Pub Date : 2021-08-12DOI: 10.17304/ijil.vol8.4.329
D. Puspitawati
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 activities, including navigation, in the water areas falling under the jurisdiction of archipelagic states. Since this principle has been Indonesian national philosophical outlook even before the adoption of LOSC and provided within Article 25 (a) of the Indonesian Constitutions, it is submitted that all Indonesian national legislations related to ocean affairs should be based on the archipelagic state principles. This study looks at the legal application of archipelagic state principles in Indonesia within the framework of contemporary ocean governance principles. This paper argued that current development on Indonesian law of the sea as well as ocean governance shows less commitment to archipelagic state principles. Thus, it is submitted that archipelagic state principles should be re-stored as the basis of all ocean related legislations and governance.
{"title":"Indonesia’s Archipelagic State Status: Current Development","authors":"D. Puspitawati","doi":"10.17304/ijil.vol8.4.329","DOIUrl":"https://doi.org/10.17304/ijil.vol8.4.329","url":null,"abstract":"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 activities, including navigation, in the water areas falling under the jurisdiction of archipelagic states. Since this principle has been Indonesian national philosophical outlook even before the adoption of LOSC and provided within Article 25 (a) of the Indonesian Constitutions, it is submitted that all Indonesian national legislations related to ocean affairs should be based on the archipelagic state principles. This study looks at the legal application of archipelagic state principles in Indonesia within the framework of contemporary ocean governance principles. This paper argued that current development on Indonesian law of the sea as well as ocean governance shows less commitment to archipelagic state principles. Thus, it is submitted that archipelagic state principles should be re-stored as the basis of all ocean related legislations and governance.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"50 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":"81181068","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.VOL7.2.217
A. Sardjono
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.
{"title":"AUTHOR'S RIGHT IS NOT ONLY COPYRIGHT","authors":"A. Sardjono","doi":"10.17304/IJIL.VOL7.2.217","DOIUrl":"https://doi.org/10.17304/IJIL.VOL7.2.217","url":null,"abstract":"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.","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":"77301106","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.VOL3.4.124
Emmy Yuhassarie Ruru
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 sovereignty. Any efforts will be firmed in many international agreements or treaties. This has been emphasized by Adam Smith as ‘the natural tendency of men’, which tends to interact, trade, or exchange.
{"title":"Traktat Internasional dan Paradoks Globalisasi","authors":"Emmy Yuhassarie Ruru","doi":"10.17304/IJIL.VOL3.4.124","DOIUrl":"https://doi.org/10.17304/IJIL.VOL3.4.124","url":null,"abstract":"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 sovereignty. Any efforts will be firmed in many international agreements or treaties. This has been emphasized by Adam Smith as ‘the natural tendency of men’, which tends to interact, trade, or exchange.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"1096 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76731085","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.vol7.3.235
Rajah Ks
In this article, the author presents a description and analysis of recent developments in Indonesian law enforcement. The leaders of Corruption Eradication Commission (KPK), Bibit S. Rianto and Chandra M. Hamzah, are currently facing legal problems. Both have been accused of abuse of authority by issuing a travel ban letter preventing Anggoro Wodjojo and Joko Tjandra from leaving Indonesia. In addition, the two KPK leaders are also accused of corruption. In the following process of police investigation, Bibit S. Rianto and Chandra M. Hamzah were arrested by the police. Legal proceedings against Bibit S. Rianto and Chandra M. Hamzah then became a national issue, and the two accused gained support from people throughout Indonesia. Efforts to arrest Bibit S. Rianto and Chandra M. Hamzah were regarded as an attempt to criminalize the Corruption Eradication Commission (KPK). In order to quell increasingly vocal protests, President Susilo Bambang Yudhoyono formed an independent fact-finding team to make clarifications in connection with the case of Bibit S. Rianto and Chandra M. Hamzah. The independent team delivered recommendations to President Susilo Bambang Yudhoyono calling for an immediate stop to the investigation against Bibit S. Rianto and Chandra M. Hamzah, among others, by reason of insufficient evidence. This case then ended with the issuance of a Termination of Prosecution Assessment Letter (Surat Ketetapan Penghentian Penuntutan (SKPP)) from the Attorney General of the Republic of Indonesia.
