Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 17 of 17
Full-Text Articles in Law
Strategi Pengelolaan Dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, Dan Operasional, Mufti Makaariim
Strategi Pengelolaan Dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, Dan Operasional, Mufti Makaariim
Indonesian Journal of International Law
This article is written in order to answer an issue management and defense in Indonesian air territory. Nowadays, we need to build management strategy and defense system to dealing with threat in the decent manner. Defense system in territory is less adequate compared to defense system at land and sea. Thus, every obstacles starting from political level and legislation must be our concern. Defense system in the air territory must also be our future priority regarding the use of natural resources for the benefit of Indonesian people.
Wilayah Udara Negara (State Air Territory) Ditinjau Dari Segi Hukum Internasional Dan Nasional Indonesia, E. Saefullah Wiradipradja
Wilayah Udara Negara (State Air Territory) Ditinjau Dari Segi Hukum Internasional Dan Nasional Indonesia, E. Saefullah Wiradipradja
Indonesian Journal of International Law
The status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it …
Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya Dan Menjaganya?, Harry P. Haryono
Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya Dan Menjaganya?, Harry P. Haryono
Indonesian Journal of International Law
Controversy always occurs in outerspace discussion where is no official definition of outerspace in any international regulations. The provisions set in Chicago Convention are also not enough to define the meaning of air space of a country and how to use it properly. Still controversy came one after another. In the absence of this provision, State often use other International Convention as an analogy to define their air territory such as UNCLOS 1982. Indonesia as an archipelagic state, who brings the issue of archipelagic state to the Third UN Conference on the Law of the Sea, has done many efforts …
State Sovereignity In Airspace, Priyatna Abdurrasyid
State Sovereignity In Airspace, Priyatna Abdurrasyid
Indonesian Journal of International Law
This article concentrates on the overall development of the historical air sovereignty concept since the time of Socrates/Plato, Ptolemius, Copernicus, Galilei-Galileo, Einstein and Stephen Hawkings. In 1994, finally, this air sovereignty concept was strongly embedded in Article 1 of the Chicago Convention 1944, after being analyzed/regulated at the Diplomatic Conference and the Paris Convention 1919.
Kewenangan Electoral Management Bodies Dalam Menangani Tindak Pidana Pemilu Dalam Perspektif Perbandingan, Topo Santoso
Kewenangan Electoral Management Bodies Dalam Menangani Tindak Pidana Pemilu Dalam Perspektif Perbandingan, Topo Santoso
Indonesian Journal of International Law
This article discusses the role and power of the electoral management body regarding settlement of election irregularities. Every jurisdiction has its own approach and mechanism to prevent, oversee, and punish the perpetrator of the election irregularities and election offences. This article overview the differences of the Electoral Body’s role and power in the election offences settlement process. The conclusion is that, the role and power of the Philippine’s Electoral Commission (Comelec) is the widest and strongest compare to three other countries (Indonesia, Malaysia, Singapore). In order to have more effective settlement process, this article comes to the conclusion that the …
Regulation Of International Straits, Hasjim Djalal
Regulation Of International Straits, Hasjim Djalal
Indonesian Journal of International Law
Generally this article discusses regulation on international strait which involves the straits of Malacca and Singapore. With regard to the straits used for international navigation, the 1982 UNCLOS prescribes the rights and obligations of the States bordering the straits as well as the users in transip passage. This article describes the problems of the straits of Malacca and Singapore which mainly lay on how to ensure safety and protect environment of the coastal States, Development od Cooperative Mechanism, bilateral cooperation, and new issues. In conclusion, the author share his lesson learned within the last decades on his experiences.
Maritime Security Issues In Southeast Asia, An Indonesian Perspective, Nugroho Wisnumurti
Maritime Security Issues In Southeast Asia, An Indonesian Perspective, Nugroho Wisnumurti
Indonesian Journal of International Law
In this globalize world the new threats to security are civil violence, transnational organized crime, terrorism and weapons of mass destruction, poverty, deadly infectious disease and environmental degradation. Transnational Organized Crime emerges into a serious threat to national and international security and stability with an increasingly adverse economic and social impact on States and civil society. This paper will discuss maritime security issues relevant to the situation in Southeast Asia, particularly in Indonesia and in the Straits of Malacca and Singapore. This article will focus on trafficking in persons in the context of maritime security and its challenges in the …
Upaya Diplomatik Indonesia Dalam Penetapan Alur-Alur Laut Kepulauan Indonesia (Alki), Etty R. Agoes
Upaya Diplomatik Indonesia Dalam Penetapan Alur-Alur Laut Kepulauan Indonesia (Alki), Etty R. Agoes
Indonesian Journal of International Law
Indonesia is the first Archipelagic State which proposed the establishment of archipelagic sea lane passage as governed in article 53 United Nations Convention Law of the Sea (UNCLOS) 1982. The author opined that basic principle pf Archipelagic State is the unity of land, water, and people. This article explains the archipelagic sea lane passage based on the UNCLOS 1982. Moreover, this article describes the Indonesian efforts on the establishment of archipelagic sea lane passage, includes Indonesian diplomatic effort, within International Maritime Organization.
