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Full-Text Articles in International Law

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada Apr 2025

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada

Indonesian Journal of International Law

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …


In-Depth Analysis On Strengthening Sanctions For Fisheries Violations In Indonesia: Challenges, Obstacles, And Reform, Maya Shafira, Muhammad Akib, Fx Sumarja, Ahmad Irzal Fardiansyah Apr 2025

In-Depth Analysis On Strengthening Sanctions For Fisheries Violations In Indonesia: Challenges, Obstacles, And Reform, Maya Shafira, Muhammad Akib, Fx Sumarja, Ahmad Irzal Fardiansyah

Indonesian Journal of International Law

Illegal, Unreported, and Unregulated (IUU) Fishing remains a significant challenge for Indonesia, posing threats to its marine resources, economic stability, and national sovereignty. This study examines the enforcement of sanctions against fisheries violations in Indonesia from an international legal perspective. It explores how Indonesia aligns its regulatory framework with global legal instruments, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Port State Measures Agreement (PSMA), and regional agreements within ASEAN. The research identifies key challenges, including legal inconsistencies, enforcement limitations, and jurisdictional complexities, which hinder the effective prosecution of fisheries crimes. It also analyzes …


Calderbank Offer Sebagai Instrumen Untuk Meningkatkan Efisiensi Di Bani Arbitration Center, Lalu Adhim, Sinta Dewi, Mursal Maulana Mar 2025

Calderbank Offer Sebagai Instrumen Untuk Meningkatkan Efisiensi Di Bani Arbitration Center, Lalu Adhim, Sinta Dewi, Mursal Maulana

Jurnal Hukum & Pembangunan

This article explores the shifting landscape of international arbitration, traditionally valued for its efficiency. Today, increased costs and prolonged dispute resolution processes change this perception. The article introduces the Calderbank offer, a strategic instrument from common law that promotes early settlement. By integrating civil law’s adversarial approach and practice to settle with settlement offer in common law, this concept aligns with peace theory and could enhance efficiency in BANI Arbitration Center. This instrument allows arbitral tribunals to impose cost penalties on parties who reject settlement offers and subsequently fail to achieve a more favorable award. In this research, the authors …


The Principle Of Sustainable Development In International Investment Law: A Study From Vietnamese Perspective, Long Tran Thang, Anh Le Tram Pham Mar 2025

The Principle Of Sustainable Development In International Investment Law: A Study From Vietnamese Perspective, Long Tran Thang, Anh Le Tram Pham

Indonesia Law Review

International investment significantly contributes to economic development by fostering hunger eradication, poverty reduction, job creation, and the introduction of new technologies and services. However, it also presents challenges, including resource degradation, environmental decline, waste generation, and human rights violations. This article emphasizes integrating sustainable development principles into international investment law to balance investor and host country interests while safeguarding the environment and human rights for long-term sustainability. In Vietnam, a nation increasingly integrated into the global economy, legal frameworks stipulate sustainable development principles for foreign-invested projects, aligning with international standards to protect the environment and people alongside economic and social …


Extraterritorial Jurisdictions: Implementation Of Foreign Public Officials In United States, United Kingdom, And Indonesia, Jamin Ginting, Raden Febriarto Fadjar, Patrick Talbot Jan 2025

Extraterritorial Jurisdictions: Implementation Of Foreign Public Officials In United States, United Kingdom, And Indonesia, Jamin Ginting, Raden Febriarto Fadjar, Patrick Talbot

Indonesian Journal of International Law

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also …


The International Court Of Justice And Clean Hands Doctrine: Shifting Approach With Reference To The Certain Iranian Assets Case, Atul Alexander, Tanay Khanna Jan 2025

The International Court Of Justice And Clean Hands Doctrine: Shifting Approach With Reference To The Certain Iranian Assets Case, Atul Alexander, Tanay Khanna

Indonesian Journal of International Law

States have often invoked the clean hands doctrine (CHD) before the International Court of Justice (ICJ). The prevailing practice among States is to invoke the CHD with the purpose of deeming the assertions of the opposing State as impermissible or challenging the jurisdiction of the court. While the ICJ has constantly refused to uphold any argument based on the CHD, there are judges whose individual opinions have upheld the validity of the CHD. A common trend that is witnessed in cases where the courts have agreed or rejected the applicability of the CHD is when the application is not based …


The Need For The Enactment Of Prize Law Legislation In Indonesia, Pornomo Rovan Astri Yoga Jan 2025

