Indonesian Journal of International Law
Not a member yet
636 research outputs found
Sort by
Kewenangan Electoral Management Bodies dalam Menangani Tindak Pidana Pemilu dalam Perspektif Perbandingan
No full textThis article discusses the role and power of the electoral management body regarding settlement of election irregularities. Every jurisdiction has its own approach and mechanism to prevent, oversee, and punish the perpetrator of the election irregularities and election offences. This article overview the differences of the Electoral Body’s role and power in the election offences settlement process. The conclusion is that, the role and power of the Philippine’s Electoral Commission (Comelec) is the widest and strongest compare to three other countries (Indonesia, Malaysia, Singapore). In order to have more effective settlement process, this article comes to the conclusion that the KPU needs to be provided with the role and power to supervise and initial handling of certain irregularities by means of special division, namely supervisory and law enforcement division
Perkembangan Pengelolaan Perikanan Global
Get PDFGlobal fisheries production has been marked by the fast growing pattern of capture fisheries production. During the last five decades marine fisheries production demonstrated an increase of nearly 500% or an annual average increase of 4.5%. this spectacular increase raised a global concern since it accompanied by overexploitation of resources in various parts of the world ocean. This concern has led to a series of negotiation in international arena that resulted in the formulation and finally adaption of the Code of Conduct for Responsible Fisheries in FAO in 1995. Elaboration of the implementation of the Code brought about the formulation of International Plan of Action (IPOA) burning issues of priority for which member countries of FAO are encouraged to translate it into National Plan of Action (NPOA). Four NPOA has been available including IPOA for sharks, for seabird bycatch in longline fisheries, for fishing capacity and for IUU fishing. Regional Fisheries Organization (RFO) in recent years has tasked to deal with management of living resources that do not respect administrative boundaries, such as some species of tuna and small pelages. Some of the fish resources exploited by the Indonesian fishers move across EEZ into high seas for which it falls within the responsibility of regional fisheries organization to manage. Indonesia is therefore encouraged to join such RFO to assure active participation in the management of the resources. Nonetheless, the administrative bureaucracy has hindred the process
GOOD FENCES MAKE GOOD NEIGHBOURS: CHALLENGES AND OPPORTUNITIES IN FINALISING MARITIME BOUNDARY DELIMITATION IN THE MALACCA STRAIT BETWEEN INDONESIA AND MALAYSIA
Get PDFMaritime boundary issues are by no mean new for Indonesia and Malaysia. Notwithstanding the fact that Indonesia and Malaysia signed a maritime boundary agreement as early as 1969, the twoStates have yet to finalise various pending maritime boundaries between them. Compelling cases such as Ambalat Block dispute (2005, 2009), Tanjung Berakit incident (2010) another incidence in the Malacca Strait (April 2011) and others maritime boundary issues are apparently consequences of unfinished maritime boundaries between Indonesia and Malaysia. This paper seeks to analyse challenges and opportunities in finalising maritime boundaries in the Malacca Strait between Indonesia and Malaysia. It focuses on description of maritime boundaries between the two States, followed by recent developments in the Malacca Strait. An incident involving Indonesian patrolling officers and Malaysian-flagged fishing vessels which occurred on 7 April 2011 is the key case discussed. It is viewed as a relevant representation of what happen between Indonesia and Malaysia, which also applies to other areas where maritime boundaries are pending or absent. This discussion eventually highlights the importance of maritime boundary delimitation in the Malacca Strait betweenIndonesia and Malaysia. Options for maritime delimitation between Indonesia and Malaysia in the Malacca Strait are the main outcomes of this paper. This is achieved by taking into consideration principle of the law of the sea, relevant jurisprudence, and existing agreement between Indonesiaand Malaysia. To accurately generate options for delimitation, geospatial approach was employed by utilising relevant geospatial data and technical tools and operations
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum
No full textLaw enforcement cooperation in international relations is crucial to determine on whether or not national law enforcement to transnational crimes is succeed. The oldest cooperation is extradition followed by other cooperation such as mutual legal assistance treaty, transfer of sentenced person, transfer of criminal proceedings, joint investigation and handing over. This article tries to examine the reasons why those kinds of agreement are needed in law enforcement cooperation. It specifically discuss on Indonesia’s experience in concluding those agreement with its neighboring states within ASEAN
Resolusi Mengenai Rencana Peninjauan, Tempat-tempat Perlindungan dan Pendaur-ulangan Kapal-kapal
Get PDFHuman Development and Human Security: A Journey towards a Humane Global World
No full textThe human security and human development issues are intertwined and can not be separated from the latter to the former. Those two concept’s main goals are to eradicate poverty and increase the life quality of human beings, so it has to be respected in international and national level, especially after United Nations adopted the Millenium Development Goals (MDGs) as the outcome of UN Millenium Summit 2000. MDGs’ main focuses are as follows: eradicate extreme poverty, achieve universal primary education, empower women, developing a global partnership for development. The sustainable developments in which consists of economic development, social development and protection of environment is also needed to reach the MDGs’ main goals. Moreover, to reach the main goals of MDGs, developed countries have to follow the Millenium Development Compact, in the context of providing help for developing countries to create an economic global and a fair trade system. Furthermore, it is important for developing countries to prepare theirselves to put MDGs’ main goals into their national development program
Perlindungan Folklore: Apakah Rezim Hak Cipta Memadai?
No full textThe government of Indonesia has given a protection for folklore in article 10 Undang-Undang Hak Cipta No. 19 Tahun 2002. It means the protection for forlklore is placed under Intellectual Property’s Regime. The protection is about the regulations of permission for using Indonesian folklore by foreigner but there are some problems occurs. Is it right or wrong to place folklore, there are no evidences to prove that a folklore belongs to, do not mind when the folklore is used by foreigner. This article is trying to give a possibility to solve those problems by seeing the folklore protection in China
Human Rights in Context of the Historical Non-Aligned Countries’ Debates on Universalism and Cultural Relativism, and Current Human Rights Development in Indonesia
No full textHuman rights issue was born as a result from Nazi Era by the occurrence of Universal Declaration of Human Rights in 1948. Human rights are meant to be universal by definition. The non-aligned countries generally consider human rights as western concept. The writer in this article is questioned whether or not other cultures have a concept of human rights. If they have a certain concept of human rights, the next question is whether or not it resembles that of the Universal Declaration. The writer finds it still difficult to build a bridge between universality and relativity of human rights concepts. Finally, the writer concludes that cultural relativity is real and an undeniable fact
