Indonesian Journal of International Law
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Roles of the Mutual Legal Assistances and Extradition Agreements in the Assets Recovery in Indonesia
No full textInternational agreement is a considerably important prerequisite to effectuate the recovery of assets generated by corruptive practices abroad. Mutual Legal Assistance (MLA) and Extradition is a frequently applied instrument in International law between states as the keystone of understanding for the assets recovery. There are several MLA and Extradition agreements that have been carried out by The Government of Indonesia with the other countries in the framework of asset recovery generated by the Criminal Acts particularly the corruption the corruptions however the MLA’s implementations has not been genuinely optimal, not only in extraditing the perpetrators to be and trialed in Indonesia but also the assets recovery generated from criminal acts. These have obviously indicated that the role of MLA agreement must be carefully observed in the formulation notably concerning the substances and other provisions regulating the implementation of the agreements in order to be concluded by the signing states occur of the MLA and Extradition agreements
Perspektif Transaksi E-Commerce di Era Globalisasi Perdagangan Bebas dalam Hukum Perjanjian di Indonesia
No full textIn the era of business globalization, market depends heavily in the Information Technology (IT) especially the internet which gives benefits of time efficiency to entrepreneurs. In Indonesia, however, there is no legal certainty in this matter due to pending bills in the legislative body (DPR). Further, there are many more problems related to e-commerce transactions which frequently crossing the state-borders, such as jurisdiction, choice of law and forum, validity of treaty and legal protection to the trader. This article tries to discuss and analyze those problems from the Indonesian law on agreement in order to anticipate the global business transactions through e-commerce
Human Rights in Indonesia
No full textIndonesia is the parties of international convention on human rights. Indonesia has raised the problems of human rights from its constitution, even the problem is not the main concern. Another aspect which has the important role to the protection of human rights besides the substantive law is the institution, either it is a government institution or non government institution, whose dealing with the human rights problem. The National Commission on human rights (KOMNASHAM) is the first government institution whose established for handling the problems of human rights
HaKI dan Masyarakat Lokal Indonesia
No full textThere are several substansial problems remain on intellectual property rights in the local society of Indonesia. The needed for protection of intellectual property did not come from the civil society itself but from the pressure of external factor. Intellectual Property Regime is also known as capitalistic regime and that is the problem. The protection is given to the one who own the right, not for the real author. The characteristic of intellectual property is to protect individually. In the other hand, the background of local society of Indonesia, which consists of many tribes, lived based on communalistic. The opposite of concept did not avoid Indonesia for taking a step into ratification of international instruments of intellectual property rights protection. The reason behind is the position of Indonesia as a developing country which has powerless bargaining position put side by side with developed countries. This article attempts to offer another point of view to find out what is the real matter, the root of the problems, why intellectual property regime can not be implemented well in Indonesia
The Law of Satellite Communications: Filling in the Gaps
No full textThe modern international system of information and communication requires equal development of satellite communications on both legal and technical dimensions. Lack of regulations of satellite communications and inefficiency of present international law concerning, for example, the issue of non-interference in national sovereignty of nations has caused some countries to encounter many problems in different areas such as cultural invasion and the decline of nations’ sovereignty by satellite communications. In this article, suggestions are offered concerning the
way governments and international organizations can help deal with the shortcomings related to the law of space. First, states’ responsibilities as to enacting rightful regulations of satellite communications through treaties, regional or international agreements and reconsidering present regulations of international law are discussed. Second, the prominent role of international organizations including the UN General Assembly, the UNESCO and the International Telecommunication Union and the European Union as well as satellite organizations like Intelsat, Inmarsat
and satellite regional organizations like Eutelsat, Arabsat, etc. and satellite local organizations like Insat in India and Cumsat in the United States is critically reviewed. Finally, some suggestions are offered on how to achieve parallel development of satellite communication on both technical and legal sides
The Echoes of International Human Rights Law: In Perspective of Law Enforcement Dimension to Deal with Irregular Immigrants in Indonesia
No full textInternational human rights laws in the forms of United Nations Statues,
International Conventions, Universal Declaration on Human Rights and
other international law instruments have highlighted a guarantee of
humanitarian protection which echoing human rights components without
exception inborn to human being in particular refugees as the subject of
international law. In managing minimum standard of rights and duties of a refugee and the judicial status of refugee under the protection of UNHCR and IOM humanitarian efforts within Indonesian territorial jurisdiction it is required the all of refugees and asylum seeker abide to national regulation and legislation formats while they are residing temporarily in Indonesia.
