Indonesian Journal of International Law
Not a member yet
636 research outputs found
Sort by
Penegakan Rasa Aman Melalui Intervensi Kemanusiaan
No full textWhen a state has no longer guaranteed the implementation of personal rights, social contract automatically will decease. The decease of social contract will cause the failing of state sovereignty. In this case, state is no longer has philosophic fundamental as supporting state. As a consequence of a state cannot protect its citizens’ rights, the enforcement of state sovereignty merely can be done through external hand; this is the part when the role humanity begins to play. Humanity intervention will automatically stop when the norm and humanity law are enforced in the state and social contract are reconstructed
Election Offences as the Ground of Election Petition: A Comparative Analysis
No full textThis article is intended to compare the regulation about the criminal offence of general elections to be able to file a lawsuit. The main question is what is the legal basis to file a general election lawsuit in Indonesia, Malaysia, Singapore, and Philippine. Does the criminal offence of general elections be the one reason for having a general election lawsuit? In this research proved that in Indonesia the legal basis of the general election lawsuit only the presence of error of the counting the general election results by the Commission of General Election (KPU), so the general election cannot be used for the legal basis to file a lawsuit. It is different with the regulation in another country whose the criminal offence of general election can be the legal basis to file a lawsuit
Prospects of Reform of the WTO Dispute Settlement Mechanism
No full textIn a context of economic globalization, the WTO emerged within the multilateral trading system as an international organization settling intergovernmental trade disputes. The WTO dispute settlement mechanism is rather an enhanced adaptation of its predecessor as it developed into an institutionalized and semi-judicialized system. the evaluation of the dispute settlement mechanism would contribute to a better understanding of the WTO as an international organization and its influence on the development of the international economic law. In general, three different movements occurred throughout the life of the dispute settlement mechanism, thus distinguishing its practice under the GATT and the WTO correspondingly: the emergence of a semi-judicial institution; the enhancement of the access to justice by developing countries; and the reinforcement of the implementation phase. With these three movements in sight, this article intends to investigate whether the WTO dispute settlement mechanism can still satisfy
the needs of predictability and safety as defined by Article 3 of the DSU
Memahami Desentralisasi Fungsional (Perbandingan Praktek di Belanda, Jepang, USA, dan Jerman)
No full textFunctional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany
Gugatan Warga dan Tanggung Jawab Negara dalam Pemenuhan Hak Atas Pendidikan
No full textRight to education, as one of the universe human rights, has been recognized by international community as one of fundamental right. This right brings obligation to government of a State to fulfill education need to its citizens. However, there are problems to fulfill education need. This article tries to examine on how and whether citizens could establish state responsibility in right of education fulfillment. It can be argued that even though the obligation of this right has been changed from “obligation to result” to “obligation to conduct” and it was already maintained by the court, Indonesian citizens are still difficult to obtain their right upon education
Judicial Decision (International Court of Justice) Aerial Incident of 10 August 1999 (Pakistan vs. India)
No full textA COMPARISON OF CHILD PROTECTION LAW BETWEEN INDONESIA AND MALAYSIA
Get PDFThis paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between childprotection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education, prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability treatment are also included.This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including the Child Protection Law
Cyber Terrorism Prevention and Eradication in Indonesia And Role and Functions of Media
No full textThe objective of terrorist is to create widespread fear to the society. This issue has then direct or indirect influent to the role of print and electronic media. Nowadays, the terrorist acts are carried out not only with physical violence but also by non-physical means through the medium of internet as a global communication. The main question is, whether terror groups could be protected as part of the freedom of expression. This article discusses mainly on the prevention and eradication of cyber terrorism in Indonesia and its relations to the role and function of Media
Pengaturan Perang dan Konflik Bersenjata dalam Hukum Humaniter Internasional
No full textWar and armed conflicts have been the major problems in international law especially for their dejected impacts such as physical, psychological, and material loss for the victims. Wars and armed conflicts are subject to international humanitarian law so that people are protected from the soldiers’ violence where they kill each other in defending their national interests. Humanitarian law also has a purpose to protect wounded soldiers and prisoners of war from inhuman treatments. However, these wars and armed conflicts shoul be prevented because they have more disadvantages than advantages to human beings