The Need For The Enactment Of Prize Law Legislation In Indonesia, Pornomo Rovan Astri Yoga

Indonesian Journal of International Law

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. …


Persistent Collaboration: Between International And Indonesian National Law On The Utilization Of Earth Orbit, Deden Habibi Ali Alfathimy, Runggu Prilia Ardes Jan 2025

Persistent Collaboration: Between International And Indonesian National Law On The Utilization Of Earth Orbit, Deden Habibi Ali Alfathimy, Runggu Prilia Ardes

Indonesian Journal of International Law

This paper examines the legal issues surrounding the utilization of Earth orbit as a valuable and finite resource for Indonesia and other countries by exploring the monism-dualism debate in the context space law discourse in Indonesia. The study starts with the discussions on monism and dualism in Earth orbit regulations. Then, the article explains relevant legal matters on space activities and the varying stances of some States before subsequently discusses legal divergences in Indonesia. The analysis of the article discloses both consistency and inconsistency between Indonesian national and international space law. The findings of this paper reveal that under the …


Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono Jan 2025

Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono

Indonesian Journal of International Law

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This …


The Implications Of Un Security Council Resolutions In Shaping The Dynamics Of The Palestinian-Israel Peace Process: The Israel-Hamas War As A Case Study, Awara Hussein Ahmed, Hemn Shawkat Ali Jan 2025

The Implications Of Un Security Council Resolutions In Shaping The Dynamics Of The Palestinian-Israel Peace Process: The Israel-Hamas War As A Case Study, Awara Hussein Ahmed, Hemn Shawkat Ali

Indonesian Journal of International Law

The Israeli war on Gaza on 7 October 2023 has raised questions regarding the effectiveness of international institutions in promoting peace and security. The Security Council (SC) plays an important role in global conflict resolution. The Council's response to the bloody war in Gaza has been the subject of scrutiny, causing many to question its competence and impact on global stability. Therefore, this study aims to examine the participation and influence of the United Nations Security Council (UNSC) in shaping the dynamics of the Israel-Palestinian conflict, with a particular focus on the recent military conflict between Israelis and Palestinians in …


The Potential Escalation Of Strategic Partnership Conflicts In The Indo-Pacific Region From The Aukus Trilateral Defense Pact, Yodia Adriatami Edwina, Yossica Ariatami Edwina Jan 2025

The Potential Escalation Of Strategic Partnership Conflicts In The Indo-Pacific Region From The Aukus Trilateral Defense Pact, Yodia Adriatami Edwina, Yossica Ariatami Edwina

Indonesian Journal of International Law

The aggressiveness demonstrated by China in the South China Sea has caused instability and tension in military conflicts within the Indo-Pacific region. This aggressiveness was specifically demonstrated with the aim of controlling the sea in the region and considered a threat to maritime security, In an effort to balance the Indo-Pacific region against the aggressive attitude of China, the Trilateral Defense Pact agreement was made by Australia, United Kingdom, and United States. Despite the presented advantages associated with the effort, it is important to state that the agreement has raised concerns in Indonesia regarding its implications for maritime stability and …


Penanganan Kasus International Child Abduction Di Indonesia: Studi Kasus Penculikan Ezekiel Gionata Purba & Penculikan Enrico Johannes Susanto Carluen, Dhani Ershiano, Ari Wahyudi Hertanto, Benedetto Setyo Satrio Utomo Jan 2025

Penanganan Kasus International Child Abduction Di Indonesia: Studi Kasus Penculikan Ezekiel Gionata Purba & Penculikan Enrico Johannes Susanto Carluen, Dhani Ershiano, Ari Wahyudi Hertanto, Benedetto Setyo Satrio Utomo

Jurnal Hukum & Pembangunan

Child protection, particularly in preventing and addressing cases of international child abduction, is an obligation of all states. This phenomenon frequently occurs in Indonesia when a foreign-national parent, following divorce, unilaterally takes their biological child abroad in violation of court-granted custody, guardianship, and/or access rights of the other parent. Currently, Indonesia lacks adequate legal provisions to prevent and resolve cases of international child abduction. Moreover, Indonesia has not yet acceded to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (“the 1980 Hague Convention”). This convention establishes a legal mechanism to ensure the prompt return …


The Urgency Of Artificial Intelligence Code Of Ethics, Tundjung Herning Sitabuana, Dixon Sanjaya, Ibra Fulenzi Amri, Nethan Nethan Dec 2024

