Indonesian Journal of International Law
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The FIFA Regulations on the Labor Regulations and Transfer of Player
No full textLike a job in general, the athletes like a footballer bend to the regulations. There are some regulations for them and their boss (clubs), in the international level there are the regulations made by Federation Internationale de Football Association (FIFA). This article is trying to analyze how the FIFA regulations about the employment relations between the club and player by taking the case from two main international arbitration court, the FIFA Dispute Resolution Chamber and the Court of Arbitration of Sport
Konsep Tanggung Jawab Pimpinan dalam Hukum Pidana Internasional: Kajian atas Penerapan di Indonesia
No full textCommander's responsibility as a legal concept has been adapted in the Indonesian legal system. The term commander's responsibility has a specific definition, however the concept has not been comprehended well enforcement agency. In Abilio's case, for example, there has been misinterpretation of the concept. The concept of commander's responsibility under international law has been confused with superior responsibility under administrative law. The article intends to clarity the understanding of the concept and how it was implemented in the Abilio's case
Recent Developments In Administrative Law In The Netherlands and the European Union
No full textThe recent developments in many aspects of life, in politic, economic, cultural et cetera has a great influence on legal system around the world. For example, the developments in administrative law is increaded dramatically in Europe, especially after the European Union expanding their membership, following the new membership for 10 states since 1 May 2004. This article describing about the recent development of administrative law in The Netherlands and The European Union, especially after the actual development in The Netherlands legislative and European Union, also several national regulations regarding administrative law in European Union’s draft of constitution
Perspektif Hukum dan Ekonomi atas Kerjasama Luar Negeri oleh Pemerintah Daerah
No full textGlobalization and the increase of international relations have created new actors in international community. States are no longer the only parties in international relations, nowadays local government (city/province) has become one of the actors in international relations. In this context, law has an important role to regulate the relations between local government in a state with another local government in other state. It takes national and international law to arrange that international interaction or relations. In economic perspective, international relations by local government should give a real contribution to their local community and for their state. That’s why international relations by local government can be seen from law perspective and also from economic perspective
Status Hukum Pulau-Pulau Terluar Indonesia
No full textOuter islands play important role to determine national boundaries. Legal status of ninety-two outer islands in Indonesia creates the basic law for Indonesia to be acknowledged as the Archipelagic State. Since the decision from International Court of Justice which won Malaysia over the Sipadan and Ligitan case on the basis of effective occupation, Indonesian people are having highly concerned on effective occupation. Effective occupation is an international law doctrine which arises from law of ancient Rome. Effective occupation is an administrative act without physical occupation. It can be applied to terra nullius territory. This paper discusses over the effective occupation in the case of Sipadan and Ligitan and the role of outer islands in the maritime diplomacy
Odious Debts: Issues in Law and Politics
No full textOdious sovereign contracts inhibit developing country growth. They cause
money and resources to be improperly transferred from one country to an
undeserving one. Think tanks and civil society actors have long suggested
that Indonesia is plagued by a sizeable odious sovereign contract account. Policy makers and scholars continue to grapple with how the odious debts doctrine may operate in law to curb this important problem. Taking into account the lack of transparency in an odious contract setting, this paper proposes a new approach premised on principles of transparency, accountability and citizen participation in public contracts. In design, it proposes the following: 1) the creation of ex-ante obligations and a public website on which financiers can disclose the key terms of their contractual arrangements with a sovereign government. This website enables a financier to signal the nature of their engagement with a sovereign counterpart; 2) the creation of an ex-post tribunal, in which private citizens have standing, to adjudicate the odiousness of a disputed sovereign contract. In the tribunal’s deliberations, disclosure by a financier and compliance with ex-ante obligations weighs in favour of a presumption of legitimate contracting, whereas non-disclosure lends itself to a presumption of odiousness. This new approach has the right incentives for participation. It will revolutionize the currency of international law and international institutions, by giving the public a mechanism to eke out odiousness in transnational sovereign dealings. It can have important implications for Indonesia and more generally, the future of transnational trade and finance
Towards a Common Agreement on Educational Cooperation on Human Rights Education in ASEAN to Promote Human Rights Awareness for the Youth
No full textThe development of human resources through closer cooperation in education and life-long learning is one of ASEAN purposes as stipulated in the Article 1 Paragraph (10) of the ASEAN Charter. In the Cha-am Hua Hin Declaration on Strengthening Cooperation on Education to Achieve an ASEAN Caring and Sharing Community, the Heads of State and Government of ASEAN agreed to give greater emphasis on the principles of democracy, respect for human rights and peace-oriented values in the school curriculum. Indeed, that is an important action to strengthen the role of education in building the ASEAN Community by 2015. One of the ASEAN’s inspirations which are represented in ASEAN’s 5-year Work Plan on Education (2010-2015) is to prepare the youth for regional leadership. Based on that background, the awareness on human rights through human rights education for the youth as ASEAN future leader is very important. This paper will discuss two main issues, which are (1) how the educational cooperation in ASEAN can promote the human rights awareness for the youth? ; and (2) how the common agreement on human rights education to guide awareness for the youth can be achieved by ASEAN member states? Related with those issues, this paper will also analyze the right to education as enshrined in ASEAN member states’ constitution and analyze the CRC and other human rights instruments. The main recommendation: the steps to achieve the common agreement on human rights education by ASEAN member states that will strengthen the ASEAN’s role in sustainable development to promote human rights in the region