Pengaturan Perang Dan Konflik Bersenjata Dalam Hukum Humaniter Internasional,
2021
Universitas Indonesia
Pengaturan Perang Dan Konflik Bersenjata Dalam Hukum Humaniter Internasional, Teguh Sulistia
Indonesian Journal of International Law
War and armed conflicts have been the major problems in international law especially for their dejected impacts such as physical, psychological, and material loss for the victims. Wars and armed conflicts are subject to international humanitarian law so that people are protected from the soldiers’ violence where they kill each other in defending their national interests. Humanitarian law also has a purpose to protect wounded soldiers and prisoners of war from inhuman treatments. However, these wars and armed conflicts shoul be prevented because they have more disadvantages than advantages to human beings.
Doha Development Agenda Negotiations On Agriculutal Sector,
2021
Universitas Indonesia
Doha Development Agenda Negotiations On Agriculutal Sector, Asiantono Siambella
Indonesian Journal of International Law
When Doha Round offically opens in Doha, Qatar in November 2001, the parties of the WTO agreed the round named by Doha Development Agenda (DDA). The majority developing countries argues that the previous round was created the regulations whose just make the developed countries gain more profit and dominate global trade. This article gave the information on the DDA development in agriculture, in order to increase the reformation in agriculture to get the fair and equal global trade system, this article gave the proportional picture and position whose shown by the developing countries in the WTO rounds in 3 problems, …
Pertanian Indonesia Dalam Perundingan Aturan Perdagangan Internasional,
2021
Universitas Indonesia
Pertanian Indonesia Dalam Perundingan Aturan Perdagangan Internasional, Delima Hasri Azahari, Iskandar Panjaitan
Indonesian Journal of International Law
It is a paradox that Indonesian agriculture would prefer a market oriented condition to enhance its economic performance but at the same time it requires at significant degree of Government intervention to maintain its economic and non-economic goals to face with economic globalization. The existence of market imperfection as an argument of government intervention on agricultuer of developing countries and it is being worsened by biased trade policies applied by developed countries. By realizing its unfaded importance, Indonesia should see the paradox and consider i then makeing position for negotiations on market liberaliazation of agriculture.
Kepentingan Pertanian Indonesia Dalam Perdagangan Internasional,
2021
Universitas Indonesia
Kepentingan Pertanian Indonesia Dalam Perdagangan Internasional, Anton Apriyantono
Indonesian Journal of International Law
Trade on Agriculture has been reformed since January 1995. It was a resultof Uruguay Round and staed on Agreement on Agriculture. However, its implementations have given negative aspects to developing countries. It was caused by the malfunction of specific protection mechanism. Besides, special and differential treatment, created by developed countries, is not implemented effectively. Accordingly, sector on Agriculture has been being negotiated since the Doha Round in 2001.
Workers`S Rights According To Islamic Law Persepective (The Principle Of Mudharabah) That Can Be Applied In Trade And Investment Agreements,
2021
Universitas Indonesia
Workers`S Rights According To Islamic Law Persepective (The Principle Of Mudharabah) That Can Be Applied In Trade And Investment Agreements, Gemala Dewi
Indonesian Journal of International Law
The practice of Foreign Direct Investment (FDI) in developing countries often cause the labor problems, such as the labor on strike demanding higher wages or the severance pay as the results of the “down-sizing” whose made changes etc. In the country who has inadequate labors regulation or even does not have a strong labors union, it is difficult to enforce the rights of the labors. With the extreme separation position system between the labors and the employer, the problem is always decreasing, so the concept of alternative working relationship to solve this problem. The mudharabah principle in working agreement may …
Perlindungan Tahanan Pada Kamp-Kamp Penahanan Amerika Serikat,
2021
Universitas Indonesia
Perlindungan Tahanan Pada Kamp-Kamp Penahanan Amerika Serikat, Yasmine Ms Soraya
Indonesian Journal of International Law
On May, 19th 2006, UN Anti-Torture Committee delivered a report that suggest a closing of the Guantanamo detention camp. The government of the United States of America then look an action by establishing the Law on Interrogation. The law stipulates several principles such as interrogation method and trial on terrorism that somehow legalizes the use of any means of force in such process. Another possibility that is stipulated in the Law is a conviction even the evidence is not visible. Tje protection of prisoner in the United States of America’s detention camp is regulated by both International law and national …
Karakteristik Tindak Pidana Dalam Statuta Icc Dan Dampak Pembentukan Pengadilan Pidana Internasional (Icc) Terhadap Perkembangan Hukum Pidana,
2021
Universitas Indonesia
Karakteristik Tindak Pidana Dalam Statuta Icc Dan Dampak Pembentukan Pengadilan Pidana Internasional (Icc) Terhadap Perkembangan Hukum Pidana, Romli Atmasasmita
Indonesian Journal of International Law
International community has emphasized their commitment to combat “the most serious crime of the concerns to the international regarding the nature and the characteristic of such crimes that are often misunderstood amongst the professionals in Indonesian criminal law. Those differences lead to subsequent conquences on state’s criminal jurisdiction, particularly after considering the trans-boundary nature of such crime. The establishment of the International Criminal Court has created a new legal institution in international criminal law. It has reflected a significant change of criminal law that have been recognized since the 18th century.
