Pub Date : 2021-08-12DOI: 10.17304/IJIL.VOL7.1.229
S.H.Ll.M Melda Kamil Ariadno
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.
{"title":"MARITIME SECURITY IN SOUTH EAST ASIA: INDONESIAN PERSPECTIVE","authors":"S.H.Ll.M Melda Kamil Ariadno","doi":"10.17304/IJIL.VOL7.1.229","DOIUrl":"https://doi.org/10.17304/IJIL.VOL7.1.229","url":null,"abstract":"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.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81175655","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":"Serangan Israel Terhadap Lebanon dikaitkan dengan Prinsip-Prinsip Hukum Humaniter","authors":"S. Suwandi","doi":"10.17304/ijil.vol4.1.1","DOIUrl":"https://doi.org/10.17304/ijil.vol4.1.1","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89051661","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.VOL1.2.409
Yunus Husein
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 Tahun 2003. This article will describe the implementation of international law on money laundering in the list of non-cooperatives countries and territories (NCTT).
{"title":"Tindak Pidana Pencucian Uang","authors":"Yunus Husein","doi":"10.17304/IJIL.VOL1.2.409","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.2.409","url":null,"abstract":"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 Tahun 2003. This article will describe the implementation of international law on money laundering in the list of non-cooperatives countries and territories (NCTT).","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"435 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86850900","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.VOL1.1.201
Agus R. Sardjono
The government of Indonesia has given a protection for folklore in article 10 Undang-Undang Hak Cipta No. 19 Tahun 2002. It means the protection for forlklore is placed under Intellectual Property’s Regime. The protection is about the regulations of permission for using Indonesian folklore by foreigner but there are some problems occurs. Is it right or wrong to place folklore, there are no evidences to prove that a folklore belongs to, do not mind when the folklore is used by foreigner. This article is trying to give a possibility to solve those problems by seeing the folklore protection in China.
印度尼西亚政府在2002年8月颁布的《Undang-Undang Hak Cipta》第19号第10条中对民间传说进行了保护。这意味着民间传说的保护被置于知识产权制度之下。该保护是关于外国人使用印尼民间传说的许可规定，但也存在一些问题。放置民俗是对是错，没有证据证明某个民俗属于，不介意当民俗被外国人使用。本文试图通过对中国民间文学保护现状的考察，为解决这些问题提供一种可能。
{"title":"PERLINDUNGAN FOLKLORE: APAKAH REZIM HAK CIPTA MEMADAI?","authors":"Agus R. Sardjono","doi":"10.17304/IJIL.VOL1.1.201","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.1.201","url":null,"abstract":"The government of Indonesia has given a protection for folklore in article 10 Undang-Undang Hak Cipta No. 19 Tahun 2002. It means the protection for forlklore is placed under Intellectual Property’s Regime. The protection is about the regulations of permission for using Indonesian folklore by foreigner but there are some problems occurs. Is it right or wrong to place folklore, there are no evidences to prove that a folklore belongs to, do not mind when the folklore is used by foreigner. This article is trying to give a possibility to solve those problems by seeing the folklore protection in China.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"60 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78354269","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.VOL1.3.400
Etty R. Agoes
Since the succesful adoption of archipelagic state principle in the UNCLOS that was basically sponsored by states whose territory mostly consists of island or group of islands surrounding by sea, there are only nineteen countries out of twenty-four countries that can be considered as archipelagic state, that have enacted their domestic regulations governing their policy toward their sea territory. It can be said further that Indonesia is the only one of nineteen countries who has its domestic regulation in purpose to honor the obligations under Convention on the Law of the Sea 1982 (UNCLOS) and to build strong relationship with international organizations. Based on those facts, it seems that the successful of adopting the regime archipelagic state in international law arena has not been well followed by the support of domestic regulations beacuse of some kind of barriers in each country. Indonesia has to be patient for waiting other countries to handle out their problems and then implement their obligations like Indonesia does.
{"title":"PRAKTIK NEGARA-NEGARA ATAS KONSEPSI NEGARA KEPULAUAN","authors":"Etty R. Agoes","doi":"10.17304/IJIL.VOL1.3.400","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.3.400","url":null,"abstract":"Since the succesful adoption of archipelagic state principle in the UNCLOS that was basically sponsored by states whose territory mostly consists of island or group of islands surrounding by sea, there are only nineteen countries out of twenty-four countries that can be considered as archipelagic state, that have enacted their domestic regulations governing their policy toward their sea territory. It can be said further that Indonesia is the only one of nineteen countries who has its domestic regulation in purpose to honor the obligations under Convention on the Law of the Sea 1982 (UNCLOS) and to build strong relationship with international organizations. Based on those facts, it seems that the successful of adopting the regime archipelagic state in international law arena has not been well followed by the support of domestic regulations beacuse of some kind of barriers in each country. Indonesia has to be patient for waiting other countries to handle out their problems and then implement their obligations like Indonesia does.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"109 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76533006","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.vol4.4.160
Aleksius Jemadu
The province of East Kalimantan has the largers tropical forests in Indonesia. throughout the era of the New Order government under President Soeharto the natural resources especially tropical forests were sistematically exploited without any serious effort on the part of the government and private companies to take care of the social and environmental aspect of such exploitation. As a result, severe environmental degradation took place and the local people in the country side lost their sources of livelihood. In the midst of the presence of multinational corporations and private forest concessionaires ironically there were enclaves of poverty. In this area of regional autonomy there is much doubt that the situation could get better as local government authorities tend to repeat past mistakes and they are unable to control the existance practice of illegal logging. This writing will propose some policy suggestions that might be helpful for promoting the principles of sustainable development and putting an end to the phenomenon of “the tragedy of the commons”.
