Indonesian Journal of International Law
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Catatan atas Masalah Aktual Perjanjian Internasional
No full textThe matter of treaty is always be interesting to discuss, especially when it somes to the question whether a state will regard a treaty which has been ratified as a part of national law that could be directly executed or not. Many opinions from various experts have been spelt out in different media. This article will discuss various aspects of treaty especially in Indonesian legal system, which was previously presented in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia
Bilateral Cooperation between Indonesia and Malaysia in Combating Transnational Crime
No full textThis paper us discuss that bilateral cooperation between Indonesia and Malaysia in combating transnational crime or trans-border crime. First of all, it should be based on understanding the root of the problem in trans-border crime problems. Furthermore, the effective bilateral cooperation can occur when notice the same aspects in the definition of the crime, the existence of law, the recognition of the evidence, extradition agreement, and the network information between the states
The Urgency of Refugee Legislation in Indonesia and the Present Obstacles
No full textThroughout the world and over the centuries, societies have welcomed frightened, weary foreigners, the victims of persecution and violence in their place of habitual residence. Basically every State has the responsibility of protecting refugees and asylum seekers within its teritory. Protection of refugees and asylum seekers is a classical issue in International Law. Nowadays more than 140 States have adopted International Instruments of Refugee Law. Eventhough the right to seek asylum has been enshrined in the Indonesian Consitution and the Human Rights Act ; up to nowadays Indonesia has not adopted any International Instrument of Refugee Law and has no national operative legislation dealing with the protection of refugee and asylum seeker. The objective of this paper was to discuss the urgency and the stumbling blocks of incorporating International Instruments of Refugee Law into the Indonesian Law. It should be born in mind that a national legislation concerning the protection of refugees and asylum seekers indicate commitment of a State to the protection of refugees and asylum seekers indicate commitement of a State to the protection and promotion of Human Rights in general. An incorporation of refugee law into the Indonesian Legal System would fill the gap concerning the unavailability of operational legal instrument dealing with refugee and asylum seeker in Indonesia
Hubungan Indonesia – Amerika yang Tidak Mudah
No full textIn this era of Globalization relation among states have become much more important than before. No nation can afford to isolate itself without harming its national interests. Among the relations of Indonesia with many nations in the world, relation with the US definitely belongs to the most important ones, many factors are bringing about this necessity, in particular geostrategic factors. However, Indonesia-US relations have never been an easy matter, ever since the proclamation of the Republic Indonesia in 1945. The US wants to influence developments in Indonesia, aiming to bring it on its side. Indonesia-US relations imporved in 1965 when Indonesia defeated a communist coup and terminated the existence of the Indonesian Communist Party PKI which was the largest communist party in the world putside the communist bloc. Closer relations between Indonesia and the US started to flourish, enabling Indonesia to start economic developments, although without leaving its non-alignment policy. An important development affected Indonesia-US relations when the US on September 11, 2001 had experience a terrorist attack on the World Trade Center in New York and the Pentagon by a Muslim group calling itself Al Qaeda under the leadership of Osama bin Laden. Improvement of Indonesia-US relations very much depends on the establishment of an effective and stable governent in Indonesia, which is able to end confusion, instability and disorder, and demonstrate good governance to improve the national economy, social and political stability
Exclusion Clauses” of the UNHCR Statute and the Convention Relating to the Status of Refugees
No full textThe Statute of the Office of the United Nations High Commissioner for
Refugees (UNHCR Statute) not only defines the persone materiae of the
competence of the United Nations High Commissioner for Refugees (High
Commissioner) but also stipulates circumstances under which the competence of the High Commissioner shall cease or shall not apply to such persons. The Convention relating to the Status of Refugees (CSR) contains similar provisions. The provisions on the non-extension of the High Commissioner’s competence under the UNHCR Statute and the non-applicability of the CSR to certain categories of persons are commonly referred to as “exclusion clauses”. This article tries to make some modest observations on such “exclusion clauses” and their legal implications
Tropical Deforestation as an International Externality: The Property Right Issue
No full textThe developing countries frequently blamed as a party who did the deforestation or do the forest logging. The developed countries try to give a penalty the developing countries with inserting environmental values to trade values. It caused a dispute between the parties because the developing countries highly dependent with the production of the major commodity, whose derived from the forest. In general, approved that the use of natural resources should pay attention the impact to the environment, either it is domestic or global environment. The universal environmental regulation and the environment whose adjusted with the boundaries in trade, in one side, it is not efficient and effective in dealing with international environmental problems, in the connection with the intellectual property rights related to the profit from tropical forests. This article gave a point of view regarding with deforestation from the viewpoint of developing countries and offer a new value which can apply to the developing country needs and global society
Peranan dan Kedudukan Hukum Lingkungan Internasional Dewasa Ini
No full textSince the Stockholm Declaraton of 1972, the principles of environmental legal principles fundamentally changed the formulation of new international environmental law. The formuation of environmental legal provision was significantly influenced by a scientific approach, such as ecological and environmental concepts. The role of international environmental law is increasingly greater on the ecological approach rather than on the general principles of international law. The structure of international environmental law is also changed related to, among others, state responsibility, states rights and obligations, and the rising of the eco-rights and the animal rights that fundamentally changed the customary international law approach into new progressive development of international environmental law. Through ratification, the national environmental law has been significantly improved, and there is a growing recognition of the integrated system of national environmental law and international environmental law
Prosecuting Acts of Terrorism as Crimes Against Humanity Under The Icc Treaty
No full textThis article explores the possibility of prosecuting terrorism as crimes against
humanity under the ICC treaty. Even-though terrorism is not explicitly
mentioned as a crime that falls under the jurisdiction of the International
Criminal Court, it can however be adjudicated at the ICC by interpreting it
as included in Article 7 of the Rome Statute. Article 7 of the ICC Statute can
be used as a legal basis for prosecuting terrorist acts if the acts fulfill the
Article’s general requirements. The text of the Rome Statute does not need to be amended in order to encompass acts of terrorism
Beyond the Northwest Forest Plan
No full textThe United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by the stakeholders, and made Bush’s government make a new wood policy which regulates the reforestation and healthy forest programme. This article is trying to discuss the situation about the United States of America’s policy in wood production
The Application of Islamic Economic Security System for a Better Human Security in Indonesia
No full textAs the 2010 Indonesian demographic Statistic data predicted that in the year 2020-2030 Indonesia will have overpopulation of young people at the productive age (18-50 years old) in about 69%. So there is a need to find solution on jobs and welfare for those segments of people. Islam as the religion of majority people of Indonesia has a teaching regarding this matter that has been known as Islamic economic security system, by means of zakat, waqf, trading and business manner that could give some solutions for the betterment for human economic security to this country. By using normative and comparative method of research, this paper will lead to the conclusion that the country needs to lagislate the shariah principles of contract and economic system due to secure the human rights on transactions and economic activities