Indonesian Journal of International Law
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“Overheidsbeleid” dan Asas “Materiele Wederrechtelijkheid” dalam Perspektif Tindak Pidana Korupsi di indonesia
No full textWithin the implementation of materiele wederrechtelijkheid principle, some quarrels still take place among the academicians and law enforcers. One of the reasons is because there is different position taken by the academics and by the courts in evaluating the bureaucrats’ actions in making their beleid and executing their discretionary power, in the white collar crime cases, especially in corruption cases. In relating to the placement of this principle in Criminal Code Draft, it is must be observed that the implementation will not be easy. The same condition will also apply to corruption cases. If the principle wants to be implemented, it has to be stricter, conditional, according to situation, and casualties. Discretionary power has also brought its own problem besides the implementation of the principle because of its contribution in corruption cases. This article tries to describe and examine the implementation of materiele wederrechtelijkheid principle, from corruption perspective in Indonesia
"Kekhawatiran Masa Kini" Pemikiran Mengenai Hukum Pidana Lingkungan Dalam Teori dan Praktek
No full textApproaches to Trademark Infringement in ASEAN Countries: Analysis of How the Case is Likely to be Decided in Indonesia
No full textThe purpose of the establishment of the Commercial Court is to resolve civil disputes in the field of Intellectual Property Rights (IPR). Settlement of civil disputes to the Commercial Court by special judges are expected to resolve disputes in a timely manner with high fixed honor law enforcement and to be fair and can meet the expectations of society. This paper would describe the Indonesia trademark law and discuss how the courts in Indonesia is likely to decide on the facts of three landmark cases, namely Whirlpool vs Kenwood; L’Oreal SA vs Bellure NV; and Och Ziff Management Europe Limited vs OCH Capital LIP which will focus on trademark owners perception of IPR infringement in Indonesia
The International Criminal Court: An Analysis of Republican Liberalism Perspective
No full textThe establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia is the state parties of Rome Statute 1998 but they have problems on the violators in their country. Compared to Indonesia which is not the party of Rome Statute but still has the same problem. Indonesia is intend to be the party of Rome Statute in 1998 and 2008. This article is explain how the reaction of the states, especially those who are in the internal armed conflict and in the transition period, with the new development in international law, especially human rights. Writers is using the theory of Andrew Moravcsik in his article “The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe”, where the countries is in the traditional phase to “lock in” in the international law. with that way, Moravcsik thinks the countries can not go back to the authoritarian period
Some Reflections on ‘the Future We Want’: Is the’Sustainable Development’ Paradigm as a Guarantor of Ecological Security Under Serious Threat?
No full textThe Rio+20 Declaration on the “Future We Want”, is a political document that conveys the aspirations of the international community and provides a blueprint for a programmatic action to ensure sustainable development for the future. The six sections which the “Future we Want” focusses are:
a shared common vision; renewing political commitment; green economy; institutional framework for strengthening sustainable development; framework for action; and means of implementation.
For reasons of felicity the paper is divided into the following sections: (i) the general conceptual framework of sustainable development; (ii) Right to Development and eradication of poverty; (iii) Role of Green economy in guaranteeing sustainable development; (iv) Financial resources and transfer of technology; (v) Roadmap for the Future of sustainable development. The paper will endeavour to investigate the ‘sustainability of sustainable development paradigm’ based on two critical themes,
namely: (a) whether the paradigm of ‘sustainable development’ that guarantees ecological security is under a serious threat, as was evident from the attitudes of developed countries at the Rio+20 Conference; and (b) possible solutions, based on the principles of common but differentiated responsibilities (CBDR) and equity which are imperative to sustain and further strengthen the existing international legal order by consolidation of principles of ‘solidarity’ and international cooperation
among all countries, to be able to achieve sustainable development for preservation of planet Earth
and future generations
The European Union and Employment Law
No full textThis article discuss about the labor law in the European Union, where the provision is regulate and bind the member states. But, the European Union has many of the members is trying to unite the difference in the national law of member states. Otherwise, this article also discuss how the labor agreement status between the states in Europe
Upaya Diplomatik Indonesia dalam Penetapan Alur-Alur Laut Kepulauan Indonesia (ALKI)
No full textIndonesia is the first Archipelagic State which proposed the establishment of archipelagic sea lane passage as governed in article 53 United Nations Convention Law of the Sea (UNCLOS) 1982. The author opined that basic principle pf Archipelagic State is the unity of land, water, and people. This article explains the archipelagic sea lane passage based on the UNCLOS 1982. Moreover, this article describes the Indonesian efforts on the establishment of archipelagic sea lane passage, includes Indonesian diplomatic effort, within International Maritime Organization
Whose Side Is It On? – The Boundaries Dispute in the North Malacca Strait
No full textThe waters in North Malacca Strait are one of a number of areas between Indonesia and Malaysia where no clear boundaries exist. Currently, there is an agreement on boundaries of the continental shelf between Indonesia and Malaysia in the area, but as yet there is no agreement on the boundaries for the Exclusive Economic Zone (EEZ). The lack of clear boundaries makes it difficult for either State to effectively exercise control over the body of water, not only with regard to fishing activities, but also with regard to environmental and security issues. This paper will discuss the history of the regime of the continental shelf, the Agreement on Continental Shelf Boundaries between Indonesia and Malaysia and the development of the international regimes for the EEZ and the continental shelf under the United Nations Convention on the Law of the Sea (UNCLOS). It will then discuss the importance for Indonesia and Malaysia of having clear EEZ boundaries in the
North Malacca Strait
Domestic Violence (Kekerasan Dalam Rumah Tangga) Dalam Perspektif Kriminologi dan Yuridis
Get PDFDomestic violence is one shape of violence that happened to certain women in the world. The major cause of this type of violence is discrimination against women as one of gender issues. Actually, problem of women's discrimination has been addressed in several law instruments, both national and international. Domestic violence is obstinate to restrain in society and is difficult to bring up to the surface for the reason that there is power relationship between victim and offender besides emotional relationship and psychological burden. This recent day, Indonesia attempts to develop a draft of national rule for protecting women from domestic violence, which called Draft on Domestic Violence Law. Unfortunately, this draft still has some lack that can raise new problems in its implementation. This article explains about a whole picture of domestic violence, the critics towards Draft on Domestic Violence Law, and alternative solution to manage problems in domestic violence
Implikasi Berlakunya Protokol Kyoto 1997 terhadap Indonesia
No full textThe 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change will entry into force in February 2005. The purpose of this protocol is to stabilize the green house effect concentration in the ozone layer to unharmed level for earth’s climate system. This protocol has a great influence to the developed countries that have a lot of contributions to emission of dangerous gas. Indonesia, as an agricultural country, as well as an archipelagic state, will get the effect of the climate change that have a bad influence to the water recycle and food production. Accordingly, this article will discuss about the implication of the Kyoto Protocol to Indonesia