Indonesian Journal of International Law
Not a member yet
636 research outputs found
Sort by
Dumping Dalam Perdagangan Internasional dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization
No full textDumping practices have been known as unfair trade practices that results serious injury in international trade. It could cause results serious injury pr threaten injury for industry and in the long term can form barrier to domestic industry from the dumping effects. Accordingly, the protection often causes dispute between government of one country and the business players of other country, and vice versa. World Trade those disputes by creating Dispute Settlement Body (DSB). This dispute settlemnet system is expected to be the best solution on handling and settling disputes concerning dumping and to serve a good justice in international trade affars
Berbagi Isu Aktual dalam Pelaksanaan Undang-Undang Perjanjian Internasional
No full textDespite controversial issue upon the implementation of the Law No. 24 Year 2000 on treaties, the treaty itself was a high achievement in Indonesian national legal system. This article explains certain matters arising in the implementation of treaties in Indonesia. The thoughts were given in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia
Retrospectivity and Human Rights in Indonesia: How can Irregularities be Resolved
No full textTo join the international community in committing protection to human rights, Indonesia consequently manifested the commitment through its constitution. However, there are still homework need to be done, including how to clarify the meaning of retrospective, also acknowledged as ‘retroaktif’, indicated in the Article 28I (1) of the 1945 Constitution. Three retrospective cases decided by the Constitutional Court were used to examine Indonesian practitioners’ understanding on retrospective principle in line with human rights, they are cases of Masykur of Terrorism Law, Abilio Soares of Human Rights Court Law, and ex members of banned political Party-PKI in General Election Law. Through these cases, it is interestingly seen that retrospective issues of human rights were implemented variously according to the interests in national socio-political needs. This made retrospectivity issue within human rights still open to be discussed more in setting up Indonesian human rights
Economic and Legal Views of Depletion Premium in the Extraction of Petroleum Resources
No full textProduction Sharing Contract (PSC) has become the model of contract of th upstream petroleum sector in Indonesia. Based on Act No. 22 Year 2001, the activity in oil and gas in upstream sector can run if there a cooperation contract whose it can be the production sharing contract or another form of cooperation contract, that it can bring more the profit to the state. In the management of the natural resources like oil and gas, it must have the allocation of the usage costs or depleting premium for replacing the taking of the a unit whose caused a lot of lost of the opportunity of a future natural resources, as a part of sustainable development. This article is trying to give a concept of depletion premium in a cooperation contract that can be realised by the government by the control at upstream oil and gas business, as stated in Article 33 constitution 1945
Kedudukan Konsultan Hak Kekayaan Intelektual Serta Kebijakan HKI
No full textIntellectual property right has become important issue for developing countries, especially Indonesia. The governing law for intelelctual property right not only protects the inventors but also the products of intellectual property. Recently, the Government Law No. 2 Years 2005 concerning Consultant of Intellectual Property Rights. This Act is enacted to implement the prescribed article in the Law of the Intellectual Property Rights which required further regulations on Consultant of Intellectual Property Rights. This article will discuss further the issue of IPR Consultant’s role in regards to Indonesian IPR policy
From Bali to Copenhagen: Indonesia’s Position and Role in International Negotiation to Establish a Post-Kyoto Protocol Agreement on Climate Change
No full textIn the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, the Copenhagen Conference (2009), which was designed to finish the Post-Kyoto Protocol Agreement had notably failed to provide such international consensus, due to the various different views, interests and persepctives amongst developed and developing countries that caused to failure to reach a new binding agreement on the issue of climate change
International Law Reform towards the Flood of Future Climate Change Refugees
No full textThe popularity of the term “climate change refugees” has been dramatically increasing with the awareness and the disaster of the global warming. The prophecy for mass forced migrations as the consequence of climate change is deplorable. A scandalous statistics revealed that 200 million people would become climate change refugees by 2050. However there is a huge fortification gap in the international legal system which addresses the climate change refugees. Recently academics, lawyers and governments have identified the issues related to climate change refugees and realized the urgency of the formation of policies regarding the protection of the climate change refugees in remedying the plight of this category of the world population. As the first step in handling this dilemma, academics, lawyers, governments and all the stakeholders find it tricky to define the term climate change refugees. Because no one factor, event or process, inevitably results in forced migration and there are a wide range of variables contribute to the definition of the term “climate change refugees”. Different theorists have defined the term differently to distinguish a new category of displaced people.
Forced migration and dislocation caused by environmental factors or
natural disasters such as earthquakes and floods and man made disasters, such as war and industrial accidents have affected the universe since its existence. Before looking at the international legal constitution, it is necessary to look at the causes of environmentally displaced people in order to offer a complete protection for ‘climate change refugees’. This paper aims to identify who are the ‘climate change refugees’, the gaps in the international legal system which addresses the dilemma of the climate change refugees and proposes a fresh definition for the term “climate change refugees “ and a novel approach for dealing with the plight of this class of people in international legal system
Upaya Perlindungan HKI yang Terkait dengan GRTKF di Tingkat Nasional dan Internasional: Upaya yang Belum Sebanding
No full textIndonesia is often referred as the fifth largest country that having Intellectual Property Rights (IPR) infringements, it does however not necessarily make Indonesia as a state that does not protect IPR, since Indonesia does have several major laws on IPR protections. The fact has shown on the other hands that the developed nations are not sterile from misappropriation of those IPRs that are primarily corresnponded to the interest of developing countries such as “Genetic Resources, Traditional Knowledge and Folklore”. The conventional concept of IPR is considered unable to deliver the protection for Genetic Resources, Traditional Knowledge, and Folklore (GRTKF) because of its individualist nature. Therefore, it is highly expected there could be a better protection toward GRFTK. This paper will extract the IPR concept related to GRTKF, especially the condition in Indonesia as one of the developing country that has many interests in having protection on GRTKF
Implementation of the Code of Conduct for Responsible Fisheries in the Marine Fisheries Sector
No full textThe adoption of the Code of Conduct for Responsible Fisheries (CCRF) in 1995 marked the new era for the fishery sector in the context of sustainable development. Failures in curbing overfishing and habitat degradation in many parts of the world contributed to the holdings of various regional and global meetings and workshops leading to the birth of CCRF. This following article describing about the implementation of this particular code in several countries, especially South Asia and South East Asia such as Bangladesh, Brunei Darussalam, Cambodia, India, Indonesia, Malaysia, Maldives, Myanmar, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam