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Articles 571 - 600 of 631
Full-Text Articles in International Law
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 …
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 …
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.
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 …
Komunitas Asean: Penyelesaian Sengketa Dan Penegakkan Hukum, Hesty D. Lestari
Komunitas Asean: Penyelesaian Sengketa Dan Penegakkan Hukum, Hesty D. Lestari
Indonesian Journal of International Law
ASEAN will turn to an ASEAN Community by 2015. The ASEAN Community shall consist of three pillars, namely political and security cooperation, economic cooperation, and socio-cultural cooperation. It aims to deepen the ASEAN integration and to ensure durable peace, stability, and shared prosperity in the region. The ASEAN Community will also have its own legal order, which should be implemented by its member states.
Trips Agreement And Pharmaceutical Patent Protection, Cita Citrawinda
Trips Agreement And Pharmaceutical Patent Protection, Cita Citrawinda
Indonesian Journal of International Law
Promotion and improvement protections in intellectual property rights (IPRs), particularly in the developing countries with weak tradition in the protection of IPRs has become new major factor that potentially affecting state’s ability to guarantee the access to drugs. Access to drugs is the main issue in public health, especially regarding to patent that has impact on drugs prices. This article discusses how Indonesia, as one of developing countries, can ensure access and protection of the IPRs in drugs issues.
Current Trends And New Approches For Ip Education Training And Research: (Indonesian Perspective), Agus Sardjono
Current Trends And New Approches For Ip Education Training And Research: (Indonesian Perspective), Agus Sardjono
Indonesian Journal of International Law
Trend in Intellectual Property Rights (IPRs) is mainly influenced by certain situation that attracts public attention. In Indonesia, Trend is more oriented on the issues regarding to the recognition and protection of genetic resources and traditional knowledge and folklore. Cases such as maize varieties, avian influenza and genetic resources have brought impact and became trend in public discussion. This article is limited to share information about Trend in IPR Education, Training and Research based on the experience in Indonesia.
The Optimization Of Knowledge Resources Through Tailor-Made Intellectual Property And Contract Law In Indonesia, Hayya Ul-Haq
The Optimization Of Knowledge Resources Through Tailor-Made Intellectual Property And Contract Law In Indonesia, Hayya Ul-Haq
Indonesian Journal of International Law
This article tries to elaborate legal protection for the optimalisation of production and dissemination of sources and products of knowledge such as information, knowledge, biodiversity, genetic resources, traditional knowledge and folklore. This protection was aimed to create wider public access towards sources and products of essential knowledge particularly in the field of food, agriculture, health and education in order to ensure the living sustainability. The main issue in this article is to review the existence of exclusive rights and freedom of the contract and to elaborate the regime model of intellectual property rights and contract that is suitable to the …
Perlindungan Atas Merk Terkenal, Frans H. Winata
Perlindungan Atas Merk Terkenal, Frans H. Winata
Indonesian Journal of International Law
The function of a mark is not only distinguish a product from another product, but also to be priceless asset for a company, especially for a well-known mark. What is still being debated today is the definition of a well-known mark. The measure to be used is still unclear. The government really needs to be pushed to immediately issue a Government Regulation regarding well-known mark. This Government Regulation on well-known marks will not only become a proof of the government’s seriousness in protecting the owner of intellectual property rights, but it will also be regarded as the government’s effort to …
Trade Union Rights In The European Internal Market: The Laval And Viking Cases, Frank Hendrickx
Trade Union Rights In The European Internal Market: The Laval And Viking Cases, Frank Hendrickx
Indonesian Journal of International Law
Viking case and Laval case are two recent European Court cases regarding the right to strike. In both cases, the court concluded that the concerned strike action were in collation of EU law. This article discusses the Viking and Laval cases by putting them into perspective on how European Social Policy stands in contrast with the provision and directive on international market on the free movement of services in the European Law.
