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Articles 211 - 240 of 291
Full-Text Articles in International Law
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Indonesian Journal of International Law
In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of …
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
Indonesian Journal of International Law
After the 9/11 attack, the US government called upon global war on terror (GWOT). Then terrorism has been considered as a threat of global security. It is, therefore, has led both national and international concern under US hegemony. Furthermore, it has affected the proliferation of many national counter-terrorism laws. The terrorist attacks have threatened Indonesia over years. Under the act No.15/2003 jo No.1/Prp/2002 the Indonesian government has successfully conducted prosecutions to the terrorism perpetrators. However, it is identified that there are such violations regarding to international human rights rules and standards. The concern in handling terrorism demands a balance concern …
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesian Journal of International Law
Within the framework of national integrity the ocean possesses two key aspects that is, of security and prosperity. The demarcation of the outer limits of national mari- time territory and jurisdiction including delimitation of boundaries with neighboring countries will provide a legal basis for a number of marine activities such as defense, fisheries, navigation, seabed and subsoil exploration and exploitation, marine tourism and others. Boundary issues for Indonesia, whether on land, at sea even in the air, have always been a matter of national priority. At present, Indonesia still have some unresolved boundary delimitation with its neighboring countries. The completion …
From Bali To Copenhagen: Indonesia's Position And Role In International Negotiation To Establish A Post-Kyoto Protocol Agreement On Climate Change, Syamsul Hadi
Indonesian Journal of International Law
In the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, …
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Indonesian Journal of International Law
The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Indonesian Journal of International Law
There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi …
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, Li Enshen
Indonesian Journal of International Law
Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues …
State Sovereignity In Airspace, Priyatna Abdurrasyid
State Sovereignity In Airspace, Priyatna Abdurrasyid
Indonesian Journal of International Law
This article concentrates on the overall development of the historical air sovereignty concept since the time of Socrates/Plato, Ptolemius, Copernicus, Galilei-Galileo, Einstein and Stephen Hawkings. In 1994, finally, this air sovereignty concept was strongly embedded in Article 1 of the Chicago Convention 1944, after being analyzed/regulated at the Diplomatic Conference and the Paris Convention 1919.
Kewenangan Electoral Management Bodies Dalam Menangani Tindak Pidana Pemilu Dalam Perspektif Perbandingan, Topo Santoso
Kewenangan Electoral Management Bodies Dalam Menangani Tindak Pidana Pemilu Dalam Perspektif Perbandingan, Topo Santoso
Indonesian Journal of International Law
This article discusses the role and power of the electoral management body regarding settlement of election irregularities. Every jurisdiction has its own approach and mechanism to prevent, oversee, and punish the perpetrator of the election irregularities and election offences. This article overview the differences of the Electoral Body’s role and power in the election offences settlement process. The conclusion is that, the role and power of the Philippine’s Electoral Commission (Comelec) is the widest and strongest compare to three other countries (Indonesia, Malaysia, Singapore). In order to have more effective settlement process, this article comes to the conclusion that the …
Wilayah Udara Negara (State Air Territory) Ditinjau Dari Segi Hukum Internasional Dan Nasional Indonesia, E. Saefullah Wiradipradja
Wilayah Udara Negara (State Air Territory) Ditinjau Dari Segi Hukum Internasional Dan Nasional Indonesia, E. Saefullah Wiradipradja
Indonesian Journal of International Law
The status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it …
Strategi Pengelolaan Dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, Dan Operasional, Mufti Makaariim
Strategi Pengelolaan Dan Pertahanan Wilyaha Perbatasan Udara Republik Indonesia: Tantangan Aspek Politik, Yuridis, Dan Operasional, Mufti Makaariim
Indonesian Journal of International Law
This article is written in order to answer an issue management and defense in Indonesian air territory. Nowadays, we need to build management strategy and defense system to dealing with threat in the decent manner. Defense system in territory is less adequate compared to defense system at land and sea. Thus, every obstacles starting from political level and legislation must be our concern. Defense system in the air territory must also be our future priority regarding the use of natural resources for the benefit of Indonesian people.
Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya Dan Menjaganya?, Harry P. Haryono
Wilayah Udara Indonesia: Sudahkah Kita Memanfaatkannya Dan Menjaganya?, Harry P. Haryono
Indonesian Journal of International Law
Controversy always occurs in outerspace discussion where is no official definition of outerspace in any international regulations. The provisions set in Chicago Convention are also not enough to define the meaning of air space of a country and how to use it properly. Still controversy came one after another. In the absence of this provision, State often use other International Convention as an analogy to define their air territory such as UNCLOS 1982. Indonesia as an archipelagic state, who brings the issue of archipelagic state to the Third UN Conference on the Law of the Sea, has done many efforts …
Status Hukum Pulau-Pulau Terluar Indonesia, Arif Havas Oegroseno
Status Hukum Pulau-Pulau Terluar Indonesia, Arif Havas Oegroseno
Indonesian Journal of International Law
Outer islands play important role to determine national boundaries. Legal status of ninety-two outer islands in Indonesia creates the basic law for Indonesia to be acknowledged as the Archipelagic State. Since the decision from International Court of Justice which won Malaysia over the Sipadan and Ligitan case on the basis of effective occupation, Indonesian people are having highly concerned on effective occupation. Effective occupation is an international law doctrine which arises from law of ancient Rome. Effective occupation is an administrative act without physical occupation. It can be applied to terra nullius territory. This paper discusses over the effective occupation …
Maritime Security Issues In Southeast Asia, An Indonesian Perspective, Nugroho Wisnumurti
Maritime Security Issues In Southeast Asia, An Indonesian Perspective, Nugroho Wisnumurti
Indonesian Journal of International Law
In this globalize world the new threats to security are civil violence, transnational organized crime, terrorism and weapons of mass destruction, poverty, deadly infectious disease and environmental degradation. Transnational Organized Crime emerges into a serious threat to national and international security and stability with an increasingly adverse economic and social impact on States and civil society. This paper will discuss maritime security issues relevant to the situation in Southeast Asia, particularly in Indonesia and in the Straits of Malacca and Singapore. This article will focus on trafficking in persons in the context of maritime security and its challenges in the …
Upaya Diplomatik Indonesia Dalam Penetapan Alur-Alur Laut Kepulauan Indonesia (Alki), Etty R. Agoes
Upaya Diplomatik Indonesia Dalam Penetapan Alur-Alur Laut Kepulauan Indonesia (Alki), Etty R. Agoes
Indonesian Journal of International Law
Indonesia is the first Archipelagic State which proposed the establishment of archipelagic sea lane passage as governed in article 53 United Nations Convention Law of the Sea (UNCLOS) 1982. The author opined that basic principle pf Archipelagic State is the unity of land, water, and people. This article explains the archipelagic sea lane passage based on the UNCLOS 1982. Moreover, this article describes the Indonesian efforts on the establishment of archipelagic sea lane passage, includes Indonesian diplomatic effort, within International Maritime Organization.
Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom Di Indonesia, Rouli Anita Velentina, Lydya Hayaty
Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom Di Indonesia, Rouli Anita Velentina, Lydya Hayaty
Indonesian Journal of International Law
Improving legal certainty to attract foreign investment is very significant because it is one of very important consideration which involved in the decision to choose where to invest. In relation to legal certainty, an issue that has being discussed intensively is the investment conducted by Qatar Telecom, a big company form Middle East and a shareholder of PT. Indosat Tbk. The legal issue which arise is, Qtel would like to buy Indosat shares and increase its shares in PT. Indosat to be more than 50%. However under Presidential Regulation No. 111/2007, the maximum of foreign capital ownership limit in the …
Potret Hukum Pertambangan Di Indonesia Dalam Era Uu No. 4 Tahun 2009, Bambang Prabowo Soedarso
Potret Hukum Pertambangan Di Indonesia Dalam Era Uu No. 4 Tahun 2009, Bambang Prabowo Soedarso
Indonesian Journal of International Law
According to Blackslaw dictionary, the definition of Mining law is the act of appropriating a mining claim (parcel of land containing precious metal in its soil or rock) according to certain established rule. Basically, State is entitled full authority to explore and exploit their natural resources. In practice, State is represented by company to explore and exploit its natural resources. Therefore, State creates mining law to provide basic principles and to regulate activities on mining industry. This article provides a full picture of the Indonesian mining law industry from many aspects, start from the colonial period until the present tie.
Regulation Of International Straits, Hasjim Djalal
Regulation Of International Straits, Hasjim Djalal
Indonesian Journal of International Law
Generally this article discusses regulation on international strait which involves the straits of Malacca and Singapore. With regard to the straits used for international navigation, the 1982 UNCLOS prescribes the rights and obligations of the States bordering the straits as well as the users in transip passage. This article describes the problems of the straits of Malacca and Singapore which mainly lay on how to ensure safety and protect environment of the coastal States, Development od Cooperative Mechanism, bilateral cooperation, and new issues. In conclusion, the author share his lesson learned within the last decades on his experiences.
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 …
The Asean Secretariat And Legal Issues Arising From Asean Charter, Termsak Chalermpalanupap
The Asean Secretariat And Legal Issues Arising From Asean Charter, Termsak Chalermpalanupap
Indonesian Journal of International Law
There are three major issues embodied in the new ASEAN Charter. They are. Legal personality of ASEAN, previlages and immunities and dispute settlement mechanism. This article elaborates recent development of those three legal issues, as new legal tasks that ASEAN Secretariat has to carry out as the ASEAN Charter start to be entry into force. Nonetheless, ASEAN Secretariat faces many obstacles ahead particularly in building its human resources and seeking of the legal experts to carry the tasks which must be undertaken by the ASEAN Secretariat.
The Transparency Principle In The Framework Of The Wto, G. H. Addink
The Transparency Principle In The Framework Of The Wto, G. H. Addink
Indonesian Journal of International Law
In this contribution, the way in which the transparency principe – as it has developed in Dutch and European administrative law – can contribute to the realisation of more openness as regards the WTO will be discussed. The transparency principle is one of he pillar principles of good governance, principles which spearhead Dutch foreign policy. The lack of openness concerning the WTO has long been a concern of the international community and now propositions are being made – in this contribution as well – to further form the transparency principle in the WTO.
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.
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.
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.
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 …