Problem Of Human Rights In World Politics: Three Indonesian Case Studies,
2021
Universitas Indonesia
Problem Of Human Rights In World Politics: Three Indonesian Case Studies, Aleksis Jemadu
Indonesian Journal of International Law
The problems of human rights in the global political arena makes the interaction between the actors, even it is a state or non-state after the end of the cold war. In this article, the perspective of international and domestic is used to discuss the extent of the human rights affect those actors. In an international perspective, the emerging of global terrorism threat is start by the September 11th 2001 accident whose be the new challenge for the promotion of human rights because the dominant states will feature the domestic security and international instead of the honor of the human rights. …
Human Rights In Indonesia,
2021
Universitas Indonesia
Human Rights In Indonesia, Hikmahanto Juwana
Indonesian Journal of International Law
Indonesia is the parties of international convention on human rights. Indonesia has raised the problems of human rights from its constitution, even the problem is not the main concern. Another aspect which has the important role to the protection of human rights besides the substantive law is the institution, either it is a government institution or non government institution, whose dealing with the human rights problem. The National Commission on human rights (KOMNASHAM) is the first government institution whose established for handling the problems of human rights.
Perlindungan Hak-Hak Perempuan Dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional Tentang Hak Asasi Manusia,
2021
Universitas Indonesia
Perlindungan Hak-Hak Perempuan Dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional Tentang Hak Asasi Manusia, Mutiara Hikmah
Indonesian Journal of International Law
Mixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly.
Traktat Internasional Dan Paradoks Globalisasi,
2021
Universitas Indonesia
Traktat Internasional Dan Paradoks Globalisasi, Emmy Yuhassarie Ruru
Indonesian Journal of International Law
Since the creation of means of transportation to transfer people from one place to another, there was an indication of the ambiguity of State’s intention in international relation. State’s or Government’s motivation to interact with foreign party has always been triggered by the direct or indirect needs of such State or Government. It can be based on plenty of reasons such as expansion, trade, inexpensive human resources, negotiation, or investment reason and so forth. In many interests, State has acted or functioned as an intermediary. Following the colonization period, each State’s interaction will be based on its free will and …
Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak,
2021
Universitas Indonesia
Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak, Zulfa Djoko Basuki
Indonesian Journal of International Law
Nationality is a basic need for everyone who lives in this world because of its effect. Nobody can live without nationality. It gives protection and certainty to fulfill the needs of human being. At implementation level, nationality can bring some rights and some obligations. To convince it will run smoothly, nationality has its own rule and principle. It is different between one country and another but the principle can be categorized into two, which are ius sanguinis or ius soli. Indonesia bases its nationality rule or ius sanguinis principle, as embodied in Law Number 62 Years 1958 on Nationality. Unfortunately, …
Tindak Pidana Pencucian Uang,
2021
Universitas Indonesia
Tindak Pidana Pencucian Uang, Yunus Husein
Indonesian Journal of International Law
Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …
After Sale Service To Imported Goods In Realizing Law Enforcement Of Consumer Protection,
2021
Faculty of Law, Sam Ratulangi University, Indonesia
After Sale Service To Imported Goods In Realizing Law Enforcement Of Consumer Protection, Wulanmas A. P. G Frederik
Indonesian Journal of International Law
The prominent issue in globalization era is the emergence of great attention to the issues of the law enforcement of consumer protection and the distribution of the incoming imported goods freely to Indonesia. The impact of open economic embraced by Indonesia causes the swift flow of goods and service into Indonesian territory. The effect of Indonesia in international economy is insignificant, but in contrary, the effect of International economy to Indonesian economy is highly significant. Consequently, the insignificant Indonesian effect on international economy causes Indonesia is having difficulty to compete in international trade. Therefore, Consumer Protection Act becomes public needs …
The Law Of Satellite Communications: Filling In The Gaps,
2021
Universitas Indonesia
The Law Of Satellite Communications: Filling In The Gaps, Amir Hossein Mesgari Hagh, Reza Karam
Indonesian Journal of International Law
The modern international system of information and communication requires equal development of satellite communications on both legal and technical dimensions. Lack of regulations of satellite communications and inefficiency of present international law concerning, for example, the issue of non-interference in national sovereignty of nations has caused some countries to encounter many problems in different areas such as cultural invasion and the decline of nations’ sovereignty by satellite communications. In this article, suggestions are offered concerning the way governments and international organizations can help deal with the shortcomings related to the law of space. First, states’ responsibilities as to enacting rightful …
Legal Analysis On Interlink Between International And National Instruments Towards Woman Rights In Indonesia,
2021
Universitas Indonesia
Legal Analysis On Interlink Between International And National Instruments Towards Woman Rights In Indonesia, Tri Lisiani Prihatinah
Indonesian Journal of International Law
International instruments such as the Universal Declaration on Human Rights, the Internasional Covenants on Civil and Political Rights and Social and Cultural Rights, and the Convention for the Elimination of Discrimination Agaist Women (CEDAW) have led to what has been called a juridical revolution. Under these international instruments, the idea of all these rights including woman rights has been constitutionalized in almost all countries and practically all countries are now committed internationally to respect and ensure the woman rights of their citizens. In this paper international instruments relating the woman rights and their domestic enforceability are covered. Using juridical-normative approach, …
Indonesia’S Archipelagic State Status: Current Development,
2021
Universitas Indonesia
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,
2021
Universitas Indonesia
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,
2021
Universitas Indonesia
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,
2021
Universitas Indonesia
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 …
