Indonesian Journal of International Law
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Sovereign Rights Oveer Indonesian Natural Resources: An Archipelagic concept of Rational and Sustainable Resource Management
No full textThis article is discussing about the problems in environmental, ecology, and oceanography, and the potential of South China Sea and the seas surroundings for the development of marine research and also for the environmental in that area protection
Peninjauan Ulang Ketentuan Retaliasi sebagai Reformasi Aturan Penyelesaian Sengketa WTO
No full textRemedies system in form of suspension of concession or retaliation under current WTO rules encounters some drawbacks for developing and least developed countries. Theoretical and empirical analysis suggests that retaliation barely exercise its rataliation right as the cose exceeds the benefit. Thus, the reformation of DSU rules is crucial, especially to amend Article 22 of Dispute Settlement Understanding
Permasalahan WNI Baik TKI Maupun Non-TKI
No full textIt is commonly perceived that a State is obliged to provide protection to its citizens, especially those who are having troubles abroad. The Government of the Republic of Indonesia, through the Department of Foreign Affairs and other related Governmental Bodies, has been continuing to upgrade its policy in this field. Based on the Department’s experience, providing protection to Indonesian citizens abroad could be very complicated, especially those who are not covered by official documents. In the last two decade, Indonesia saw increasing problems that involved its citizen abroad. This trend needs a comprehensive solution. In general the cause of these problems in inept management of sending workers abroad, for example, some workers are sent abroad without understanding their contract or without proper preparation training. Consequently, these workers do not comprehend their rights. These workers are keen to be abused by the employer. Providing protection for Indonesian citizens abroad, especially workers, depends on two issues. First, the recruitment process and the procedures of sending the workers. The business does not stop by recruiting and sending the workers, but also making these workers fully aware of their rights as well as the terms and conditions of the job. Second, the domestic situation that influences the effectiveness of providing the needed protection. It needs a well-coordinated policy among related governmental bodies in Indonesia in order to provide best protection for the Indonesian workers abroad. The Indonesian representatives abroad could not execute their duty well in providing protection if the well-coordinated policy does not exist. In dealing with these problems, there are things to do. These include improving the management of employment, empowering the workers by giving proper training and informing their rights, as well as strengthening the coordination among governmental bodies related to this matter
The Principle of Balance In International Business Contract Law (In Anticipation Of The Free Trade Era)
No full textThe balance principle contains the ideal of reaching a balance. This includes the balance in a business contract or agreement where respective individual interests are guaranteed by an objective law, specifically in the law of business contracts. This principle regulates parties involved in international business contracts, such as the United Nations Convention on Contracts for the International Sale of Goods 1980, and in the founding of the World Trade Organization (WTO). In the future, the balance principle will be complementary to the law of international business contracts, while arbitration will be the medium to resolve international civil lawsuits. This article found that the application of the balance principle in the law of international business contracts refers to the principle of efficiency in economics and trade in a competitive international business community. Thus, every business
person will guard their business reputation and will consequently abide by what has been agreed upon in international business contracts so as to maintain harmony and balance
Investing and Protection of Investor in Stock Market
No full textThis paper discusses three areas, namely investment, investors’ characteristics, and a place of investment, which is stock market. In investing in stock market, investors need to utilize funds which are not currently used so they would not worry about the decrease value that may occur in a short term. Investors need to understand the risks which can be tolerated to invest. On the other hand, investors must be protected to prevent inappropriate transactions. Regulators must endorse rules regularly revised to suit the existing condition that can satisfy many parties
YO HO HO AND A BUCKET OF CASH THE NEED TO ENCHANCE REGIONAL EFFORT TO COMBAT PIRACY AND ARMED ROBBERY AGAINST SHIPS IN SOUTHEAST ASIA
Get PDFThe problem of piracy is that the world press nowadays often focuses on waters off the coast of Somalia and the Gulf of Aden. That is understandable given the recent phenomenal upsurge of piratical activities in that poverty stricken part of the world. Poverty, alongwith degradation of the rule of law, is often a catalyst for criminal acts, and if that situation occurred in maritime neighborhood, it usually takes form of piracy and armed robbery against ships. Southeast Asia is one of those places. Theprimary purpose of this essay is to examine the deficiencies of regional efforts to combat piracy and armed robbery against ships in Southeast Asia. To provide readers with an understanding of the legal difficulties involved with piracy and armed robbery in Southeast Asi
Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya dan Menjaganya?
No full textControversy always occurs in outerspace discussion where is no official definition of outerspace in any international regulations. The provisions set in Chicago Convention are also not enough to define the meaning of air space of a country and how to use it properly. Still controversy came one after another. In the absence of this provision, State often use other International Convention as an analogy to define their air territory such as UNCLOS 1982. Indonesia as an archipelagic state, who brings the issue of archipelagic state to the Third UN Conference on the Law of the Sea, has done many efforts to ensure their sovereignity over their air space. This article discusses how Indonesia protects its air territory and how far Indonesia explores and exploits benefits from its air space
The 2001 Cape Town Convention on International Interests in Mobile Equipment/the Aviation Protocol and Relevant issues in Indonesian Aviation Law
No full textThe 2001 Cape Town Convention provides a mechanism for recognizing and recording international security interest in high- value moveable equipment. However, Law No.83 of 1958 did not mention the recording of secured private rights or security interests in aircrafts. Furthermore, Law No.15 of 1992 on Airport Transportation succeeded Law No.83 of 1958 which contained some rules on secured rights in aircraft. Chapter X of the new law no 1 of 2009 on Aviation could be regarded as the implementation of the Ratified Cape Town Convention and its Protocol. Does it mean that a national interest should be registered in the International registry, even though the aircraft object is legally owned by an Indonesian seller /lessor/creditor, but beneficially owned and operated by an Indonesian airliner/lessee based on a contract governed by Indonesian Law
Democratization Process in Indonesia
No full textThe political reformation in Indonesia in 1998 has led to the amendments of the 1945 Constitution of the Republic of Indonesia that had been continually carried out into four series from 1999 until 2002. Through the amandments, the Constitution had basically amended and changed the nature and structure of Indonesia’s states institutions as well as mechanism of relationship among the state institutions