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Articles 271 - 291 of 291
Full-Text Articles in International Law
Peran Internasional Criminal Court Dan Kejahatan Terhadap Kemanusiaan Oleh Militer, Teguh Sulistia
Peran Internasional Criminal Court Dan Kejahatan Terhadap Kemanusiaan Oleh Militer, Teguh Sulistia
Indonesian Journal of International Law
Human rights violations become an interesting topic in this 21st century along with emerging respects for civil rights for every violent action. Every person has freedom from persecution and violence either by militia or military force. This can be seen from the establishment of the International Criminal Court (ICC) to prosecute war crimes and crimes against humanity. These efforts are aimed to those who are violating human rights especially by the military force which they can be brought the ICC for their actions.
Sovereign Rights Oveer Indonesian Natural Resources: An Archipelagic Concept Of Rational And Sustainable Resource Management, Mochtar Kusumaatmadja
Sovereign Rights Oveer Indonesian Natural Resources: An Archipelagic Concept Of Rational And Sustainable Resource Management, Mochtar Kusumaatmadja
Indonesian Journal of International Law
This article is discussing about the problems in environmental, ecology, and oceanography, and the potential of South China Sea and the seas surroundings for the development of marine research and also for the environmental in that area protection.
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Zen Umar Purba
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Zen Umar Purba
Indonesian Journal of International Law
Following the end of World War II and the colonialism era, developing and less developed counries became more aware of the need to protect the natural resources in their region, and started to strife for political independence. In the course of this development there is no doubt that there countries still need assistance from developed countries, which in this case are “represented” by multinational companies. The relationship between these two entities – countries and multinational companies – has been growing in a unique way. This condition influences the growth of the protection of its own interests that pertain to this …
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Arsegianto Arsegianto
Economic And Legal Views Of Depletion Premium In The Extraction Of Petroleum Resources, Arsegianto Arsegianto
Indonesian Journal of International Law
Production Sharing Contract (PSC) has become the model of contract of th upstream petroleum sector in Indonesia. Based on Act No. 22 Year 2001, the activity in oil and gas in upstream sector can run if there a cooperation contract whose it can be the production sharing contract or another form of cooperation contract, that it can bring more the profit to the state. In the management of the natural resources like oil and gas, it must have the allocation of the usage costs or depleting premium for replacing the taking of the a unit whose caused a lot of …
Indonesian’S Natural Gas: Production, Reserves, And Challenges, Bambang Widarsono
Indonesian’S Natural Gas: Production, Reserves, And Challenges, Bambang Widarsono
Indonesian Journal of International Law
In the last few years it has occurred the decreasing of Indonesia’s oil production in national scale in 10% per year. At the same time the situation of the national gas showing the increasing of the production and the backup. The production rate can be maintained and the backup even can show the growth from year to year. The analysis of the history of the production and the backup, exploration activity, and the comparison between the discovery of the oil and gas in the recent years underlying that the oil can be the sources of energy and the income for …
Desentralisasi Yang Mengarah Ke Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsi Negara, Edie Toet Hendratno
Desentralisasi Yang Mengarah Ke Sistem Federal Dan Pengaruhnya Terhadap Pelaksanaan Fungsi Negara, Edie Toet Hendratno
Indonesian Journal of International Law
Article 18 Paragraph (5) of the 1945 Constitution of the Republic of Indonesia stipulates that the local administration (regional government) can implement autonomy as wide as possible, except for the administration affairs that are stipulated as the (central) government’s affair. This stipulation contains the principle of the transfer of the reserve of powers of the government to the local administration. The same goes with the decentralization policy in Act 22/1999 on Local Administration, as well as other legislations like the Act on Special Autonomy for Nanggroe Aceh Darusalam and Papua. They contain saome federal arrangement. The decentralization process that leads …
Election Offences As The Ground Of Election Petition: A Comparative Analysis, Topo Santoso
Election Offences As The Ground Of Election Petition: A Comparative Analysis, Topo Santoso
Indonesian Journal of International Law
This article is intended to compare the regulation about the criminal offence of general elections to be able to file a lawsuit. The main question is what is the legal basis to file a general election lawsuit in Indonesia, Malaysia, Singapore, and Philippine. Does the criminal offence of general elections be the one reason for having a general election lawsuit? In this research proved that in Indonesia the legal basis of the general election lawsuit only the presence of error of the counting the general election results by the Commission of General Election (KPU), so the general election cannot be …
