Indonesian Journal of International Law
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THE DISPUTE OF AMBALAT IN THE PERSPECTIVE OF INDONESIAN FOREIGN POLICY IN THE POST-NEW ORDER ERA
Full text linkAbstractThis article analyzes the Ambalat territorial dispute between Indonesia and Malaysia, viewing from the perspective of Indonesian foreign policy in the Post-New Order era. The writer argues that Ambalat is a typical case in which Indonesian foreign policy had been widely influenced by public pressures which force government to take a firm stance against Malaysia. The practices of democratic system, including free media, have become an important factor behind such firm stance, along withthe growing nationalism amongst public in the Post-New Order Indonesia. However, in relations with the willingness to maintain a regional influence in ASEAN, the government actually does not really intent to involve in an open war
Perlindungan Tahanan Pada Kamp-Kamp Penahanan Amerika Serikat
No full textOn May, 19th 2006, UN Anti-Torture Committee delivered a report that suggest a closing of the Guantanamo detention camp. The government of the United States of America then look an action by establishing the Law on Interrogation. The law stipulates several principles such as interrogation method and trial on terrorism that somehow legalizes the use of any means of force in such process. Another possibility that is stipulated in the Law is a conviction even the evidence is not visible. Tje protection of prisoner in the United States of America’s detention camp is regulated by both International law and national law. The tortures in such camps that was conducted to obtain a certain information have violated human rights that have been govern by international law and United States of Amarica’s national law itself
Traktat Internasional dan Paradoks Globalisasi
No full textSince the creation of means of transportation to transfer people from one place to another, there was an indication of the ambiguity of State’s intention in international relation. State’s or Government’s motivation to interact with foreign party has always been triggered by the direct or indirect needs of such State or Government. It can be based on plenty of reasons such as expansion, trade, inexpensive human resources, negotiation, or investment reason and so forth. In many interests, State has acted or functioned as an intermediary. Following the colonization period, each State’s interaction will be based on its free will and sovereignty. Any efforts will be firmed in many international agreements or treaties. This has been emphasized by Adam Smith as ‘the natural tendency of men’, which tends to interact, trade, or exchange
Kepentingan Indonesia dalam Pengelolaan Perikanan Laut Bebas
No full textNowadays fisheries issue is becoming more important, especially for the coastal state that heavily depends on their fishing industry. The high seas are common property, but then the fisheries activities on the high seas should be governed properly, otherwise, it will not meet the best interest of the world society, including the fishing industrial state and mere coastal state. The United Nations on the Law of the Sea (UNCLOS) 1982, has designed this issue properly in its stipulations regarding the conservation of the marine living resources. It has an implementing agreement that called UNIA 1995, that has been enacted to deal with the issue of fisheries conservation and sustainable use of fisheries, especially those of straddling and highly migratory species, such as tuna and of straddling and highly migratory species, such as tuna like fish. The FAO is also playing a big role in achieving this aim, by initiating the agreement called FAO Compliance Agreement 1993. The regional arrangements have also been made, such as IOTC and CCSBT. This article tries to point out the fisheries management on the high seas and Indonesian interest to increase its role to manage and exploit high seas fisheries
The WTO Dispute Settlement System Issues on Implementation
No full textThe dispute settlement body in the World Trade Organization (WTO) is the important element for the enforcement of rights and obligations to the party of the WTO. So, the implementation of the decision of the dispute settlement body greatly affects the existence of the WTO as a whole system. Regardless of the success of WTO in making a decision to the case between the parties, the certainty of execution of the awards is still not convinced many parties especially the winning member(s). This article will discuss about the reasons which cause the dispute settlement body awards cannot be executed. Besides, this article also analyzes the position of Indonesia against Korea in Korea Anti-Dumpuig Duties on Imports of Certain Paper from Indonesia case
