Indonesian Journal of International Law
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.
Articles
482 Documents
<![CDATA[SOME REFLECTIONS ON ‘THE FUTURE WE WANT’: IS THE’SUSTAINABLE DEVELOPMENT’ PARADIGM AS A GUARANTOR OF ECOLOGICAL SECURITY UNDER SERIOUS THREAT? ]]>
<![CDATA[Rangreji, Luther]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The Rio+20 Declaration on the “Future We Want”, is a political document that conveys the aspirations of the international community and provides a blueprint for a programmatic action to ensure sustainable development for the future. The six sections which the “Future we Want” focusses are: a shared common vision; renewing political commitment; green economy; institutional framework for strengthening sustainable development; framework for action; and means of implementation. For reasons of felicity the paper is divided into the following sections: (i) the general conceptual framework of sustainable development; (ii) Right to Development and eradication of poverty; (iii) Role of Green economy in guaranteeing sustainable development; (iv) Financial resources and transfer of technology; (v) Roadmap for the Future of sustainable development. The paper will endeavour to investigate the ‘sustainability of sustainable development paradigm’ based on two critical themes, namely: (a) whether the paradigm of ‘sustainable development’ that guarantees ecological security is under a serious threat, as was evident from the attitudes of developed countries at the Rio+20 Conference; and (b) possible solutions, based on the principles of common but differentiated responsibilities (CBDR) and equity which are imperative to sustain and further strengthen the existing international legal order by consolidation of principles of ‘solidarity’ and international cooperation among all countries, to be able to achieve sustainable development for preservation of planet Earth and future generations.]]>
<![CDATA[TOWARDS A NOVEL APPROACH HEALING LANGUAGE RIGHTS OF MINORITY: THE CASE OF SRI LANKA ]]>
<![CDATA[Bawa, Mohamed Mowjoon Atham]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Sri Lanka is a multi cultural country comprises of five main ethnic groups: Sinhalese, Tamils, Moors, Malays and Burgher. Language and ethnic heritage distinguish these groups. The Sinhalese are the largest ethnic group in the country comprising 74.5 percent of the population and 99.5 percent of this population are Buddhists and speak Sinhala. The Tamils are approximately 16.5 percent of the population use Tamil as their native language. The Moors constitute around 7.9 percent of the population, 95 percent of them speak the Tamil language. The Malays who originated in Southeast Asia comprise of 0.41 percent of the total population and speak Malay, Tamil, Sinhala and English. Finally, Burghers make up of 0.3 percentage of the Sri Lankan population. They are of European ancestry and have remained Christians and speak English and Sinhala. In Sri Lanka, language is one of the key contributing factors in representing the ethnic identity and concerns about national language have been influential in both cultural and political sphere; it has been the major cause of strife between the Sinhalese and the Tamil speaking population. The impact of language divide remains influential even after the cessation of hostilities and the ending of the civil war. This paper will focus on the critical evaluation of language rights as a key element of the second generation of human rights; economic, social and cultural rights (ESCR). The paper will also explore the underpinnings of ESCRs and its particular application to language rights of the Tamil speaking minority and will examine the various legislative attempts to protect language rights of the Tamil speaking minority and identify the reasons for the failure of those initiatives and will propose effective mechanisms for implementing language rights.]]>
<![CDATA[MESUJI CASE: IS THERE A VIOLATION OF ECONOMIC RIGHTS? THE AVAILABILITY OF JUDICIAL SETTLEMENT MECHANISM ON THE VIOLATION OF ECONOMIC AND SOCIAL RIGHTS IN INDONESIA ]]>
<![CDATA[Kusumawati, Erna Dyah]]>;
<![CDATA[Kusumo, Ayub Torry Satriyo]]>;
<![CDATA[Sasmini, Sasmini]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[This article focuses on the factors triggering the Mesuji conflict and the similar cases happening in Indonesia. In addition, this paper seeks to find the available settlement alternatives which can be used to solve the conflict. The study will take a long, hard look on state practices (South Africa and India) concerning on the settlement of the economic and social (socio-economic) rights. The conclusion drawn is that a conflict involving society’s rights and interests should be solved in a comprehensive way. It cannot be solved only by litigation or non-litigation procedures. The Government should establish a policy concerning the regulation on the land expropriation. Also the government should monitor the implementation of the regulation in order to prevent from the abuses carried out by third parties (companies). Thus, the government will protect the socio-economic rights of the society]]>
<![CDATA[THE APPLICATION OF ISLAMIC ECONOMIC SECURITY SYSTEM FOR A BETTER HUMAN SECURITY IN INDONESIA ]]>
<![CDATA[Dewi, Gemala]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[As the 2010 Indonesian demographic Statistic data predicted that in the year 2020-2030 Indonesia will have overpopulation of young people at the productive age (18-50 years old) in about 69%. So there is a need to find solution on jobs and welfare for those segments of people. Islam as the religion of majority people of Indonesia has a teaching regarding this matter that has been known as Islamic economic security system, by means of zakat, waqf, trading and business manner that could give some solutions for the betterment for human economic security to this country. By using normative and comparative method of research, this paper will lead to the conclusion that the country needs to lagislate the shariah principles of contract and economic system due to secure the human rights on transactions and economic activities.]]>