The Urgency Of Artificial Intelligence Code Of Ethics, Tundjung Herning Sitabuana, Dixon Sanjaya, Ibra Fulenzi Amri, Nethan Nethan

Indonesia Law Review

The era of artificial intelligence has become a characteristic of industrial era 5.0 which has been used in various aspects. Potential economic value of AI has driven various forms of AI innovation development. Exploration of AI tends to override negative impacts of such developments. The emergence of ethical issues with presence of AI encourages the need for a law-based approach to establishing ethical standards to protect entire Indonesian nation. Therefore, this research was conducted to examine urgency for an AI code of ethics. This paper will normatively describe data qualitatively to answer urgency and development of AI code of ethics …


Delays In The International Seabed Authority Mining Code: Insight From Twail And Bbnj Frameworks, Ria Wierma Putri, Yuga Narazua Khanza, Orima Melati Davey, Febryani Sabatira Dec 2024

Delays In The International Seabed Authority Mining Code: Insight From Twail And Bbnj Frameworks, Ria Wierma Putri, Yuga Narazua Khanza, Orima Melati Davey, Febryani Sabatira

Indonesia Law Review

The International Seabed Authority (ISA) plays a crucial role in governing the vast expanses of the ocean floor that lie beyond national jurisdictions, referred to as "the Area" under the United Nations Convention on the Law of the Sea (UNCLOS). Although the ISA has established regulations for deep-sea exploration, it has encountered significant challenges in finalizing a comprehensive mining code for resource exploitation. This ongoing delay underscores the notion that legal development is often catalyzed by broader social changes. To comprehend the factors contributing to this delay, it is essential to consider the historical context of UNCLOS 1982, a framework …


Environmental Law And Economic Law Review: Is Green Economy And Environmental, Social, And Governance (Esg) Green Economy Or Greenwashing?, Birkah Latif, Mohammad Qadam Shah, Aidir Amin Daud, Marthen Napang, Padma D. Liman, Indah Camelia, La Ode M. Syarif, Andi Tenri Famauri Rifai, Aldi Yusa Ali, Adelin Yohana Gloria Nov 2024

Environmental Law And Economic Law Review: Is Green Economy And Environmental, Social, And Governance (Esg) Green Economy Or Greenwashing?, Birkah Latif, Mohammad Qadam Shah, Aidir Amin Daud, Marthen Napang, Padma D. Liman, Indah Camelia, La Ode M. Syarif, Andi Tenri Famauri Rifai, Aldi Yusa Ali, Adelin Yohana Gloria

Indonesian Journal of International Law

In implementing the SDGs according to the principle of green economy, countries are competing to apply the ESG concept which aims to identify all non-financial risks and opportunities related to the company's routine, especially those related to Environment (E), Social (S), and Governance (G), to achieve sustainability development in business through corporate actions. Such well-founded implementation within a company will generate a positive impact and increase the appeal for investors amid today's fierce business competition. The ESG is expected to be the key in promoting economic improvement without sacrificing environmental aspects.


Legal Instrument Under The “Asean Way”: The Case Of Asean Convention Against Trafficking In Persons, Made Wirawan, Dian Novikrisna Sep 2024

Legal Instrument Under The “Asean Way”: The Case Of Asean Convention Against Trafficking In Persons, Made Wirawan, Dian Novikrisna

Indonesian Journal of International Law

This study was mainly raised because of the contradictory situation between ASEAN’s informal practices, embodied in the ASEAN Way, and the emergence of the ASEAN Convention against Trafficking in Persons (ACTIP) as a legal instrument for the basis of formal cooperation. Hence, it is important to understand the current situation of the ASEAN Way on a legal instrument by examining how ACTIP conforms with the ASEAN Way principles and influences its compliance. Drawing on the concept of legalization as discussed by Abbott et al. (2000), the research employs a qualitative method and a case study approach to analyze ACTIP’s provisions …


Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security, Ika Riswanti Putranti, Hardi Warsono, Valeria Paganizza, Dedi Abdul Hadi, Muhammad Faizal Alfian, Muhammad Subhan, Anjani Tri Fatharini, Maula Hudaya, Muhammad Arief Zuliyan, Dewi Setiyaningsih Sep 2024

Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security, Ika Riswanti Putranti, Hardi Warsono, Valeria Paganizza, Dedi Abdul Hadi, Muhammad Faizal Alfian, Muhammad Subhan, Anjani Tri Fatharini, Maula Hudaya, Muhammad Arief Zuliyan, Dewi Setiyaningsih