在这篇文章中，作者介绍了印度尼西亚执法的最新发展的描述和分析。反腐委员会(KPK)的领导人Bibit S. Rianto和Chandra M. Hamzah目前正面临法律问题。两人都被指控滥用职权，发布旅行禁令，阻止Anggoro Wodjojo和Joko Tjandra离开印度尼西亚。此外，两名肃贪党领导人也被控贪污。在随后的警方调查过程中，Bibit S. Rianto和Chandra M. Hamzah被警方逮捕。针对Bibit S. Rianto和Chandra M. Hamzah的法律诉讼随后成为一个全国性问题，两名被告得到了印度尼西亚全国人民的支持。逮捕Bibit S. Rianto和Chandra M. Hamzah的努力被认为是企图将铲除腐败委员会定为刑事犯罪。为了平息日益强烈的抗议，苏西洛·班邦·尤多约诺总统成立了一个独立的实况调查队，对比比特·s·里安托和钱德拉·m·哈姆扎一案作出澄清。独立小组向苏西洛·班邦·尤多约诺总统提出建议，要求立即停止对比比特·s·里安托和钱德拉·m·哈姆扎等人的调查，理由是证据不足。该案随后以印度尼西亚共和国总检察长发出的终止起诉评估函(Surat Ketetapan Penghentian Penuntutan (SKPP))结束。
{"title":"THE INCONVENIENT PROBLEMS OF LAW ENFORCEMENT IN INDONESIA IN RELATION TO THE CASE OF BIBIT-CHANDRA","authors":"Rajah Ks","doi":"10.17304/ijil.vol7.3.235","DOIUrl":"https://doi.org/10.17304/ijil.vol7.3.235","url":null,"abstract":"In this article, the author presents a description and analysis of recent developments in Indonesian law enforcement. The leaders of Corruption Eradication Commission (KPK), Bibit S. Rianto and Chandra M. Hamzah, are currently facing legal problems. Both have been accused of abuse of authority by issuing a travel ban letter preventing Anggoro Wodjojo and Joko Tjandra from leaving Indonesia. In addition, the two KPK leaders are also accused of corruption. In the following process of police investigation, Bibit S. Rianto and Chandra M. Hamzah were arrested by the police. Legal proceedings against Bibit S. Rianto and Chandra M. Hamzah then became a national issue, and the two accused gained support from people throughout Indonesia. Efforts to arrest Bibit S. Rianto and Chandra M. Hamzah were regarded as an attempt to criminalize the Corruption Eradication Commission (KPK). In order to quell increasingly vocal protests, President Susilo Bambang Yudhoyono formed an independent fact-finding team to make clarifications in connection with the case of Bibit S. Rianto and Chandra M. Hamzah. The independent team delivered recommendations to President Susilo Bambang Yudhoyono calling for an immediate stop to the investigation against Bibit S. Rianto and Chandra M. Hamzah, among others, by reason of insufficient evidence. This case then ended with the issuance of a Termination of Prosecution Assessment Letter (Surat Ketetapan Penghentian Penuntutan (SKPP)) from the Attorney General of the Republic of Indonesia.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84792737","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.vol7.3.233
Wulan Kristianti
{"title":"INTERRELATIONS BETWEEN HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW ACCORDING TO SEPARATION WALL CASE","authors":"Wulan Kristianti","doi":"10.17304/ijil.vol7.3.233","DOIUrl":"https://doi.org/10.17304/ijil.vol7.3.233","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74609588","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.vol7.1.227
Adolf Warrouw
{"title":"FUNDAMENTAL CHANGES OF INTERNATIONAL ECONOMIC LAW: CHALLENGES TOWARD LEGAL SYSTEM BASED ON FAIRNESS AND HUMAN VALUES","authors":"Adolf Warrouw","doi":"10.17304/ijil.vol7.1.227","DOIUrl":"https://doi.org/10.17304/ijil.vol7.1.227","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"29 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72611648","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.VOL1.4.568
Huala Adolf
This article discusses whether international law may be applied as lex causae by arbitral body. The international instrument used as comparative study are the Model Arbitration Law 1985, UNCITRAL Arbitration RUles, the ICC Rules of Arbitration the ICSID Convention and the Indonesian National Law on Arbitration. The article suggest that although international law seems inappropriate to deal with commercial matters, in certain circumstances, it is possible.
