Indonesian Journal of International Law
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Preparing for the Challange of Governance in International Economic Relations in the 21st Century: A Plea to the Indonesian Legal Profession
No full textIt is a common knowledge that globalization has connected the relations between states, organizations, economists, and also the interaction between them. This following article, as already stated on the title, is very influencing and challenging, and also at the same time pushing the jurists in Indonesia to involve in international forums on this 21th century. Although the role of jurists in Indonesia isless significant concerning the consequences of the weakness of legal system order in Indonesia, but they have to be prepare facing the issues as the concequences of globalization and the growing of international organizations, such as: WTO, ASEAN Free Trade, et cetera. The skill of Indonesian jurists can not be limited only into good skill, knowledge, ethics, and national issues, but also has to be expand into international scope, to strengthen theirselves with foreign jurists and also to bring national interest in every international forum discussion
Illegal Fishing in Indonesia from the National and the International Law Perspective
No full textiIndonesia is the world’s largest maritime country, its maritime resources need to be guarded and managed continuously for the welfare and prosperity of the people of Indonesia. One of the examples of issues that attracts attention and is still occurring within the territorial waters of Indonesia is illegal fishing. Indonesia constitutes one of the countries which falls victim to the growing actions of illegal fishing. Illegal fishing constitutes a violation of the law, its impact is not only damaging to the people and state, but also disturbing the stability of security at seas and it also constitutes potential conflicts between Indonesia and other countries. This paper will describe the legal issues pertaining to illegal
fishing, how it is regulated from the perspectives of national and international laws, its condition in Indonesia, how illegal fishing cases are handled in Fisheries court as well as what are the efforts made by the Government of RI to overcome and prevent illegal fishing within the territorial waters of Indonesia.
Indonesia merupakan Negara maritim terbesar di dunia, sumber daya maritim tersebut perlu dipertahakan dan dijaga secara berkelanjutan untuk kesejahteraan rakyat Indonesia. Salah satu permasalahan yang menarik perhatian dan masih tetap terjadi di wilayah perairan territorial Indonesia adalah pengambilan ikan secara ilegal. Indonesia merupakan salah satu dari Negara-negara yang menjadi korban aktivitas pengambilan ikan secara ilegal. Pengambilan ikan secara ilegal merupakan tindakan melanggar hukum, akibat dari hal tersebut tidak hanya menumbulkan kerugian bagi masyarakat dan Negara, tetapi juga mengganggu stabilitas keamanan di laut dan juga mengandung potensi konflik antara Indonesia dengan Negara lain. Tulisan ini akan memberikan gambaran atas permasalahan hukum terkait dengan pengambilan ikan secara ilegal, bagaimana hal tersebut diatur dalam perspektif hukum nasional dan internasional, kondisinya di Indonesia,
bagaimana penanganan kasus-kasus penangkapan ikan secara ilegal melalui pengadilan perikanan dan juga upaya-upaya yang telah dilakukan oleh pemerintah RI untuk menghadapi dan mencegah penangkapan ikan secara ilegal yang terjadi di wilayah perairan Indonesia
Current Trends and New Approches for IP Education Training and Research: (Indonesian Perspective)
No full textTrend in Intellectual Property Rights (IPRs) is mainly influenced by certain situation that attracts public attention. In Indonesia, Trend is more oriented on the issues regarding to the recognition and protection of genetic resources and traditional knowledge and folklore. Cases such as maize varieties, avian influenza and genetic resources have brought impact and became trend in public discussion. This article is limited to share information about Trend in IPR Education, Training and Research based on the experience in Indonesia
Proses Peacebuilding di Aceh: dari MoU Helsinki menuju Implementasi Undang-Undang tentang Pemerintahan Aceh
No full textThe process of peacemaking in Aceh is based on the acceptance of the peace agreement signed by the Indonesian government and the Free Aceh Movement (GAM) in Helsinki on August 15, 2005. While the signing of the peace agreement were mainly determined by the negotiations between the two sides, the establishment of the Aeh Governance Law is entirely a different political process in the Indonesian parliament. The contestation of political and economic interests among political parties in the deliberative process of the law is inevitable. Thus, the content of the law should be seen as the result of a political compromise. Aceh’s transition from the current negative peace into positive peace will depend on the implementation of this law and the continous transformation of social and economic conditions in Aceh in the post-conflict period. In the final analysis, it is the political elite of Aceh themselves who will determine the success of the peacebuilding
Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour 1999
Get PDFGrowth and Development of Air and Space Law
No full textThe article provides a brief background on the development of air and space
law from the historical perspective. It concludes that the scientific discipline
of air law can be dissected from several elements, namely geographical
elements, temporal elements, personal elements, material elements, and
functional elements. With regard to space law, the article provides its scientific development and its ramification to other disciplines, most importantly telecommunication law
Trade Union Rights in the European internal market: the Laval and Viking Cases
No full textViking case and Laval case are two recent European Court cases regarding the right to strike. In both cases, the court concluded that the concerned strike action were in collation of EU law. This article discusses the Viking and Laval cases by putting them into perspective on how European Social Policy stands in contrast with the provision and directive on international market on the free movement of services in the European Law
Menguak Penghilangan Paksa: Suatu Tinjauan dari Segi Politik dan Hukum Internasional
Get PDFEnforced disappearance or involuntary disappearance is a method used by the authority of state to vanish the unwanted actors in society by doing some act like arresting without justifiable warrant or even kidnapping. The main factor of this act is the implementation of national security doctrine based on political consideration. This illegal act is not just against human rights, furthermore it makes the existence human being as a person vanish, as a result, law does not be able to provide protection guarantee. This existing illegal acts done by some government toward their inferiors are the reason why international law provides protection to society by declaring the enforced disappearance as a serious crime against fundamental rights in some international instrument such as Declaration on the Protection of All Persons form Enforced Disappearance and Inter-American Convention on Forced Disappearance. Since 1999, United Nations Commision in Human Rights has produced Draft International Convention on the Protection of All Persons from Forced Disappearance. This article addresses those issue with the picture of cases happened in Indonesia