Indonesian Journal of International Law

The ATIGA (Association of Southeast Asian Nations Trade in Goods Agreement) is an evolution of economic cooperation among ASEAN member countries which began in 1977 with the PTA (Preferential Trade Agreement) embryonic concept and was developed in the 1990s with the CEPT (Common Effective Preferential Tariff). It has driven a significant increase in intra-trade and external trade in the Southeast Asian region. The agreement was to establish a free trade zone that provides the concept of “preferences” by reducing tariff and non-tariff barriers for member countries in order to encourage regional economic growth through trade creation and trade diversion is …


De-Centrality Of Asean Law To Address Us-China Rivalry In The South China Sea, Salawati Mat Basir, Saidatul Nadia Abd Aziz Sep 2024

De-Centrality Of Asean Law To Address Us-China Rivalry In The South China Sea, Salawati Mat Basir, Saidatul Nadia Abd Aziz

Indonesian Journal of International Law

Evolving Southeast Asian geopolitics offer opportunities and risks. Central to the global East-West sea route of communication and rich in land and sea resources, this region has been a geopolitical hub since ancient times. The key question is whether China's strategic actions weaken US-ASEAN relations and has an impact on regional powers. This highlights the Association of Southeast Asian Nations’ (ASEAN) importance in regional stability. This study employs qualitative research that collected data through descriptive, analytical, and case studies. ASEAN is facing challenges in effectively handling the rivalry in the Indo-Pacific area. It also has the capability to manage uncertainty …


Analysis Of The Implications Of The Water Convention And Protocols For Water And Health, Ester Indahyani Jusuf, Tiurma Mangihut Pitta Allagan, Tris Eryando Sep 2024

Analysis Of The Implications Of The Water Convention And Protocols For Water And Health, Ester Indahyani Jusuf, Tiurma Mangihut Pitta Allagan, Tris Eryando

Indonesian Journal of International Law

Many international conventions contain positive values for humanity, which are in line with the human rights values guaranteed by our country’s constitution. The Indonesian state constitutionally guarantees the right of every Indonesian citizen to live a healthy and prosperous life, including providing water for every Indonesian citizen. However, it turns out that the Indonesian State has so far chosen not to ratify or access the Water Convention and the Water and Health Protocol, the contents of which are the good intentions of the countries participating in the convention to maintain the availability and quality of world water. This article provides …


Single Maritime Boundary And Dual Maritime Regimes: Case Study Of Indonesia, Bebeb Abdul Kurnia Nugraha Djundjunan, Huala Adolf, Achmad Gusman Siswandi, Damos Dumali Agusman Sep 2024

Single Maritime Boundary And Dual Maritime Regimes: Case Study Of Indonesia, Bebeb Abdul Kurnia Nugraha Djundjunan, Huala Adolf, Achmad Gusman Siswandi, Damos Dumali Agusman

Indonesian Journal of International Law

Various judgements of international tribunals have shown a trend of the use of Single Maritime Boundary (SMB) in solving maritime boundary disputes. The application of SMB by international tribunals are based on the submission of the parties in dispute, typically to simplify the maritime boundary delimitation process. The concept of the SMB line, which puts the Exclusive Economic Zone and Continental Shelf boundaries into one line, has grown into a deceptive perspective when taking into account that the provisions under the 1982 UNCLOS, particularly Articles 74 and 83, are the same. The application of SMBs is likely to be disadvantageous …


Domestic Implementation Of International Law In Indonesia And Thailand, Retno Kusniati, Prasit Aekaputra, Nhonlaphat Pitpiboonpreeya Sep 2024

Domestic Implementation Of International Law In Indonesia And Thailand, Retno Kusniati, Prasit Aekaputra, Nhonlaphat Pitpiboonpreeya

Indonesian Journal of International Law

This study aimed to examine the challenges related to domestic implementation of international law by comparing practices in Indonesia and Thailand. When both countries participated as State Parties to international treaties, this participation had legal consequences not only in the relationship with other states but also in implementing obligations under the relevant treaties through a transformation process governed by the Constitutions. Although most countries regulate the transformation of international treaties within the constitutions, Indonesia does not have the provisions. In contrast, Article 178 of the Thai Constitution provided a process for transforming international treaties into Thailand domestic law despite certain …


Balancing Local Community Interest And International Responsibilities In The Context Of The Expulsion Of Rohingya Refugees In Aceh, Muhammad Havez, Ninin Ernawati, Diva Pitaloka, Ahmad Rosidi, Joko Jumadi Jul 2024

