Indonesian Journal of International Law
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Basic Concept of Positivism in the Development of Legal Studies
No full textLegal norms governing a social system are known as the legal system, which
function as guidelines for the creation of rules for community members. A
legal system comprises norms (principles) serving as guidance (reference),
either individually or in groups, which include command (compulsion) and
restrictions (regulation) as well as sanctions. Command and restrictions
are construed as the materialization of the agreement made in regulating
interactions, which can be used as comprehensive guidelines in the social
system. Whereas sanctions are intended as retribution (punishment) for any
person (group) who fails to abide by (comply with) the rules. Retributions
as the consequences of the agreement on a legal system as well as sanctions provided for in the legal system constitute psychological motivation for taking or refraining from taking action
The ASEAN Secretariat and Legal Issues Arising From ASEAN Charter
No full textThere are three major issues embodied in the new ASEAN Charter. They are. Legal personality of ASEAN, previlages and immunities and dispute settlement mechanism. This article elaborates recent development of those three legal issues, as new legal tasks that ASEAN Secretariat has to carry out as the ASEAN Charter start to be entry into force. Nonetheless, ASEAN Secretariat faces many obstacles ahead particularly in building its human resources and seeking of the legal experts to carry the tasks which must be undertaken by the ASEAN Secretariat
Workers’ Rights According to Islamic Law Perspective (The Principle of Mudharabah) That Can Be Applied In Trade and Investment Agreements
No full textThe practice of Foreign Direct Investment (FDI) in developing countries often cause the labor problems, such as the labor on strike demanding higher wages or the severance pay as the results of the “down-sizing” whose made changes etc. In the country who has inadequate labors regulation or even does not have a strong labors union, it is difficult to enforce the rights of the labors. With the extreme separation position system between the labors and the employer, the problem is always decreasing, so the concept of alternative working relationship to solve this problem. The mudharabah principle in working agreement may be the way to solve the problem. That principle puts the labor and the employer to the same position, so the worker can develop their self to be productive and will gain the the profit for the company and also increase the labors income. In that principle, the company does not need “downsizing” or facing the labors “strikes” or “layoffs”, because the labor welfares can directly obtain from the hard work for the company. Besides the welfare for the labors, this concept is also can attract the foreign investment in our country
The Role of Law in Labor Field in the Globalization Era
No full textIn the free market era, Indonesia (as a developing country, which has dependency to foreign investment) is under pressured by foreign investor including in the matters of regulation in the labor field. The pressing is done through the relation between standardization and international trade, which is called social clause, the place where we can dismiss the developing country’s chance to use low wages rules and soft law enforcement as cooperative advantages which at last eliminate the advanteages from international trade. Indonesia has to find out the way to solve the two big problems. First, how to make all the parties have same position in the production process for achievement of company progress and second, how to create harmonization of law in labor field between ASEAN member countries in the globalization era for preventing company relocation among ASEAN member countries themselves
Perspectives on Enhancing Safety and Security in Indonesian Waters
No full textThe Indonesian waters are for world seaborne trade, naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters
Indonesia Dalam Kerjasama Perikanan Tangkap Regional: tinjauan Aspek Dasar Kesiapan dan Implementasinya Dewasa Ini
No full textBeing strategically located between the Indian and the Pacific Ocean, Indonesia is richly endowed by natural resources. Those resources especially fish attracts neighboring states as well as distant-fishing vessels to come and exploit it. With the sovereign rights provided by the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982). Indonesia has the obligation to sustainably manage fisheries resources within its Exclusive Economic Zone (EEZ). On the other hand, the very same convention stipulated that in managing the resources sustainably, the coastal state and competent international organizations, whether sub regional, regional or global shall cooperate to this end.
This paper describes the state of readiness of the Government of Indonesia, notably the Ministry of Marine Affairs and Fisheries to face the challenge of global cooperation. Certain aspects have been observed which include status of data and information, existing maritime boundary lines, complicity of national law and regulation, preparedness of law enforcement and diplomation savvy. Indonesian stance on several international conventions was also discussed. Furthermore, the paper depicts current practice of the Government of Indonesia in dealing with parties interested in its resources
Sekuritasasi dan Upaya Peningkatan Perlindungan Terhadap Tenaga Kerja Indonesia di Malaysia
No full textThis article discuss about Indonesian worker in Malaysia, with point of view Malaysian and Indonesian government perspective in handling Indonesian illegal workers. In science context, problem about immigrant workers flipped away an issue about human security that have been one of the most important thing in international relations
TRIPs and Developing Countries
No full textThe World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer of technology, as one of the basic principles of TRIPs. This due to the fact that investors which have grown in numbers in developed countries need protection for their inventions, which if noted, are enjoyed by the global society. On the other hand, the potential fore creativity in the field of technology in developing countries is very low. It is expected that all member states the investment sector will be greatly accelerated in the developing countries, which is very much needed