Indonesian Journal of International Law
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Kebutuhan Perangkat Hukum Nasional dan Internasional dalam Rangka Penataan Dirgantara Nasional
No full textThe need of space strategy, whether in land, in territorial water, in air or outer space, oftentimes oppose against commercial and academic need. In the other hand, also happened opposition among the need of sovereignty of international regime and territorial, which want the existence of an international rule, which specify delimitation between National and International space. The need of strategy National and sovereignty is a maximum height of national air. On the contrary, the need of international society is a rule of law which limit the minimum of the National Air Space broadness. In the end, sovereignty demand to Space prohibited by Article II Space Treaty 1967. However, state have jurisdiction to ship, airplane, installations, spaceship, which beyond its region, in international region, when the appliances have mentioned state nationality (based on Lotus Case 1926)
"The Vienna Convention on the Law of Treaties between States and International Organizations of 1986"
No full textThe Role of NGOs in Giving Assistance for Externaland Internal Refugees as a Boundary Violation of a Sovereign State
No full textAn NGO (Non-Governmental Organization) is a legally constituted organization created by natural or legal persons that operates independently from any form of government, thus is a humanity-value-based organization that provides assistance in a form of charities and voluntary services. These kinds of assistance are much-needed relief for refugees in the countries of armed conflict or not. The most important source of protection for external refugees is Refugees Law while the internal refugees are protected by the National Law. The study presented in this paper is limited to assistance provided by NGOs to external and internal refugees in a country that is not in situations of armed conflict. These limits are given to address whether the role of NGOs providing assistance to refugees can be categorized as a violation of the limit state sovereignty. This level of understanding in the area of theoretical but can be implemented to legitimate the role of NGOs
Piracy in South East Asia: Indonesian & Regional Responses
Get PDFPiracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding combating the piracy has its own problems concerning human resources, financial resources, and facility which caused aggravation the problem of law enforcement at sea of Indonesia. Furthermore, it would cause western waters in Indonesia as basis of activity on piracy, such as Melaca Strait, Singapore Strait, Karimata Strait and South China Sea
Indonesian Labor Reform Since 1998
No full textThe development of labor law in the world essentially influenced by the newest models in industrial relations in each county. In general, there are two models, Corporatist Model/Regulatory Model and Contractual Model. The first model frequently meets in the countries whose use the civil law like France, Netherlands, Germany, and Indonesia, while the second model frequently meet in common law countries like the United States of America’s, England, Australia, and Malaysia. Based on the two theories above, this article will discuss how the development of the reformation of labor law in Indonesia especially since the reformatioan in 1998
Reformasi Perserikatan Bangsa-Bangsa (Beberapa Usaha Indonesia)
No full textUnited Nations, as the biggest international organization, is in the middle of doing internal reformation regarding the structure enlargement of the Security Council. Indonesia, as the biggest moderate Moslem country in the world is proposed itself to be seated as one of the permanent member of the Security Council. It is expected that this movement will influence the development of international law either directly or indirectly. This article contains a discussion about the writer’s experiences during his appointments as the representative of Indonesian government in several experiences during his appointments as the representative of Indonesian government in several international conferences concering human rights and use of the rule of law to keep the world peace and secuity. The discussion has given a better picture of strong background of the Indonesian role and participation in peace keeping and in guarding the world law order
Geographical Indications under International Intellectual Property Law: An Indonesian Perspective
No full textThere are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi Gayo, being registered overseas as trade mark by foreign companies. Consequently, local farmers are prevented from exporting their traditional products using their own local name. In the context of international economic law, this paper is aimed at discussing three related issues, namely, what are the remedies available to Indonesia under international law to protect its GI products from misappropriation; second, to what extent can these legal remedies
be expected to be effective in resolving the issue; and third, to what extent would signing the Lisbon and/or Madrid Agreement benefit Indonesia in the form of greater international protection of its GI products
Criminalization of the Smuggling of Migrants in Accordance with the United Nations Convention against Transnational Organized Crime and Protocol Against the Smuggling of Migrants by Land, Sea and Air
No full textSmuggling of Migrants is categorized into Transnational Organized Crime due to its nature that involves more than one actor and crossing state borders. To overcome this problem, United Nations creates United Nations Convention against Transnational Organized Crimes followed by the Protocol against the Smuggling of Migrants by Land, Sea, and Air. This essay discusses about the development of the migrants smuggling as a form of transnational organized crime, the implementation of the provision of the UN Convention against Transnational Organized Crime and Protocol against the Smuggling of Migrants by Land, Sea, and Air in Indonesia, UK, and Australia and the enforcement of these provision to several illegal migrants cases.
Penyelundupan migran dikategorikan sebagai salah satu tindak pidana transnasional yang terorganisir terkait dengan sifatnya yang meliputi lebih dari satu pelaku dan melintasi batas negara. Untuk menanggulangi permasalahan ini, Perserikatan Bangsa-Bangsa mengeluarkan United Nations Convention against Transnational Organized Crimes (Konvensi Menentang Tindak Pidana Transnasional yang Terorganisir) yang diikuti dengan pembentukan the Protocol against the Smuggling of Migrants by Land, Sea, and Air (Protokol Menanggulangi Penyelundupan Migran melalui Darat, Laut, dan Udara). Tulisan ini membahas mengenai perkembangan penyelundupan migran sebagai bentuk dari tindak pidana transnasional yang terorganisir, penerapan ketentuan Konvensi Perserikatan Bangsa-Bangsa menentang Tindak Pidana Transnasional yang Terorganisir dan Protokol Menanggulangi Penyelundupan Migran Melalui Darat, Laut, dan Udara di Indonesia, Inggris, dan Australia serta penegakan beberapa ketentuan hukum di dalam konvensi tersebut terhadap beberapa kasus migran ilegal
Aborsi dalam Perspektif Hukum Islam
No full textIslam is a religion that has its own law, which is known as an Islamic Law, which has five main aims. And, one of the five main aims is to save and protect the soul of human from any threats, which means to protect the existence of human beings’ lige and the Moslem community. To concrete it, Islam stated the Law for abortion, Qisas and Diyat. This is a sign of the Islamic Law fort to protect the human life. Considering the complicated problem of baortion thus in this article will be explained the views of Islamic Law on abortio