{"title":"Belajar dari Kegalalan Politik Pengelolaan SDA Orde Baru: Studi Kasus Kalimantan Timur","authors":"Aleksius Jemadu","doi":"10.17304/ijil.vol4.4.160","DOIUrl":"https://doi.org/10.17304/ijil.vol4.4.160","url":null,"abstract":"The province of East Kalimantan has the largers tropical forests in Indonesia. throughout the era of the New Order government under President Soeharto the natural resources especially tropical forests were sistematically exploited without any serious effort on the part of the government and private companies to take care of the social and environmental aspect of such exploitation. As a result, severe environmental degradation took place and the local people in the country side lost their sources of livelihood. In the midst of the presence of multinational corporations and private forest concessionaires ironically there were enclaves of poverty. In this area of regional autonomy there is much doubt that the situation could get better as local government authorities tend to repeat past mistakes and they are unable to control the existance practice of illegal logging. This writing will propose some policy suggestions that might be helpful for promoting the principles of sustainable development and putting an end to the phenomenon of “the tragedy of the commons”.","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":"77878622","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.vol8.4.313
A. Suherman
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 of government procurement. Since GPA is a multilateral treaty administered by a Committee on Government Procurement, which includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement. In fact, the majority of member state, particularly most developing countries are not party the GPA, so there is no legal obligation to observe all the provision of GPA. It seems to be a great obstacle for developing countries to adopt the GPA provisions by several reasons In sum, global administrative governance takes some roles to reform some legal frame works in developing countries. A great contribution produced some positive legal reforms in term of the achievement of competitive and transparent government procurement.
{"title":"Global Administrative Governance: Liberalization of Government Procurement in Third World Countries","authors":"A. Suherman","doi":"10.17304/ijil.vol8.4.313","DOIUrl":"https://doi.org/10.17304/ijil.vol8.4.313","url":null,"abstract":"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 of government procurement. Since GPA is a multilateral treaty administered by a Committee on Government Procurement, which includes the WTO Members that are parties to the GPA, and thus have rights and obligations under the Agreement. In fact, the majority of member state, particularly most developing countries are not party the GPA, so there is no legal obligation to observe all the provision of GPA. It seems to be a great obstacle for developing countries to adopt the GPA provisions by several reasons In sum, global administrative governance takes some roles to reform some legal frame works in developing countries. A great contribution produced some positive legal reforms in term of the achievement of competitive and transparent government procurement.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77096448","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.VOL7.3.236
E. Makarim
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.
{"title":"CYBER TERRORISM PREVENTION AND ERADICATION IN INDONESIA AND ROLE AND FUNCTIONS OF MEDIA","authors":"E. Makarim","doi":"10.17304/IJIL.VOL7.3.236","DOIUrl":"https://doi.org/10.17304/IJIL.VOL7.3.236","url":null,"abstract":"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.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"3 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72385408","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.vol1.1.166
Hikmahanto Juwana
{"title":"Putusan MI atas Pulau Sipadan dan Ligitan","authors":"Hikmahanto Juwana","doi":"10.17304/ijil.vol1.1.166","DOIUrl":"https://doi.org/10.17304/ijil.vol1.1.166","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85264675","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.VOL8.4.314
P. A. Ruslijanto
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 evidence in electronic commerce. It based on the equality of hash function. The validity of digital signature also approved as evidence in electronic commerce based on the approval of art. 11 Law No 11/2008 on Information and Electronic Transaction, which emphasize the legal position of digital signature as valid evidence in electronic commerce. Considering the constraints that arise in digital signature verification divided into Non juridical consist of technology and cultural obstacle. In case a dispute occurs either in transnational area, the jurisdiction that used in cyberspace area need precise principles rooted from the principle of international law. These principles are: subjective, objective territoriality, passive nationality, protective principle and universality interest jurisdiction, theory of the law of the server and theory of international space.
{"title":"Validity of Digital Signature as Evidence in Electronic Commerce","authors":"P. A. Ruslijanto","doi":"10.17304/IJIL.VOL8.4.314","DOIUrl":"https://doi.org/10.17304/IJIL.VOL8.4.314","url":null,"abstract":"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 evidence in electronic commerce. It based on the equality of hash function. The validity of digital signature also approved as evidence in electronic commerce based on the approval of art. 11 Law No 11/2008 on Information and Electronic Transaction, which emphasize the legal position of digital signature as valid evidence in electronic commerce. Considering the constraints that arise in digital signature verification divided into Non juridical consist of technology \u0000and cultural obstacle. In case a dispute occurs either in transnational area, the jurisdiction that used in cyberspace area need precise principles rooted from the principle of international law. These principles are: subjective, objective territoriality, passive nationality, protective principle and universality interest jurisdiction, theory of the law of the server and theory of international space.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88766590","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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