Indonesian Journal of International Law
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Hak-hak Komunitas Adat Terpencil dari Perspektif Hak Asasi Manusia
No full textIndigenous People Right has had protection and part of human right issue. This issue is always discussed in national and international frame work. There are four points about Indigenous People Right which are discussed in this article. It will concern with the criteria of Indigenous People, the relation of Indigenous People with the land and its resources, right to self determination of Indigenous People and the protection of Indigenous People Right in national and international human right document
Sustainable Tuna Fisheries: Indonesia Perspective
No full textWorld Fisheries encounter serious deficiency problems recently. FAO reported that overfishing cases is increasingly in numbers on international scale. However, there is a dispute as to whether world fish stock is now decreasing or not. Despite such issue is still debatable, fishery management has to be undertaken more seriously and comprehensively. Especially in the case of tuna as its world capture figure is declining in recent years. Therefore, this paper will present the status of tuna fishery in Indonesia, including issues related to tuna fishery. Moreover, this paper will also highlight law, regulations, RFMO’s resolutions and the policy of Indonesia to achieve sustainable fishery and responsible fishing in general as well as tuna fishery species in particular
Praktik Negara-Negara atas Konsepsi Negara Kepulauan
Get PDFSince the succesful adoption of archipelagic state principle in the UNCLOS that was basically sponsored by states whose territory mostly consists of island or group of islands surrounding by sea, there are only nineteen countries out of twenty-four countries that can be considered as archipelagic state, that have enacted their domestic regulations governing their policy toward their sea territory. It can be said further that Indonesia is the only one of nineteen countries who has its domestic regulation in purpose to honor the obligations under Convention on the Law of the Sea 1982 (UNCLOS) and to build strong relationship with international organizations. Based on those facts, it seems that the successful of adopting the regime archipelagic state in international law arena has not been well followed by the support of domestic regulations beacuse of some kind of barriers in each country. Indonesia has to be patient for waiting other countries to handle out their problems and then implement their obligations like Indonesia does
Development Toward the Adoption of the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
No full textOn November 25, 2009, during its governing conference in Rome, the Food
and Agriculture Organization of the United Nations (FAO) approved a new
treaty aimed at closing fishing ports to ships involved in illegal, unreported,
and unregulated (IUU) fishing. This article is designed to give an illustration
on the development of efforts by the international community as a response
to the problems brought by IUU fishing practices. It will start with a
description on the background, then on port state control. It will then be
followed with an anlysis of the international legal basis for port state
jurisdiction. The next part will discuss the case of IUU fishing, and finally on
the FAO Model Scheme on Port State Measures to Combat IUU Fishing, and
the recent Agreement on Port State Measures
Beberapa Aspek Kenisbian dan Kesamaran Perjanjian Internasional
No full textThe article does not purport to analyse an international law problem relating to a speific international agreement, nor does it pretend to develop any theoritical paradigm. It merely puts on stage the apparently clear and simple notion of international agreement while at the same time confronting the reader with its essenially relative nature by signalling the many ambiguities and ambivalences hidden behind the term. The author’s sole intention is to invite the reader’s attention to this feature of relativity so as to prevent him from taking the concept of international agreement too easily for granted.
The following aspects relating to the concept of international agreement, which could easily be augmented, are successively briefly reviewed; the meaning asigned to the adjective “international”; the legally binding or non-binding character of an international agreement; the agreement’s characterization as a source of rights and duties and its denial, the normative relativity of the rights and duties emanating from the international agreement, the case of “administrative agreements” and the obscrurity as to the identity of its parties under international law.
