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Articles 1 - 30 of 291
Full-Text Articles in International Law
From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan
From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan
Indonesian Journal of International Law
The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 enshrines that the moon as a Common Heritage of Mankind (CHM), which highlights equitable sharing. This is considered a reason why the Agreement only attracted 17 member States. In order to return to the moon by 2028, the United States arranged the Artemis Accords. This non-binding arrangement discusses the utilization of space resources and the non-appropriation principle under international space law. The Artemis Accords can be interpreted as a subsequent practice related to space law treaties. However, the accord excludes the Moon Agreement, which …
Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar
Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar
Indonesian Journal of International Law
Naz Khatoon Modirzadeh published an article criticizing the Third World Approaches to International Law (TWAIL) movement for its purported inability to achieve its purpose as a response to one of the major international law decolonization projects. One of her criticisms is that TWAIL lacks a cohesive counter-vision of international law, actual representation of third-world views, and organized political movements. Within the heavily diverse (which is one of the problems) TWAIL camp, among others, is the voice of Islamic law. Most Muslim nations have been at the receiving end of the brute force of colonialism. Colonialism is, in fact, responsible for …
After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey
After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey
Indonesian Journal of International Law
Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …
Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar
Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar
Indonesian Journal of International Law
International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …
The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro
The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro
Indonesian Journal of International Law
This study aims to analyze the impact of international trade liberalization on oil and gas management policies in developing countries, with a focus on Indonesia as a case study. As a country rich in natural resources, Indonesia faces challenges in maintaining sovereignty over the management of its national oil and gas industry amidst commitments to international trade agreements such as the GATT/WTO. Through a qualitative approach and analysis of international agreement documents, national regulations, and oil and gas industry data, this study finds a significant influence of trade liberalization principles on oil and gas management policies in Indonesia. The results …
Climate Refugees And The Global Common Concern: ‘Rethinking Responsibility Sharing’ In International Law, Saheli Chakraborty, T.V.G.N.S Sudhakar
Climate Refugees And The Global Common Concern: ‘Rethinking Responsibility Sharing’ In International Law, Saheli Chakraborty, T.V.G.N.S Sudhakar
Indonesian Journal of International Law
Climate change is a fervently sought manifestation that has disproportionately impacted human rights. Amongst galore impediments, climate change has left an indelible mark on human mobility. The climate change-induced migrants, compelled to move beyond the borders, are caught in a double-edged sword. The foremost starts with the ‘’recognitional void” under the refugee law regime. At the outset of differential recognition, the scale of an apprehensive crisis is further questionable. However, acknowledging that no state can protect climate refugees nor address climate change alone, the need for responsibility sharing has been suggested as a sustainable contrivance in approach to the contemporary …
Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S
Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S
Indonesian Journal of International Law
The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …
Mapping The Mechanism For Trade Dispute Resolution In The Bilateral Free Trade Agreement Between Indonesia And Partner Countries, Garuda Wiko, Fatma Muthia Kinanti
Mapping The Mechanism For Trade Dispute Resolution In The Bilateral Free Trade Agreement Between Indonesia And Partner Countries, Garuda Wiko, Fatma Muthia Kinanti
Indonesian Journal of International Law
Indonesia actively promotes international trade liberalization through various free trade agreements (FTAs) with partner nations. This study focuses on the dispute settlement mechanisms (DSM) within Indonesia’s bilateral FTAs, given that most partners are members of the World Trade Organization (WTO), making this relevant comparison. The research is divided into three main parts: explaining international trade dispute settlement mechanisms, mapping DSMs in Indonesia’s FTAs, and a comparative analysis. It aims to answer how dispute settlement mechanisms are structured in Indonesia’s bilateral FTAs. Based on the mapping, it is found that the majority of Indonesia’s bilateral FTAs align with WTO dispute resolution …
Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan
Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan
Indonesian Journal of International Law
The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian …
Investment Arbitration: On The Availability Of The State Counterclaim, Syamsul Maarif, Latif Mustofa, Alfi Husni
Investment Arbitration: On The Availability Of The State Counterclaim, Syamsul Maarif, Latif Mustofa, Alfi Husni
Indonesian Journal of International Law
This paper explores the availability and significance of state counterclaims in international investment arbitration, a mechanism typically perceived as favoring investors. While investor-state dispute settlement (ISDS) provides foreign investors with powerful legal recourse, it has led to concerns over the asymmetry in investor-state relations, often perceived as skewed against host states. By allowing states to file counterclaims, a more balanced and sustainable arbitration framework can be achieved, discouraging baseless claims and promoting fairness. The analysis draws on arbitration rules of major tribunals, including the ICSID and UNCITRAL frameworks, and reviews notable cases such as Metal-Tech v. Uzbekistan, Al-Warraq v. Indonesia, …
Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni
Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni
Indonesian Journal of International Law
The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law …
Legal Implications Of The Mauritius V Maldives Case On The Delimitation Of Archipelagic States, Aishath Ruhsha Nasheed, Mohd Hisham Mohd Kamal
Legal Implications Of The Mauritius V Maldives Case On The Delimitation Of Archipelagic States, Aishath Ruhsha Nasheed, Mohd Hisham Mohd Kamal
Indonesian Journal of International Law
Maritime boundary delimitation is a complex field of international law characterized by uncertainty and unpredictability. Historically, States have relied on case law to develop and elaborate on the ambiguous provisions stipulated under the United Nations Convention on the Law of the Sea (UNCLOS) concerning maritime boundary delimitation. However, case law related to the maritime delimitation of archipelagic States is limited, leading to conflicting interpretations of the basic principles of maritime delimitation in the context of archipelagic States. This paper aims to examine the legal implications of the latest Mauritius v. Maldives case on the maritime boundary delimitation of archipelagic States. …
The Structural Obligations Approach To Human Rights, David Birchall
The Structural Obligations Approach To Human Rights, David Birchall
Indonesian Journal of International Law
This paper starts from the observations that access to socio-economic rights is retrogressing in many wealthy states and that human rights argumentation is failing to address the causes of this retrogression. The paper locates a core reason for this failure in an imbalance between narrow but forceful claim rights and inclusive but imprecise structural approaches. It builds a form of rights practice that merges the strength of each approach. It is predicated on five key principles: structural obligations should identify discrete rights-based problems that engender specific obligations upon feasibly obligated duty-bearers to make practicable changes to conduct to realise rights …
Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa
Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa
Indonesian Journal of International Law
This research aims to analyze the supervision policies of charitable organisations in Indonesia, particularly in the context of preventing terrorism financing, and comparing them to international provisions, such as the Financial Action Task Force (FATF). It also explores the oversight practices in other countries to identify the best practices that Indonesia can adopt. The research addresses two key questions: (1) How do Indonesia’s supervision policies for charitable organisations prevent terrorism financing? (2) How do Indonesia’s supervision practices compare with international standards in preventing terrorism financing? This study uses a normative juridical approach, focusing on legislative and comparative methods. Primary legal …
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
Indonesian Journal of International Law
On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Indonesian Journal of International Law
The Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is …
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Indonesian Journal of International Law
The year 2025 marks the thirtieth anniversary of the Srebrenica genocide. This article aims to revisit and give an overview of the critical points of the judgment in the case of Bosnia and Herzegovina v Serbia and Montenegro (Judgment), related to the application of the Convention on the Prevention and Punishment of the Crime of Genocide that was conducted before the International Court of Justice. The case (also known as the Bosnia v Serbia case) was brought to an end by the Judgment in 2007, drawing a mixed response. The main points of contention in the Judgment are related to …
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Indonesian Journal of International Law
To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016, imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 percent to 43.20 percent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation …
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Indonesian Journal of International Law
The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Indonesian Journal of International Law
The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has …
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Indonesian Journal of International Law
Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …
Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar
Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar
Indonesian Journal of International Law
The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its …
Bebas-Aktif: On The Law Of Neutrality Applicable To Indonesia, Arie Afriansyah, Hitoshi Nasu
Bebas-Aktif: On The Law Of Neutrality Applicable To Indonesia, Arie Afriansyah, Hitoshi Nasu
Indonesian Journal of International Law
Tensions have heightened in the Indo-Pacific, with the People’s Republic of China engaging in aggressive behaviors in the South China Sea, confronting India in border disputes, and poising itself for a forcible unification of Taiwan in the midst of a great power competition with the United States. While the situation remains precarious, it is imperative for Indonesia to consider how it might position itself if a large-scale armed conflict erupted in the region. Indonesia could plausibly maintain a neutral status without taking part in hostilities, pursuant to its long-standing “free-active” foreign policy. In such a case, the law of neutrality …
Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal
Bbnj Agreement And The Negotiation Process: An Analysis From Developing Country Perspective With Special Focus On Indonesia, Simi K K, Kavitha Chalakkal
Indonesian Journal of International Law
The governance of marine genetic resources from areas beyond national jurisdiction (ABNJ)and regulating access to this regime in all available and existing forms is a core issue before international policymakers. The recently concluded BBNJ Agreement negotiations for the conservation and sustainable use of marine biological resources from areas beyond national jurisdiction was a platform to negotiate for a new legal instrument to address the core issues related to marine diversity from ABNJ, as agreed under the UNGA Resolution 72/249 to address the problems identified in the 2011 package. Defining MGRs and developing appropriate access and benefit-sharing mechanisms for marine biological …
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
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
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 …
Extraterritorial Jurisdictions: Implementation Of Foreign Public Officials In United States, United Kingdom, And Indonesia, Jamin Ginting, Raden Febriarto Fadjar, Patrick Talbot
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
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
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
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 …