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Treaties Under Indonesian Law

Author: Dr. Iur. Damos Dumoli Agusman

Publisher: Rosda

Published: 2015-10-01

Total Pages: 564

ISBN-13: 9796925974

Buku ini meneliti masalah perjanjian di bawah hukum internasional dalam hubungannya dengan hukum domestik, buku ini terutama ditujukan untuk siswa, legislator dan praktisi hukum yang tertarik menegakkan hukum internasional di Indonesia. Buku ini semakin menarik karena berisi analisis komparatif dari negara-negara yang dipilih: China, Afrika Selatan, Jerman dan Belanda. Buku Persembahan Penerbit Rosda

The Indonesian Law of Treaties 1945-1990

Author: Sik Ko Swan

Publisher: Martinus Nijhoff Publishers

Published: 2023-08-28

Total Pages: 251

ISBN-13: 9004632778

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This is a comprehensive collection of data on the treaty law of Indonesia which has its origin in the assumption that the availability of these data is among the preconditions for a correct understanding of the Indonesian international position and its international rights and duties. There is no official collection of Indonesian treaties in existence. Part One presents a concise description of the Indonesian law and practice concerNing treaty-making power and the publication of treaties. It deals with the constitutional provisions and their interpretation and application and places them in a wider perspective. Part Two comprises chronological indexes of multilateral and bilateral treaties. These indexes contain data on forty items, where available, regarding each treaty, such as the sources of the texts, the subject matter, the Indonesian consent to be bound, Indonesian reservations and declarations, the date of ratification, amendments, revisions and replacement. These main indexes are supplemented by a subject index and indexes of Acts of Approval and Presidential Ratification Decrees which are published in the Indonesian State Gazette. The volume will be of use to practising lawyers involved in Indonesian transactions, officials in the field of international relations involving Indonesia and academic researchers on the international law of treaties.

The Indonesian Law of Treaties, 1945-1990

Author: Swan Sik Ko

Publisher: Springer

Published: 1994-01-14

Total Pages: 260

ISBN-13:

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This is a comprehensive collection of data on the treaty law of Indonesia which has its origin in the assumption that the availability of this data is among the preconditions for a correct understanding of the Indonesian international position and its international rights and duties. There is no official collection of Indonesian treaties in existence.

International Human Rights and Local Courts

Author: Aksel Tømte

Publisher: Taylor & Francis

Published: 2024-04-29

Total Pages: 196

ISBN-13: 1040022820

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This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

Indonesian Law

Author: Tim Lindsey

Publisher: Oxford University Press

Published: 2018-09-06

Total Pages: 416

ISBN-13: 0191665576

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Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Indonesia, Law and Society

Author: Timothy Lindsey

Publisher: Federation Press

Published: 2008

Total Pages: 756

ISBN-13: 9781862876606

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Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.

A Global Analysis of Tax Treaty Disputes

Author: Eduardo Baistrocchi

Publisher: Cambridge University Press

Published: 2017-08-17

Total Pages: 2216

ISBN-13: 1108150381

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This two-volume set offers an in-depth analysis of the leading tax treaty disputes in the G20 and beyond within the first century of international tax law. Including country-by-country and thematic analyses, the study is structured around a novel global taxonomy of tax treaty disputes and includes an unprecedented dataset with over 1500 leading tax treaty cases. By adopting a contextual approach the local expertise of the contributors allows for a thorough and transparent analysis. This set is an important reference tool for anyone implementing or studying international tax regulations and will facilitate the work of courts, tax administrations and practitioners around the world. It is designed to complement model conventions such as the OECD Model Tax Convention on Income and on Capital. Together with Resolving Transfer Pricing Disputes (2012), it is a comprehensive addition to current debate on the international tax law regime.

International Investment Treaties and Arbitration Across Asia

Author: Julien Chaisse

Publisher: BRILL

Published: 2018-02-05

Total Pages: 725

ISBN-13: 9004360107

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International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.

The State and Illegality in Indonesia

Author: E. Aspinall

Publisher: BRILL

Published: 2011-01-01

Total Pages: 340

ISBN-13: 9004253688

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The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).

Separating Powers: International Law before National Courts

Author: David Haljan

Publisher: Springer Science & Business Media

Published: 2012-10-30

Total Pages: 335

ISBN-13: 9067048585

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The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.