Pub Date : 2021-08-12DOI: 10.17304/ijil.vol1.1.169
Djauhari Oratmangun
The human security and human development issues are intertwined and can not be separated from the latter to the former. Those two concept’s main goals are to eradicate poverty and increase the life quality of human beings, so it has to be respected in international and national level, especially after United Nations adopted the Millenium Development Goals (MDGs) as the outcome of UN Millenium Summit 2000. MDGs’ main focuses are as follows: eradicate extreme poverty, achieve universal primary education, empower women, developing a global partnership for development. The sustainable developments in which consists of economic development, social development and protection of environment is also needed to reach the MDGs’ main goals. Moreover, to reach the main goals of MDGs, developed countries have to follow the Millenium Development Compact, in the context of providing help for developing countries to create an economic global and a fair trade system. Furthermore, it is important for developing countries to prepare theirselves to put MDGs’ main goals into their national development program.
{"title":"HUMAN DEVELOPMENT AND HUMAN SECURITY: A JOURNEY TOWARDS A HUMANE GLOBAL WORLD","authors":"Djauhari Oratmangun","doi":"10.17304/ijil.vol1.1.169","DOIUrl":"https://doi.org/10.17304/ijil.vol1.1.169","url":null,"abstract":"The human security and human development issues are intertwined and can not be separated from the latter to the former. Those two concept’s main goals are to eradicate poverty and increase the life quality of human beings, so it has to be respected in international and national level, especially after United Nations adopted the Millenium Development Goals (MDGs) as the outcome of UN Millenium Summit 2000. MDGs’ main focuses are as follows: eradicate extreme poverty, achieve universal primary education, empower women, developing a global partnership for development. The sustainable developments in which consists of economic development, social development and protection of environment is also needed to reach the MDGs’ main goals. Moreover, to reach the main goals of MDGs, developed countries have to follow the Millenium Development Compact, in the context of providing help for developing countries to create an economic global and a fair trade system. Furthermore, it is important for developing countries to prepare theirselves to put MDGs’ main goals into their national development program.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82310211","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.VOL1.1.199
Aloysius Uwiyono
In the free market era, Indonesia (as a developing country, which has dependency to foreign investment) is under pressured by foreign investor including in the matters of regulation in the labor field. The pressing is done through the relation between standardization and international trade, which is called social clause, the place where we can dismiss the developing country’s chance to use low wages rules and soft law enforcement as cooperative advantages which at last eliminate the advanteages from international trade. Indonesia has to find out the way to solve the two big problems. First, how to make all the parties have same position in the production process for achievement of company progress and second, how to create harmonization of law in labor field between ASEAN member countries in the globalization era for preventing company relocation among ASEAN member countries themselves.
{"title":"THE ROLE OF LAW IN LABOR FIELD IN THE GLOBALIZATION ERA","authors":"Aloysius Uwiyono","doi":"10.17304/IJIL.VOL1.1.199","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.1.199","url":null,"abstract":"In the free market era, Indonesia (as a developing country, which has dependency to foreign investment) is under pressured by foreign investor including in the matters of regulation in the labor field. The pressing is done through the relation between standardization and international trade, which is called social clause, the place where we can dismiss the developing country’s chance to use low wages rules and soft law enforcement as cooperative advantages which at last eliminate the advanteages from international trade. Indonesia has to find out the way to solve the two big problems. First, how to make all the parties have same position in the production process for achievement of company progress and second, how to create harmonization of law in labor field between ASEAN member countries in the globalization era for preventing company relocation among ASEAN member countries themselves.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"132 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89021645","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.vol1.3.399
H. Djalal
Piracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding combating the piracy has its own problems concerning human resources, financial resources, and facility which caused aggravation the problem of law enforcement at sea of Indonesia. Furthermore, it would cause western waters in Indonesia as basis of activity on piracy, such as Melaca Strait, Singapore Strait, Karimata Strait and South China Sea.
{"title":"PIRACY IN SOUTH EAST ASIA: INDONESIAN AND REGIONAL RESPONSES","authors":"H. Djalal","doi":"10.17304/ijil.vol1.3.399","DOIUrl":"https://doi.org/10.17304/ijil.vol1.3.399","url":null,"abstract":"Piracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding combating the piracy has its own problems concerning human resources, financial resources, and facility which caused aggravation the problem of law enforcement at sea of Indonesia. Furthermore, it would cause western waters in Indonesia as basis of activity on piracy, such as Melaca Strait, Singapore Strait, Karimata Strait and South China Sea.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82236078","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.VOL8.4.332
Tri Prihatinah
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, we discuss the domestic enforceability of international woman rights in Indonesia. The result showed that although women are guaranteed equality under Indonesian Constitution, considerable gaps exist between de jure and de facto equality for women. When there is a conflict within a monist approach, Indonesia tends to follow a doctrine of national law primate. In a case of instruments conflict between woman rights at national/local instruments and international one, then international instument is put aside.
