Indonesian Journal of International Law
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Globalisasi, Netwar, dan Isu-Isu Strategis di Asia Pasifik
No full textNowadays, globalization gives impact to security, either national or international because of developments of science, technology, and human movement. There are five main issue in international society as consequences of globalization, which are drugs dealer, small arms trafficking, infringement of intellectual property rights, people smuggling, and money laundering. Furthermore, there is new terminology, called netwar, which is occured because of the development of information technology and being used to break up the nationaland international security. Basically, a non-traditional security matter is not a new issue. It is just a local issue, which does not get public awareness but globalization has pushed it to come out and sometimes it is believed that it has become a new resource of global threat
Evolution Of Terrorism Act Against Civil Aircraft
No full textSince an aircraft was invented, an aircraft is not only used for transporting person from one place to another, but also can be used in war until revenge terrorism ideology and faith against a state. Furthermore, an aircraft is a representative of state where the aircraft is registered, which is also defined by terrorist as a target to attack a state. Attacking a civil aircraft is categorized as an international crime. Hereinafter, since Tokyo Convention 1960 declared, the evolution of crimes against civil aircraft has been evolved. The main target of offences is still an aircraft, however, the offence is diverted by attacking others target such as all facilitations relating to the security in civil aviation including airport and air navigation. 9/11 accident in USA is a picture how terrorism offence is still evolving. Now, aircraft and ground navigation facilitations are not the only main object in attacking by terrorist. The aircraft now is used to attack others ground target which are represented a state. The evolving of terrorism acts, in the end, is the reason why Beijing Convention 2010 on the Suppression of Unlawful Acts Relating to International Civil Aviation was made.
Sejak pesawat ditemukan, pesawat tidak hanya digunakan untuk mengangkut orang dari suatu tempat ke tempat lain, tetapi juga dapat digunakan dalam perang hingga ideologi balas dendam terorisme dan keyakinan untuk melawan negara. Selain itu, pesawat terbang adalah perwakilan dari negara dimana pesawat tersebut terdaftar, yang juga didefinisikan oleh teroris sebagai target untuk menyerang negara. Menyerang pesawat sipil dikategorikan sebagai kejahatan internasional. Selanjutnya, sejak konvensi Tokyo 1960 menyatakan, evolusi kejahatan terhadap pesawat sipil telah berkembang. Target utama dari penyerangan masih pesawat terbang, akan tetapi, penyerangan dialihkan dengan menargetkan orang lain seperti semua fasilitas yang berkaitan dengan keamanan dalam penerbangan sipil termasuk bandar udara dan navigasi udara. Kasus 9/11 di Amerika Serikat merupakan gambaran bagaimana penyerangan terorisme masih terus berkembang. Saat ini, pesawat terbang dan fasilitasi navigasi darat bukan satu-satunya objek utama dalam penyerangan teroris. Pesawat terbang saat ini digunakan untuk menyerang sasaran wilayah pihak lain yang diwakili negara. Perkembangan dari aksi terorisme, yang pada akhirnya, adalah alasan mengapa Konvensi Beijing 2010 tentang Pemberantasan Tindakan Melawan Hukum Berkaitan dengan Penerbangan Sipil Internasional dibuat
Indonesia Air Space Liberalization towards ASEAN Community 2015
No full textASEAN integration gives consequence in regional and national aviation.
As a part of ASEAN Economy Community (AEC) programme, ASEAN Aviation
proclaimed Open Sky as a policy for liberalization. In addition, the policy has dramatically implication in Indonesia aviation market including passenger, destination and facilities which Indonesia is not ready yet. Air space liberalization covers 3rd, 4th, and 5th freedom of the air and some soft right for facilities. For Indonesia these are no easy to face it. Indonesia government with all the limitation has to analyze and raise the capability of
its human resources and facilities with international standard. In the other
hand, Singapore with Singaporean airlines and some facilities are ready for
enforcing the item of this policy. Furthermore, ASEAN integration should
have seen from whole aspect, not only political reason as a tool for achieving
international recognition but also the readiness of the members
Maritime Security Issues in Southeast Asia, An Indonesian Perspective
No full textIn this globalize world the new threats to security are civil violence, transnational organized crime, terrorism and weapons of mass destruction, poverty, deadly infectious disease and environmental degradation. Transnational Organized Crime emerges into a serious threat to national and international security and stability with an increasingly adverse economic and social impact on States and civil society. This paper will discuss maritime security issues relevant to the situation in Southeast Asia, particularly in Indonesia and in the Straits of Malacca and Singapore. This article will focus on trafficking in persons in the context of maritime security and its challenges in the Straits of Malacca and Singapore. Moreover, it will also discuss Indonesia’s effort to address those issues at the national and regional level
Global Administrative Governance: Liberalization of Government Procurement in Third World Countries
No full textGlobalization and the rise of global governance are transforming the structure of International law. From the perspective of the classical, interstate consent-based international law, global governance may still appear merely as a quantitative increase in international legal instruments. On the other hand, some requirement for adoption international law is needed, particularly through a classic scheme for binding force of international law into national legal system. Classic method means that such agreement which is concluded by states. One of the interstate consent based international law is Government Procurement Agreement (GPA) which legally binding agreement in the WTO focusing on the subject of government procurement. Since GPA is a multilateral treaty administered by a Committee on Government Procurement, which includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement. In fact, the majority of member state, particularly most developing countries are not party the GPA, so there is no legal obligation to observe all the provision of GPA. It seems to be a great obstacle for developing countries to adopt the GPA provisions by several reasons In sum, global administrative governance takes some roles to reform some legal frame works in developing countries. A great contribution produced some positive legal reforms in term of the achievement of competitive and transparent government procurement
Perjanjian Internasional yang Dibuat oleh Organisasi Internasional
No full textNowadays, 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 agreement
Responsibility of States to Protect Human Rights of Civilians in Internal War Situations: A Legal Analysis From a Human Security Perspective
No full textMain objective of this research paper is to examine and evaluate the applicable legal standards governing the responsibility of states to protect their own people affected by the ravages of internal wars from a human security perspective. It will further discuss the responsibility of state to investigate the violations of human rights committed in such war situations and the need to prosecute the alleged offenders to provide redress to the victims of such violations. The violations of human rights will be broadly defined in this research to include both human rights and violations of humanitarian law in the context of non-international armed conflict situations. This paper will draw special attention to the international community’s queries pertains to the alleged violations of human rights and humanitarian law principles against the protection of civilians during the civil war in Sri Lanka