Indonesian Journal of International Law
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Beberapa Dasar Tentang Perbatasan Negara
Get PDFIn period of 50 years, until the event of Law of the Sea Conference, the development of law of the sea, especially in territorial matters, met its stabilization level for there is no important changing. A very substantial changing happened after World War II regarding the rights and obligations of countries relating to sea resources. There are three points of conclusion from the development of the law concerning boundaries of countries. First the legalization of archipelagic states principles: second, baseline to determine territorial sea; and the third, boundaries relating to neighboring states which is side-by-side or face-to-fac
International Efforts to Combat Corruption and States’ Concern; a Perspective toward Indonesia-Singapore Extradition Treaty after 4.5 Years of Silence
No full textThe United Nation Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) is a symbol of international community efforts in combating corruption. Most states are state parties to both convention including Indonesia and Singapore. However, domestic politics such as ratify cation by parliament has influenced states’ commitment in combating corruption. Indonesia-Singapore Extradition Treaty was signed in 2007. However, it has not entered into force yet and this is a good example on domestic politics that influences states’ policy and even states’ commitment on an international issue. This extradition treaty therefore, has no strong legal power toward
both states since both states just expressed consent to be bound and subject to ratify cation. However, both states should show good faith in continuing the treaty and become legally binding
The Optimization of Knowledge Resources through Tailor-Made Intellectual Property and Contract Law in Indonesia
No full textThis article tries to elaborate legal protection for the optimalisation of production and dissemination of sources and products of knowledge such as information, knowledge, biodiversity, genetic resources, traditional knowledge and folklore. This protection was aimed to create wider public access towards sources and products of essential knowledge particularly in the field of food, agriculture, health and education in order to ensure the living sustainability. The main issue in this article is to review the existence of exclusive rights and freedom of the contract and to elaborate the regime model of intellectual property rights and contract that is suitable to the Indonesia’s interests
Tindak Pidana Pencucian Uang
No full textMoney laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 Tahun 2003. This article will describe the implementation of international law on money laundering in the list of non-cooperatives countries and territories (NCTT)
Hukum yang Dipergunakan dalam Kontrak Dagang Internasional
No full textInternational business contract basically is an agreement between two or more parties which has certain commercial value, where there is a foreign element. Nevertheless, the party in the international business contract has to be a legal entity which has the capability to act before the law. Furthermore, drafting an international business contract should not breach the regulation that govern the parties and formal regulation as where the contract is signed and prevailed. In an international business contract, it is common to mention the dispute settlement mechanism and the choice of law which will be used if a dispute arises. The common mechanism that is used is arbitration. However, the principle of Pacta Sunt Servanda, should not put aside the prevailing laws. Even though the contract stated that the parties has chosen arbitration as the mechanism for the dispute settlement, however if a party wish to file a bankruptcy petition, it should be filed to the bankcruptcy court and use the Bankcuptcy Act
Can the Requirements of Shariah Law Regarding Criminal Punishments be interpreted in a way that is Compatible with the ICCPR and CAT?
No full textCriminal law deals with the protection of public interests and values deemed to be crucial for a particular society. In Islam, these values are ascribed to the divine commands. Thus, there will be calls from some Muslims for the implementation of Islamic criminal law by the state for they believe that this is required by Islam. Can therefore the death penalty or corporal punishments required by the Shariah law be imposed by a state while they are in conflict with the state’s obligation to comply with international human rights instruments? This paper will analyze this uneasy situation faced by some Muslim countries implementing Islamic criminal law but party to the ICCPR and CAT. It aims at verifying that an extreme universalism or cultural relativism approach regarding the validity of international human rights norms on this matter is insufficient. This is because Islamic doctrines strongly influence Muslims on this matter and failure to seriously engage them will lead to rejection of international human rights instruments which are important for protecting individual rights. This paper argues that an approach that is able to reconcile the requirements of Shariah law regarding criminal punishments and those of international human rights norms is necessary
The ASEAN Way towards Piracy Challenge
No full textPiracy is a universal crime that needs to be combated by all nations. International efforts have been done for many years in order to suppress growth of piracy for international maritime security, which resulted in provisions concerning piracy within United Nations Convention on the Law of the Sea. It refers piracy as a crime taking place on high seas. In addition, International Maritime Organization also attempts to widen the definition of piracy. Even so, tackling piracy requires more than just a commitment of international community to define the term. Efforts
must also be conducted by regional community to make them more effective, especially with their national legal instrument. Association of Southeast Asian Nations (ASEAN) as the regional organization in Southeast Asia region has sought to better cooperation among the members bringing the six behavioral principles laid in Treaty of Amity and Cooperation 1976 and also ASEAN Charter 2007 for the purpose of eliminating piracy within their region. Unfortunately, piracy is manifestly
not easy to be eradicated in reality. This paper tries to identify and analyze the challenges that underlie ASEAN efforts to solve the piracy problem within the regio
Kepentingan Pertanian Indonesia dalam Perdagangan Internasional
No full textTrade on Agriculture has been reformed since January 1995. It was a resultof Uruguay Round and staed on Agreement on Agriculture. However, its implementations have given negative aspects to developing countries. It was caused by the malfunction of specific protection mechanism. Besides, special and differential treatment, created by developed countries, is not implemented effectively. Accordingly, sector on Agriculture has been being negotiated since the Doha Round in 2001
Culture and Intellectual Property Development in Indonesia
No full textEssentially, viewed from the perspective of culture, IPR appears to be a highly embellished and colorful concept. That may be one of the reasons why the implementation of IPR protection in a plural society with diverse interests such as Indonesia invites debate and heated discussion so frequently. Given such circumstances, it would be naïve for anyone to hold on to their own perceptions on IPR without taking into account the existence of other views which are based on subjectivity. Speaking of IPR development, either from the legal, technological or from the economic aspect, IPR cannot be viewed from one single perspective. And this is exactly where the main issue arises. It is often difficult for sectors that are dealing with IPR to take an inclusive standpoint. It is in such context that the cultural study of IPR development becomes significant, both from the economic as well as from the technological point of view. IPR should not be taken out of its context, namely the society in which culture lives and develops