Dumping Dalam Perdagangan Internasional Dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization, Christophorus Barutu
Dumping Dalam Perdagangan Internasional Dan Mekanisme Penyelesaian Sengketa Dumping Melalui World Trade Organization, Christophorus Barutu
Indonesian Journal of International Law
Dumping practices have been known as unfair trade practices that results serious injury in international trade. It could cause results serious injury pr threaten injury for industry and in the long term can form barrier to domestic industry from the dumping effects. Accordingly, the protection often causes dispute between government of one country and the business players of other country, and vice versa. World Trade those disputes by creating Dispute Settlement Body (DSB). This dispute settlemnet system is expected to be the best solution on handling and settling disputes concerning dumping and to serve a good justice in international trade …
Beberapa Aspek Kenisbian Dan Kesamaran Perjanjian Internasional, Ko Swan Sik
Beberapa Aspek Kenisbian Dan Kesamaran Perjanjian Internasional, Ko Swan Sik
Indonesian Journal of International Law
The article does not purport to analyse an international law problem relating to a speific international agreement, nor does it pretend to develop any theoritical paradigm. It merely puts on stage the apparently clear and simple notion of international agreement while at the same time confronting the reader with its essenially relative nature by signalling the many ambiguities and ambivalences hidden behind the term. The author’s sole intention is to invite the reader’s attention to this feature of relativity so as to prevent him from taking the concept of international agreement too easily for granted. The following aspects relating to …
Hubungan Indonesia-Malaysia: Memerlukan Perspektif Dan Kebijakan Baru?, Zainuddin Djafar
Hubungan Indonesia-Malaysia: Memerlukan Perspektif Dan Kebijakan Baru?, Zainuddin Djafar
Indonesian Journal of International Law
The relationship between Indonesia-Malaysia in 2005 and 2006 id quite problematic concerning three main issues: illegal migrant, illegal logging, and Ambalat’s dispute. Historically, there were disputes which broke up the relationship between the two countries in 1963 until 1966. Forty years later (1996-2006), three main issues occured, which have no correlation with formerly disputes. Those issues have become significant after Indonesia entered multidimensional crisis in 1997-1999 and the effects remain. At the other side, Malaysia has reached rapid growth in economic, business, manufacture, and financial in the last past seven years. These two realities of circumstances have become Indonesia and …
Globalisasi, Netwar, Dan Isu-Isu Strategis Di Asia Pasifik, Bantarto Bandoro
Globalisasi, Netwar, Dan Isu-Isu Strategis Di Asia Pasifik, Bantarto Bandoro
Indonesian Journal of International Law
Nowadays, globalization gives impact to security, either national or international because of developments of science, technology, and human movement. There are five main issue in international society as consequences of globalization, which are drugs dealer, small arms trafficking, infringement of intellectual property rights, people smuggling, and money laundering. Furthermore, there is new terminology, called netwar, which is occured because of the development of information technology and being used to break up the nationaland international security. Basically, a non-traditional security matter is not a new issue. It is just a local issue, which does not get public awareness but globalization has …
Indonesia Dan Komunitas Asean, Faustinus Andrea
Indonesia Dan Komunitas Asean, Faustinus Andrea
Indonesian Journal of International Law
The article discusses the role of Indonesia in the ASEAN Community and its implications on political and security cooperation in the region. The ASEAN Community can be designed to form a new pattern of balance of power in the region. The leaders of the Southeast Asian countries realize that it is strategically important for ASEAN to establish a regional instrument to overcome the security challanges arising from new regional interactions. Indonesia with the establishment of ASEAN Security Community can play a role as an anchor of regional stability in the Asia Pacific through multilateral structure. This shoud be the priority …
Penegakan Rasa Aman Melalui Intervensi Kemanusiaan, Anna Erliyana
Penegakan Rasa Aman Melalui Intervensi Kemanusiaan, Anna Erliyana
Indonesian Journal of International Law
When a state has no longer guaranteed the implementation of personal rights, social contract automatically will decease. The decease of social contract will cause the failing of state sovereignty. In this case, state is no longer has philosophic fundamental as supporting state. As a consequence of a state cannot protect its citizens’ rights, the enforcement of state sovereignty merely can be done through external hand; this is the part when the role humanity begins to play. Humanity intervention will automatically stop when the norm and humanity law are enforced in the state and social contract are reconstructed.
