Indonesian Journal of International Law
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GATS dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan dan Kepentingan
No full textTrade in sevices, far more than trade in goods, is affected by domestic regulations. Many services sectors are highly regulated to ensure a certain level of quality, to protect consumers, environment, public health, or to pursue other social goals. Domestic regulations of all kinds can be drafted and applied in ways that directly or indirectly undermine international trade commitments. Trade rgeime would therefore seem to have legitimate interest in disciplining the use of such regulation. GATS aims at trade liberalization and expansion of trade, hence its central concern is to make sure that national regulation does not create unnecessary barriers that would impede implementation of such objectives. On the other hand, GATS recognizes the rigts of WTO members to regulate and to introduce new regulations on the supply of services in order to meet national policy objectives. The mixed objectives of trade liberalization and national regulation do create potential conflict that leads to the question of what is the main objective of GATS and the role of national regulation. National regulation provides a range of legitimate objectives of multidimensional nature which deserve proper recognition within GATS regime. It requires necessary autonomy and flexibility to respond effectively to social and economic objectives. Multilateral disciplines must therefore be crafted carefully to ensure the appropriate balance between those two opposing objectives
ASEAN and the Convention on the Rights of Persons with Disabilities: Using International Law to Promote Social and Economic Development
No full textThis paper examines the potential impact within ASEAN of the Convention on the Rights of Persons with Disabilities (CRPD). Although persons with disabilities should also enjoy the rights provided in previous human rights instruments, a specialist treaty is necessary because many individuals with disabilities are still marginalized, with low rates of education and employment. States parties are thus obligated to remove physical and attitudinal barriers and to actively promote capability and inclusion of all persons with disabilities. Disability rights organizations have urged members of ASEAN to ratify the CRPD. At present, Laos, Malaysia, Philippines, and Thailand are states parties and the Indonesian House of Representatives voted to ratify the treaty in October 2011. Full ratification would build upon progress made during the Asian and Pacific Decade of Disabled Persons, which led to the adoption of the Biwako Millennium Framework For Action Towards an Inclusive, Barrier Free and Rights-Based Society for Persons with a Disability in Asia and the Pacific. Ratification of the CRPD should strengthen governments’ efforts to implement the Biwako Millennium Framework because all states parties to the CRPD are obligated to report periodically to the United Nations Committee on the Rights of Persons with Disabilities. This is therefore an opportune time to analyze what the treaty could mean for persons with disabilities in ASEAN
Anti-Terrorism Efforts in Indonesia
No full textTerrorism is defined generally under the Anti-Terrorism Law as the intentional use of ‘violence or the threat of violence to create a widespread atmosphere of terror or fear in public’. Indonesia is a victim of terrorism, but at the same time, a safe haven for terrorists. The Indonesian government has taken various measures to eradicate terrorism, yet the Anti-Terrorism Law has not been effective in eradicating terrorist acts in Indonesia. Implementation and enforcement of Anti-Terrorism Law has not been an easy task. Terrorism for Indonesia is a complex and multifaceted issue. This article argues that the successful experience of some other countries in eradicating terrorism may not be applicable to Indonesia. Indonesia has peculiar problems which require anti-terrorism efforts to be sufficiently sensitive to the local context.
Terorisme pada umumnya didefinisikan berdasarkan Undang-Undang Anti-Terorisme sebagai pengunaan kekerasan atau ancaman secara sengaja untuk menciptakan terror atau ketakutan di muka umum. Indonesia merupakan korban dari tindak kejahatan terorisme, akan tetapi pada saat yang sama merupakan tempat yang aman bagi teroris. Pemerintah Indonesia telah mengambil beberapa langkah untuk mengatasi terorisme, namun hukum Anti –Terorisme dianggap belum efektif dalam mengatasi aksi terorisme di Indonesia. pelaksanaan dan penegakan UU Anti terorisme bukanlah hal yang mudah dilakukan. Terorisme bagi Indonesia adalah masalah yang kompleks dan beragam.
Tulisan ini berpendapat bahwa pengalaman sukses dari negara lain dalam pemberantasan terorisme mungkin tidak dapat diterapkan di Indonesia. Indonesia memiliki masalah khusus yang memerlukan upaya anti-terorisme untuk cukup peka terhadap konteks lokal
Regulation of International Straits
No full textGenerally this article discusses regulation on international strait which involves the straits of Malacca and Singapore. With regard to the straits used for international navigation, the 1982 UNCLOS prescribes the rights and obligations of the States bordering the straits as well as the users in transip passage. This article describes the problems of the straits of Malacca and Singapore which mainly lay on how to ensure safety and protect environment of the coastal States, Development od Cooperative Mechanism, bilateral cooperation, and new issues. In conclusion, the author share his lesson learned within the last decades on his experiences
Mandat dan Fungsi dari Komisariat Tinggi PP Urusan Pengungsi (UNHCR)
No full textThe article highlights and describes the main aspects of the mandate of the United Nations High Commissioner for Refugees (UNHCR), in particular its operational dimension which has mainly been built as a worldwide response to refugee crises, and its protection role, which entails all activities aimed at ensuring that the rights of refugees and other persons of concern are respected and promoted by States. In the second part of the article, the author summarizes UNHCR’s activities, both present and past in Indonesia
European Union dalam Hukum Internasional
No full textEuropean Union has developed from just merely economic coooperation into much stronger bond among its Member States to include unified currency and common foreign security principle. Nevertheless the biggest challenge for European Union is its own status the intern
ational law, whether it obtains status as an international legal person whilst eventually will enable it to play more influental role in international community such as the formation of international relation. This article will observe this issue by brought up the internal debates on European union status in international law
Human Security, Human Development and the Millenium Development Goals
No full textThe safety from chronic threats such as hunger, malnutrition, disease and repression, also protection from sudden and hurtful disruptions in the patterns or routine of daily life are two main aspects of human security in UNDP’s view. Human security is distinct and should not be confused with the traditional concept of national securiy. Human security is linked to human development, development that is people-centered, inclusive, equitable and sustainable, for the simple reason that the latter leads to the former. If human development is the road to human security, then the MDGs are the road map guiding countries in their journey. The MDGs consists on several points, as follows: eradicate extreme poverty and hunger, achieve universal primary education, promote gender equability and empower women, reduce child mortality, improve maternal health, combat HIV/AIDS, malaria and other diseases, ensure enviromental sustainability, and last is developing a global partnership for development. There are several important stages for Indonesia’s journey to reach a human security stage
Checkbook Diplomacy Jepang dalam Hubungan dengan ASEAN: Relevansi dan Tantangan bagi Indonesia
No full textThis article would analyze the increasing of Japanese interest in its relations with ASEAN in the contemporary era, with the emerging of China, the withdrawal of substantive parts of the US presence in East Asia, and the intensification of economic integration in ASEAN. It is argued that Japan would continually use its method of ‘checkbook diplomacy’ in dealing with ASEAN, due to its inability to reformulate a new international role to adjust the international situations. As the de facto leader of ASEAN in line with Indonesian national interests as well as ASEAN regional visions
