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Full-Text Articles in Law

Politik Luar Negeri Indonesia: Pantulan Dari 'Weak State' Dan Masa Transisi Yang Berkepanjangan, Zainuddin Djafar Sep 2004

Politik Luar Negeri Indonesia: Pantulan Dari 'Weak State' Dan Masa Transisi Yang Berkepanjangan, Zainuddin Djafar

Global: Jurnal Politik Internasional

Evaluation of Indonesian foreign policy leads us to assess the following: Firstly, since the Soeharto era we have had close relations with the Western countries, we have enjoyed billions of US dollars of loans, held technical co-operations in various aspects, we have oil reserves, LNG and other potential natural sources; but as a result of the multidimensional crises in 1997-1999, our economic and business activities, as well as financial and banking systems, have been ruined. Secondly, the three following administrations (B.J. Habibie, Abdurrahman Wahid and Megawati Soekarnoputri, 1998-2004) were not able to do much, let alone restore Indonesia to its …


Menelaah Konsep Human Security: Studi Kasus Penanganan Masalah Pengungsi Afganistan Di Australia (1999-2002), Avyanthi Azis Sep 2004

Menelaah Konsep Human Security: Studi Kasus Penanganan Masalah Pengungsi Afganistan Di Australia (1999-2002), Avyanthi Azis

Global: Jurnal Politik Internasional

This article is a short report drawn from a research on the issue of the Afghan refugees in Australia (1992-2002). Using the infamous “boat people” case as illustration, the research was intended to provide careful observation on the concept “human security,” a term increasingly linked to forced migration issues. Although human security is often portrayed as a benign concept with strong moral stance, its vastness and loose definition limit its adequacy as a useful tool of analysis. The concept is also prone to misuse because it loosely adapts to various ideological interests. Following a framework elaborated from the thoughts of …


Sistem Perdagangan Multilateral Dalam Kerangka Wto Suatu Observasi Terhadap “Rule-Based System”, Adolf Warouw Jul 2004

Sistem Perdagangan Multilateral Dalam Kerangka Wto Suatu Observasi Terhadap “Rule-Based System”, Adolf Warouw

Indonesian Journal of International Law

The multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not …


Preparing For The Challange Of Governance In International Economic Relations In The 21st Century: A Plea To The Indonesian Legal Profession, H. S. Kartadjoemena Jul 2004

Preparing For The Challange Of Governance In International Economic Relations In The 21st Century: A Plea To The Indonesian Legal Profession, H. S. Kartadjoemena

Indonesian Journal of International Law

It is a common knowledge that globalization has connected the relations between states, organizations, economists, and also the interaction between them. This following article, as already stated on the title, is very influencing and challenging, and also at the same time pushing the jurists in Indonesia to involve in international forums on this 21th century. Although the role of jurists in Indonesia isless significant concerning the consequences of the weakness of legal system order in Indonesia, but they have to be prepare facing the issues as the concequences of globalization and the growing of international organizations, such as: WTO, ASEAN …


Trips And Developing Countries, A. Zen Umar Purba Jul 2004

Trips And Developing Countries, A. Zen Umar Purba

Indonesian Journal of International Law

The World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer …


Persaingan Usaha Di Forum Wto Dan Perlunya Ketentuan Mengenai M&A, Djunari I. Waskito Jul 2004

Persaingan Usaha Di Forum Wto Dan Perlunya Ketentuan Mengenai M&A, Djunari I. Waskito

Indonesian Journal of International Law

Two issues leading to the collapse of the 5th WTO ministerial meeting in Cancun, Mexico, are agricultural issue and Singapore Issues. There are four sub-issues on Singapore Issues, which are Trade and Competition Policy, Trade and Investment, Transparency on Government Procurement and Trace Facilitation. The issues on competition policy are some ambiguities such as the coverage of hardcore cartel provisions and the differences on the articles or business practices which can be considered as rule of reason. The most crucial on handling competition case is analyzing relevant market consisting product market and geographical market. Related to the Indonesian competition law, …


International Trade Indicators, 2003: Indonesia, Agus Brotosusilo Jul 2004

International Trade Indicators, 2003: Indonesia, Agus Brotosusilo

Indonesian Journal of International Law

Being 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 …