Indonesian Journal of International Law
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Author's Right Is Not Only Copyright
No full textThis article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright
Legal Analysis of Tobacco Dispute Between Indonesia vs United States Under Wto Relating to National Treatment Principles
No full textThis article discusses the disputes between Indonesia vs United States under
the WTO relating to the application of United States National Regulation
on the Family Smoking Protection and Tobacco Act, 2009 in prohibiting
the production or sale of clove cigarettes. Currently, WTO is to rule
on Disputes and the Panel has been established to settle the disputes. The
main objectives of this article to analyze national treatment principles under
the WTO agreement and General Exception under Article XX WTO as
one of the basic legal claims submitted by Indonesia.This article will study
and analyze how far the WTO obligations will be applied in that case. The
Article organized as follows, first, discuss the national treatment obligation
and general exception under the WTO Rule, second, analyzing the similar
cases under the GATT and WTO Dispute Setlement. Finally, the article will
be analyzing the Tobacco disputes
Promotion of Refugee Law in Indonesia
No full textThe effort to introduce the refugee law has been started since 1981 in Indonesia and has been intensified since 1998 which resulted several progresses. It can be seen implicitly under Law No, 37 Years 1999 on International Relations. Moreover, there are several national regulations that can be related with the refugee issue, such as; Prime Minister Circular Letter Number 11 Years 1956 on Protection of Asylum Seekers, Presidential Decree Number 38 Years 1979 on Coordination of Resolving the Vietnam’s refugees in Indonesia, and Presidential Decree Number 3 Years 2001 on National Coordinating Board for the Management Disaster and Refugees. This article explaining about the progress of the refugee law in Indonesia and the role of Indonesia in Convention relating to the Status of Refugee 1951 and Protocol relating to the Status of Refugee 1967
Strategi Pengelolaan dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, dan Operasional
No full textThis article is written in order to answer an issue management and defense in Indonesian air territory. Nowadays, we need to build management strategy and defense system to dealing with threat in the decent manner. Defense system in territory is less adequate compared to defense system at land and sea. Thus, every obstacles starting from political level and legislation must be our concern. Defense system in the air territory must also be our future priority regarding the use of natural resources for the benefit of Indonesian people
Is There Any Regulation to Protect People with Mental Disorders in Indonesia? (Case Study of Pasung)
No full textThe Indonesian Constitution expressly states that Indonesia is a country that is based on the rule of law. The law guarantees the rights and the obligations of every citizen. The law of Indonesia recognizes the principle of equality before the law. This principle prohibits any form of discrimination. Eliminating discrimination could support the upholding of human rights. One of the State’s duties is to promulgate proper regulation in order to protect people with mental illness from wrong treatment. “Pasung” cases in Indonesia are an example of the phenomenon of providing inhuman treatments to people with a mental illness. However, only a few such cases are published by the media Some advocacy activities are starting to be conducted in order to build societal awareness that pasung is a form of mental mistreatment that is prohibited by law and there are sanctions for offenders. Furthermore, the aim of the advocacy activities is also to build a much better understanding among law enforcers for further legal discussions and cooperation in order to handle the pasung cases with comprehensive and proper method(s)
Towards a Novel Approach Healing Language Rights of Minority: The Case of Sri Lanka
No full textSri Lanka is a multi cultural country comprises of five main ethnic groups: Sinhalese, Tamils, Moors, Malays and Burgher. Language and ethnic heritage distinguish these groups. The Sinhalese are the largest ethnic group in the country comprising 74.5 percent of the population and 99.5 percent of this population are Buddhists and speak Sinhala. The Tamils are approximately 16.5 percent of the population use Tamil as their native language. The Moors constitute around 7.9 percent of the population, 95 percent of them speak the Tamil language. The Malays who originated in Southeast Asia comprise of 0.41 percent of the total population and speak Malay, Tamil, Sinhala and English. Finally, Burghers make up of 0.3 percentage of the Sri Lankan population. They are of European ancestry and have remained Christians and speak English and Sinhala. In Sri Lanka, language is one of the key contributing factors in representing the ethnic identity and concerns about national language have been influential in both cultural and political sphere; it has been the major cause of strife between the Sinhalese and the Tamil speaking population. The impact of language divide remains influential even after the cessation of hostilities and the ending of the civil war. This paper will
focus on the critical evaluation of language rights as a key element of the second generation of human rights; economic, social and cultural rights (ESCR). The paper will also explore the underpinnings of ESCRs and its particular application to language rights of the Tamil speaking minority and will examine the various legislative attempts to protect language rights of the Tamil speaking minority and identify the reasons for the failure of those initiatives and will propose effective mechanisms for
implementing language rights
Preventing Retaliation in Trade by Harmonizing the Measures
No full textSanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show its compliance with international standard, or in case it has other standard that considered better than international standard China obliges to proof it's scientifically better and accepted. This paper argues that harmonization as a core principle found in the SPS Agreement should be considered by all states in enacting their national regulation on food safety