Indonesian Journal of International Law
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Standardization of Indonesia’s Islands Name as an Effort in Safeguarding the Republic of Indonesia Sovereignty
No full textIn its position as sovereign state, the possession of definite territory is a
must for Indonesia; as a consequence of its status as an archipelagic state therefore Indonesia has the responsibility in determining the border of its territory in map forms with sufficient scale in affirming its position. In the year 1987, Government of Indonesia submitted a list reporting the increasing amount of island from 13.667 to 17.508 when attending United Nations Conference on Standardization of Geographical Names (UNCSGN)
in Montreal, Canada. At that time, United Nations responded in asking Indonesian Government to submit list of the islands to United Nations. Based on December 2007 data, reported that, from 17.504 islands scattered all around, only 6900 islands has name standardization in accordance with international standard. While the rest around 10.600 islands without standardization name which internationally recognized. The paper is aimed to raise the urgency of name standardization for Indonesia’s islands in accordance with the rules of international law and the Indonesian Government’s efforts in standardizing islands names in Indonesia. It is concluded that the efforts in standardization of island names in Indonesia ought to do, so that the remaining islands that become the part of Republic of Indonesia territorial sovereignty has an international recognition. Though there are few constraints faced by the Indonesian government in conducting islands names standardization in Indonesia, such as: lack of coordination between relevant authorities, various numbers of tribes and local languages and limited funds
Harmonization of Law in ASEAN Countries towards Economic Integration
No full textSoutheast Asia is a region rooted in cultural, ethnic, geographic and developmental diversity but generally viewed as a united block. The integration among ASEAN Countries becomes an avoidable demand in facing economic globalization. ASEAN Economic integration will be formed in ASEAN economic society in 2015. The economic integration among ASEAN countries emerged two problems: first, do the ASEAN countries need harmonization of law which correlates with the economic activities? Secondly, is the harmonization of law possible? This paper explores the need and possibility to increase the integration in the form of law and regulation to harmonize regional law, to allow ASEAN countries to function cooperatively and consistently among them and with the world
Mesuji Case: Is There a Violation of Economic Rights? The Availability of Judicial Settlement Mechanism on the Violation of Economic and Social Rights in Indonesia
No full textThis article focuses on the factors triggering the Mesuji conflict and the similar cases happening in Indonesia. In addition, this paper seeks to find the available settlement alternatives which can be used to solve the conflict. The study will take a long, hard look on state practices (South Africa and India) concerning on the settlement of the economic and social (socio-economic) rights. The conclusion drawn is that a conflict involving society’s rights and interests should be solved in a comprehensive way. It cannot be solved only by litigation or non-litigation procedures. The Government should establish a policy concerning the regulation on the land expropriation. Also the government should monitor the implementation of the regulation in order to prevent from the abuses carried out by third parties (companies). Thus, the government will protect the socio-economic rights of the societ
National and International Cooperation in the Prevention and Eradication of Money laundering
No full textThe Prevention and eradication of money laundering, as part of the new paradigm in the effort to combat crimes, has its own mechanism in both national and international cooperation, particularly in relation to information exchange. The cooperation is pursuant to a Memorandum of Understanding, but can also be simply pursuant to the principle of reciprocity among parties. Once effective, this cooperation will strengthen the performance of Indonesian Financial Transaction Report and Analysis Center (INTRAC/PPATK) in performing its duties and exercising its authority as the Financial Intelligence Unit
Pengungsi dalam Kerangka Kebijakan Keimigrasian Indonesia Kini dan yang Akan Datang
No full textBeing a transtitory destination, Indonesia has been drawn into the problem of refugees. Since 1979, when Vietnam was tormented by war, up to the recent times, when tumoil and instability erupted in the Middle East and South East, thousands refugees have fled their countries and Indonesia has received the clausative predicaments of their being illegally stranded in Indonesian territory.