How Low Can Labor Law Go? Informalisation Of Work And It’S Impact Upon Woman Workers In Indonesia, Surya Tjandra, Rita Olivia Tambunan
How Low Can Labor Law Go? Informalisation Of Work And It’S Impact Upon Woman Workers In Indonesia, Surya Tjandra, Rita Olivia Tambunan
Indonesian Journal of International Law
This article discuss about the development of labor law since the reformation and debating that non-formal job has been the main art of the labor law reformation from 1998, where made three new labor law, there are in 2000 and 2004. This article divided in three sections, the first is to explain about Indonesia and the labor law system in Indonesia, the second is discussing the impact of the new labor law, and the third is analyzing the impact from of the non-formal job, in this case are women and children in general, and in the East Java’s plantation project …
Sekuritasasi Dan Upaya Peningkatan Perlindungan Terhadap Tenaga Kerja Indonesia Di Malaysia, Syamsul Hadi
Sekuritasasi Dan Upaya Peningkatan Perlindungan Terhadap Tenaga Kerja Indonesia Di Malaysia, Syamsul Hadi
Indonesian Journal of International Law
This article discuss about Indonesian worker in Malaysia, with point of view Malaysian and Indonesian government perspective in handling Indonesian illegal workers. In science context, problem about immigrant workers flipped away an issue about human security that have been one of the most important thing in international relations.
Tanggung Jawab Dan Peranan Dewan Keamanan Perserikatan Bangsa-Bangsa Dalam Memelihara Perdamaian Dan Keamanan Internasional, Marthinus Omba
Tanggung Jawab Dan Peranan Dewan Keamanan Perserikatan Bangsa-Bangsa Dalam Memelihara Perdamaian Dan Keamanan Internasional, Marthinus Omba
Indonesian Journal of International Law
The main aim of the establishment of the United Nations is to maintain international peace and security based on the experiences of the First and Second World War, which being sorrow to mankind. The changing of the political map after Second World War and cold war; the making and trading modern weapons affect the United Nations responsibility. There was a critism, that the United Nations Security Council has not done yet its main tasks i.e. the maintenance of international peace and security. Thus, in this article, the writer wants to describe: the development of the stricture of the United Nations …
Indonesian Labor Reform Since 1998, Aloysius Uwiyono
Indonesian Labor Reform Since 1998, Aloysius Uwiyono
Indonesian Journal of International Law
The development of labor law in the world essentially influenced by the newest models in industrial relations in each county. In general, there are two models, Corporatist Model/Regulatory Model and Contractual Model. The first model frequently meets in the countries whose use the civil law like France, Netherlands, Germany, and Indonesia, while the second model frequently meet in common law countries like the United States of America’s, England, Australia, and Malaysia. Based on the two theories above, this article will discuss how the development of the reformation of labor law in Indonesia especially since the reformatioan in 1998.
The European Union And Employment Law, R. Blainpain
The European Union And Employment Law, R. Blainpain
Indonesian Journal of International Law
This article discuss about the labor law in the European Union, where the provision is regulate and bind the member states. But, the European Union has many of the members is trying to unite the difference in the national law of member states. Otherwise, this article also discuss how the labor agreement status between the states in Europe.
The Fifa Regulations On The Labor Regulations And Transfer Of Player, Michele Colucci, Felix Majani
The Fifa Regulations On The Labor Regulations And Transfer Of Player, Michele Colucci, Felix Majani
Indonesian Journal of International Law
Like a job in general, the athletes like a footballer bend to the regulations. There are some regulations for them and their boss (clubs), in the international level there are the regulations made by Federation Internationale de Football Association (FIFA). This article is trying to analyze how the FIFA regulations about the employment relations between the club and player by taking the case from two main international arbitration court, the FIFA Dispute Resolution Chamber and the Court of Arbitration of Sport.
