Indonesian Journal of International Law
Not a member yet
636 research outputs found
Sort by
Global Challenges and ASEAN: Major Politico-Legal Issues Facing East Asia
No full textEast Asia’s remarkable development and growth has had a considerable impact on the various aspects of international relations. In particular, ASEAN has played an important role in East Asia contributing to regional peace since its inception in 1967. Most East Asian nations have concentrated their national efforts on their economic development and popular welfare instead of engaging in armed conflict with their neighbor. ASEAN has thus achieved regional resilience and political influence in East Asia and beyond. Of this phenomenon, I will attempt in this article to highlight in specific terms the role ASEAN is internationally expected to play in the following four areas: 1) East Asian trade integration; 2) Prevention of global warming; 3) Trans-border movement of people including refugees; and 4) Conservation of traditional culture
Legal and Technical Issues on Designating Archipelagic Sea Lanes Passage: Indonesia Experience
No full textThe archipelagic sea lanes passage is a new regime of navigation. There is
no much provision in the LOSC2, international law, or guidance from the
international organization in how to designate an archipelagic sea lanes
passage. Indonesia experienced that there are many issues left in designating the passage such as what constitute normal routes, how to apply the ten per cent rule, how to depict the axis lines, how to treat the non designated routes, what constitute ‘normal mode’. The issues also reflected in the provisions of the Indonesian Government Regulation. Although the precise form of this new navigation system has not been fully worked out, the designation of the Indonesian archipelagic sea lanes passage brings
Indonesia one step closer to implementing its right over and accepting its
responsibilities for its archipelagic waters. The purpose of this paper is to
provide an overview of the legal and technical issues in designation of
archipelagic sea lanes passage based on the Indonesia experience
Status Hukum Perjanjian Internasional dalam Hukum Nasional RI Tinjauan dari Perspektif Praktek Indonesia
No full textIt is always interesting to compare between academic analysis and practical matter in implementing treaties in Indonesia. This article tries to overview treaties and its relevant affairs from practical perspective which of course will enrich the discussion of treaty implementation and pinpoint what aspects should be further scruitnized
Legal Analysis on Interlink between International and National Instruments Towards Woman Rights in Indonesia
No full textInternational instruments such as the Universal Declaration on Human Rights, the Internasional Covenants on Civil and Political Rights and Social and Cultural Rights, and the Convention for the Elimination of Discrimination Agaist Women (CEDAW) have led to what has been called a juridical revolution. Under these international instruments, the idea of all these rights including woman rights has been constitutionalized in almost all countries and practically all countries are now committed internationally to respect and ensure the woman rights of their citizens. In this paper international instruments relating the woman rights and their domestic enforceability are covered. Using juridical-normative approach, we discuss the domestic enforceability of international woman rights in Indonesia. The result showed that although women are guaranteed equality under Indonesian Constitution, considerable gaps exist between de jure and de facto equality for women. When there is a conflict within a monist approach, Indonesia tends to follow a doctrine of national law primate. In a case of instruments conflict between woman rights at national/local instruments and international one, then international instument is put aside
The Right to A Healthy Environment: International Law Perspective
No full textThe realization of the damaging impact toward human beings and their quality of life has increased dramatically. This awareness has followed upon very substantial degradation of the world’s environment: land, water, and air, over the past two centuries. While human activity has alaways taken a toll on the natural world, the negative impact of this activity has increased exponentially during this period. This following article describing how we as human beings have a right to live in a healthy environment from the perspective of international law
The Abuse of Guaranteed Pending Trial in the Chinese Criminal Process: A Violation of International Human Rights Law
No full textGuaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues that the Chinese authorities ought to reform guaranteed pending trial by bringing it in line with the relevant global norms. To achieve this goal, certain overseas models that have proven consistent with the international criteria of human rights protection are expected to be borrowed. It concludes that the mature western experiences are indeed of benefit to the reconstruction of the regulatory framework of guaranteed pending trial, but their embeddedness should be compatible with the Chinese legal and cultural particularities in order to maximize their adaptability. However, given the Chinese long-standing perception of denying individual human rights, the current guaranteed pending trial system may not be advanced along with the legal reforms, so a genuine bail mechanism is unlikely established in the Chinese criminal process in contemporary China