Pub Date : 2021-08-12DOI: 10.17304/IJIL.VOL1.4.567
Bhatara Ibnu Reza
Enforced disappearance or involuntary disappearance is a method used by the authority of state to vanish the unwanted actors in society by doing some act like arresting without justifiable warrant or even kidnapping. The main factor of this act is the implementation of national security doctrine based on political consideration. This illegal act is not just against human rights, furthermore it makes the existence human being as a person vanish, as a result, law does not be able to provide protection guarantee. This existing illegal acts done by some government toward their inferiors are the reason why International law provides protection to society by declaring the enforced disappearance as a serious crime against fundamental rights in some International instrument such as Declaration on the Protection of All Persons form Enforced Disappearance and Inter-American Convention on Forced Disappearance. Since 1999, United Nations Commision in Human Rights has produced Draft International Convention on the Protection of All Persons from Forced Disappearance. This article addresses those issue with the picture of cases happened in Indonesia.
{"title":"Menguak Penghilangan Paksa: Suatu Tinjauan dari Segi Politik dan Hukum Internasional","authors":"Bhatara Ibnu Reza","doi":"10.17304/IJIL.VOL1.4.567","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.4.567","url":null,"abstract":"Enforced disappearance or involuntary disappearance is a method used by the authority of state to vanish the unwanted actors in society by doing some act like arresting without justifiable warrant or even kidnapping. The main factor of this act is the implementation of national security doctrine based on political consideration. This illegal act is not just against human rights, furthermore it makes the existence human being as a person vanish, as a result, law does not be able to provide protection guarantee. This existing illegal acts done by some government toward their inferiors are the reason why International law provides protection to society by declaring the enforced disappearance as a serious crime against fundamental rights in some International instrument such as Declaration on the Protection of All Persons form Enforced Disappearance and Inter-American Convention on Forced Disappearance. Since 1999, United Nations Commision in Human Rights has produced Draft International Convention on the Protection of All Persons from Forced Disappearance. This article addresses those issue with the picture of cases happened in Indonesia.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80778189","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.VOL1.4.516
Rudi Rizki
{"title":"Catatan Mengenai Konvensi PBB Anti Kejahatan Transnasional yang Terorganisir dan Protokolnya","authors":"Rudi Rizki","doi":"10.17304/IJIL.VOL1.4.516","DOIUrl":"https://doi.org/10.17304/IJIL.VOL1.4.516","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85753335","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.VOL8.4.311
M. K. Kantaatmadja
The 2001 Cape Town Convention provides a mechanism for recognizing and recording international security interest in high- value moveable equipment. However, Law No.83 of 1958 did not mention the recording of secured private rights or security interests in aircrafts. Furthermore, Law No.15 of 1992 on Airport Transportation succeeded Law No.83 of 1958 which contained some rules on secured rights in aircraft. Chapter X of the new law no 1 of 2009 on Aviation could be regarded as the implementation of the Ratified Cape Town Convention and its Protocol. Does it mean that a national interest should be registered in the International registry, even though the aircraft object is legally owned by an Indonesian seller /lessor/creditor, but beneficially owned and operated by an Indonesian airliner/lessee based on a contract governed by Indonesian Law?
{"title":"The 2001 Cape Town Convention on International Interests in Mobile Equipment/the Aviation Protocol and Relevant issues in Indonesian Aviation Law","authors":"M. K. Kantaatmadja","doi":"10.17304/IJIL.VOL8.4.311","DOIUrl":"https://doi.org/10.17304/IJIL.VOL8.4.311","url":null,"abstract":"The 2001 Cape Town Convention provides a mechanism for recognizing and recording international security interest in high- value moveable equipment. However, Law No.83 of 1958 did not mention the recording of secured private rights or security interests in aircrafts. Furthermore, Law No.15 of 1992 on Airport Transportation succeeded Law No.83 of 1958 which contained some rules on secured rights in aircraft. Chapter X of the new law no 1 of 2009 on Aviation could be regarded as the implementation of the Ratified Cape Town Convention and its Protocol. Does it mean that a national interest should be registered in the International registry, even though the aircraft object is legally owned by an Indonesian seller /lessor/creditor, but beneficially owned and operated by an Indonesian airliner/lessee based on a contract governed by Indonesian Law?","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"118 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73253683","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.vol8.4.330
Nilam Andalia Kurniasari
On 7 May 2008, Indonesia enacted Law 17/ 2008 on Shipping (Shipping Act) which substituted Law 20/1992 on Shipping. In the new Shipping Act, maritime cabotage is scheduled to take its full effects on 7 May 2011, exactly three years after its enactment. By the scheduled time, domestic seaborne transportation in Indonesian territorial waters shall be carried out by Indonesian shipping companies, using Indonesian-flagged vessels manned by Indonesian citizens. As a result, foreign flagged vessels will be excluded from transporting goods and/or passengers between islands or ports within Indonesian territorial waters. Among the important reasons for the implementation of this principle are the sovereignty and protection of domestic shipping industry as well as Indonesia national security issues. This paper will argue that implementing maritime cabotage does not contradict any provisions in the 1982 UNCLOS. It will also show that maritime cabotage and the 1982 UNCLOS are closely related although this principle is not in the convention. The 1982 UNCLOS will advise Indonesia on the limit of its territorial waters, and thus where this largest archipelagic state in the world can exercise its maritime cabotage policy.