Beberapa Catatan Atas Permasalahan Treaty Di Indonesia, Ko Kwan Sik
Beberapa Catatan Atas Permasalahan Treaty Di Indonesia, Ko Kwan Sik
Indonesian Journal of International Law
It is always interesting to analyze how a state treats a treaty which has been ratified in its own national legal system. Recently there was a seminat organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia. This article tries to answer certain important questions arising in the practives of Indonesian government toward application of treaties, including those issues relating to the Law No.24 Year 2000 on Treaties, as provided in the Term of Reference (TOR) of the Seminar [Editorial Note]
Bilateral Cooperation Between Indonesia And Malaysia In Combating Transnational Crime, Muhammad Mustofa
Bilateral Cooperation Between Indonesia And Malaysia In Combating Transnational Crime, Muhammad Mustofa
Indonesian Journal of International Law
This paper us discuss that bilateral cooperation between Indonesia and Malaysia in combating transnational crime or trans-border crime. First of all, it should be based on understanding the root of the problem in trans-border crime problems. Furthermore, the effective bilateral cooperation can occur when notice the same aspects in the definition of the crime, the existence of law, the recognition of the evidence, extradition agreement, and the network information between the states.
Kajian Akademis (Teoritis Dan Praktis) Atas Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional Berdasarkan Hukum Perjanjian Internasional, I Wayan Partiana
Kajian Akademis (Teoritis Dan Praktis) Atas Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional Berdasarkan Hukum Perjanjian Internasional, I Wayan Partiana
Indonesian Journal of International Law
There are a lot of various toward The Law on Treaties which has been enacted by the Government of Indonesia back in 2000, including whether it has been implemented properly or interpreted correctly. This article tries to discuss certain academic analysis upon the Law No. 24 Year 2000 on Treaties from the Law of Treaties point of view.
Kedudukan Hukum Internasional Dalam Sistem Hukum Nasional, Melda Kamil Ariadno
Kedudukan Hukum Internasional Dalam Sistem Hukum Nasional, Melda Kamil Ariadno
Indonesian Journal of International Law
In every discussion regarding international law principles, the doctine of applicaion of treaties in national legal system, as usually reffered as the relaton between international law and national law, always becomes the major topic. States have its own way to determine the relation between two legal systems, as to consider which treaties would be directly applied in national legal system and which ones would need implementing regulations after its ratification.
Hukum Yang Dipergunakan Dalam Kontrak Dagang Internasional, Sri Laksmi Anindita
Hukum Yang Dipergunakan Dalam Kontrak Dagang Internasional, Sri Laksmi Anindita
Indonesian Journal of International Law
International business contract basically is an agreement between two or more parties which has certain commercial value, where there is a foreign element. Nevertheless, the party in the international business contract has to be a legal entity which has the capability to act before the law. Furthermore, drafting an international business contract should not breach the regulation that govern the parties and formal regulation as where the contract is signed and prevailed. In an international business contract, it is common to mention the dispute settlement mechanism and the choice of law which will be used if a dispute arises. The …
Catatan Atas Masalah Aktual Perjanjian Internasional, Hikmahanto Juwana
Catatan Atas Masalah Aktual Perjanjian Internasional, Hikmahanto Juwana
Indonesian Journal of International Law
The matter of treaty is always be interesting to discuss, especially when it somes to the question whether a state will regard a treaty which has been ratified as a part of national law that could be directly executed or not. Many opinions from various experts have been spelt out in different media. This article will discuss various aspects of treaty especially in Indonesian legal system, which was previously presented in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia.
Berbagi Isu Aktual Dalam Pelaksanaan Undang-Undang Perjanjian Internasional, Achmad Zen Umar Purba
Berbagi Isu Aktual Dalam Pelaksanaan Undang-Undang Perjanjian Internasional, Achmad Zen Umar Purba
Indonesian Journal of International Law
Despite controversial issue upon the implementation of the Law No. 24 Year 2000 on treaties, the treaty itself was a high achievement in Indonesian national legal system. This article explains certain matters arising in the implementation of treaties in Indonesia. The thoughts were given in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia.
Status Hukum Perjanjian Internasional Dalam Hukum Nasional Ri Tinjauan Dari Perspektif Praktek Indonesia, Damos Dumoli Agusman
Status Hukum Perjanjian Internasional Dalam Hukum Nasional Ri Tinjauan Dari Perspektif Praktek Indonesia, Damos Dumoli Agusman
Indonesian Journal of International Law
It is always interesting to compare between academic analysis and practical matter in implementing treaties in Indonesia. This article tries to overview treaties and its relevant affairs from practical perspective which of course will enrich the discussion of treaty implementation and pinpoint what aspects should be further scruitnized.
