Indonesian Journal of International Law
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Lesson Learned for ASEAN from the Integration of Human Rights in the European Union (The EU)
No full textHuman rights are one of the EU’s tools to integrate its member states as well as its citizens. The integration of human rights into EU law and policy build the concept of “the new EU” which is to establish “economic space” together with the space of liberty, justice and security which is implemented in the third pillar of the Maastricht Treaty .EU experience shows that the integration of human rights into their law and policy not only enhance the protection of human rights and democratic legitimacy but also economic, social welfare and peaceful life. Integration of human rights demonstrates the possibility of a plural nation which have a background of century-old conflicts to become one strong institution.
The EU and ASEAN follow a similar path of regional integration. The success of the EU integration includes human rights integration and has made the EU a model for ASEAN integration. Despite, their differences, the ASEAN can learn the positive contribution of integrating human rights in the EU as the ASEAN is moving from economic cooperation to other related areas including human rights through ASEAN Community in 2015
Catatan Tentang Konvensi PBB Tahun 1990 Mengenai Perlindungan Hak Semua Buruh Migran dan Anggota Keluarganya
No full textTanggung Jawab dan Peranan Dewan Keamanan Perserikatan Bangsa-Bangsa dalam Memelihara Perdamaian dan Keamanan Internasional
No full textThe main aim of the establishment of the United Nations is to maintain international peace and security based on the experiences of the First and Second World War, which being sorrow to mankind. The changing of the political map after Second World War and cold war; the making and trading modern weapons affect the United Nations responsibility. There was a critism, that the United Nations Security Council has not done yet its main tasks i.e. the maintenance of international peace and security. Thus, in this article, the writer wants to describe: the development of the stricture of the United Nations Security Council membership; the voting procedure; the functions and its authority; the role of the Security Council; the challenges and its responsibility
International Cooperation On Combating Human Trafficking Especially Women And Children: A View from Indonesia
Get PDFSaat ini kejahatan transnasional terorganisir berkembang sangat pesat disebabkan adanya liberalisasi perdangangan, perkembangan teknologi komunikasi yang menakjubkan, dan tekanan dari penegakan hukum yang semakin membaik hampir di seluruh negara. Salah satu kejahatan besar yang perlu mendapat perhatian adalah perdagangan manusia, khususnya wanita dan anak-anak. Untuk menangani jenis kejahatan ini, cara yang paling efektif adalah dengan melakukan kerjasama internasional. Hal inilah yang mendorong dihasilkannya United Nations Convention against Transnational Organized Crime (Konvensi Palermo) beserta ketiga protokolnya yang menyatakan dengan tegas beberapa kejahatan sebagai kejahatan transnasional. Namun tidak dapat dipungkiri, dalam kerja sama internasional yang telah terjalin, terbentar pada beberapa permasalahan disamping ditemukan beberapa kemungkinan yang perlu dijajaki untuk menangani kejahatan ini. Indonesia sebagai salah satu negara yang telah menandatangani Konvensi Palermo dan protokolnya tengah mempersiapkan instrumene rancangan ratifikasi. Sejauh ini, di Indonesia terdapat beberapa kasus perdagangan wanita dan anak-anak yang berhasil digagalkan dan diproses hingga ke pengadilan
Pelarangan Submarine Tailing Disposal di Berbagai Negara Serta Aksi Hukum yang Dapat Dilakukan
No full textSubmarine Tailing Disposal (STD) is waste disposal activity to the sea through pipelines. Recently, the documentation system becomes the main problem of STD implementation. It is very weak so it can not cover the unpredicted effect to marine environment and the possibility of STD implementation’s failure. In United States, prohibition of STD is regulated in Clean Water Act. It requires 2 (two) important matters that are implementation of the Best Available Technology (BAT) and New Source Performance Standard (NSPS). While Canada regulate it i Canadaian Federal Metal Mining Liquid Effluent Regulation (MMLER) and Canada’s Fisheries Act. Indonesia itself doesn’t have special regulation to prohibit STD. That is why Indonesia need to have a clear and strict regulation about STD. This article tries to describe the importance pf the regulation that prohibit STD
Aspek Hukum Masalah Pengungsi Internasional
No full textUnder international law, a State may refuse to accord entry permit to its territory for aliens. However, there is always a possibility that under certain circumstances an alien enters a State without having any permit as it is in the case of refugee. Refugees have the right to be given protection as attached to their refugee status. The refugee rights for protection by the host state is included in various regional and international treaties such as Conventin relating the Status of Refugee 1951 and Protocol relating the Status of Refugee 1967. In reality, the refugee problem is more complex as it relates to legal issues such as those in regard to asylum seeker, stateless persons, illegal immigrant, and extradition. In many cases, there are difficult problems in deciding whether or not an individual or a group of aliens to be given the refugee status. In an effort to solve the refugee problems around the world, the United Nations established the United Nations High Commissioner for Refugee (UNHCR). The following article describes comprehensively the refugee problems faced the international community
Kejahatan Korporasi Suatu Fenomena Lama Dalam Bentuk Baru
Get PDFThe economic crisis in 1997 has confirmed the Indonesian society that white collar criminality also exist in their country. The failure to bring the corporate criminals to court was caused by the difficult of the Indonesian justice system to accept that corporations can also be held accountable under the Indonesian criminal law. On the other hand, legislature has accepted that corporations (as juristic persons) can be held liable, beside the managers (as natural persons). Since 1995, law no. 7 on economic crimes also include juristic persons as subjects of the law. This has been followed by the legislature in 1963 (law on subversion), 1976 (law on drug abuse) and 1997 (law on the environment). In 1993 a draft of the newPenal Code for Indonesia was submitted to the Minister of Justice. No step have been taken yet to implement the code, which in article 44 explicitly states that corporations can be held responsible for criminal acts. With respect to a law enforcement strategy against corporate crimes, the author wishes to distinguish between organized crimes and crimes by organizations. Both can be done by or through corporation
Production Sharing Contract: Is It Within Private or Public Domain?
No full textInvestment is always requires government attention including on the oil sector. Production Sharing Contract (PSC) is an agreement constitutes the regime of utilizing the interest of state is constitutionally used to the greatest possible extent for the prosperity of the people. PSC is part of Foreign Direct Investment (FDI) since it involves the private equity of foreign investors. Thus, PSC in one hand is a private contract and it belongs to the private domain, in the other hand, state as the owner of natural resources is act as a party in this business transaction. This paper discusses Production Sharing Contract, whether it is in private or public domain