{"title":"Connecting Indonesia’s Maritime Cabotage and the 1982 United Nations Convention on the Law of the Sea","authors":"Nilam Andalia Kurniasari","doi":"10.17304/ijil.vol8.4.330","DOIUrl":"https://doi.org/10.17304/ijil.vol8.4.330","url":null,"abstract":"On 7 May 2008, Indonesia enacted Law 17/ 2008 on Shipping (Shipping Act) which substituted Law 20/1992 on Shipping. In the new Shipping Act, maritime cabotage is scheduled to take its full effects on 7 May 2011, exactly three years after its enactment. By the scheduled time, domestic seaborne transportation in Indonesian territorial waters shall be carried out by Indonesian shipping companies, using Indonesian-flagged vessels manned by Indonesian citizens. As a result, foreign flagged vessels will be excluded from transporting goods and/or passengers between islands or ports within Indonesian territorial waters. Among the important reasons for the implementation of this principle are the sovereignty and protection \u0000of domestic shipping industry as well as Indonesia national security issues. This paper will argue that implementing maritime cabotage does not contradict any provisions in the 1982 UNCLOS. It will also show that maritime cabotage and the 1982 UNCLOS are closely related although this principle is not in the convention. The 1982 UNCLOS will advise Indonesia on the limit of its territorial waters, and thus where this largest archipelagic state in the world can exercise its maritime cabotage policy.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82535240","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.VOL8.4.331
A. Karam
The modern international system of information and communication requires equal development of satellite communications on both legal and technical dimensions. Lack of regulations of satellite communications and inefficiency of present international law concerning, for example, the issue of non-interference in national sovereignty of nations has caused some countries to encounter many problems in different areas such as cultural invasion and the decline of nations’ sovereignty by satellite communications. In this article, suggestions are offered concerning the way governments and international organizations can help deal with the shortcomings related to the law of space. First, states’ responsibilities as to enacting rightful regulations of satellite communications through treaties, regional or international agreements and reconsidering present regulations of international law are discussed. Second, the prominent role of international organizations including the UN General Assembly, the UNESCO and the International Telecommunication Union and the European Union as well as satellite organizations like Intelsat, Inmarsat and satellite regional organizations like Eutelsat, Arabsat, etc. and satellite local organizations like Insat in India and Cumsat in the United States is critically reviewed. Finally, some suggestions are offered on how to achieve parallel development of satellite communication on both technical and legal sides.
{"title":"The Law of Satellite Communications: Filling in the Gaps","authors":"A. Karam","doi":"10.17304/IJIL.VOL8.4.331","DOIUrl":"https://doi.org/10.17304/IJIL.VOL8.4.331","url":null,"abstract":"The modern international system of information and communication requires equal development of satellite communications on both legal and technical dimensions. Lack of regulations of satellite communications and inefficiency of present international law concerning, for example, the issue of non-interference in national sovereignty of nations has caused some countries to encounter many problems in different areas such as cultural invasion and the decline of nations’ sovereignty by satellite communications. In this article, suggestions are offered concerning the \u0000way governments and international organizations can help deal with the shortcomings related to the law of space. First, states’ responsibilities as to enacting rightful regulations of satellite communications through treaties, regional or international agreements and reconsidering present regulations of international law are discussed. Second, the prominent role of international organizations including the UN General Assembly, the UNESCO and the International Telecommunication Union and the European Union as well as satellite organizations like Intelsat, Inmarsat \u0000and satellite regional organizations like Eutelsat, Arabsat, etc. and satellite local organizations like Insat in India and Cumsat in the United States is critically reviewed. Finally, some suggestions are offered on how to achieve parallel development of satellite communication on both technical and legal sides.","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":"82739561","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.vol1.4.566
A. H. Nusantara
{"title":"Penerapan Hukum International dalam Kasus Pelanggaran Hak Asasi Manusia Berat di Indonesia","authors":"A. H. Nusantara","doi":"10.17304/ijil.vol1.4.566","DOIUrl":"https://doi.org/10.17304/ijil.vol1.4.566","url":null,"abstract":"","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77919617","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.vol8.4.312
Kresno Buntoro
The Indonesian waters are for world seaborne trade, naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters.