Indonesia is not a paty to the 1951 The UN Convention relating to the Status of Refugees and its Protocol of 1967. That being the case, Indonesia is not the legal obligations of the convention. However, Indonesia has established a strong legal basis concerning the human rights (including the aspect of asylum and refugees). Decision of the People’s Consultative Assembly TAP MOR XVII/MPR/1997 on Human Rights, Law No. 37/1999 on Foreign Relations and the Law No. 39/1999 on Human Rights. Indonesia’s handling of refugees problems is a testimary of Indonesia’s determination in upholding human rights. Therefore, an administrative circular note issued set by Director General of Immigration on 30 September 2002 on the Directions to Proceure of Handling the Self-claimed Asylum Seekers and Refugees, Indonesian immigration authority allows UNHCR and IOM to give temporary protection and facilitation by UNHCR protecting officer. The two international bodies managed to resolve refugee problems, namely managing voluntary return or resettlement to the third countries. Meanwhile, operational regulations to execute refugees and asylum seekers handling in Indonesia as prescribe in the above mentioned laws are still pending. In the future, alternatively, immigration law shall adopt the human rights values without abandoning the immigration selective policy
Hubungan Indonesia-Malaysia: Memerlukan Perspektif dan Kebijakan Baru?
No full textThe relationship between Indonesia-Malaysia in 2005 and 2006 id quite problematic concerning three main issues: illegal migrant, illegal logging, and Ambalat’s dispute. Historically, there were disputes which broke up the relationship between the two countries in 1963 until 1966. Forty years later (1996-2006), three main issues occured, which have no correlation with formerly disputes. Those issues have become significant after Indonesia entered multidimensional crisis in 1997-1999 and the effects remain. At the other side, Malaysia has reached rapid growth in economic, business, manufacture, and financial in the last past seven years. These two realities of circumstances have become Indonesia and Malaysia position background, considering their own self as the right one of the three sensitive issues. The reconstruct of a good, close, and maximal neighbourhood between the two countries is really expected. This article observes the needed of consideration from Indonesia on policy aspect and new perspective in facing pressure from Malaysia. It is obvious that those matters are the consequences for the establishment of an advantage relationship between the two countries
The Obligation Not to Pollute: From Corollary of State Sovereignty to The Right to A Decent Environment
No full textThe paper deals with the evolution of the principle of international
environmental law prohibiting the use of the territory of a State for activities which may damage the territory of another State. This principle started to develop in relation to strictly trans-boundary situations as a sort of corollary of the well-established principle of sovereignty of States over their territory.
In the last decades, international law has been increasingly faced to contexts in which pollution concerns resources over which States have no jurisdiction, such as the atmosphere. Therefore the question arises as to whether these elements - as evidence of practice and opinion juris – form the basis of a customary duty to preserve shared resources or, vice versa, if the legal problems inevitably associated with the protection of res communes omnium prevent the birth of a customary principle. A further evolution of the principle might consist in the duty not to pollute the environment in absolute terms, thus implying the prohibition, for the State, to damage its own territory.
This formulation would, contrarily to what observed with respect to the first version of the principle, contradict the dogma of national sovereignty over population and territory; still, the existence of this evolution is supported by different elements. In the first place, the existence of international instruments protecting certain resources independently from their location. Secondly, the growing presence of a human right to a decent environment in legal instruments pertaining to different subsystems of international law.
The jurisprudence of international tribunals confirms this tendency, therefore suggesting the idea of the protection of the environment per se is becoming one of the aims pursued by the international community
Counterfeiting in China: A Great Challenge in Intellectual Property Protection
No full textCounterfeiting is an increasing problem for Intellectual Property Rights (“IPR”) protection throughout the world. Counterfeiting activities are generally related to trademark infringements as the counterfeiters are trying to generate instant benefits from the established trademarks around the world by using such marks without consent. Counterfeit products manufactured in People’s Republic of China (“PRC”) might be considered as the greatest evidence of IPR law contravention. The national government has not been successful in decreasing the large number of counterfeiting cases. Therefore, in this article, the counterfeiting in the PRC will be examined initially in order to verify the fundamental concerns and the significantly influential factors in combating counterfeiting. Possible solutions are suggested and considered along with the other issues so that counterfeiting problems may gradually be reduced within the country