Balancing Local Community Interest And International Responsibilities In The Context Of The Expulsion Of Rohingya Refugees In Aceh, Muhammad Havez, Ninin Ernawati, Diva Pitaloka, Ahmad Rosidi, Joko Jumadi

Indonesian Journal of International Law

At the end of 2023, a group of refugees that came to the Aceh region committed several acts of misconduct that shocked Indonesia. Such acts included throwing away rice that was given to them by the Acehnese residents, who did so as an act of kindness. However, the refugees disappointed the Acehnese residents with their response. Due to this, the Acehnese residents insist on expelling the refugees from their area, but the local government needed clarification in order to determine their position. On one hand, it is important to take note of the concerns of the Indonesian people, however, there …


Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin Jul 2024

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …


Climate Change Refugees: Striving For An Established Definition For Broader And Better Management, Ayub Torry Satriyo Kusumo, Anugerah Adiastuti Jul 2024

Climate Change Refugees: Striving For An Established Definition For Broader And Better Management, Ayub Torry Satriyo Kusumo, Anugerah Adiastuti

Indonesian Journal of International Law

According to the Inter-governmental Panel for Climate Change (IPCC) 2021, The increase in global warming has accelerated the pace at which glaciers melt, thereby leading to a mass migration of people. The United Nations High Commissioner for Refugees (UNHCR) reported that approximately 21.5 million people migrated to more decent places due to climate or geographical conditions. This category of people are often called climate refugees and when the apply for international refugee status, it is declined due to the inability to meet the established criteria outlined by the International Refugees Convention. Unfortunately, the phenomena associated with climate refugee have not …


'Othering' Of Refugees: An Anti-Thesis To Right Against Discrimination, Jasmeet Gulati Jul 2024

'Othering' Of Refugees: An Anti-Thesis To Right Against Discrimination, Jasmeet Gulati

Indonesian Journal of International Law

The process of ‘othering’ and the basis of ‘otherness’ separates marginal from the mainstream and is generally construed as discrimination amongst different social groups. The paper discusses the concept of ‘othering’ with specific reference to the rights of refugees, their plight in the country of refuge, and the attitude of national governments while dealing with the rights of refugees in compliance of international obligations. The process of characterizing refugees as ‘others’ in the host country directly affects their basic rights, which would otherwise be granted to them being refugees under international refugee law. Thus, discrimination stems from the very perspective …


Singapore Convention: Should Indonesia Ratify It?, Ahmad Rifa'i, Dimas Ramadhansyah Jul 2024

Singapore Convention: Should Indonesia Ratify It?, Ahmad Rifa'i, Dimas Ramadhansyah

Indonesian Journal of International Law

As cross-border trading develops, there is an increasing need for an effective dispute resolution system to solve disputes on business transactions. Mediation is a well-established method of efficient alternative dispute resolution that was recently internationally recognized under a specific treaty. The United Nations General Assembly took a resolution to adopt the United Nations Convention on International Settlement Resulting from Mediation (“Singapore Convention”). The Indonesian government has tried to boost foreign investment, but such efforts have been delayed due to a legal enforcement issue, which requires a legal reform to provide certainty for investors by providing a seamless and internationally recognized …


Implementation Of Iso 14001 Standard By World Trade Organization (Wto) Based On Technical Barriers To Trade (Tbt) Agreement And Its Practices In Indonesia, Ferdi Ferdi Jul 2024

Implementation Of Iso 14001 Standard By World Trade Organization (Wto) Based On Technical Barriers To Trade (Tbt) Agreement And Its Practices In Indonesia, Ferdi Ferdi

Indonesian Journal of International Law

The implementation of the ISO 14001 standard by the World Trade Organization (WTO) has been regulated in the Technical Barriers to Trade (TBT) Agreement (Annex 1A WTO). ISO 14001 is an Environmental Management Standard (EMS) issued by the International Organization for Standardization (ISO). ISO is one of the organizations that determine the international standard. The standard set by ISO has been utilized to equalize the standard of the WTO members in world trade (Preamble TBT Agreement). The WTO is an international organization regulating world trade to ensure it flows smoothly. TBT oversees that the technical regulations and standards, including packaging, …


Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa Jul 2024

Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa

Journal of Private International Law Studies

This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …


Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo Jul 2024

Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo

Journal of Private International Law Studies

Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …


Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan Jul 2024

Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan

Journal of Private International Law Studies

Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …