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Articles 151 - 180 of 291
Full-Text Articles in International Law
Interrelations Between Human Rights And International Humanitarian Law According To Separation Wall Case, Wulan Kristianti
Interrelations Between Human Rights And International Humanitarian Law According To Separation Wall Case, Wulan Kristianti
Indonesian Journal of International Law
According to the ICJ, Israel has violated International Human Rights Law (IHRL) namely the right to liberty of movement under the 1966 International Covenant on Civil and Political Rights (ICCPR), the right to work, the right to health, the right to education, and to an adequate standard of living under the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC). This paper will discuss whether those norms are also covered under International Humanitarian Law (IHL) applicable in the occupied territory. It is without doubt that Geneva Convention IV …
Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan
Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan
Indonesian Journal of International Law
The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more …
Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal
Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal
Indonesian Journal of International Law
Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …
Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah
Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah
Indonesian Journal of International Law
International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …
Author's Right Is Not Only Copyright, Agus Sardjono
Author's Right Is Not Only Copyright, Agus Sardjono
Indonesian Journal of International Law
This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.
Can The Requirements Of Shariah Law Regarding Criminal Punishments Be Interpreted In A Way That Is Compatible With The Iccpr And Cat?, Alfitri Alfitri
Can The Requirements Of Shariah Law Regarding Criminal Punishments Be Interpreted In A Way That Is Compatible With The Iccpr And Cat?, Alfitri Alfitri
Indonesian Journal of International Law
Criminal law deals with the protection of public interests and values deemed to be crucial for a particular society. In Islam, these values are ascribed to the divine commands. Thus, there will be calls from some Muslims for the implementation of Islamic criminal law by the state for they believe that this is required by Islam. Can therefore the death penalty or corporal punishments required by the Shariah law be imposed by a state while they are in conflict with the state’s obligation to comply with international human rights instruments? This paper will analyze this uneasy situation faced by some …
Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno
Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno
Indonesian Journal of International Law
Maritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia.
Investing And Protection Of Investor In Stock Market, Adler Haymans Manurung
Investing And Protection Of Investor In Stock Market, Adler Haymans Manurung
Indonesian Journal of International Law
This paper discusses three areas, namely investment, investors’ characteristics, and a place of investment, which is stock market. In investing in stock market, investors need to utilize funds which are not currently used so they would not worry about the decrease value that may occur in a short term. Investors need to understand the risks which can be tolerated to invest. On the other hand, investors must be protected to prevent inappropriate transactions. Regulators must endorse rules regularly revised to suit the existing condition that can satisfy many parties.
Fundamental Changes Of International Economic Law: Challenges Toward Legal System Based On Fairness And Human Values, Adolf Warrouw
Fundamental Changes Of International Economic Law: Challenges Toward Legal System Based On Fairness And Human Values, Adolf Warrouw
Indonesian Journal of International Law
Economic globalization supported by the latest technology information and communication has brought major influence in the structure and substance of international law development. Such globalization leads to market integration, transportation system, and communication, which makes possible to companies, states, and individual to reach the world. This article explains on the fundamental challenges of international economic law to legal system based on fairness and human values.
Production Sharing Contract: Is It Within Private Or Public Domain?, Achmad Zen Umar Purba
Production Sharing Contract: Is It Within Private Or Public Domain?, Achmad Zen Umar Purba
Indonesian Journal of International Law
Investment is always requires government attention including on the oil sector. Production Sharing Contract (PSC) is an agreement constitutes the regime of utilizing the interest of state is constitutionally used to the greatest possible extent for the prosperity of the people. PSC is part of Foreign Direct Investment (FDI) since it involves the private equity of foreign investors. Thus, PSC in one hand is a private contract and it belongs to the private domain, in the other hand, state as the owner of natural resources is act as a party in this business transaction. This paper discusses Production Sharing Contract, …
National And International Cooperation In The Prevention And Eradication Of Money Laundering, Yunus Husein
National And International Cooperation In The Prevention And Eradication Of Money Laundering, Yunus Husein
Indonesian Journal of International Law
The Prevention and eradication of money laundering, as part of the new paradigm in the effort to combat crimes, has its own mechanism in both national and international cooperation, particularly in relation to information exchange. The cooperation is pursuant to a Memorandum of Understanding, but can also be simply pursuant to the principle of reciprocity among parties. Once effective, this cooperation will strengthen the performance of Indonesian Financial Transaction Report and Analysis Center (INTRAC/PPATK) in performing its duties and exercising its authority as the Financial Intelligence Unit.
Catatan Mengenai Konvensi Pbb Anti Kejahatan Transnasional Yang Terorganisir Dan Protokolnya, Rudi Rizki
Catatan Mengenai Konvensi Pbb Anti Kejahatan Transnasional Yang Terorganisir Dan Protokolnya, Rudi Rizki
Indonesian Journal of International Law
No abstract provided.
Sengketa Antara Malaysia Dan Singapura Tentang Aktivitas Reklamasi Pantai Di Dan Di Sekitar Selat Johor, Adijaya Yusuf
Sengketa Antara Malaysia Dan Singapura Tentang Aktivitas Reklamasi Pantai Di Dan Di Sekitar Selat Johor, Adijaya Yusuf
Indonesian Journal of International Law
No abstract provided.
Putusan Mi Atas Pulau Sipadan Dan Ligitan, Hikmahanto Juwana
Putusan Mi Atas Pulau Sipadan Dan Ligitan, Hikmahanto Juwana
Indonesian Journal of International Law
No abstract provided.
Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc
Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc
Indonesian Journal of International Law
No abstract provided.
Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan
Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan
Indonesian Journal of International Law
The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating …
Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim
Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim
Indonesian Journal of International Law
The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development …
The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin
The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin
Indonesian Journal of International Law
Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …
International Law Review In The Assassination Of General Qasem Soleimani, Dina Yulianti, Hasan Sidik, Mu'min Mu'min
International Law Review In The Assassination Of General Qasem Soleimani, Dina Yulianti, Hasan Sidik, Mu'min Mu'min
Indonesian Journal of International Law
International law is formed by the global community to establish legal rules, norms, and standards of behavior between sovereign nations to create a peaceful world order. However, since the world order is anarchy with no supreme executive authority, obedience and disobedience to international law often depends on the state’s power. For instance, the assassination of General Qasem Soleimani, a prominent Iranian general, by the US military in Iraqi territory sparked a debate about international law. This article shows that the US action violated International Humanitarian Law (IHL) and International Human Rights Law (IHRL). Additionally, it violated the UN Convention for …
Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer
Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer
Indonesian Journal of International Law
Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This …
Odious Debts: Issues In Law And Politics, Yvonne Wong
Odious Debts: Issues In Law And Politics, Yvonne Wong
Indonesian Journal of International Law
Odious sovereign contracts inhibit developing country growth. They cause money and resources to be improperly transferred from one country to an undeserving one. Think tanks and civil society actors have long suggested that Indonesia is plagued by a sizeable odious sovereign contract account. Policy makers and scholars continue to grapple with how the odious debts doctrine may operate in law to curb this important problem. Taking into account the lack of transparency in an odious contract setting, this paper proposes a new approach premised on principles of transparency, accountability and citizen participation in public contracts. In design, it proposes the …
Consignment In Land Acquisition, Are S. Hutagalung, Triska Sationo
Consignment In Land Acquisition, Are S. Hutagalung, Triska Sationo
Indonesian Journal of International Law
This paper provides an overview of land acquisition for public interest projects with a focus on a specific aspect of the process: the consignment of the compensation payment in court when an affected land owner rejects the compensation offered by the government institution that requires the land. Consignment has become a common practice in cases where the government and land owner can not reach a mutual agreement on land compensation during the negotiation time frame established by regulation. The first part of this paper presents some general facts about consignment and how it is regulated in Indonesia. The second part …
Paradigm Shift In The Implementation Of The Law Of The Sea In Indonesia, Tommy Hendra Purwaka
Paradigm Shift In The Implementation Of The Law Of The Sea In Indonesia, Tommy Hendra Purwaka
Indonesian Journal of International Law
Indonesia has experienced four times paradigm shift in the implementation of the law of the sea since it declared its archipelagic state principle in 1957 through the 1957 Djuanda declaration up to now. The shifting of paradigms can be viewed as a progressive development on the implementation of the law of the sea in Indonesia. The first paradigm was ocean space paradigm which was clearly shown in the 1957 Djuanda declaration and along the way of the diplomacy efforts of Indonesia in the first (1958), the second (1960) and the third (1982) UNCLOS. The first paradigm showed how Indonesian people …
The Obligation Not To Pollute: From Corollary Of State Sovereignty To The Right To A Decent Environment, Eliza Ruozzi
The Obligation Not To Pollute: From Corollary Of State Sovereignty To The Right To A Decent Environment, Eliza Ruozzi
Indonesian Journal of International Law
The paper deals with the evolution of the principle of international environmental law prohibiting the use of the territory of a State for activities which may damage the territory of another State. This principle started to develop in relation to strictly trans-boundary situations as a sort of corollary of the well-established principle of sovereignty of States over their territory. In the last decades, international law has been increasingly faced to contexts in which pollution concerns resources over which States have no jurisdiction, such as the atmosphere. Therefore the question arises as to whether these elements - as evidence of practice …
International Law Reform Towards The Flood Of Future Climate Change Refugees, Mohamed Mowjoon Athambawa
International Law Reform Towards The Flood Of Future Climate Change Refugees, Mohamed Mowjoon Athambawa
Indonesian Journal of International Law
The popularity of the term “climate change refugees” has been dramatically increasing with the awareness and the disaster of the global warming. The prophecy for mass forced migrations as the consequence of climate change is deplorable. A scandalous statistics revealed that 200 million people would become climate change refugees by 2050. However there is a huge fortification gap in the international legal system which addresses the climate change refugees. Recently academics, lawyers and governments have identified the issues related to climate change refugees and realized the urgency of the formation of policies regarding the protection of the climate change refugees …
Growth And Development Of Air And Space Law, Priyatna Abdurrasyid
Growth And Development Of Air And Space Law, Priyatna Abdurrasyid
Indonesian Journal of International Law
The article provides a brief background on the development of air and space law from the historical perspective. It concludes that the scientific discipline of air law can be dissected from several elements, namely geographical elements, temporal elements, personal elements, material elements, and functional elements. With regard to space law, the article provides its scientific development and its ramification to other disciplines, most importantly telecommunication law.
Open Skies Policy: The Developing Countries Point Of View, E. Saefullah Wiradipradja
Open Skies Policy: The Developing Countries Point Of View, E. Saefullah Wiradipradja
Indonesian Journal of International Law
The concept of open skies policy is an international policy concept which aims to liberalize of rules and regulations on international commercial aviation industry. For developed countries, by allowing air carriers unlimited market access to its partners’ markets and the right to fly to all intermediate and beyond points, open skies agreements provide maximum operational flexibility for airline alliances. They may have the best opportunities, as they will be able and in the best position to offer the best product to the better part of the air traffic market. On the contrary, for developing countries, open skies policy may cause …
Do The European And Dutch Rules On Variable Remuneration Of Financial Institutions Match And Can Remuneration Be Regulated On A European Level?, D. E. M. Kromwijk, W. J. Oostwouder
Do The European And Dutch Rules On Variable Remuneration Of Financial Institutions Match And Can Remuneration Be Regulated On A European Level?, D. E. M. Kromwijk, W. J. Oostwouder
Indonesian Journal of International Law
The special committee of inquiry into the financial crisis (Tijdelijke commissie onderzoek financieel stelsel), better known as the De Wit Committee was in charge of investigating for the second chamber of the Dutch Parliament how the credit crisis had originated and how a future crisis could be prevented. In its report, the Committee paid special attention to the influence of remuneration on the crisis. In its final report, three of the twenty five recommendations concerned remuneration. Not only in the Netherlands was there attention for the incentives of remuneration and their role in the credit crisis, but also in the …
The Echoes Of International Human Rights Law: In Perspective Of Law Enforcement Dimension To Deal With Irregular Immigrants In Indonesia, Muhammad Indra
The Echoes Of International Human Rights Law: In Perspective Of Law Enforcement Dimension To Deal With Irregular Immigrants In Indonesia, Muhammad Indra
Indonesian Journal of International Law
International human rights laws in the forms of United Nations Statues, International Conventions, Universal Declaration on Human Rights and other international law instruments have highlighted a guarantee of humanitarian protection which echoing human rights components without exception inborn to human being in particular refugees as the subject of international law. In managing minimum standard of rights and duties of a refugee and the judicial status of refugee under the protection of UNHCR and IOM humanitarian efforts within Indonesian territorial jurisdiction it is required the all of refugees and asylum seeker abide to national regulation and legislation formats while they are …
The Protection Of Traditional Knowledge Under Indonesian Patent Law: Between Opportunities And Challenges, Yulia Yulia
The Protection Of Traditional Knowledge Under Indonesian Patent Law: Between Opportunities And Challenges, Yulia Yulia
Indonesian Journal of International Law
The protection of traditional knowledge through patents is still an interesting issue on an international level. Indonesia revised Patent Law in 2016 (Law Number 13 of 2016 concerning Patent or Indonesian Patent Law). This Law has confirmed that patent is an exclusive right that the country gives for the inventor to the invention in technology, for a certain amount of time, to implement itself or give other parties to implement it. The patent can be submitted if required terms of the patent application, there are novelty, inventive steps, and industrially applicable. That provision cannot be fulfilled by traditional knowledge, where …