International Law Commons^™

Indonesia’S Archipelagic State Status: Current Development, Dhiana Puspitawati

Indonesian Journal of International Law

A crucial, almost revolutionary, development in the international law of the sea was the recognition of archipelagic state principles within the United Nations Convention on the Law of the Sea 1982 (LOSC). The essential features of archipelagic state principle laid down by Part IV of LOSC include permission to draw straight archipelagic baselines around the outermost points of the outermost islands of archipelagos; and the recognition of the new and distinct legal regime of archipelagic water for the waters thus enclosed of a nature designed to accommodate the interests of maritime user states, that are states which carry out certain …

Connecting Indonesia’S Maritime Cabotage And The 1982 United Nations Convention On The Law Of The Sea, Nilam Andalia Kurniasari

Indonesian Journal of International Law

On 7 May 2008, Indonesia enacted Law 17/ 2008 on Shipping (Shipping Act) which substituted Law 20/1992 on Shipping. In the new Shipping Act, maritime cabotage is scheduled to take its full effects on 7 May 2011, exactly three years after its enactment. By the scheduled time, domestic seaborne transportation in Indonesian territorial waters shall be carried out by Indonesian shipping companies, using Indonesian-flagged vessels manned by Indonesian citizens. As a result, foreign flagged vessels will be excluded from transporting goods and/or passengers between islands or ports within Indonesian territorial waters. Among the important reasons for the implementation of this …

Validity Of Digital Signature As Evidence In Electronic Commerce, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

Trade is a way to promote economy, recognized that trade is important, urge the emergence of new trading concept. Electronic Commerce is the succumbed attendance of faceless trading. Alongside the development of technology, crimes also develop rapidly. Cyber crime is the type of crime in the virtual world. Recognized this problem, the appearance of security system in cryptography is well developed. Digital Signature is the manifestation of cryptography in asymmetric cryptosystem. Ironically well problem solving of this condition is not entails with its position as evidence in electronic contract. In evidence law, the presence of digital signature is approved as …

Indonesian First Experiences In Delineating Extended Continental Shelf Submission To The Unclos, Sobar Sutisna, Sora Lokita

Indonesian Journal of International Law

The international law, in particular the Law of the Sea Convention (hereinafter: LOSC), has provided a progresive development to Indonesia in the context its territory and jurisdiction. Indonesia as one of the parties of the United Convention on the Law of the Sea 1982 has the right to establish its maritime zones in accordance with the convention. One of those maritime zones is the continental shelf. The delineation of the outer limit of the continental shelf is referred to Article 76 of LOSC. With that regard, Indonesia has just recently completed a process of the first partial submission of its …

Global Administrative Governance: Liberalization Of Government Procurement In Third World Countries, Ade Maman Suherman

Indonesian Journal of International Law

Globalization and the rise of global governance are transforming the structure of International law. From the perspective of the classical, interstate consent-based international law, global governance may still appear merely as a quantitative increase in international legal instruments. On the other hand, some requirement for adoption international law is needed, particularly through a classic scheme for binding force of international law into national legal system. Classic method means that such agreement which is concluded by states. One of the interstate consent based international law is Government Procurement Agreement (GPA) which legally binding agreement in the WTO focusing on the subject …

The 2001 Cape Town Convention On International Interests In Mobile Equipment/The Aviation Protocol And Relevant Issues In Indonesian Aviation Law, Mieke Komar Kantaatmadja

Indonesian Journal of International Law

The 2001 Cape Town Convention provides a mechanism for recognizing and recording international security interest in high- value moveable equipment. However, Law No.83 of 1958 did not mention the recording of secured private rights or security interests in aircrafts. Furthermore, Law No.15 of 1992 on Airport Transportation succeeded Law No.83 of 1958 which contained some rules on secured rights in aircraft. Chapter X of the new law no 1 of 2009 on Aviation could be regarded as the implementation of the Ratified Cape Town Convention and its Protocol. Does it mean that a national interest should be registered in the …

Perspectives On Enhancing Safety And Security In Indonesian Waters, Kresno Buntoro

Indonesian Journal of International Law

The Indonesian waters are for world seaborne trade, naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess …

Cyber Terrorism Prevention And Eradication In Indonesia And Role And Functions Of Media, Edmon Makarim

Indonesian Journal of International Law

The objective of terrorist is to create widespread fear to the society. This issue has then direct or indirect influent to the role of print and electronic media. Nowadays, the terrorist acts are carried out not only with physical violence but also by non-physical means through the medium of internet as a global communication. The main question is, whether terror groups could be protected as part of the freedom of expression. This article discusses mainly on the prevention and eradication of cyber terrorism in Indonesia and its relations to the role and function of Media.

