Indonesian Journal of International Law
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Creating a Sustainable Inter-City ASEAN Football League, Regional Television Programming Network, (Content/IP Industry) Sports Tourism and Travel Industry and Developing Principles for a Legal Framework to Achieve Economic and Socio-Cultural Integration
No full textChina is poised to be the second largest economy in the world and investment will continue flowing into its growing affluent and gigantic domestic market. It is not surprising that the total inflow of Foreign Direct Investment (FDI) into ASEAN from the years 2007 to 2009 significantly shrunk from US39.6 billion. In 2010 ASEAN broadcasters paid a total of US45 million of TV revenue, one per cent of the total TV expenditure of ASEAN countries. Moreover, many indigenous or foreign sponsors will be interested to sponsor the tournament, stadiums, teams, and players, making a league a sustainable project. Every team has to play 19 home and 19 away matches. A sustainable intra-ASEAN sports tourism and travel industry will emerge when each of the 20 team’s players, officials and supporters travel to the 19 cities for the away matches, fostering friendly competition and social integration. The stadium in each city no longer became “a white elephant” when the operators has to organised at least two matches a month. Traditional and contemporary song and dance shows organised before every match and telecast live can entertain and education a mass TV audience for cultural understanding and later, integration. The creation of an Inter-City ASEAN Football League would lead legal issues and challenges in the formulation of sports sponsorship contracts, regional broadcasting rights, management of stadiums and governance
ISPS Code Diterapkan di Pelabuhan Perikanan Samudera Jakarta, Mungkinkah?
No full textPort is one the important places in transportation and economic activities. Port is also become the center the center of attention since so many crimes happens and most of the crimes. Because of that, international society is very concerned with that problem by making a regulation called International Ships and Port Facility Security (ISPS) Code. This article will discuss how this regulation is implemented and the implementation possibility in the Jakarta Ocean Fisheries Port (Pelabuhan Perikanan Samudera Jakarta) that is not considered yet as international port
Interrelations Between Human Rights and International Humanitarian Law According to Separation Wall Case
No full textAccording to the ICJ, Israel has violated International Human Rights Law (IHRL) namely the right to liberty of movement under the 1966 International Covenant on Civil and Political Rights (ICCPR), the right to work, the right to health, the right to education, and to an adequate standard of living under the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC). This paper will discuss whether those norms are also covered under International Humanitarian Law (IHL) applicable in the occupied territory. It is without doubt that Geneva Convention IV in the occupied territory applies since the military occupation occurred and the victims who are the Palestinian inhabitants are regarded as protected persons. Israel has not become a party to the 1977 Additional Protocol I, consequently, those provisions do not apply unless those provisions are considered customary law
Perlindungan Hak-Hak Perempuan dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional tentang Hak Asasi Manusia
No full textMixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly
Consignment in Land Acquisition
No full textThis paper provides an overview of land acquisition for public interest
projects with a focus on a specific aspect of the process: the consignment of
the compensation payment in court when an affected land owner rejects the
compensation offered by the government institution that requires the land.
Consignment has become a common practice in cases where the government and land owner can not reach a mutual agreement on land compensation during the negotiation time frame established by regulation. The first part of this paper presents some general facts about consignment and how it is regulated in Indonesia. The second part describes some current cases of consignment in land acquisition. The third part clarifies some parts in the current regulation which cause delays to land acquisition and have negative social effects especially related to consignment. The last part of the paper suggests some policies which may facilitate land acquisition in Indonesia
Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom di Indonesia
No full textImproving legal certainty to attract foreign investment is very significant because it is one of very important consideration which involved in the decision to choose where to invest. In relation to legal certainty, an issue that has being discussed intensively is the investment conducted by Qatar Telecom, a big company form Middle East and a shareholder of PT. Indosat Tbk. The legal issue which arise is, Qtel would like to buy Indosat shares and increase its shares in PT. Indosat to be more than 50%. However under Presidential Regulation No. 111/2007, the maximum of foreign capital ownership limit in the business sector of telecommunication was 49%. Then, Ministry of Economic Coordinator concluded for any company that had been invested before the enactment of Presidential Regulation No. 111/2007 was governed by existing Negative List of Investment at the time the company established. This article analyzes the enforcement of Negative List of Investment regulated in Presidential Regulation No.111/2007 to the investment in the capital market
Human Rights in The Perspective of Islamic Law
No full textIslam is one of the world’s religions which strongly emphasize the
enforcement and protection of human rights. This is reflected in the objectives of Islamic law, namely, human happiness in the world and in the Hereafter by taking everything that is useful and rejecting what is detrimental. There is a very principled distinction between human rights in Islamic legal thought with human rights in Western legal thought (Europe, mainly United States). Differences occurred because Western thought looks at human rights merely anthropocentric, ie, man-centered. With that thought human beings are prioritized, regardless of human affairs of God. Conversely, the view of Islamic law is teosentris, meaning that it is centered on God. Humans are important, but more important is Allah. Center of all things is Allah. This view became one of the factors that cause people to misunderstand Isla
Problem of Human Rights in World Politics: Three Indonesian Case Studies
No full textThe problems of human rights in the global political arena makes the interaction between the actors, even it is a state or non-state after the end of the cold war. In this article, the perspective of international and domestic is used to discuss the extent of the human rights affect those actors. In an international perspective, the emerging of global terrorism threat is start by the September 11th 2001 accident whose be the new challenge for the promotion of human rights because the dominant states will feature the domestic security and international instead of the honor of the human rights. In that point, United States of America’s role and its allies is getting much intention in this article. In domestic perspective, the authors take three cases experience of Indonesia in the consolidation of democracy in the promotion of human rights whose still questionable. Concluded that the promotion of human rights is must be the part of the integral from the democracy consolidation process