petroleum Resources
No full textFollowing the end of World War II and the colonialism era, developing and less developed counries became more aware of the need to protect the natural resources in their region, and started to strife for political independence. In the course of this development there is no doubt that there countries still need assistance from developed countries, which in this case are “represented” by multinational companies. The relationship between these two entities – countries and multinational companies – has been growing in a unique way. This condition influences the growth of the protection of its own interests that pertain to this natural resources matter. Before the issue was recognized by international law, Indonesia’s 1945 Constitution already dealt with it. The globalization era has changed the point of view of countries on this issue and thus in the manner they are implementing their interests. This article addresses the relation between the Indonesian Government and multinational companies in Indonesia, especially as reflected by Law No. 22 Year 2001 and from the international law’s perspective
Treaty Banning Nuclear Weapon Tests in The Atmosphere in Outer Space and Under Water (Limited/Partial Test Ban Treaty)
No full textOtoritas Pemerintah Daerah Dalam Konteks Hukum Internasional Tinjauan Hukum Otonomi Daerah
No full textThe Development of Democracy principles in Indonesia has promoted the policy of regional autonomy based on regional interest. The policy of regional autonomy needs to be supported by legal infrastructure in order to provide the certainty of the legal principle and justice value. In relation to the recent global development, the international relationship particularly in term of economic and business field is significantly developed to the sophisticated situation. Therefore, it is highly important to do in depth research on the functions and the relations between the central and the regional authorities concerning on their competency to establish an international relationship.
Government of Indonesia itself has developed the administration system consist of Central Administration and Regional Administration which each has different competency as regulated in Law No. 32 Year 2004 on Regional Administration ("Law"). In conducting its competency, the central government is dealing with national scope matters, and the regional administration is handling the matters in the region or local area
UN Reform and Its Mandate on International Peace and Security
No full textThere was a widespread consensus that the United Nations has to represent the fundamental changes in political world, and Security Council urgently need to be reformed. It is stated that Security Council is obliged to play an active role in international security issues. This following article explained that the spirit of reformation must giving the United Nations an inspiration to recovered its status as a legitimate inter-governmental organizations and possesess stronger and more legitimate mandate on international peace and securty
