Indonesian Journal of International Law
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Indonesia’s National Policy on Offshore Mineral Resources: Some Legal Issues
No full textThere are many legal issues arising from the field offshore mineral resources activities, one of them is about the ownership of the resources and the right to explore and exploit. This article discusses the historical background of the law governing offshore resources in Indonesia and then completed by thecurrent development of this field.Banyak permasalahan hukum yang menyangkut kegiatan pemanfaatan sumber daya alam lepas pantai, salah satunya adalah masalah kepemilikan dari sumber daya tersebut. Tulisan ini menyoroti sejarah perkembangan dari hukum yang mengatur sumber daya lepas pantai dan kemudian dilengkapi dengan perkembangan terbarunya
Fundamental Changes of International Economic Law: Challenges toward Legal System based on Fairness and Human Values
No full textEconomic globalization supported by the latest technology information and communication has brought major influence in the structure and substance of international law development. Such globalization leads to market integration, transportation system, and communication, which makes possible to companies, states, and individual to reach the world. This article explains on the fundamental challenges of international economic law to legal system based on fairness and human values
Paradigm Shift in the Implementation of the Law of the Sea in Indonesia
No full textIndonesia has experienced four times paradigm shift in the implementation of the law of the sea since it declared its archipelagic state principle in 1957 through the 1957 Djuanda declaration up to now. The shifting of paradigms can be viewed as a progressive development on the implementation of the law of the sea in Indonesia. The first paradigm was ocean space paradigm which was clearly shown in the 1957 Djuanda declaration and along the way of the diplomacy efforts of Indonesia in the first (1958), the second (1960) and the third (1982) UNCLOS. The first paradigm showed how Indonesian people viewed ocean space of Indonesian archipelago as an integral part of national territory of Indonesia. The ocean space of Indonesian archipelago, however, should be filled with development activities as the implementation of the law of the sea. This has raised ocean development paradigm in 1985 as the second paradigm. Problems and constraints of ocean development faced by government of Indonesia which consists of central government, provincial government, regency government and municipal government have led to the maritime continent paradigm as the third paradigm in 1990s. The third paradigm viewed the ocean and land space of Indonesian archipelago as a continent. By thinking so, maritime jurisdictional problems raised by the involvement of central, provincial, regency and municipal governments in Indonesia’s ocean development will be able to be solved. As a matter of fact, the appearance of the third paradigm has complicated efforts of government in socializing the implementation of the law of the sea to all government levels and to Indonesian people. For this reason, government of Indonesia in the year of 2000 formulated national ocean policy. This policy combined ocean space, ocean development and maritime continent paradigms which can be viewed as the fourth paradigm. The fourth paradigm then can be named as ocean policy paradigm
Karakteristik Tindak Pidana dalam Statuta ICC dan Dampak Pembentukan Pengadilan Pidana Internasional (ICC) terhadap Perkembangan Hukum Pidana
No full textInternational community has emphasized their commitment to combat “the most serious crime of the concerns to the international regarding the nature and the characteristic of such crimes that are often misunderstood amongst the professionals in Indonesian criminal law. Those differences lead to subsequent conquences on state’s criminal jurisdiction, particularly after considering the trans-boundary nature of such crime. The establishment of the International Criminal Court has created a new legal institution in international criminal law. It has reflected a significant change of criminal law that have been recognized since the 18th century
International Trade Indicators, 2003: Indonesia
No full textBeing obsessed by the desire and willingness to implement liberal economic system for more than thirty years under dictator leaders, the national regulations in Indonesia have led toward the liberalization on trade by its executive and legislative bodies. Those kind of actions are a prove that the government is not aware with the way of living of Indonesian people, which is based on spiritual values. There is a huge gap between the legal system order and regulations with the culture of Indonesian people, and it would lead to the growth of corruption, collusion, and nepotism (KKN) in many sectors of living and endless multidimensional crisis in Indonesia
Penegakan Hukum dalam Kajian Law and Development: Problem dan Fundamen bagi Solusi di Indonesia
No full textLaw enforcement holds an important role in Indonesian legal system. How strict the law is enforced will determine the existence of the law itself. Problems in law enforcement are multidimensional, vary interconnected, and have been abandoned ofr quite some time without any serious efforts to solve it. Those problems are the legislative drafting process, victory minded society instead of justice, money talks, law enforcement as political ride, discrimination, low quality and integrity of the human resources, nepotism and collusion, limited budget, and the interference of the media. This article gives an out which is a foundation of the reformation of the law enforcement with hope this solution can be comprehensive and not just temporary
Belajar dari Kegalalan Politik Pengelolaan SDA Orde Baru: Studi Kasus Kalimantan Timur
No full textThe province of East Kalimantan has the largers tropical forests in Indonesia. throughout the era of the New Order government under President Soeharto the natural resources especially tropical forests were sistematically exploited without any serious effort on the part of the government and private companies to take care of the social and environmental aspect of such exploitation. As a result, severe environmental degradation took place and the local people in the country side lost their sources of livelihood. In the midst of the presence of multinational corporations and private forest concessionaires ironically there were enclaves of poverty. In this area of regional autonomy there is much doubt that the situation could get better as local government authorities tend to repeat past mistakes and they are unable to control the existance practice of illegal logging. This writing will propose some policy suggestions that might be helpful for promoting the principles of sustainable development and putting an end to the phenomenon of “the tragedy of the commons”