{"title":"Legal Analysis on Interlink between International and National Instruments Towards Woman Rights in Indonesia","authors":"Tri Prihatinah","doi":"10.17304/IJIL.VOL8.4.332","DOIUrl":"https://doi.org/10.17304/IJIL.VOL8.4.332","url":null,"abstract":"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, we discuss the domestic enforceability of international woman rights in Indonesia. The result showed that although women are guaranteed equality under Indonesian Constitution, considerable gaps exist between de jure and de facto equality for women. When there is a conflict within a monist approach, Indonesia tends to follow a doctrine of national law primate. In a case of instruments conflict between woman rights at national/local instruments and international one, then international instument is put aside.","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":"90792261","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.vol1.3.560
Adi Sumardiman
In period of 50 years, until the event of Law of the Sea Conference, the development of law of the sea, especially in territorial matters, met its stabilization level for there is no important changing. A very substantial changing happened after World War II regarding the rights and obligations of countries relating to sea resources. There are three points of conclusion from the development of the law concerning boundaries of countries. First the legalization of archipelagic states principles: second, baseline to determine territorial sea; and the third, boundaries relating to neighboring states which is side-by-side or face-to-face
{"title":"Beberapa Dasar Tentang Perbatasan Negara","authors":"Adi Sumardiman","doi":"10.17304/ijil.vol1.3.560","DOIUrl":"https://doi.org/10.17304/ijil.vol1.3.560","url":null,"abstract":"In period of 50 years, until the event of Law of the Sea Conference, the development of law of the sea, especially in territorial matters, met its stabilization level for there is no important changing. A very substantial changing happened after World War II regarding the rights and obligations of countries relating to sea resources. There are three points of conclusion from the development of the law concerning boundaries of countries. First the legalization of archipelagic states principles: second, baseline to determine territorial sea; and the third, boundaries relating to neighboring states which is side-by-side or face-to-face","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":"73220732","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.VOL4.3.156
Irfan Ridwan Maksum
Functional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany.
{"title":"Memahami Desentralisasi Fungsional (Perbandingan Praktek di Belanda, Jepang, USA, dan Jerman)","authors":"Irfan Ridwan Maksum","doi":"10.17304/IJIL.VOL4.3.156","DOIUrl":"https://doi.org/10.17304/IJIL.VOL4.3.156","url":null,"abstract":"Functional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79283133","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.vol4.4.159
B. Setiono, Yunus Husein
{"title":"Memerangi Kejahatan Kehutanan dan Mendorong Prinsip Kehati-hatian Perbankan untuk Mewujudkan Pengelolaan Hutan yang Berkelanjutan Pendekatan Anti Pencucian Uang","authors":"B. Setiono, Yunus Husein","doi":"10.17304/ijil.vol4.4.159","DOIUrl":"https://doi.org/10.17304/ijil.vol4.4.159","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75537715","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.VOL7.3.232
Rachminawati Rachminawati
Human rights are one of the EU's tools to integrate its member states as well as its citizens. The integration of human rights into EU law and policy build the concept of “the new EU” which is to establish “economic space” together with the space of liberty, justice and security which is implemented in the third pillar of the Maastricht Treaty .EU experience shows that the integration of human rights into their law and policy not only enhance the protection of human rights and democratic legitimacy but also economic, social welfare and peaceful life. Integration of human rights demonstrates the possibility of a plural nation which have a background of century-old conflicts to become one strong institution. The EU and ASEAN follow a similar path of regional integration. The success of the EU integration includes human rights integration and has made the EU a model for ASEAN integration. Despite, their differences, the ASEAN can learn the positive contribution of integrating human rights in the EU as the ASEAN is moving from economic cooperation to other related areas including human rights through ASEAN Community in 2015.
