Indonesian Journal of International Law
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The Prospect of Integration through Incomplete Contract
No full textLaw and economics (L&E) as an interdisciplinary tool bridges the realms of analytical economics and law. Albeit widely accepted as theoretically separate, the construction of international public law treaties could be paralleled at a structural formative level with private contracts. Incomplete contracting as a branch of contractual L&E permits to comprehend the dynamics of drafting an economically efficient contract and hence also international treaties. Incomplete contracting analysis hereby would be applied to the development of the Association of Southeast Asian Nations (ASEAN) regarding cooperation and the possibility of future integration from a contractual standpoint
Kebijakan Penanganan Internally Displaced Persons (IDPs) di Indonesia dan Dunia Internasional
No full textIn Indonesia, the concept of Internally Displaced Persons (IDPs) has not obvious enough and become the basis of thought yet. It can be seen from the regulation that regulate the IDPs which none of those regulations uses IDPs terminology. Another provides evidence is no regulation in act level regarding IDPs. The best regulation regarding IDPs in Indonesia is Presidential Decree Number 3 year 2001. The consequence of this condition, IDPs problems could not handle properly. Contrary condition with International, there are several instruments can be apply to resolve the IDPs problem such as the 1951 Refugee Convention, the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War, The Second Additional Protocol 1977. The protection of victims of non-international armed conflicts, and The Guiding Principles on Internal Displacement (Guiding Principles). International bodies dealing with IDPs, like UNHCR could not directly access IDPs in Indonesia because of state sovereignty. This article is trying to provide the big picture of IDPs condition and the policy in Indonesia relating to the international law
Beberapa Catatan atas Permasalahan Treaty di Indonesia
No full textIt is always interesting to analyze how a state treats a treaty which has been ratified in its own national legal system. Recently there was a seminat organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia. This article tries to answer certain important questions arising in the practives of Indonesian government toward application of treaties, including those issues relating to the Law No.24 Year 2000 on Treaties, as provided in the Term of Reference (TOR) of the Seminar [Editorial Note
United Nations Reform: Success and Failure
No full textThe United Nations reformation, For the first time, is handled comprehensively on World Leaders Summit on 14-16 September 2005. The World Leader Summit will consider UN reform and review progress of the Millenium Development Goal’s adopted by the United Nations in 2000. The World Summit established an outcome document named as “2000 World Summit Outcome”, and contains some of the important issues such as development, peace and collective security, use of force under the Charter and collective military action authorized by the Security Council, terrorism, peacebuilding commission, human rights, responsibility to protect, reformation of General Assembly, Security Council, Economic and Social Council, establishment of Human Rights Council, Secretariat and amendment of United Nations Charter.The leader failed to agree on the expansion of the Security Council membership, no agreement on the issue of non-proliferation of weapons of mass destruction and disarmament. They have failed to reach agreement on a total commitment from developed countries to achieve the target 0.7 per cent of GNP for official development assistance by 2015. However these failures is related to political reality in international community
The Refoulement Principle and Its Relevance in the International Law System
No full textThe principle of Non-Refoulement is a concept that is very well known in the framework of international protection applicable to refugees and or asylum seekers. Non Refoulement is a concept in which State shall not expel or return (“refouler”) a refugee or asylum seeker in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. The principle of Non Refoulement is generally relevant to the protection of human rights, especially in relation with the freedom of torture or cruel, inhuman or degrading treatment or punishment. In the context of international refugee law, the principle of Non Refoulement is a fundamental concept and considered as the back-bone of the whole frameworks of international protection for refugee and asylum seeker. This article discussed three aspects relevant to the principle of Non Refoulement, namely : the existence of such a principle in the existing international legalsystem, the character of the principle of Non Refoulement as Jus Cogens, and the condition of which the benefit of such a principle may not be applied. It is obvious that the principle of Non- Refoulement has been accepted by international community as explicitly established in international legal instruments and consistently implemented in the practice of State and the relevant international organisations. Such a principle is accepted by international community and gained ground as Jus Cogens in the international legal system, consequently States individually or collectively shall not derogate in a manner whatsoever, otherwise it is modified by a subsequent norm of general international law having the same character.However, should there are reasonable grounds, the benefit of the present principle may not be granted to a refugee
Piagam ASEAN, Legalitas Tonggak Baru, Menuju Integrasi Regional
No full textThe ASEAN Charter which was ratified on December 15, 2008 has drawn various reactions from The regional community. This writing seeks to evaluate upon what are the Charter’s strength and weakness. The Charter is indeed not a tool which can directly solve the regional problems, yet at least now Southeast Asiab owns its set of mechanism which shall bind its members legally and can be used to create regionally formal rules. The Issues and challenges which the Carter seeks to solve includes: democratization, human rights and the ASEAN single market of 2015. The diversifying socio cultural aspects as well as other issues remain as challenges in creating a common perception and recommendation for the three issues. Therefore, despite of its ratification, the ASEAN Charter must undertake a difficult test
Suatu Tanggapan Terhadap Rencana Aksi Internasional Untuk Pencegahan, Penghambatan dan Penghapusan Kegiatan Penangkapan Ikan yang Melanggar Hukum, Tidak Dilaporkan dan Tidak Diatur
No full textLor- ARC (Indian Ocean Rim-Association for Regional Cooperation)
No full textIOR-ARC (Indian Ocean Rim-Association for Regional Cooperation) is one of the Indian Ocean regional organisation in the field of scientific research, fisheries management, mareculture, and trade. Indonesia, on second phase, has become the member of IOR-ARC. Philosophically, it have been repeatedly Indonesia stated that it is important to develop cooperation between coastal states on Indian Ocean. Unfortunately, this statement did not being responded effectively by the government as if there were no political will from the government. The other problem is that Indonesia government is very slow in developing effective and efficient institutional mechanism