Peninjauan Ulang Ketentuan Retaliasi Sebagai Reformasi Aturan Penyelesaian Sengketa Wto, Tri Hernowo
Peninjauan Ulang Ketentuan Retaliasi Sebagai Reformasi Aturan Penyelesaian Sengketa Wto, Tri Hernowo
Indonesian Journal of International Law
Remedies system in form of suspension of concession or retaliation under current WTO rules encounters some drawbacks for developing and least developed countries. Theoretical and empirical analysis suggests that retaliation barely exercise its rataliation right as the cose exceeds the benefit. Thus, the reformation of DSU rules is crucial, especially to amend Article 22 of Dispute Settlement Understanding.
Implementation Of The 1958 New York Convetion In Several Asian Countries: The Refusal Of Foreign Arbitral Awards Enforcement On The Grounds Of Public Policy, Erman Rajagukguk
Implementation Of The 1958 New York Convetion In Several Asian Countries: The Refusal Of Foreign Arbitral Awards Enforcement On The Grounds Of Public Policy, Erman Rajagukguk
Indonesian Journal of International Law
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards Year 1958 or better known as the New York Convention 1958 until now has ratified by 125 countries including Asian Countries, like Indonesia, China, India, Japan, Korea, and Singapore. Through this convention, the arbitral awards can be implemented in the countries where the assets executed by the mechanism from each country. So, the domestic court of the party of the convention given the rights to refuse the recognition and enforcement of the foreign arbitral awards with the reason of public order. That reasons then be the problems where the …
Strategi Indonesia Dalam Menghadapi Tirani Perdagangan Bebas, Syahmin A. K.
Strategi Indonesia Dalam Menghadapi Tirani Perdagangan Bebas, Syahmin A. K.
Indonesian Journal of International Law
In Indonesia, the implementation of dumping policy based on the Customs Act Number 10 Year 1995 and its regulation. However, this Act was regarded insufficient, the Indonesian Government therefore created the Import and Repayment Duties of Antidumping Regulation Number 34 Year 1996. This Regulation reffered to the provisions under Article VI of the GATT 1994, which is Multilateral Trade Agreement (MTA) in the GATT/WTO system. To implement the GATT/WTO obligations, on the October 10th 2000, Indonesian Ministry of Industrial and Trade under its Provision Number 427/MPP/Kep/10/2000, established the Indonesian Antidumping Committee (Komite Anti Dumping Indonesia/KADI). This committee responsible to execute …
The Wto Dispute Settlement System Issues On Implementation, Yetty Komalasari Dewi
The Wto Dispute Settlement System Issues On Implementation, Yetty Komalasari Dewi
Indonesian Journal of International Law
The 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, …
Perdagangan Bebas (Free Trade) Dalam Perspektif Keadilan Internasional, Ade Maman Suherman
Perdagangan Bebas (Free Trade) Dalam Perspektif Keadilan Internasional, Ade Maman Suherman
Indonesian Journal of International Law
International trade law is to serve as an effective vehicle for the development of a truly global social and economic policy. As is seems destined to do, there must be a clearly articulated normative framework for the analysis of international trade law as a matter of justice. Due to that argument, international trade law can not be separated from international legal system which should be built under the construction of justice theory, that heavily influenced by the development of utilitarian, libertarian, international trade law should be based on the efalitarian theory that advocared by Rawls.
Gugatan Warga Dan Tanggung Jawab Negara Dalam Pemenuhan Hak Atas Pendidikan, Muhammad Ahsri
Gugatan Warga Dan Tanggung Jawab Negara Dalam Pemenuhan Hak Atas Pendidikan, Muhammad Ahsri
Indonesian Journal of International Law
Right to education, as one of the universe human rights, has been recognized by international community as one of fundamental right. This right brings obligation to government of a State to fulfill education need to its citizens. However, there are problems to fulfill education need. This article tries to examine on how and whether citizens could establish state responsibility in right of education fulfillment. It can be argued that even though the obligation of this right has been changed from “obligation to result” to “obligation to conduct” and it was already maintained by the court, Indonesian citizens are still difficult …