Pub Date : 2021-12-01DOI: 10.17304/IJIL.VOL4.4.162
Melda Kamil Ariadno
The United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by the stakeholders, and made Bush’s government make a new wood policy which regulates the reforestation and healthy forest programme. This article is trying to discuss the situation about the United States of America’s policy in wood production.
{"title":"Beyond the Northwest Forest Plan","authors":"Melda Kamil Ariadno","doi":"10.17304/IJIL.VOL4.4.162","DOIUrl":"https://doi.org/10.17304/IJIL.VOL4.4.162","url":null,"abstract":"The United States of America be the main actors in the wood industry. That condition has become a burden by the government of the United States of America because the increase the pressure from the expert in the environmental field, which more support do the reforestation rather than deforestation. The changing role from the main wood exporter to the main wood importer, caused the national market of the United States of America get a loss, like raise the price of wood product. The conflict between the United States of America with Canada related to wood product become a concern by the stakeholders, and made Bush’s government make a new wood policy which regulates the reforestation and healthy forest programme. This article is trying to discuss the situation about the United States of America’s policy in wood production.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":" 41","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72499984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Indonesian Government Participation in International Investment Law and Its Reform","authors":"Tito Bramantyo","doi":"10.17304/ijil.vol19.1.4","DOIUrl":"https://doi.org/10.17304/ijil.vol19.1.4","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85090783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A growing debate on the imposition of digital services tax emerged as one of the latest trade war battlegrounds. Indonesia and the European Union (EU) are among the countries that have taken unilateral actions to implement digital services tax. This paper examines (i) digital services tax regulation in Indonesia and the EU and (ii) whether the digital services tax regulation violates the non-discrimination principles of WTO according to the GATS. By comparing the statutory and practice of digital services tax in Indonesia and the EU, this work concludes that firstly, digital services tax in Indonesia is regulated by law, which implements significant economic presence (SEP) criteria. In the EU, digital services tax is regulated through the Council Directives and implements ring-fencing method as well as SEP criteria. Secondly, the non-discrimination principles in the GATS are promulgated in Article II concerning MostFavored Nation Treatment and Article XVII concerning National Treatment as well as relevant jurisprudence of WTO case laws. Indonesia and the EU’s digital services tax regulation are not discriminatory, because based on existing indicators, the existence of both de jure and de facto discrimination is not proven. This paper suggests that in the event that there are member states who decide to challenge the measures to the WTO, Indonesia and the EU should provide evidence that shows the absence of unfavorable treatment of certain WTO member states in digital services tax practices by Indonesia and the EU.
{"title":"DIGITAL SERVICES TAX REGULATION AND WTO NON-DISCRIMINATION PRINCIPLE: IS THE DECK STACKED?","authors":"Mutiara Elisabet, Y. Dewi","doi":"10.17304/ijil.vol19.1.2","DOIUrl":"https://doi.org/10.17304/ijil.vol19.1.2","url":null,"abstract":"A growing debate on the imposition of digital services tax emerged as one of the latest trade war battlegrounds. Indonesia and the European Union (EU) are among the countries that have taken unilateral actions to implement digital services tax. This paper examines (i) digital services tax regulation in Indonesia and the EU and (ii) whether the digital services tax regulation violates the non-discrimination principles of WTO according to the GATS. By comparing the statutory and practice of digital services tax in Indonesia and the EU, this work concludes that firstly, digital services tax in Indonesia is regulated by law, which implements significant economic presence (SEP) criteria. In the EU, digital services tax is regulated through the Council Directives and implements ring-fencing method as well as SEP criteria. Secondly, the non-discrimination principles in the GATS are promulgated in Article II concerning MostFavored Nation Treatment and Article XVII concerning National Treatment as well as relevant jurisprudence of WTO case laws. Indonesia and the EU’s digital services tax regulation are not discriminatory, because based on existing indicators, the existence of both de jure and de facto discrimination is not proven. This paper suggests that in the event that there are member states who decide to challenge the measures to the WTO, Indonesia and the EU should provide evidence that shows the absence of unfavorable treatment of certain WTO member states in digital services tax practices by Indonesia and the EU.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"213 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91154926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of the NYPE Inter-Club Agreement as a Modular Apportionment Mechanism for Cargo-Claims across Multiple Jurisdictions","authors":"Tiurma M. P. Allagan, M. R. Bayuputra","doi":"10.17304/ijil.vol19.1.3","DOIUrl":"https://doi.org/10.17304/ijil.vol19.1.3","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91171691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study used a legal framework developed by a recent scholarship to examine the protection of foreign investments in disputed maritime areas. The framework classifies these areas and establishes the jurisdictional challenges faced by investment tribunals in such constellations. For instance, there are high-profile foreign investments in the South China Sea (SCS) with significant threats of increasing escalation between SCS states. Therefore, this study aimed to examine investment protection in disputed waters of SCS using this framework. Since BITs of SCS states include maritime areas beyond the territorial sea in their territories, there is need to abide to international law. Therefore, tribunals are caught in a double bind when deciding on their jurisdiction. For instance, they need to assess whether disputed maritime areas fall under the BIT’s territorial scope of protection, conferring them to territorial jurisdiction. This necessitate the need to determine the maritime entitlements conformity with international law, which is against the scope of jurisdiction of the investment tribunal. The results showed that tribunals may not overcome this jurisdictional hurdle as a matter de lege lata. In this regard, de lege feranda are promising legal rationales to establish incidental jurisdiction over disputed maritime areas. Therefore, tribunals decide on their jurisdiction over investments in these areas.
