Indonesian Journal of International Law
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Indonesia dan Komunitas ASEAN
No full textThe article discusses the role of Indonesia in the ASEAN Community and its implications on political and security cooperation in the region. The ASEAN Community can be designed to form a new pattern of balance of power in the region. The leaders of the Southeast Asian countries realize that it is strategically important for ASEAN to establish a regional instrument to overcome the security challanges arising from new regional interactions. Indonesia with the establishment of ASEAN Security Community can play a role as an anchor of regional stability in the Asia Pacific through multilateral structure. This shoud be the priority of Indonesia’s foreign policy
Praktik Pembenderaan Kembali (Reflagging) pada Kapal Penangkap Ikan
Get PDFThe issue of fishing vessel has been a major concern in the coastal state such as Indonesia. In fact it has been considered a serious matter to be governed and regulated in international law regime. United Nations Convention on the Law of the Sea (UNCLOS) 1982 has enacted that there shall be conservation measures especially in regard to highly migratory fish stocks and straddling fish stock. Unfortunately, there is fraudelent practice of fishing vessel to do a “reflagging” as a means to obtain the right to fish by ignoring the conservation measures upon fisheries resources in the high seas. There are at least four major international measures that have been formed by states to address these problems either directly or indirectly, those are The Agreement to Promote Compliance with the International Conservation and Management Measures by Fishing Vessels on the High Seas (1993 FAO Compliance Agreement), The Agreement for the Implementation of the Provisions of the 1982 UNCLOS Relating to ther Conservation and Management of Straddling Stocks and Highly Migratory Fish Stocks 1995 (UNIA 1995), Code of Conduct for Responsible Fisheries (CCRF) and International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA IUU)
Human Security and the Role of National Human Rights Institutions in the Enforcement of Language Rights Policy in Sri Lanka
No full textHuman security is about protecting people, however it has gone ahead of the traditional security definitions and focusing on evolutionary changes in the human security infrastructure. The arguments over human security are not new. Human security is a comparable undisciplined argument for a return to enlightenment liberalism. United Nations Commission on Human Security defines human security as the protection of “the vital core of all human lives in ways that enhance human freedoms and fulfilment.” As such, this encompassing approach does not distinguish “freedom from fear” and “freedom from want” for individual citizens. This paper will explain 2 key points which are language rights as human rights in the Sri Lankan context and National Institutions. It is based on during the civil war the Sri Lankan citizens were not able to enjoy the language access efficiently therefore the innocent people were not able to express themselves in their own language and were treated as terrorists rather than the normal citizens of Sri Lanka.
Human Security adalah suatu konsep perlindungan manusia, terkait dengan hal ini ditinjau kembali kepada pengertian human security secara tradisional dengan memfokuskan kepada perubahan dari konsep human security. Perdebatan terkait human security ini bukan lah hal baru. Human Security adalah suatu perdebatan multidisiplin yang mengindikasikan adanya liberalisme. United Nations Commission on Human Security mendefinisikan human security sebagai perlindungan dari inti kehidupan manusia yang meningkatkan kebebasan dan pemenuhan kebutuhan manusia. Namun, pendekatan ini tidak membedakan terkait “kebebasan dari rasa takut” dan “kebebasan dari kebutuhan” dari setiap warga negara. Tulisan ini akan menjelaskan 2 hal penting yaitu hak berbahasa sebagai bentuk hak asasi manusia dalam konteks masyarakat Sri Lanka dan Institusi Nasional. Hal ini disebabkan selama perang saudara di Sri Lanka, masyarakat Sri Lanka tidak bebas berbahasa sehingga masyarakat awam tidak bebas berbahasa dalam bahasa mereka sendiri bahkan diperlakukan seperti teroris tidak selayaknya warga negara Sri Lanka
The Evolution of the Trust System in the Mutual Fund Business in Indonesia (A Study Based on Islamic Law Perspective)
No full textoai:ojs.localhost:article/262The progressive development of International law can be seen also in the
concept of trust in business transaction based on its evolution from time to time. This is because the trust institution, which is considered as an
achievement of the Anglo-Saxon legal system that has tremendous benefit, actually started from the concept of separation between ownership and mastery in the form of charitable trust of waqf , known in Islamic law. Research proves that in the history of “Trust”, waqf is forerunner of the establishment of “Trust”. How the concept of waqf develops a business type of Mutual Fund that is in compliance with Sharia Law, is the problem that is discussed in this paper. By using a normative and comparative law method, this paper found that by implementing only Nazhir functions that reflect the concept of trust by means of Islamic Trust Fund (ITF), the benefit of the object of cash waqf can be multiplied. For this purpose, the Islamic Trust Fund concept is defined in the real meaning of cash waqf mandate which today can be used in business activities, other than worship sector0. With ITF concept like this does not preclude the general public to participate in purchasing units in the form of a business Sharia Mutual Funds (SMF), so thus also can create investment opportunities that also drives the wheels of development
Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations
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Towards Liberalization of Services in ASEAN: Challenges and Opportunities of ASEAN Framework Agreement on Services (AFAS) on Tourism
No full textThe proliferation of liberalisation has been historically generated by the establishment of World Trade Organisation (WTO). Services sector was comprehensively regulated by General Agreement on Trade in Services (GATS). Regionally, AFAS was initially established to bolster the objective of GATS. In inward looking perspective, AFAS has underscored the increasing participation of ASEAN member states through strengthening their domestic services capacity, efficiency, and competitiveness. In outward looking perspective, it was intended to eliminate progressively any restrictions and internal governmental regulations in the transaction of services whose impact eventually emerged trade harassment. As a legally binding sector under GATS and AFAS, tourism is moving invariably to be one of the most dynamic sector of economic activity in ASEAN. Hence, it has cardinal role for sustainable socio-economic growth and the diversity in cultures, economy, and the complementary advantages across the region. This paper attempts to identify, decipher, and analyse meticulously challenges and opportunities of AFAS on tourism referring four modes of supplying services under article 1 of GATS encompassing: cross-border supply, consumption abroad, commercial presence, and natural persons presence. Intrinsically, ASEAN member states need to be strengthened and focused in achieving the target of a free trade area in services on tourism by 2015 as a pathway of anticipating liberalisation of services on tourism globally
TheRight to Asylum between Islamic Shari'ah and International Refugee Law: A Comparative Study
Get PDFASEAN Competitiveness, Is Indonesia Ready Yet?
No full textWhat does it mean by ASEAN competitiveness? And, is Indonesia ready for it? These are the questions that have become the main issues to be discussed in this article. Therefore, it is important to note some main key messages introduced by ACI in relation to ASEAN position within its competitiveness and its future prospect, and the dynamic of world economic, such as; ASEAN is facing profound changes in the global economic climate with the rise of China and India and weakened economic prospects in major advanced countries. Besides, this Southeast Asia Regional Organization is also entering a new phase in its cooperation as members move towards building an ASEAN Community by 2015. Thus it is important and urgent for Indonesia to have its priority, and to be ready for its micro and macro competitiveness, that are more advance than the ASEAN 3 (Singapore, Thailand, and Malaysia)