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

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

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

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

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

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

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

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

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

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

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

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

Indonesian Journal of International Law

No abstract provided.

Putusan Mi Atas Pulau Sipadan Dan Ligitan, Hikmahanto Juwana

Indonesian Journal of International Law

No abstract provided.

Arbitrary Detention In The Counter-Terrorism Context: Standards For The Un Working Group On Arbitrary Detention, Aleena Nasir

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Francisco De Vitoria’S Normative Ideas And The Beginnings Of International Law: A Colonial Ethnocentric Discourse, Or A Bona Fide Effort To Construct Just International Norms?, Yuri G. Mantilla

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Confronting Space Debris Through The Regime Evolution Approach, Gershon Hasin

International Law Studies

This article examines the complex policy problem of space debris and elaborates a proposal for a bottom-up cooperative regime for its mitigation. While debris proliferation generates costs and threatens the safety of personnel and equipment, this policy problem is compounded by the realization that debris constitutes a by-product of desirable space activities which facilitate national progress and domestic increases in values. It is further complicated by increased private participation, conflicting interests of participants, and a global order susceptible to outlier behavior.

Scholars attempting to tackle this policy problem have failed to appreciate the complex legislative process through which international rules …

America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel

Other Publications

No abstract provided.

The Role Of International Law In The Food–Energy–Water Nexus, Waseem Ahmad Qureshi

Buffalo Environmental Law Journal

The current relationship of water, food, and energy is deeply entangled as it functions within different sectors, such as industry and agriculture, the latter of which water is essential for irrigating crops. Similarly, adequate water storage facilities are also required for hydroelectricity generation. Moreover, in many regions, electrical energy is used to operate tube wells for extracting groundwater to irrigate crops for food. Within the intricate nature of the mutual relationship of water, energy, and food, each plays its role in ensuring the security of the others. For instance, both energy security and food security are dependent upon water security, …

“I Want Justice From People Who Did Bad Things To Children”: Experiences Of Justice For Sex Trafficking Survivors, John G. Morrissey, James Havey, Glenn M. Miles, Nhanh Channtha, Lim Vanntheary

Dignity: A Journal of Analysis of Exploitation and Violence

This research from the Butterfly Longitudinal Research Project focused on understanding the experiences and perceptions of justice and the justice system for 93 Cambodia participants (including 88 survivors of sex trafficking) as they navigated the legal system. Thirty-two of these survivors had experiences in court and provided details into their courtroom experiences, predominantly within Cambodia but also in the United States. The survivors’ experiences were diverse; however, the prevailing themes were: fear throughout their legal journeys; a low level of awareness and understanding of their legal experiences; and that NGO support was essential for these survivors to engage in the …

Carbon Accounting By Public And Private Financial Institutions: Can We Be Sure Climate Finance Is Leading To Emissions Reductions?, Martin Dietrich Brauch, Emily Spittle

Columbia Center on Sustainable Investment Staff Publications

To further and fully understand how to plan for the decarbonization of mining value chains, we need better data on carbon and other greenhouse gas (GHG) emissions. However, neither consumers, corporates, or financial institutions know the embodied emissions in the products they produce or sell. While methods like life-cycle analysis and environmental product declarations exist, none use a verifiable, comparable, or widely adopted emissions reporting framework capable of sending supply chain signals.

To truly reform material supply chains, new solutions for markets, capital, and policy are required. COMET (the Coalition on Materials Emissions Transparency) – an alliance launched at Davos …

New Tech, New Deal: Mining Policy Options In The Face Of New Technology, Isabelle Ramdoo, Aaron Cosbey, Jeff Geipel, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Throughout the history of mining, technological innovation has played a vital role across all cycles of mining projects. The new wave of technological adoption is a combination of evolutionary and revolutionary technologies, with an increasing focus on the latter. An acceleration in investments in disruptive technologies in recent years has seen the large-scale mining sector finally catching up with a dynamic that has already advanced in many other sectors. The reasons for this shift include more difficult geology, declining ore deposits, the need to reverse a secular decline in productivity, the need to improve safety for mine workers, a need …