Otoritas Pemerintah Daerah Dalam Konteks Hukum Internasional Tinjauan Hukum Otonomi Daerah, Safri Nugraha
Otoritas Pemerintah Daerah Dalam Konteks Hukum Internasional Tinjauan Hukum Otonomi Daerah, Safri Nugraha
Indonesian Journal of International Law
The Development of Democracy principles in Indonesia has promoted the policy of regional autonomy based on regional interest. The policy of regional autonomy needs to be supported by legal infrastructure in order to provide the certainty of the legal principle and justice value. In relation to the recent global development, the international relationship particularly in term of economic and business field is significantly developed to the sophisticated situation. Therefore, it is highly important to do in depth research on the functions and the relations between the central and the regional authorities concerning on their competency to establish an international relationship. …
Hubungan Indonesia – Amerika Yang Tidak Mudah, Sayidiman Suryohadiprojo
Hubungan Indonesia – Amerika Yang Tidak Mudah, Sayidiman Suryohadiprojo
Indonesian Journal of International Law
In this era of Globalization relation among states have become much more important than before. No nation can afford to isolate itself without harming its national interests. Among the relations of Indonesia with many nations in the world, relation with the US definitely belongs to the most important ones, many factors are bringing about this necessity, in particular geostrategic factors. However, Indonesia-US relations have never been an easy matter, ever since the proclamation of the Republic Indonesia in 1945. The US wants to influence developments in Indonesia, aiming to bring it on its side. Indonesia-US relations imporved in 1965 when …
Preparing For The Challange Of Governance In International Economic Relations In The 21st Century: A Plea To The Indonesian Legal Profession, H. S. Kartadjoemena
Preparing For The Challange Of Governance In International Economic Relations In The 21st Century: A Plea To The Indonesian Legal Profession, H. S. Kartadjoemena
Indonesian Journal of International Law
It is a common knowledge that globalization has connected the relations between states, organizations, economists, and also the interaction between them. This following article, as already stated on the title, is very influencing and challenging, and also at the same time pushing the jurists in Indonesia to involve in international forums on this 21th century. Although the role of jurists in Indonesia isless significant concerning the consequences of the weakness of legal system order in Indonesia, but they have to be prepare facing the issues as the concequences of globalization and the growing of international organizations, such as: WTO, ASEAN …
Sistem Perdagangan Multilateral Dalam Kerangka Wto Suatu Observasi Terhadap “Rule-Based System”, Adolf Warouw
Sistem Perdagangan Multilateral Dalam Kerangka Wto Suatu Observasi Terhadap “Rule-Based System”, Adolf Warouw
Indonesian Journal of International Law
The multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not …
Trips And Developing Countries, A. Zen Umar Purba
Trips And Developing Countries, A. Zen Umar Purba
Indonesian Journal of International Law
The World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer …
International Trade Indicators, 2003: Indonesia, Agus Brotosusilo
International Trade Indicators, 2003: Indonesia, Agus Brotosusilo
Indonesian Journal of International Law
Being obsessed by the desire and willingness to implement liberal economic system for more than thirty years under dictator leaders, the national regulations in Indonesia have led toward the liberalization on trade by its executive and legislative bodies. Those kind of actions are a prove that the government is not aware with the way of living of Indonesian people, which is based on spiritual values. There is a huge gap between the legal system order and regulations with the culture of Indonesian people, and it would lead to the growth of corruption, collusion, and nepotism (KKN) in many sectors of …
Persaingan Usaha Di Forum Wto Dan Perlunya Ketentuan Mengenai M&A, Djunari I. Waskito
Persaingan Usaha Di Forum Wto Dan Perlunya Ketentuan Mengenai M&A, Djunari I. Waskito
Indonesian Journal of International Law
Two issues leading to the collapse of the 5th WTO ministerial meeting in Cancun, Mexico, are agricultural issue and Singapore Issues. There are four sub-issues on Singapore Issues, which are Trade and Competition Policy, Trade and Investment, Transparency on Government Procurement and Trace Facilitation. The issues on competition policy are some ambiguities such as the coverage of hardcore cartel provisions and the differences on the articles or business practices which can be considered as rule of reason. The most crucial on handling competition case is analyzing relevant market consisting product market and geographical market. Related to the Indonesian competition law, …
Statement On The Third United Nations Conference On The Law Of The Sea In Caracas, July 15th 1974, Mochtar Kusumaatmadja
Statement On The Third United Nations Conference On The Law Of The Sea In Caracas, July 15th 1974, Mochtar Kusumaatmadja
Indonesian Journal of International Law
No abstract provided.