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Arie Afriansyah
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INDONESIA
Indonesian Journal of International Law
Published by Universitas Indonesia
ISSN : 16935594     EISSN : 23565527     DOI : https://doi.org/10.17304/ijil.vol18.4.824
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of international law in Indonesia and in the region. We welcome scholars and practitioners to contribute to IJIL in shaping the rule-based international community. IJIL offers current academic debates on the development of the field from the viewpoints of/or about Indonesia and other parts of Asia and the developing world at large. Each issue of IJIL accepts manuscripts on conceptual, theoretical, and practical topics published on a thematic basis. IJIL invites writers to their views that would strengthen the role and effectiveness of international law in an exploratory and non-descriptive style.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 482 Documents
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Achieving Multilateral Investment Court Through EU-ASEAN Expansion of Bilateral Investment ‘Court’: Is It Possible? Permana, Rizky Banyualam
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Legitimacy of international investment law is in crisis. One particular area of international investment law that has been progressively re-developed is the area of investment dispute settlement. The EU sees the multilateral investment court as a proper solution to reform ISDS in the future. To achieve this final goal, starting from the bilateral level, the EU has included investment court provisions as an ISDS mechanism in its latest trade and investment agreement with its trading partners, among others, EU-Viet Nam FTA and IPA, as well as EU-Singapore FTA & IPA. This paper addresses central questions on how could existing investment court system in EU and ASEAN member states’ Investment Protection Agreements (IPA) can be expanded towards multilateral investment court in the future, and what are the challenges that can be expected from such expansion. It critically analyses concluded agreements between the EU and some of ASEAN Member States. I argue that for now, it is unlikely that multilateral investment court expansion will happen soon considering the challenges and concerns expressed by both sides.
Revisiting U.S – China Aggressive Use of Outer Space: A Comprehensive International Law Outlook Towards Military Activities in Outer Space Muhammad, Alif Nurfakhri
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Outer Space, as the area on which freedom of use is guaranteed by the Treaty, creates a condition in which nations conduct their military activities. These activities however, were only limited to those conducted using nuclear weapons and/or containing nuclear materials. The principle of Peaceful Uses of Outer Space has been proven inadequate to regulate these activities. This has resulted to launches of weapons to Outer Space to destroy satellites, as conducted by the United States and China. These launches, whatever the purposes are, may cause hazardous repercussion to other State’s activity in Outer Space. This article will comprehensively elaborate on related International Law and other measures which regulate military activities in Outer Space, especially on the launch of non-nuclear weaponry under any purposes. From these analyses, we can conclude that however inadequate the Outer Space Treaty article’s stipulation in the matter, there are other stipulations of international law that we can gather that regulates military activity in Outer Space.
Small Claims Court Mechanism in Business Dispute Resolution as an Attempt to Apply Fast-Track Basis in the District Courts and its Comparison with Some Countries Retnaningsih, Sonyendah; Velentina, Rouli Anita
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The implementation of Small Claims court mechanism according to Supreme Court Regulation (PERMA) Number 2/2015 concerning Procedures for Small-Claims Court Resolution recently granted a breakthrough in the civil justice system particularly in Indonesia. It was reached by the Supreme Court in order to reduce the court burden against cases with disputes below IDR 200 million rupiah. The disputes resolution by Small Claims court mechanism is done by a single judge assisted with registrar and must completed within 25 working days, the final decision is binding, thus unable to ask for appeal or judicial review. This article tries to comprehend dispute resolution through Small Claims mechanism in several state courts, such as Medan district Court, Palu, and the Jember. The study, also aims to comprehend the comparison of Small Claims mechanism in Indonesia and small claims in the Netherlands and UK in business disputes resolution. The study employs a normative juridical method. Based on the studies, the implementation through Small Claims court mechanism in Indonesia has been carried out in accordance with the Supreme Court Regulation Number 2/2015. Comparison on business dispute resolution using Small Claims court mechanism in Indonesia and in Netherlands and UK proof that the proof mechanisms whether in Indonesia, Netherlands and United Kingdom relatively simple. Legal remedies for Small Claims decision in Indonesia and the verdict in the Netherlands and in England are limited. The distinction is that the case number in Indonesia is higher than the number in the Netherlands and England.
Foreign Direct Investment Restriction Policy as an Effort to Empower Micro, Small and Medium Enterprises Zulfikar, Ary
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Foreign Direct Investment is one of the important means to increase a country’s economic growth through equitable development. However, countries such as Indonesia, often put restrictions on their foreign investment policies. The purposes of this research are: 1) to explain the restrictive policies which are imposed upon foreign investments in Indonesia and to compare them to those of other countries in Asia; 2) to explain the practical impact of such restrictive policies on foreign investments in Indonesia. The author uses a qualitative-descriptive research method. The research is also conducted through a juridical normative approach. This research shows that: 1) Restrictions on foreign investment is regulated under the Presidential Regulation of the Republic of Indonesia No. 76 of 2007 on Criteria and Requirements for Formulation of Business Fields Closed to Investment and Business Fields Conditionally Open to Investment; 2) In its implementation, Presidential Regulation No. 76 of 2007 has not yet been able to boost sustainable economic growth evenly via the empowerment of MSMEs or domestic investors.
