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Full-Text Articles in Law
Peran Internasional Criminal Court Dan Kejahatan Terhadap Kemanusiaan Oleh Militer, Teguh Sulistia
Peran Internasional Criminal Court Dan Kejahatan Terhadap Kemanusiaan Oleh Militer, Teguh Sulistia
Indonesian Journal of International Law
Human rights violations become an interesting topic in this 21st century along with emerging respects for civil rights for every violent action. Every person has freedom from persecution and violence either by militia or military force. This can be seen from the establishment of the International Criminal Court (ICC) to prosecute war crimes and crimes against humanity. These efforts are aimed to those who are violating human rights especially by the military force which they can be brought the ICC for their actions.
The International Criminal Court: An Analysis Of Republican Liberalism Perspective, Bhatara Ibnu Reza
The International Criminal Court: An Analysis Of Republican Liberalism Perspective, Bhatara Ibnu Reza
Indonesian Journal of International Law
The establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia …
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum, Romli Atmasasmita
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum, Romli Atmasasmita
Indonesian Journal of International Law
Law enforcement cooperation in international relations is crucial to determine on whether or not national law enforcement to transnational crimes is succeed. The oldest cooperation is extradition followed by other cooperation such as mutual legal assistance treaty, transfer of sentenced person, transfer of criminal proceedings, joint investigation and handing over. This article tries to examine the reasons why those kinds of agreement are needed in law enforcement cooperation. It specifically discuss on Indonesia’s experience in concluding those agreement with its neighboring states within ASEAN.
Access To Essential Medicine Issues And The Doha Declaration: Contents, The Legal Status And The Problems With Implementation, Tomi Suryo Utomo
Access To Essential Medicine Issues And The Doha Declaration: Contents, The Legal Status And The Problems With Implementation, Tomi Suryo Utomo
Indonesian Journal of International Law
The idea of the Doha Declaration was background by the protest of the developing countries who think the TRIPS Safeguards is not clear and not multi interpretation. The developing countries are trying to find a interpretation instrument to the TRIPS Safeguards that fulfill the requirements of international law, especially the Vienna Convention which set the Treaty Law and the negotiation legislative process based on the WTO decision making framework. In Doha Declaration, the developing countries reach the main purpose to find the explanation to the TRIPS Safeguards interpretation. Even in the future, the difference of the economic level, technology, and …
Evaluasi Atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional, Harry P. Haryono
Evaluasi Atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional, Harry P. Haryono
Indonesian Journal of International Law
The Law Number 24 Years 2000 on International Agreement has been implemented for more than 5 years, thus the evaluation of its implementation needs to be done, whether it has accomplished its own purpose when it was made or not. The main point is the question does it have to be changed ? this article gives guidance through some questions to answer the main question. Some advices, such as how important is to make people who have the authority to construct international agreement understand what they have to do, and the background of the formulation of that Law, have been …
Contemporary Existance And Relevance Of The Law Of Use Of Force, The United Nations And The Un Charter, Arie Afriansyah
Contemporary Existance And Relevance Of The Law Of Use Of Force, The United Nations And The Un Charter, Arie Afriansyah
Indonesian Journal of International Law
The increasing number of the breaking of international law especially the use of military force by the States, the regulation in military violence in international relations is not relevant anymore. Even the United Nations and the provision in the Charter considered can not face the reality in the world right now. But, that opinion can not be justified because many of the states in the world always trying to find the justification in international law for all of the action by the states.
