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Articles 241 - 270 of 291
Full-Text Articles in International 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 …
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.
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 …
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.
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.
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.
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]
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.
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.
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 …
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.
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.
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 …
Pengakuan Dan Pelaksanaan Putusan Arbitrase Asing, Mutiara Hikmah
Pengakuan Dan Pelaksanaan Putusan Arbitrase Asing, Mutiara Hikmah
Indonesian Journal of International Law
Indonesia has ratified New York Convention on Recognition adn Enforcement of Foreign Arbitral Awards, 1958. This convention is sponsored by the United Nations. The ratification of that convention is proclaimed in The State Gazette 40, 1981 and President Dectee 34, 1981. Recognition and enforcement of foreign arbitral awards is also governed in Arbitration Act 1999. Yet, the court desicions seem not following the written law. It can be seen from some cases in Indonesia as explained in this article.
Perspektif Transaksi E-Commerce Di Era Globalisasi Perdagangan Bebas Dalam Hukum Perjanjian Di Indonesia, Rizal Alif
Perspektif Transaksi E-Commerce Di Era Globalisasi Perdagangan Bebas Dalam Hukum Perjanjian Di Indonesia, Rizal Alif
Indonesian Journal of International Law
In the era of business globalization, market depends heavily in the Information Technology (IT) especially the internet which gives benefits of time efficiency to entrepreneurs. In Indonesia, however, there is no legal certainty in this matter due to pending bills in the legislative body (DPR). Further, there are many more problems related to e-commerce transactions which frequently crossing the state-borders, such as jurisdiction, choice of law and forum, validity of treaty and legal protection to the trader. This article tries to discuss and analyze those problems from the Indonesian law on agreement in order to anticipate the global business transactions …
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, …
Evaluasi Atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional, Harry P. Haryono
Evaluasi Atas Pelaksanaan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional, Harry P. Haryono
Indonesian Journal of International Law
The Law Number 24 Years 2000 on International Agreement has been implemented for more than 5 years, thus the evaluation of its implementation needs to be done, whether it has accomplished its own purpose when it was made or not. The main point is the question does it have to be changed ? this article gives guidance through some questions to answer the main question. Some advices, such as how important is to make people who have the authority to construct international agreement understand what they have to do, and the background of the formulation of that Law, have been …
Proses Peacebuilding Di Aceh: Dari Mou Helsinki Menuju Implementasi Undang-Undang Tentang Pemerintahan Aceh, Aleksius Jemadu
Proses Peacebuilding Di Aceh: Dari Mou Helsinki Menuju Implementasi Undang-Undang Tentang Pemerintahan Aceh, Aleksius Jemadu
Indonesian Journal of International Law
The process of peacemaking in Aceh is based on the acceptance of the peace agreement signed by the Indonesian government and the Free Aceh Movement (GAM) in Helsinki on August 15, 2005. While the signing of the peace agreement were mainly determined by the negotiations between the two sides, the establishment of the Aeh Governance Law is entirely a different political process in the Indonesian parliament. The contestation of political and economic interests among political parties in the deliberative process of the law is inevitable. Thus, the content of the law should be seen as the result of a political …
Gats Dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan Dan Kepentingan, Adolf Warouw
Gats Dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan Dan Kepentingan, Adolf Warouw
Indonesian Journal of International Law
Trade in sevices, far more than trade in goods, is affected by domestic regulations. Many services sectors are highly regulated to ensure a certain level of quality, to protect consumers, environment, public health, or to pursue other social goals. Domestic regulations of all kinds can be drafted and applied in ways that directly or indirectly undermine international trade commitments. Trade rgeime would therefore seem to have legitimate interest in disciplining the use of such regulation. GATS aims at trade liberalization and expansion of trade, hence its central concern is to make sure that national regulation does not create unnecessary barriers …
The International Criminal Court: An Analysis Of Republican Liberalism Perspective, Bhatara Ibnu Reza
The International Criminal Court: An Analysis Of Republican Liberalism Perspective, Bhatara Ibnu Reza
Indonesian Journal of International Law
The establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia …
Access To Essential Medicine Issues And The Doha Declaration: Contents, The Legal Status And The Problems With Implementation, Tomi Suryo Utomo
Access To Essential Medicine Issues And The Doha Declaration: Contents, The Legal Status And The Problems With Implementation, Tomi Suryo Utomo
Indonesian Journal of International Law
The idea of the Doha Declaration was background by the protest of the developing countries who think the TRIPS Safeguards is not clear and not multi interpretation. The developing countries are trying to find a interpretation instrument to the TRIPS Safeguards that fulfill the requirements of international law, especially the Vienna Convention which set the Treaty Law and the negotiation legislative process based on the WTO decision making framework. In Doha Declaration, the developing countries reach the main purpose to find the explanation to the TRIPS Safeguards interpretation. Even in the future, the difference of the economic level, technology, and …
Contemporary Existance And Relevance Of The Law Of Use Of Force, The United Nations And The Un Charter, Arie Afriansyah
Contemporary Existance And Relevance Of The Law Of Use Of Force, The United Nations And The Un Charter, Arie Afriansyah
Indonesian Journal of International Law
The increasing number of the breaking of international law especially the use of military force by the States, the regulation in military violence in international relations is not relevant anymore. Even the United Nations and the provision in the Charter considered can not face the reality in the world right now. But, that opinion can not be justified because many of the states in the world always trying to find the justification in international law for all of the action by the states.
Perjanjian Internasional Yang Dibuat Oleh Organisasi Internasional, Sri Setianingsih Suwardi
Perjanjian Internasional Yang Dibuat Oleh Organisasi Internasional, Sri Setianingsih Suwardi
Indonesian Journal of International Law
Nowadays, International Organizations has been recognized as one of the international law subject after exceeded a long winding road. The logical consequence of the recognition is the capability of International Organization to construct an international agreement as well as a State has done. Nevertheless, there are still several mechanism differences between State and International Organization in construct an international agreement. The main difference is about who has the authority to make a deal in international agreement process. This article explores and analyzes the great effort of international organization to gain the recognition as one of international law subject, also the …
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum, Romli Atmasasmita
Ekstradisi Dalam Meningkatkan Kerja Sama Penegakkan Hukum, Romli Atmasasmita
Indonesian Journal of International Law
Law enforcement cooperation in international relations is crucial to determine on whether or not national law enforcement to transnational crimes is succeed. The oldest cooperation is extradition followed by other cooperation such as mutual legal assistance treaty, transfer of sentenced person, transfer of criminal proceedings, joint investigation and handing over. This article tries to examine the reasons why those kinds of agreement are needed in law enforcement cooperation. It specifically discuss on Indonesia’s experience in concluding those agreement with its neighboring states within ASEAN.