Indonesian Journal of International Law
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America Failed to Fulfill Obligations - Convention Against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment
No full textPenaatan Atas Perjanjian Multilateral di Bidang Lingkungan Hidup
No full textMultilateral treaty in environmental area is one of the international treaty that defined in Convention on the Law of the Treaties, Vienna, 1969 as an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. However, international environmental law is tending to be considered as “soft law” rather than “hard law” because its compliance approaches. This article will discuss about the compliance measure from the international point of view because international compliance is based on the balance of advantages and consequences of a state should it participate in MEAs
Open Skies Policy: The Developing Countries Point of View
No full textThe concept of open skies policy is an international policy concept which
aims to liberalize of rules and regulations on international commercial
aviation industry. For developed countries, by allowing air carriers unlimited market access to its partners’ markets and the right to fly to all intermediate and beyond points, open skies agreements provide maximum operational flexibility for airline alliances. They may have the best opportunities, as they will be able and in the best position to offer the best product to the better part of the air traffic market. On the contrary, for developing countries, open skies policy may cause more harm to the interests of airlines than bring economic gains to the countries. Further, it will lead to a domination of the international air transportation market by the biggest and most developed countries that finally it will return the situation to monopolistic system. To take care of emerging needs, it would be more appropriate to periodically renegotiate the existing bilateral agreements
State Responsibility for Environmental Protection during International Armed Conflict
No full textIn the last ten decades, many international armed conflicts have occurred
bringing not only human casualties but also deleterious environmental
damages. It is widely acknowledged that the environment is frequently both being the victim and a tool of armed conflict. Some further argue that attacking the environment, as a means of waging war, is not a new concept. These arguments show that the environment eventually plays an important role during warfare. Given these facts, the international community doubts the effectiveness of humanitarian law to prevent environmental devastation during international armed conflict. It then considers the relevance in applying peacetime obligations to protect the environment in particular to common goods and areas beyond national jurisdiction to strengthen the rules on the law of war. As damage to the environment might be unavoidable, it can be argued that reparation as the form of State responsibility of the warring parties is worth to pursuit. It is based on the fact that belligerents have international obligations to protect the environment during armed conflict that come from not only wartime but also peacetime international law. It is submitted that violations to those rules will incur international state responsibility for all of the conflicting parties. This study tries to examine the implementation of the applicable laws during armed conflict in protecting the environment. It then analyses the implementation of state responsibility for any environmental damage after the end of the hostilities. This study will only focus on international armed conflict for its relevance to the concept of state responsibility. It will examine cases of World Wars I and II, Vietnam War, Persian Gulf War, and Lebanon-Israel War. They were chosen because they represent notable example of international armed conflicts in the last century with significant environmental calamities
Indonesian Case on Illegal Migrant
No full textIndonesia has faced the problem of illegal immigrants for a long time, especially with the rise of war in other countries or other forms of oppression against a party who then makes them leave the country with the hope to live in another country better off than where they originated. The issue of "illegal migrants" itself has gained a lot of international attention as well as international talks that discussed the problem and how to overcome it. Policies and mitigation measures carried out so far can not address the problem of illegal immigration effectively, which force Government of Indonesia to accommodate those who are awaiting receipt of the status of refugees ("Refugee") and the opportunity to leave to Australia. It requires comprehensive and effective arrangements in tackling this includes identifying relevant agencies that should cooperate in the supervision and law enforcement actio
Wilayah Udara Negara (State Air Territory) Ditinjau dari Segi Hukum Internasional dan Nasional Indonesia
No full textThe status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it does not state “air space” which is not less importance that “land and waters”. It must be a serious consideration for the coming amendment of the Constitution
Plagiat dan Pembajakan sebagai Pelanggaran Hukum Hak Cipta
No full textFor the last two decades, Indonesia has been participating in several international conventions, in the field of intellectual property protection. Two of the intellectual property infringements are plagiarism and piracy of protected works. A person doing an act of offering or presenting as one’s own the work of another, wholly or partly, in a more or less altered form or context is called plagiarsm. Plagiarism is an infringement in the case of works protected by copyright law. Plagiarism is not the only infringement of copyright law, as piracy in the fields of copyright and neighboring rights, but also considered as unlawful and against the law of copyright
Perlindungan atas Merk Terkenal
No full textThe function of a mark is not only distinguish a product from another product, but also to be priceless asset for a company, especially for a well-known mark. What is still being debated today is the definition of a well-known mark. The measure to be used is still unclear. The government really needs to be pushed to immediately issue a Government Regulation regarding well-known mark. This Government Regulation on well-known marks will not only become a proof of the government’s seriousness in protecting the owner of intellectual property rights, but it will also be regarded as the government’s effort to create a conducive condition for business actors to run their business in Indonesia
The Obligation to Ensure the Conformity of International Treaties with the Constitution
No full textEver since its Independence, Indonesia has acceded to numerous international treaties. Indonesia’s accessions to international treaties are done by signature, and there are treaties which undergo a ratification process legalised by a Law (Undang-undang) or a Presidential Regulation (Peraturan Presiden). This article will review the various aspects related to the need of ensuring the conformity of international treaties with Indonesia’s 1945 Consitution. Firstly, this paper will discuss why the conformity of international treaties acceded by Indonesia with Indonesia’s 1945 Constitution needs to be ensured. Discussed next is Indonesia’s practice in acceding to international treaties. Then, the paper will consider the possibility of instruments of ratifications both in the form of Law and Presidential Regulation being judicially reviewed by the Constitutional Court or the Supreme Court and its implications. Lastly, this paper will elaborate the steps Indonesia must take in the future. In practice, there are no actual process to ensure the conformity between an international treaty and the Constitution. The government should review every international treaty that would be acceded by Indonesia so that its conformity with the Constitution is ensured
Millenium Development Goal (MDG) and National Development Program in Indonesia
No full textThe adoption of the Millenium Development Goals (MDG) in the Millenium Summit in 2000 by all 189 member of the UN General Assembly was a defining moment for global cooperation in the 21st century. The MDG is global framework to face the challanges regarding human resources development in the world. In the Indonesian context, the question is: “do targets and indicators contained in MDG have accorded with domestic values ?” the question is relevant because the MDG will never be achieved if the MDG does not accomodate local values. Localization of the MDG must be first step to take in achieving MDG for each country. Refer to the recent condition in Indonesia, there are several problems in achieving MDG targets such as: (i) quality of human resources, (ii) infrastructure, (iii) implementation of the decentralization, (iv) slow economy recovery, (v) law enforcement, and (vi) existence of several conflict regions. Based on those conditions, achieving the targets and indicators of MDG in Indonesia is not easy. Collective effort involving international community like donors and national community like civil society, business or private sector and universities is a must