{"title":"The Protection of Foreign Investments in Disputed Maritime Areas of The South China Sea","authors":"Anh Nguyen","doi":"10.17304/ijil.vol19.1.1","DOIUrl":"https://doi.org/10.17304/ijil.vol19.1.1","url":null,"abstract":"This study used a legal framework developed by a recent scholarship to examine the protection of foreign investments in disputed maritime areas. The framework classifies these areas and establishes the jurisdictional challenges faced by investment tribunals in such constellations. For instance, there are high-profile foreign investments in the South China Sea (SCS) with significant threats of increasing escalation between SCS states. Therefore, this study aimed to examine investment protection in disputed waters of SCS using this framework. Since BITs of SCS states include maritime areas beyond the territorial sea in their territories, there is need to abide to international law. Therefore, tribunals are caught in a double bind when deciding on their jurisdiction. For instance, they need to assess whether disputed maritime areas fall under the BIT’s territorial scope of protection, conferring them to territorial jurisdiction. This necessitate the need to determine the maritime entitlements conformity with international law, which is against the scope of jurisdiction of the investment tribunal. The results showed that tribunals may not overcome this jurisdictional hurdle as a matter de lege lata. In this regard, de lege feranda are promising legal rationales to establish incidental jurisdiction over disputed maritime areas. Therefore, tribunals decide on their jurisdiction over investments in these areas.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"73 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75279410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.17304/ijil.vol3.4.125
Zulfa Djoko Basuki
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, ths Law is considered inappropriate for current development, especially for women and children in the fairness to gain their nationality. This article analyzes the points that must be evaluated and fixed, also gives some recommendations how to solve the problems.
{"title":"Dampak Perkawinan Campuran Terhadap Pemeliharaan Anak","authors":"Zulfa Djoko Basuki","doi":"10.17304/ijil.vol3.4.125","DOIUrl":"https://doi.org/10.17304/ijil.vol3.4.125","url":null,"abstract":"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, ths Law is considered inappropriate for current development, especially for women and children in the fairness to gain their nationality. This article analyzes the points that must be evaluated and fixed, also gives some recommendations how to solve the problems.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84174769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.17304/ijil.vol7.3.239
Eddy Imanuel Dolok Saribu, R. A. Napitupulu
{"title":"IS THERE ANY REGULATION TO PROTECT PEOPLE WITH MENTAL DISORDERS IN INDONESIA? (CASE STUDY OF PASUNG)","authors":"Eddy Imanuel Dolok Saribu, R. A. Napitupulu","doi":"10.17304/ijil.vol7.3.239","DOIUrl":"https://doi.org/10.17304/ijil.vol7.3.239","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79893028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.17304/IJIL.VOL7.1.226
A. Z. U. Purba
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, whether it is in private or public domain.
{"title":"PRODUCTION SHARING CONTRACT: IS IT WITHIN PRIVATE OR PUBLIC DOMAIN?","authors":"A. Z. U. Purba","doi":"10.17304/IJIL.VOL7.1.226","DOIUrl":"https://doi.org/10.17304/IJIL.VOL7.1.226","url":null,"abstract":"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, whether it is in private or public domain.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82374171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.17304/ijil.vol4.4.164
R. Arif
{"title":"Dapatkah Anak Indonesia Diadopsi oleh Orang Asing Ditinjau dari Aspek Hukum Perdata Internasional","authors":"R. Arif","doi":"10.17304/ijil.vol4.4.164","DOIUrl":"https://doi.org/10.17304/ijil.vol4.4.164","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75972518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-12DOI: 10.17304/IJIL.VOL7.3.237
Judhariksawan
In international criminal law, there is a general principle applied that no one may be held accountable for an act that he has not performed. In the history of international humanitarian trials, there is an additional principle that nobody may be held accountable for criminal offences perpetrated by another person. But, with mandate and conclusion of Commission for Truth and Friendship between Indonesia and Timor Leste, there is no individual responsibility for gross violation of human rights.
{"title":"EXCLUSION OF INDIVIDUAL RESPONSIBILITY BY INDONESIA – TIMOR LESTE COMMISSION FOR TRUTH AND FRIENDSHIP","authors":"Judhariksawan","doi":"10.17304/IJIL.VOL7.3.237","DOIUrl":"https://doi.org/10.17304/IJIL.VOL7.3.237","url":null,"abstract":"In international criminal law, there is a general principle applied that no one may be held accountable for an act that he has not performed. In the history of international humanitarian trials, there is an additional principle that nobody may be held accountable for criminal offences perpetrated by another person. But, with mandate and conclusion of Commission for Truth and Friendship between Indonesia and Timor Leste, there is no individual responsibility for gross violation of human rights.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80275259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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