Perjanjian Internasional yang Dibuat oleh Organisasi Internasional by Sri Setianingsih Suwardi:
Nowadays, International Organizations has been recognized as one of the international law subject after exceeded a long winding road. The logical consequence of the recognition is the capability of International Organization to construct an international agreement as well as a State has done. Nevertheless, there are still several mechanism differences between State and International Organization in construct an international agreement. The main difference is about who has the authority to make a deal in international agreement process. This article explores and analyzes the great effort of international organization to gain the recognition as one of international law subject, also the authority of international organization related to the construction of international news
Is the International Seabed Regime of the LOSC 1982 an Objective Regime Valid Erga Omnes? (Reviewing the Legal Status of Seabed from the Perspective of the Law of Treaties)
Get PDFThe existence of the Area as a place who has a big natural resources potention, becomes the conflict source especially about the exploration rights in that place. UNCLOS III gave the solution to the status of the Area as a Common Heritage of All Mankind that set in the special regulation regime. The born of the regime got the opposition from the United States of America and several countries whose want the Area serve by “first come first serve regime” or the freedom of high seas. The other problem is the special regime can be applied by the states whose not the party of UNCLOS III like United States of America
Bali Nuraga-Lampung: Identity Conflict behind the Policy
No full textIndonesia is a nation richly blessed in heritage and culture. Its population consisted of 656 ethnic groups that spread from one end in Sabang to Merauke at the other end, and occupying more than 30,000 islands. In the last few years, a number of conflicts in Indonesia had escalated significantly in their magnitude, whether seen from the area of occurrence, from the backgrounds that triggered them, or the impact and their victims. The Bali Nuraga case in Lampung was a chronicle about the conflict between the people of Balinese descent and the indigenous people from Lampung in Sido Mulyo, it was an interesting subject to analyze, considering that the Balinese were not newcomers to the region. It has been told that this conflict was not essentially about religion, instead it was a conflict triggered by the persistent efforts by the Balinese in Bali Nuraga village to hold onto their identity.This paper will discuss about the ethnic issue that occured in Lampung regarding the existence of Balinese in Lampung. This conflict between Lampung against Bali, as we have seen from the presentation above was not about the Balinese people with their Hindu faith against the people from Lampung who were mostly Muslims; however, it was packaged that way by some parties to intensify the conflict.
Indonesia merupakan bangsa yang kaya akan warisan dan budaya. Populasi yang terdiri dari 656 kelompok etnis yang menyebar dari Sabang hingga Merauke dan menempati lebih dari 30.000 pulau. Dalam beberapa tahun terakhir, sejumlah konflik di Indonesia jumlahnya telah meningkat secara signifikan, baik dilihat dari daerah terjadinya konflik, latar belakang yang memicu konflik, maupun akibat dan korban yang dihasilkan dari konflik tersebut. Kasus Bali Nuraga di Lampung adalah konflik antara penduduk keturunan Bali dan penduduk pribumi di Lampung dari Sido Mulyo, merupakan subjek yang menarik untuk dianalisis, mengingat bahwa masyarakat Bali bukanlah pendatang baru dikawasan tersebut. Telah dikatakan bahwa pada dasarnya konflik ini bukan tentang agama, melainkan konflik tersebut dipicu oleh upaya yang dilakukan terus-menerus oleh masyarakat Bali di desa Bali Nuraga untuk memegang identitas mereka. Tulisan ini akan membahas tentang isu etnis yang terjadi di Lampung mengenai keberadaan masyarakat Bali di Lampung. Konflik Lampung melawan Bali, seperti yang telah disebutkan bahwa bukanlah mengenai keyakinan Hindu yang dipegang masyarakat Bali terhadap masyarakat Lampung yang mayoritas muslim, namun, hal tersebut sudah dikemas seperti itu oleh beberapa pihak untuk mengintensifkan konflik
Connecting Indonesia’s Maritime Cabotage and the 1982 United Nations Convention on the Law of the Sea
No full textOn 7 May 2008, Indonesia enacted Law 17/ 2008 on Shipping (Shipping Act) which substituted Law 20/1992 on Shipping. In the new Shipping Act, maritime cabotage is scheduled to take its full effects on 7 May 2011, exactly three years after its enactment. By the scheduled time, domestic seaborne transportation in Indonesian territorial waters shall be carried out by Indonesian shipping companies, using Indonesian-flagged vessels manned by Indonesian citizens. As a result, foreign flagged vessels will be excluded from transporting goods and/or passengers between islands or ports within Indonesian territorial waters. Among the important reasons for the implementation of this principle are the sovereignty and protection
of domestic shipping industry as well as Indonesia national security issues. This paper will argue that implementing maritime cabotage does not contradict any provisions in the 1982 UNCLOS. It will also show that maritime cabotage and the 1982 UNCLOS are closely related although this principle is not in the convention. The 1982 UNCLOS will advise Indonesia on the limit of its territorial waters, and thus where this largest archipelagic state in the world can exercise its maritime cabotage policy
International Human Rights Protection: Challenges to State’s Sovereignty in a Democratic Era
No full textHuman right violations are difficult to put to an end since in many cases the state itself is the one violating their citizen’s rights. At this point, the international community cannot intervene due to the state’s sovereignty principle. State’s sovereignty principle is one of the international laws primary principles. However, in terms of human right protections, the state’s sovereignty principle usually hinders international communities from giving their assistance in which could be seen as an intervention to the state’s sovereignty. Intervention in order to protect human rights if conducted within certain boundaries is in accordance with the UN charter provisions. Nonetheless, decision-making indecisiveness within the UN causes failure to protect the human rights. Therefore, the state’s sovereignty principle as a concept should be reviewed. Furthermore, reform is necessary at the institutional level of the UN so that dilatory decision-making can be avoided