Perjanjian Internasional Yang Dibuat Oleh Organisasi Internasional, Sri Setianingsih Suwardi
Perjanjian Internasional Yang Dibuat Oleh Organisasi Internasional, Sri Setianingsih Suwardi
Indonesian Journal of International Law
Nowadays, International Organizations has been recognized as one of the international law subject after exceeded a long winding road. The logical consequence of the recognition is the capability of International Organization to construct an international agreement as well as a State has done. Nevertheless, there are still several mechanism differences between State and International Organization in construct an international agreement. The main difference is about who has the authority to make a deal in international agreement process. This article explores and analyzes the great effort of international organization to gain the recognition as one of international law subject, also the …
Proses Peacebuilding Di Aceh: Dari Mou Helsinki Menuju Implementasi Undang-Undang Tentang Pemerintahan Aceh, Aleksius Jemadu
Proses Peacebuilding Di Aceh: Dari Mou Helsinki Menuju Implementasi Undang-Undang Tentang Pemerintahan Aceh, Aleksius Jemadu
Indonesian Journal of International Law
The process of peacemaking in Aceh is based on the acceptance of the peace agreement signed by the Indonesian government and the Free Aceh Movement (GAM) in Helsinki on August 15, 2005. While the signing of the peace agreement were mainly determined by the negotiations between the two sides, the establishment of the Aeh Governance Law is entirely a different political process in the Indonesian parliament. The contestation of political and economic interests among political parties in the deliberative process of the law is inevitable. Thus, the content of the law should be seen as the result of a political …
Gats Dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan Dan Kepentingan, Adolf Warouw
Gats Dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan Dan Kepentingan, Adolf Warouw
Indonesian Journal of International Law
Trade in sevices, far more than trade in goods, is affected by domestic regulations. Many services sectors are highly regulated to ensure a certain level of quality, to protect consumers, environment, public health, or to pursue other social goals. Domestic regulations of all kinds can be drafted and applied in ways that directly or indirectly undermine international trade commitments. Trade rgeime would therefore seem to have legitimate interest in disciplining the use of such regulation. GATS aims at trade liberalization and expansion of trade, hence its central concern is to make sure that national regulation does not create unnecessary barriers …
Indonesian’S Natural Gas: Production, Reserves, And Challenges, Bambang Widarsono
Indonesian’S Natural Gas: Production, Reserves, And Challenges, Bambang Widarsono
Indonesian Journal of International Law
In the last few years it has occurred the decreasing of Indonesia’s oil production in national scale in 10% per year. At the same time the situation of the national gas showing the increasing of the production and the backup. The production rate can be maintained and the backup even can show the growth from year to year. The analysis of the history of the production and the backup, exploration activity, and the comparison between the discovery of the oil and gas in the recent years underlying that the oil can be the sources of energy and the income for …
Sovereign Rights Oveer Indonesian Natural Resources: An Archipelagic Concept Of Rational And Sustainable Resource Management, Mochtar Kusumaatmadja
Sovereign Rights Oveer Indonesian Natural Resources: An Archipelagic Concept Of Rational And Sustainable Resource Management, Mochtar Kusumaatmadja
Indonesian Journal of International Law
This article is discussing about the problems in environmental, ecology, and oceanography, and the potential of South China Sea and the seas surroundings for the development of marine research and also for the environmental in that area protection.
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Zen Umar Purba
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Zen Umar Purba
Indonesian Journal of International Law
Following the end of World War II and the colonialism era, developing and less developed counries became more aware of the need to protect the natural resources in their region, and started to strife for political independence. In the course of this development there is no doubt that there countries still need assistance from developed countries, which in this case are “represented” by multinational companies. The relationship between these two entities – countries and multinational companies – has been growing in a unique way. This condition influences the growth of the protection of its own interests that pertain to this …
Dumping Dalam Perdagangan Internasional Dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization, Christophorus Barutu
Dumping Dalam Perdagangan Internasional Dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization, Christophorus Barutu
Indonesian Journal of International Law
Dumping practices have been known as unfair trade practices that results serious injury in international trade. It could cause results serious injury pr threaten injury for industry and in the long term can form barrier to domestic industry from the dumping effects. Accordingly, the protection often causes dispute between government of one country and the business players of other country, and vice versa. World Trade those disputes by creating Dispute Settlement Body (DSB). This dispute settlemnet system is expected to be the best solution on handling and settling disputes concerning dumping and to serve a good justice in international trade …
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Arsegianto Arsegianto
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Arsegianto Arsegianto
Indonesian Journal of International Law
Production Sharing Contract (PSC) has become the model of contract of th upstream petroleum sector in Indonesia. Based on Act No. 22 Year 2001, the activity in oil and gas in upstream sector can run if there a cooperation contract whose it can be the production sharing contract or another form of cooperation contract, that it can bring more the profit to the state. In the management of the natural resources like oil and gas, it must have the allocation of the usage costs or depleting premium for replacing the taking of the a unit whose caused a lot of …
Desentralisasi Yang Mengarah Ke Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsi Negara, Edie Toet Hendratno
Desentralisasi Yang Mengarah Ke Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsi Negara, Edie Toet Hendratno
Indonesian Journal of International Law
Article 18 Paragraph (5) of the 1945 Constitution of the Republic of Indonesia stipulates that the local administration (regional government) can implement autonomy as wide as possible, except for the administration affairs that are stipulated as the (central) government’s affair. This stipulation contains the principle of the transfer of the reserve of powers of the government to the local administration. The same goes with the decentralization policy in Act 22/1999 on Local Administration, as well as other legislations like the Act on Special Autonomy for Nanggroe Aceh Darusalam and Papua. They contain saome federal arrangement. The decentralization process that leads …
Election Offences As The Ground Of Election Petition: A Comparative Analysis, Topo Santoso
Election Offences As The Ground Of Election Petition: A Comparative Analysis, Topo Santoso
Indonesian Journal of International Law
This article is intended to compare the regulation about the criminal offence of general elections to be able to file a lawsuit. The main question is what is the legal basis to file a general election lawsuit in Indonesia, Malaysia, Singapore, and Philippine. Does the criminal offence of general elections be the one reason for having a general election lawsuit? In this research proved that in Indonesia the legal basis of the general election lawsuit only the presence of error of the counting the general election results by the Commission of General Election (KPU), so the general election cannot be …