Until currently, the policies of Indonesian Government in dealing with and
handling or doing management efforts for the arrival of refugees and asylum seekers in Indonesia, have not emerged yet. Considering the challenge on how to deal with asylum seekers and refugees be categorized as irregular immigrants, this issue needs mitigation effort by formulating the Directorate General of Immigration’s policy to be more focus and comprehensive to cope with adverse negative impacts of the existence of illegal immigrants undergoing to the matters of ideology, politics, economy, social cultural extend, national security and immigration compliance
Perlindungan Warga Negara dalam Perbandingan
No full textWith the advancement of globalization, the rate of migration of people from one nations to another nations is getting higher. This might result in causing the problems for those migratingpeople in the destination countries. Most of these problems related to the violation of the destination’s state immigration rules, for example, illegal entry, forged passport, and so forth. Providing protection to its citizens who are coping with problems abroad is one of the state’s obligations. Fulfilling this specific obligation is not a simple task for states. Therefore, all states would put high priority to this duty. In dealing with this matter, most states refer to the existing international convention, such as the 1961 Vienna Convention on Diplomatic Relations, as well as the 1963 Vienna Convention on Consular Relations. However, some states need more than these international conventions to solve the problem. Some states would have a bilateral arrangement to provide protection to their own citizens. These arrangements could touch upon very specific matters to ease the potential problems. This article would describe the protection programs in Indonesia, Japan and the Philippines. In providing protection for their citizens, each country stipulates their basic policy uniquely, based on their political, economic and socio-cultural interests
The ASEAN Agreement on Trans-boundary Pollution in Relation with Indonesian Haze, Compliance in Theory and Practice
No full textThe trans-boundary pollution has become a major issue within the Association of Southeast Asian Nations (ASEAN) when the forest fi res took place in Indonesia. Indonesia’s neighboring countries had to face problems dealing with the smoke and haze that spread into their territories. ASEAN Member States’ attempts to combat the smoke and haze problem depicted on Agreement on Trans-boundary Haze Pollution
(Haze Agreement), which up to now Indonesia has been the only State that has not ratified the agreement. The reluctance of Indonesia to ratify the agreement becomes a problem to the enforcement. It is contrary to the argument that the ratification is believed to bring some benefits for Indonesia from transfer of knowledge and technology and also from research. While Haze Agreement requires cooperation among ASEAN Member States to reach the objectives of the agreement, the cooperation itself is not limited to the participation of the whole members at the same time, but also possible to conduct such cooperation in form of bilateral effort or other kind of accepted by the parties. With some flexibilities offered by the Haze Agreement, the effectiveness of the agreement does not rely only on the commitment shown by the ratification of ASEAN Member States to the agreement, but also relies on the level compliance that shown by their effort to combat the possibility of upcoming trans-boundary pollution matters within the region
Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak
No full textNationality is a basic need for everyone who lives in this world because of its effect. Nobody can live without nationality. It gives protection and certainty to fulfill the needs of human being. At implementation level, nationality can bring some rights and some obligations. To convince it will run smoothly, nationality has its own rule and principle. It is different between one country and another but the principle can be categorized into two, which are ius sanguinis or ius soli. Indonesia bases its nationality rule or ius sanguinis principle, as embodied in Law Number 62 Years 1958 on Nationality. Unfortunately, ths Law is considered inappropriate for current development, especially for women and children in the fairness to gain their nationality. This article analyzes the points that must be evaluated and fixed, also gives some recommendations how to solve the problems
Analysis Towards the Urgency of Establishing Indonesian Marine Law to Anticipate Transnational Organized Crime
No full textIndonesia is an island State that geographically consists of 70 percent of marine areas and 30 percent of the land. But there is no Indonesian marine policy, nor has any law governing marine comprehensively since ratified UNCLOS in 1982 by Law No. 17 of 1985. While the mindset of people still tend to the land. The enforcement of sovereignty and rule of law in Indonesian waters under the United Nations Convention on the Law of the Sea (UNCLOS 1982) and the regulations of Indonesia against the violations of law known as Transnational Organized Crimes has not yet been done optimally. The problem is what efforts should be made by the State to anticipate the transnational organized crime. The method used in this study is normative approach and analyzed qualitatively to produce the conclusion that efforts should be made are resulting integrated marine policy, Indonesian Marine Law, and disseminating people to change the mindset to sea.
Indonesia adalah negara kepulauan yang secara geografis terdiri dari tujuh puluh persen wilayah laut dan tiga puluh persen wilayah darat. Namun, tidak ada kebijakan yang mengatur mengenai kemaritiman di Indonesia maupun sebuah peraturan perundang-undangan yang mengatur mengenai maritim secara komprehensif sejak diratifikasinya UNCLOS 1982 dengan Undang-Undang Nomor 17 tahun 1983. Kecenderungan yang terjadi adalah kebanyakan orang terfokus pada wilayah darat. Penegakan kedaulatan dan pengaturan hukum wilayah perairan Indonesia menurut United Nations Convention on the Law of the Sea (UNCLOS 1982) dan peraturan perundang-undangan Indonesia
melawan pelanggaran hukum yang dikenal dengan Tindak Pidana Transnasional yang Terorganisir belum dilakukan secara optimal. Permasalahannya adalah langkah apa yang harus dilakukan oleh
Pemerintah untuk mengantisipasi tindak pidana transnasional yang terorganisir. Metode dalam kajian ini menggunakan pendekatan normatif dan pendekatan kualitatif untuk menghasilkan kesumpulan bahwa tindakan yang harus diambil adalah menghasilkan kebijakan maritim yang menyeluruh, Hukum Maritim Indonesia, dan mengubah persepsi masyarakat terhadap laut