{"title":"Perspectives on Enhancing Safety and Security in Indonesian Waters","authors":"Kresno Buntoro","doi":"10.17304/ijil.vol8.4.312","DOIUrl":"https://doi.org/10.17304/ijil.vol8.4.312","url":null,"abstract":"The Indonesian waters are for world seaborne trade, naval movement, and other maritime interests. So it has a strategic value for maintaining economic security, peace, and stability in the region. Indonesia has the responsibility to address the challenges presented by activities conducted in its waters, such as marine pollution, depletion of marine resources and criminal activities at sea. These challenges also arise out of the fact that there are only a few provisions in the United Nations Law of the Sea Convention which regulate the obligations of ships or user states to share the burden faced by states which possess sea lanes of communication. The purpose of this paper is to provide an overview of maritime security challenges within Indonesia in light of its obligations to ensure safety of navigation and security. A number of recommendations are brought up to show efforts have been made by Indonesia in maintaining the safety and security in its waters.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81939895","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.VOL4.1.132
Romli Atmasasmita
International community has emphasized their commitment to combat “the most serious crime of the concerns to the international regarding the nature and the characteristic of such crimes that are often misunderstood amongst the professionals in Indonesian criminal law. Those differences lead to subsequent conquences on state’s criminal jurisdiction, particularly after considering the trans-boundary nature of such crime. The establishment of the International Criminal Court has created a new legal institution in international criminal law. It has reflected a significant change of criminal law that have been recognized since the 18th century.
{"title":"Karakteristik Tindak Pidana dalam Statuta ICC dan Dampak Pembentukan Pengadilan Pidana Internasional (ICC) terhadap Perkembangan Hukum Pidana","authors":"Romli Atmasasmita","doi":"10.17304/IJIL.VOL4.1.132","DOIUrl":"https://doi.org/10.17304/IJIL.VOL4.1.132","url":null,"abstract":"International community has emphasized their commitment to combat “the most serious crime of the concerns to the international regarding the nature and the characteristic of such crimes that are often misunderstood amongst the professionals in Indonesian criminal law. Those differences lead to subsequent conquences on state’s criminal jurisdiction, particularly after considering the trans-boundary nature of such crime. The establishment of the International Criminal Court has created a new legal institution in international criminal law. It has reflected a significant change of criminal law that have been recognized since the 18th century.","PeriodicalId":36998,"journal":{"name":"Indonesian Journal of International and Comparative Law","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87035396","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.VOL4.3.157
Teguh Sulistia
War and armed conflicts have been the major problems in international law especially for their dejected impacts such as physical, psychological, and material loss for the victims. Wars and armed conflicts are subject to international humanitarian law so that people are protected from the soldiers’ violence where they kill each other in defending their national interests. Humanitarian law also has a purpose to protect wounded soldiers and prisoners of war from inhuman treatments. However, these wars and armed conflicts shoul be prevented because they have more disadvantages than advantages to human beings.
{"title":"Pengaturan Perang dan Konflik Bersenjata dalam Hukum Humaniter Internasional","authors":"Teguh Sulistia","doi":"10.17304/IJIL.VOL4.3.157","DOIUrl":"https://doi.org/10.17304/IJIL.VOL4.3.157","url":null,"abstract":"War and armed conflicts have been the major problems in international law especially for their dejected impacts such as physical, psychological, and material loss for the victims. Wars and armed conflicts are subject to international humanitarian law so that people are protected from the soldiers’ violence where they kill each other in defending their national interests. Humanitarian law also has a purpose to protect wounded soldiers and prisoners of war from inhuman treatments. However, these wars and armed conflicts shoul be prevented because they have more disadvantages than advantages to human beings.","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":"77340908","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.VOL3.4.126
Mutiara Hikmah
Mixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly.
{"title":"Perlindungan Hak-Hak Perempuan dalam Perkawinan Campuran Berdasarkan Instrumen-Instrumen Internasional tentang Hak Asasi Manusia","authors":"Mutiara Hikmah","doi":"10.17304/IJIL.VOL3.4.126","DOIUrl":"https://doi.org/10.17304/IJIL.VOL3.4.126","url":null,"abstract":"Mixed marriage is common thing in Indonesia. The Data collected by the Civil Register Office said, this type of marriage is increasing from time to time. Mixed marriage, however, has strong relation with women rights concerning nationality aspect. The regulation about women rights are embodied comprehensively, in both national and international human rights instruments. However, the protection of women rights, especially in nationality aspect from the mixed marriage, has not been addressed properly.","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":"73764732","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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