{"title":"LESSON LEARNED FOR ASEAN FROM THE INTEGRATION OF HUMAN RIGHTS IN THE EUROPEAN UNION (THE EU)","authors":"Rachminawati Rachminawati","doi":"10.17304/IJIL.VOL7.3.232","DOIUrl":"https://doi.org/10.17304/IJIL.VOL7.3.232","url":null,"abstract":"Human rights are one of the EU's tools to integrate its member states as well as its citizens. The integration of human rights into EU law and policy build the concept of “the new EU” which is to establish “economic space” together with the space of liberty, justice and security which is implemented in the third pillar of the Maastricht Treaty .EU experience shows that the integration of human rights into their law and policy not only enhance the protection of human rights and democratic legitimacy but also economic, social welfare and peaceful life. Integration of human rights demonstrates the possibility of a plural nation which have a background of century-old conflicts to become one strong institution.\u0000The EU and ASEAN follow a similar path of regional integration. The success of the EU integration includes human rights integration and has made the EU a model for ASEAN integration. Despite, their differences, the ASEAN can learn the positive contribution of integrating human rights in the EU as the ASEAN is moving from economic cooperation to other related areas including human rights through ASEAN Community in 2015.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81194469","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.vol1.1.196
Syahrial Loetan
The adoption of the Millenium Development Goals (MDG) in the Millenium Summit in 2000 by all 189 member of the UN General Assembly was a defining moment for global cooperation in the 21st century. The MDG is global framework to face the challanges regarding human resources development in the world. In the Indonesian context, the question is: “do targets and indicators contained in MDG have accorded with domestic values ?” the question is relevant because the MDG will never be achieved if the MDG does not accomodate local values. Localization of the MDG must be first step to take in achieving MDG for each country. Refer to the recent condition in Indonesia, there are several problems in achieving MDG targets such as: (i) quality of human resources, (ii) infrastructure, (iii) implementation of the decentralization, (iv) slow economy recovery, (v) law enforcement, and (vi) existence of several conflict regions. Based on those conditions, achieving the targets and indicators of MDG in Indonesia is not easy. Collective effort involving international community like donors and national community like civil society, business or private sector and universities is a must.
{"title":"MILLENIUM DEVELOPMENT GOAL (MDG) AND NATIONAL DEVELOPMENT PROGRAM IN INDONESIA","authors":"Syahrial Loetan","doi":"10.17304/ijil.vol1.1.196","DOIUrl":"https://doi.org/10.17304/ijil.vol1.1.196","url":null,"abstract":"The adoption of the Millenium Development Goals (MDG) in the Millenium Summit in 2000 by all 189 member of the UN General Assembly was a defining moment for global cooperation in the 21st century. The MDG is global framework to face the challanges regarding human resources development in the world. In the Indonesian context, the question is: “do targets and indicators contained in MDG have accorded with domestic values ?” the question is relevant because the MDG will never be achieved if the MDG does not accomodate local values. Localization of the MDG must be first step to take in achieving MDG for each country. Refer to the recent condition in Indonesia, there are several problems in achieving MDG targets such as: (i) quality of human resources, (ii) infrastructure, (iii) implementation of the decentralization, (iv) slow economy recovery, (v) law enforcement, and (vi) existence of several conflict regions. Based on those conditions, achieving the targets and indicators of MDG in Indonesia is not easy. Collective effort involving international community like donors and national community like civil society, business or private sector and universities is a must.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86558352","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.vol8.4.328
and Sora Lokita
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 continental shelf beyond 200 nautical miles (ECS) at the United Nations-Commission on the Limits of the Continental Shelf (UN CLCS). The related ECS area for the first partial submission is located in northwest Sumatra Island. The completion of the first submission brought precious experiences for Indonesia, one of those is concerning the management of maritime boundary and territory. This paper discusses the Indonesian ECS and its submission process and all related matters. In addition, this paper hopefully useful for information sharing among stakeholder, and provide a brief summary for the history of the submission.
{"title":"Indonesian First Experiences in Delineating Extended Continental Shelf Submission to The UNCLOS","authors":"and Sora Lokita","doi":"10.17304/ijil.vol8.4.328","DOIUrl":"https://doi.org/10.17304/ijil.vol8.4.328","url":null,"abstract":"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 continental shelf beyond 200 nautical miles (ECS) at the \u0000United Nations-Commission on the Limits of the Continental Shelf (UN CLCS). The related ECS area for the first partial submission is located in northwest Sumatra Island. The completion of the first submission brought precious experiences for Indonesia, one of those is concerning the management of maritime boundary and territory. This paper discusses the Indonesian ECS and its submission process and all related matters. In addition, this paper hopefully useful for information sharing among stakeholder, and provide a brief summary for the history of the submission.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90084469","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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