Status Hukum Pulau-Pulau Terluar Indonesia, Arif Havas Oegroseno
Status Hukum Pulau-Pulau Terluar Indonesia, Arif Havas Oegroseno
Indonesian Journal of International Law
Outer islands play important role to determine national boundaries. Legal status of ninety-two outer islands in Indonesia creates the basic law for Indonesia to be acknowledged as the Archipelagic State. Since the decision from International Court of Justice which won Malaysia over the Sipadan and Ligitan case on the basis of effective occupation, Indonesian people are having highly concerned on effective occupation. Effective occupation is an international law doctrine which arises from law of ancient Rome. Effective occupation is an administrative act without physical occupation. It can be applied to terra nullius territory. This paper discusses over the effective occupation …
Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom Di Indonesia, Rouli Anita Velentina, Lydya Hayaty
Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom Di Indonesia, Rouli Anita Velentina, Lydya Hayaty
Indonesian Journal of International Law
Improving legal certainty to attract foreign investment is very significant because it is one of very important consideration which involved in the decision to choose where to invest. In relation to legal certainty, an issue that has being discussed intensively is the investment conducted by Qatar Telecom, a big company form Middle East and a shareholder of PT. Indosat Tbk. The legal issue which arise is, Qtel would like to buy Indosat shares and increase its shares in PT. Indosat to be more than 50%. However under Presidential Regulation No. 111/2007, the maximum of foreign capital ownership limit in the …
Potret Hukum Pertambangan Di Indonesia Dalam Era Uu No. 4 Tahun 2009, Bambang Prabowo Soedarso
Potret Hukum Pertambangan Di Indonesia Dalam Era Uu No. 4 Tahun 2009, Bambang Prabowo Soedarso
Indonesian Journal of International Law
According to Blackslaw dictionary, the definition of Mining law is the act of appropriating a mining claim (parcel of land containing precious metal in its soil or rock) according to certain established rule. Basically, State is entitled full authority to explore and exploit their natural resources. In practice, State is represented by company to explore and exploit its natural resources. Therefore, State creates mining law to provide basic principles and to regulate activities on mining industry. This article provides a full picture of the Indonesian mining law industry from many aspects, start from the colonial period until the present tie.
Piagam Asean, Legalitas Tonggak Baru, Menuju Integrasi Regional, Zainuddin Djafar
Piagam Asean, Legalitas Tonggak Baru, Menuju Integrasi Regional, Zainuddin Djafar
Indonesian Journal of International Law
The 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 …
Perspektif Hukum Dan Ekonomi Atas Kerjasama Luar Negeri Oleh Pemerintah Daerah, Jemmy Rumengan
Perspektif Hukum Dan Ekonomi Atas Kerjasama Luar Negeri Oleh Pemerintah Daerah, Jemmy Rumengan
Indonesian Journal of International Law
Globalization and the increase of international relations have created new actors in international community. States are no longer the only parties in international relations, nowadays local government (city/province) has become one of the actors in international relations. In this context, law has an important role to regulate the relations between local government in a state with another local government in other state. It takes national and international law to arrange that international interaction or relations. In economic perspective, international relations by local government should give a real contribution to their local community and for their state. That’s why international relations …
Asean Charter: A New Beginning For Southeast Asian Nations, Djauhari Oratmangun
Asean Charter: A New Beginning For Southeast Asian Nations, Djauhari Oratmangun
Indonesian Journal of International Law
The ASEAN leaders have signed ASEAN Charter in December 2007. A year later, this Charter was ratified by all ASEAN member states thus it become to be entry into force on 15 December 2008. ASEAN Charter reflects the internal momentum and the development of relations between ASEAN and the world. In addition, it also characterizes the common ideals shared by the ASEAN member states. This article will emphasize three subjects. Firtsly, it will examine the factors that push ASEAN member states to move toward ASEAN Charter. Secondly, it will underline the process of drafting int the ASEAN Charter. Thirdly, it …
The Asean Secretariat And Legal Issues Arising From Asean Charter, Termsak Chalermpalanupap
The Asean Secretariat And Legal Issues Arising From Asean Charter, Termsak Chalermpalanupap
Indonesian Journal of International Law
There are three major issues embodied in the new ASEAN Charter. They are. Legal personality of ASEAN, previlages and immunities and dispute settlement mechanism. This article elaborates recent development of those three legal issues, as new legal tasks that ASEAN Secretariat has to carry out as the ASEAN Charter start to be entry into force. Nonetheless, ASEAN Secretariat faces many obstacles ahead particularly in building its human resources and seeking of the legal experts to carry the tasks which must be undertaken by the ASEAN Secretariat.
Checkbook Diplomacy Jepang Dalam Hubungan Dengan Asean: Relevansi Dan Tantangan Bagi Indonesia, Syamsul Hadi
Checkbook Diplomacy Jepang Dalam Hubungan Dengan Asean: Relevansi Dan Tantangan Bagi Indonesia, Syamsul Hadi
Indonesian Journal of International Law
This article would analyze the increasing of Japanese interest in its relations with ASEAN in the contemporary era, with the emerging of China, the withdrawal of substantive parts of the US presence in East Asia, and the intensification of economic integration in ASEAN. It is argued that Japan would continually use its method of ‘checkbook diplomacy’ in dealing with ASEAN, due to its inability to reformulate a new international role to adjust the international situations. As the de facto leader of ASEAN in line with Indonesian national interests as well as ASEAN regional visions.
The Transparency Principle In The Framework Of The Wto, G. H. Addink
The Transparency Principle In The Framework Of The Wto, G. H. Addink
Indonesian Journal of International Law
In this contribution, the way in which the transparency principe – as it has developed in Dutch and European administrative law – can contribute to the realisation of more openness as regards the WTO will be discussed. The transparency principle is one of he pillar principles of good governance, principles which spearhead Dutch foreign policy. The lack of openness concerning the WTO has long been a concern of the international community and now propositions are being made – in this contribution as well – to further form the transparency principle in the WTO.