<![CDATA[RETROSPECTIVITY AND HUMAN RIGHTS IN INDONESIA: HOW CAN IRREGULARITIES BE RESOLVED ]]>
<![CDATA[Suhaeb, Irsyad Dhahri S]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[To join the international community in committing protection to human rights, Indonesia consequently manifested the commitment through its constitution. However, there are still homework need to be done, including how to clarify the meaning of retrospective, also acknowledged as ‘retroaktif’, indicated in the Article 28I (1) of the 1945 Constitution. Three retrospective cases decided by the Constitutional Court were used to examine Indonesian practitioners’ understanding on retrospective principle in line with human rights, they are cases of Masykur of Terrorism Law, Abilio Soares of Human Rights Court Law, and ex members of banned political Party-PKI in General Election Law. Through these cases, it is interestingly seen that retrospective issues of human rights were implemented variously according to the interests in national socio-political needs. This made retrospectivity issue within human rights still open to be discussed more in setting up Indonesian human rights.]]>
<![CDATA[INDONESIA’S NATIONAL POLICY ON OFFSHORE MINERAL RESOURCES: SOME LEGAL ISSUES ]]>
<![CDATA[Kusumaatmadja, Mochtar]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[There are many legal issues arising from the field offshore mineral resources activities, one of them is about the ownership of the resources and the right to explore and exploit. This article discusses the historical background of the law governing offshore resources in Indonesia and then completed by the current development of this field.]]>
<![CDATA[HUMAN SECURITY AND THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN THE ENFORCEMENT OF LANGUAGE RIGHTS POLICY IN SRI LANKA ]]>
<![CDATA[Bawa, Mohamed Mowjoon Atham]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Human security is about protecting people, however it has gone ahead of the traditional security definitions and focusing on evolutionary changes in the human security infrastructure. The arguments over human security are not new. Human security is a comparable undisciplined argument for a return to enlightenment liberalism. United Nations Commission on Human Security defines human security as the protection of “the vital core of all human lives in ways that enhance human freedoms and fulfilment.” As such, this encompassing approach does not distinguish “freedom from fear” and “freedom from want” for individual citizens. This paper will explain 2 key points which are language rights as human rights in the Sri Lankan context and National Institutions. It is based on during the civil war the Sri Lankan citizens were not able to enjoy the language access efficiently therefore the innocent people were not able to express themselves in their own language and were treated as terrorists rather than the normal citizens of Sri Lanka.]]>
<![CDATA[STATE RESPONSIBILITY FOR ENVIRONMENTAL DAMAGE DURING INTERNATIONAL ARMED CONFLICT POST THE UNCC ]]>
<![CDATA[Afriansyah, Arie]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The 1991 Gulf War heralded many developments in international law, and particularly in the fields of humanitarian law and environmental law in regards state’s liable for paying compensation for environmental damage resulting from their conduct during armed conflict. Despite this positive development, the environment has still been the victim of subsequent international armed conflicts such as the 1999 Kosovo conflict, 2003 Iraq war and 2006 Israel-Lebanon war. No belligerent was deemed liable for environmental damage as a result of unlawful actions under international law in these international hostilities. As a consequence, perpetrators of wartime environmental crimes went unpunished. Therefore, this article attempts to analyse factors that may contribute to the ineffective implementation of state responsibility for environmental damage during international warfare following the 1991 Gulf War, and suggests some steps that may be taken to improve the enforcement of state responsibility for environmental damage during inter-states armed conflict.]]>
<![CDATA[Approaches to Trademark Infrigenment in ASEAN Countries: Anaylisis of How the Case is Likely to be Deciden in Indonesia ]]>
<![CDATA[Noerhadi, Cita Citrawinda]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[The purpose of the establishment of the Commercial Court is to resolve civil disputes in the field of Intellectual Property Rights (IPR). Settlement of civil disputes to the Commercial Court by special judges are expected to resolve disputes in a timely manner with high fixed honor law enforcement and to be fair and can meet the expectations of society. This paper would describe the Indonesia trademark law and discuss how the courts in Indonesia is likely to decide on the facts of three landmark cases, namely Whirlpool vs Kenwood; L’Oreal SA vs Bellure NV; and Och Ziff Management Europe Limited vs OCH Capital LIP which will focus on trademark owners perception of IPR infringement in Indonesia.]]>
<![CDATA[Online Piracy and Copyright Protection Through Internet (A Critical Review For The Intellectual Rights and Obligations Balance ]]>
<![CDATA[Makarim, Edmon]]>
<![CDATA[ Indonesian Journal of International Law ]]>
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<![CDATA[Internet as a new communication medium, is the result the information and communication technology convergence, which came in the form of an electronic system. In the intellectual property rights perspective especially in copyright context, an intellectual creation is protected as one’s property (a bundle of rights) that includes moral rights and economic rights. IPR protection paradigm actually dominated by private communication paradigm, so any communication of the intellectual work is the author's rights. Meanwhile, paradigm in the Internet is a mass communication, so the delivery and retrieval of any information communicated on the Internet is considered as the rights of every human being. These differences seemed lead to the ineffectiveness of any attempt to restrict copying or access to the use of a digital work.]]>