{"title":"Hukum International Sebagai Lex Causae oleh Badan Arbitrase Komersial Internasional","authors":"Huala Adolf","doi":"10.17304/IJIL.VOL1.4.568","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.4.568","url":null,"abstract":"This article discusses whether international law may be applied as lex causae by arbitral body. The international instrument used as comparative study are the Model Arbitration Law 1985, UNCITRAL Arbitration RUles, the ICC Rules of Arbitration the ICSID Convention and the Indonesian National Law on Arbitration. The article suggest that although international law seems inappropriate to deal with commercial matters, in certain circumstances, it is possible.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91198649","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.VOL4.3.158
Burhan D. Mangeda
The aim of the paper is to discuss the trend of globalization from political, ideological, security and defence, economics, socio cultural and international lawpoint of views, and their influences in forming the New World Order. The Trend shows the dominance of hte United States as the emerging og the United States as the ‘sole superpower’ and the spread of the ‘free market’ and liberalism. In terms of international law, there is a sneed to form interstates regulations regarding the flow of people, capital, informatio and other goods acctoss national boundaries.
{"title":"Berbagai Aspek Globalisasi dan Pengaruhnya pada Tata Hubungan Internasional","authors":"Burhan D. Mangeda","doi":"10.17304/IJIL.VOL4.3.158","DOIUrl":"https://doi.org/10.17304/IJIL.VOL4.3.158","url":null,"abstract":"The aim of the paper is to discuss the trend of globalization from political, ideological, security and defence, economics, socio cultural and international lawpoint of views, and their influences in forming the New World Order. The Trend shows the dominance of hte United States as the emerging og the United States as the ‘sole superpower’ and the spread of the ‘free market’ and liberalism. In terms of international law, there is a sneed to form interstates regulations regarding the flow of people, capital, informatio and other goods acctoss national boundaries.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"91 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83767269","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.vol4.4.163
Mardani Mardani
Islam is a religion that has its own law, which is known as an Islamic Law, which has five main aims. And, one of the five main aims is to save and protect the soul of human from any threats, which means to protect the existence of human beings’ lige and the Moslem community. To concrete it, Islam stated the Law for abortion, Qisas and Diyat. This is a sign of the Islamic Law fort to protect the human life. Considering the complicated problem of baortion thus in this article will be explained the views of Islamic Law on abortion
{"title":"Aborsi dalam Perspektif Hukum Islam","authors":"Mardani Mardani","doi":"10.17304/ijil.vol4.4.163","DOIUrl":"https://doi.org/10.17304/ijil.vol4.4.163","url":null,"abstract":"Islam is a religion that has its own law, which is known as an Islamic Law, which has five main aims. And, one of the five main aims is to save and protect the soul of human from any threats, which means to protect the existence of human beings’ lige and the Moslem community. To concrete it, Islam stated the Law for abortion, Qisas and Diyat. This is a sign of the Islamic Law fort to protect the human life. Considering the complicated problem of baortion thus in this article will be explained the views of Islamic Law on abortion","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":"83026749","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.VOL1.1.198
H. Juwana
International law in its basic concept is intended to serve as legal framework for society of States. International law prescribes what is right and what is wrong; it also prescribes how State behaves toward one another; and it provides sanctions. However, the above description is international law is frequently used as a political instrument by States. It can be an instrument to exert pressure, instrument for intervening on other States domestic affairs without considered as violation and it can also be used to justify States’ actions. The present article and how Indonesia has used international law to further its national policy.
{"title":"INTERNATIONAL LAW AS POLITICAL INSTRUMENT: SEVERAL OF INDONESIA’S EXPERIENCES AS A CASE STUDY","authors":"H. Juwana","doi":"10.17304/IJIL.VOL1.1.198","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.1.198","url":null,"abstract":"International law in its basic concept is intended to serve as legal framework for society of States. International law prescribes what is right and what is wrong; it also prescribes how State behaves toward one another; and it provides sanctions. However, the above description is international law is frequently used as a political instrument by States. It can be an instrument to exert pressure, instrument for intervening on other States domestic affairs without considered as violation and it can also be used to justify States’ actions. The present article and how Indonesia has used international law to further its national policy.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72478775","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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