Indonesian Journal of International Law
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Dapatkah Anak Indonesia Diadopsi oleh Orang Asing Ditinjau dari Aspek Hukum Perdata Internasional
No full textInternational adoption of Indonesian child is a part of International Private Law matter, such as there was a case that is done by a white person who discovered by the police while taking 9 babies (one untul three months old) in the Airport of Kemayoran, Jakarta, which is suspected as babies trafficking. Or, there was the desire to do an Indonesian child legal adoption of wealthy Singaporean couple without knowing the procedure. The member of Babies trafficking fenomenont has been increasing since the economic crisis happened in July 1997 and the globalization era of free trade, where the border among States lessen (boarderless state). Due to the International Private Law, the writer tried to elaborate whether the Indonesian Child can be adopted by foreigners. If it is possible, which law may be used? Is it The Adoptant Law or the Adoptandus Law? If the Indonesian child may be adopted by the foreigners, what are the requirements? Considering the different law systems of international adoption between States, then how is the international community fort to handle the problem? And how does Indonesia handle this International Private Law problem
Asset Recovery Principles in the United Nations Convention Against Corrution 2003 (UNCAC 2003) to Support Corruption Eradication in Indonesia
No full textIndonesia considers the problem of corruption is one issue that cannot be
handled domestically but also internationally. Based on this, international
cooperation becomes essential in preventing and combating corruption,
especially the attempt of corruptors to hide the corrupted assets through
money laundering through an effective international transfers.There is not
a small amount of public assets which had been corrupted that was stored
in financial centers in developed countries that are protected both by the
legal system as well as professionals hired by the corruptors. As such, the
determination of International society to combat corruption is implemented
through of United Nations Convention Against Corruption, 2003 (UNCAC
in 2003) received by the UN General Assembly (UN SMU) on October
31, 2003 through the UN High Resolution A/58/4. This article will discuss
about the position of Indonesia with regard to this matter
International Law on Marine Pollution from Ballast Water
No full textIntroduction of non-indigenous (alien) species in ballast water from ships
are one of the greatest threats to marine ecosystem worldwide. New
approaches to prevent and reduce the release of Alien Invasive Species
(AIS) from ballast water are under consideration nationally and internationally. Problem that arise from this kind of pollution not only has
impact on environmental, but also in some aspects like health, shipping and
biodiversity. Based on this matter, IMO as the responsible organization about marine matter, adopted a new convention namely as The International
Convention for the Control and Management of Ships’ Ballast Water and
Sediments on February 2004. The legal framework on ballast water comprises a complex of interconnected provisions
Kedudukan Hukum Internasional dalam Sistem Hukum Nasional
No full textIn every discussion regarding international law principles, the doctine of applicaion of treaties in national legal system, as usually reffered as the relaton between international law and national law, always becomes the major topic. States have its own way to determine the relation between two legal systems, as to consider which treaties would be directly applied in national legal system and which ones would need implementing regulations after its ratification
Komunitas ASEAN: Penyelesaian Sengketa dan Penegakkan Hukum
No full textASEAN will turn to an ASEAN Community by 2015. The ASEAN Community shall consist of three pillars, namely political and security cooperation, economic cooperation, and socio-cultural cooperation. It aims to deepen the ASEAN integration and to ensure durable peace, stability, and shared prosperity in the region. The ASEAN Community will also have its own legal order, which should be implemented by its member states
Perdagangan Bebas (Free Trade) dalam Perspektif Keadilan Internasional
No full textInternational trade law is to serve as an effective vehicle for the development of a truly global social and economic policy. As is seems destined to do, there must be a clearly articulated normative framework for the analysis of international trade law as a matter of justice. Due to that argument, international trade law can not be separated from international legal system which should be built under the construction of justice theory, that heavily influenced by the development of utilitarian, libertarian, international trade law should be based on the efalitarian theory that advocared by Rawls