Moving Cultures: Engaging Refugee and Migrant Culture Rights in International Heritage Law Lixinski, Lucas
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In thinking about the rise of the Anthropocene, an important facet of this looming new era remains under-explored: namely, how cultural identity, and its tangible and intangible markers, are to be renegotiated and protected. Notwithstanding that the origins of international heritage law lie in protecting heritage in times of crisis (wartime and natural or man-made disasters), regimes under UNESCO for safeguarding cultural heritage in international law are ill-prepared for the challenges of the Anthropocene. A particular question that needs to be considered is the protection in international law of cultural heritage and identity when communities are displaced from their homes. Because international cultural heritage law is connected to state territoriality, states have the ultimate authorizing power over the meanings and uses of cultural heritage. In the past, this power has at times been used to the detriment of minority groups contesting the majoritarian state. But how might this power play out in a context where communities are forced to move? What, if anything, can international heritage law do to ensure that these populations, who have already lost their homes and livelihoods, can maintain their cultural identity through the protection of their heritage? I argue that international law’s separation between the cultural and biological facets of human existence presents a major obstacle to safeguarding the cultures of migrant and refugee groups, ultimately frustrating the very objectives that this separation was meant to achieve, namely, the protection of these populations. Only by reintegrating biology and culture can international law create the means for reimagining civilization in the Anthropocene.
Cultural Heritage Protection as a Security Issue in the 21st Century: Recent Developments von Schorlemer, Sabine
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Throughout history, cultural property has permanently been at risk in armed conflict as belligerents always aimed at razing to the ground or plundering the enemy’s cultural heritage. Cultural property is a war victim time and again, either by armed attack or by collateral damage. This background opens the way for new insights into research on cultural heritage protection as a security issue in the 21st century. In order to fight the root causes of heritage destruction and extremism, UNESCO is advocating strongly a comprehensive approach, using also its “soft power” across the Organization’s mandate. Thus, despite its limited resources, UNESCO is an important actor in promoting a culture of peace, justice and tolerance on a worldwide scale.
Military Application of Unmanned Underwater Vehicles: In Quest of A New Legal Regime? Nainggolan, Jeremia Humolong Prasetya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Unmanned Underwater Vehicles (UUV) is commonly used for current military operations. There are three legal issues arising out of it, namely (i) legal status; (ii) immunity; and (iii) configuration and rule of the road. The international community has also witnessed the impact of the unregulated UUVs military operation. The article will examined these legal issues in the perspective of international and national law and States practice. To enrich the discussion, legal scholars and practitioners views on UUV will be included. The capability of UUV will also be discussed to increase the comprehension of its role in military operations. Based on existing regulations, either in the international or national law, UUV is not expressly regulated. Furthermore, numerous State react to and/or conduct military application of UUV differently. Hence, it can be suggested that in preventing more incidents, UUVs need to be regulated, either in new regulations or amendment to existing regulation. If it is not possible, states can be urged by the international community and other relevant stakeholders to adopt best standard or practice in their national regulation.
Alternatives to Immigration Detentions With Particular Focus on Children Jakuleviciene, Lyra
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Immigration detention is costly, ineffective and raises a number of human rights concerns. Numerous studies have demonstrated the detrimental effect of such detention on states and individuals. This prompted the States to search for alternative solutions that would, on the one hand – assist in reaching the objectives of migration control of foreigners on their territories, on the other – ensure that human rights of migrants and refugees are not undermined. Although various legal models of alternatives to detention (ATDs) already exist, the alternatives are still finding obstacles on their way to legislation and practice of various States. The research paper dwells into the newest developments in international law and State practice with regard to regulation, application and challenges of ATDs taking into consideration the particular situation of unaccompanied minors. It focuses on the analysis of the benefits and setbacks of ATDs available throughout different regions of the world and examines the relevance of ATD models for transit and destination countries,
Reclaiming Jakarta North Coast: Perspective from Defense, Security and Constitutional Aspects Setiawati, Vera Wheny
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia defines itself as a maritime country, since its territory consists of four-fifth sea and only one-fifth land. Indonesia’s sea territory is particularly important in uniting the country, as the sea is a medium for interconnectivity, national integrity, resources, diplomacy, national defense and security. This paper will focus on the sea’s significance to Indonesia’s national unity in its role as a medium for interconnecting the country’s many islands, and the implications thereof to Indonesia’s national security and defense. This paper will discuss within this context in particular the reclamation of Jakarta’s north coast, the 32-kilometer coastline of Indonesia’s capital city. The reclamation project will reclaim a total of 27,000 hectares of land, and privatize the whole extent of Jakarta’s coastline, which serves as the city’s gateway to the sea. This paper will thus examine how to negotiate the various political, economic, social and cultural interests within the reclamation project, and address issues regarding national defense and security arising from the project. This research applies a normative empirical methodology, and intends to provide a scientific basis for the argument that as Jakarta’s coastline is crucial in terms of national defense and security matters, the coastline should therefore be managed by a state agency and remain publicly accessible.
RESPONSIBILITY OF STATES TO PROTECT HUMAN RIGHTS OF CIVILIANS IN INTERNAL WAR SITUATIONS: A LEGAL ANALYSIS FROM A HUMAN SECURITY PERSPECTIVE Seneviratne, Wasantha
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Main objective of this research paper is to examine and evaluate the applicable legal standards governing the responsibility of states to protect their own people affected by the ravages of internal wars from a human security perspective. It will further discuss the responsibility of state to investigate the violations of human rights committed in such war situations and the need to prosecute the alleged offenders to provide redress to the victims of such violations. The violations of human rights will be broadly defined in this research to include both human rights and violations of humanitarian law in the context of non-international armed conflict situations. This paper will draw special attention to the international community’s queries pertains to the alleged violations of human rights and humanitarian law principles against the protection of civilians during the civil war in Sri Lanka.

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