Indonesian Journal of International Law
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Women’s Rights Protection in Cultural and Environmental Sector
No full textThe Indonesian society is a patriarchy society, where female’s roles in society, national, and country life are not apparent because they have always been dominated by men. This is reflected in almost all laws products passed by the legislative committee. Furthermore, the summary of female rights protection in Human Rights Law that includes 7 life sectors , does not regulate protection of female rights in culture and environment. This might be a threat to society life, especially to female in culture and environmental sector
TOWARDS PRINCIPLED FISHERIES GOVERNANCE AUSTRALIAN AND INDONESIAN : APPROACHES AND CHALLENGES
Get PDFThe principled fisheries governance coexist two concepts under the precautionary principle. The first one, based on the strengthening of the concept of environmental protection, aims to promote a prevention proportional to the potential risks. The second one looks for the eradication of risks and it may even require the ‘‘proof demand’’ of innocuousness. Implementation of the precautionary principle in the fishing sector became established as a reaction in general situation of world fish stocksto guarantee the sustainability of the exploitations. This paper tries to stress the implementation of the precautionary principle in Australia’s practice to application in Indonesia’ legal framework of fisheries. The Concept of precautionary principle must analysis with compatibility principle before implementation in national level. Needed to fisheries governance of the management and conservation of legislation or establish a new national single instrument of conservation of fisheries. There shouldbe more research on precautionary principle in fisheries conservation especially on its complexity of legal instrument. Currently, the implementation of precautionary principle must be done in Indonesia.Thus, it evaluates the concepts applied in Indonesia fisheries management and conservation, and it concludes by pointing out solution of the problems derived from its implementation
Pertanian Indonesia dalam Perundingan Aturan Perdagangan Internasional
No full textIt is a paradox that Indonesian agriculture would prefer a market oriented condition to enhance its economic performance but at the same time it requires at significant degree of Government intervention to maintain its economic and non-economic goals to face with economic globalization. The existence of market imperfection as an argument of government intervention on agricultuer of developing countries and it is being worsened by biased trade policies applied by developed countries. By realizing its unfaded importance, Indonesia should see the paradox and consider i then makeing position for negotiations on market liberaliazation of agriculture
Impacts of the Implementation of Border Crossing Area Agreement between Indonesia and the Philippines at the Border of Miangas Island of North Celebes
No full textThe existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing from generations to generations; political aspects, BCA causes frequent migrations by border people of Miangas Island to the Philippines because of the strong historical and kinship factors, economic factors, to get better education, facilities and infrastructures in health, and communication and transportation that in the Philippines are considered better. These situations made the regional government to use its authority in Act No. 22 of 1999 concerning International Covenant and Act 32 of 2004 concerning Regional Government to empower the Border Crossing Area Agreement in Miangas Island by revising that agreement. The efforts conducted by the government were by issuing the Regional Ordinance No. 1 of 2001 concerning the development of Sangihe and Talaud Islands area and Regional Ordinance No. 2 of 2001 concerning the Spatial Arrangement of Sangihe and Talaud Mainstay Area. It is expected that the Border Trade Area (BTA) will pay attention to the Declaration of Liberal Democration Principles concerning Ethnoculture and National Minority and Native Tribes suggesting the local government to accept, with domestic laws and with the covenant legalized internationally concerning the principles of minority rights implementation, equal in its interests with the classical Human Rights
Peran Internasional Criminal Court dan Kejahatan Terhadap Kemanusiaan Oleh Militer
No full textHuman rights violations become an interesting topic in this 21st century along with emerging respects for civil rights for every violent action. Every person has freedom from persecution and violence either by militia or military force. This can be seen from the establishment of the International Criminal Court (ICC) to prosecute war crimes and crimes against humanity. These efforts are aimed to those who are violating human rights especially by the military force which they can be brought the ICC for their actions
Standar Internasional tentang “Governance” dan Pengaruhnya pada Praktek Domestik Suatu Negara
No full textThe emminent economic crisis in the past decade – in particular in Asia has signified a momentum for initiate financial reform as imposed by industrialized countries, with aims to promote resilience in international financial system, to install a pre-warning signal, and to enable to seek effective measures to resolve the financial turmoil in the future. The preventive measures among others is to encourage government policy makers to implement international standards of governance in its financial sector by method or regulation and best practices. Aside of that, globalization of international financial system inevitability brings the practice of trade and transactions across countries within its outreach, which eventually leads to domestic countries to absorb the international standards, either way
Hukum Internasional Sebagai Lex Causae oleh Badan Arbitrase Komersial Internasional
Get PDFThis article discusses whether international law may be applied as lex causae by arbitral body. The international instrument used as comparative study are the Model Arbitration Law 1985, UNCITRAL Arbitration RUles, the ICC Rules of Arbitration the ICSID Convention and the Indonesian National Law on Arbitration. The article suggest that although international law seems inappropriate to deal with commercial matters, in certain circumstances, it is possible
Contemporary Existance and Relevance of the Law of Use of Force, the United Nations and the UN Charter
No full textThe increasing number of the breaking of international law especially the use of military force by the States, the regulation in military violence in international relations is not relevant anymore. Even the United Nations and the provision in the Charter considered can not face the reality in the world right now. But, that opinion can not be justified because many of the states in the world always trying to find the justification in international law for all of the action by the states
