Indonesian Journal of International & Comparative Law

Publisher:
The Institute for Migrant Rights
Publication date:
2014-03-27

Description:

As a premier Global South-based scholarly publication, The Indonesian Journal of International & Comparative Law is the first of its kind. The Journal aspires to serve as an influential international forum for scholarly analysis, that advancing leading edge debates in legal discourse and beyond. Since its first publication, it has garnered wide critical acclaim in the service of reinvigorating the reconceptualization of the law reform enterprises in beyond the Western world. By positioning itself in the vanguard of scholarship, the published viewpoints are curated from a wide range of contributors, starting from novices to multiple Pulitzer Prize winning authors. The Journal has regularly illuminated pressing legal questions across the continent, prominently cited by, among many others, the U.S. District Court Eastern District of New York in the U.S. v. Chin Chong and the U.S. Court of Appeals for the Ninth Circuit in the State of Hawaii and Ismail Elshikh v. Donald J. Trump et al. In addition to being listed as cited in many world’s eminent law journals, its unique nature has allowed the Journal’s publications to transgress the impenetrable boundaries of the academia, including the prestigious L.A. Times, Human Rights Watch’s World Report, and the American Bar Association’s India Law News.

Latest documents

  • Human Rights Abuses in the Enforcement of COVID-19 Lockdown Measures: A Catalyst for Change

    COVID-19 ravaged the world for most of 2020. Along with the destruction from the virus itself, much of the world’s population has been subjected to lock-down measures often resulting in human rights violations due to overzealous police enforcement. The U.N. Security Council is in a unique position to give global guidance to this issue through a resolution. This Article gives recommendations for what a resolution should include and suggests that a resolution made to address COVID-19 policing might be the catalyst needed to help the developing world reform their criminal justice systems long-term. Keywords: Pandemic, Global Governance, United Nations, International Legal Mechanism

  • Local Knowledge, Jokowi Wrote
  • Notes on Contributors
  • Preface
  • The 'Deluded Instrument of His Own Conviction:' On the Admissibility of Custodial Statements and Confessions under the Indian Evidence Act, 1872

    Under section 27 of the Indian Evidence Act of 1872, an influential British enactment that ‘still forms the basis of a number of Evidence Ordinances in the Commonwealth’ and is still applicable in the Republic of India, such parts of an accused’s custodial statement (including a full custodial confession) can be used as proof against the accused. The Law Commission of India unfortunately has found section 27 to be one of the leading causes of custodial torture and police misconduct. The Supreme Court of India agreed. The Court, and before that the British courts have rendered several decisions interpreting section 27. However, this rich body of case-law has not yet been subjected to any critical academic inquiry. This paper, intending to fill this gap, examined for the first time with section 27 jurisprudence as it has evolved in India (including important decisions from British India era), and the following was discovered: (i) a survey of key section 27 case-law discloses that the jurisprudence developed by the Supreme Court of India in this area is disjointed and lacks coherence; and (ii) the Court’s jurisprudence discloses four distinct schools that are contradictory to each other. This survey demonstrates the urgent need on the Court’s part to remedy this lack of coherence and inconsistencies in order to reform Indian evidence law insofar as the admissibility of custodial statements and confessions is concerned. Keywords: Legal Transplantation, Litigation, Criminal Procedural Law, Legal Interpretation

  • Direct Action and Expediency: The Killing of Qassem Soleimani

    This article examines the notion of national security decisions by the U.S. and its allies over the with a notion of expediency complicating intelligence, legal, and operational decision-making: was killing General Soleimani a legitimate military objective? In conclusion, the author offers a past-is-prologue commentary on how and why expediency can and should be avoided in future national security decision-making. Keywords: International Law, Targetted Killing, Terrorism, National Security, International Humanitarian Law

  • Notes on Contributors
  • The Ex Officio Power of the Arbitrator to Raise New Issues of Law in Islamis Finance Disputes

    The legal nature of arbitration varies from the legal nature of litigation. While the judge derives his authority from the state power, the arbitrator derives his powers, in the first place, from the parties' agreement. The power of the court to raise new issues of law ex officio is widely recognized. When it comes to arbitration, the matter is more complicated. The ex officio power of the arbitrator to raise new issues of law is controversial in international commercial arbitration. The situation is even more complicated in contemporary Islamic finance disputes due to the nature of the applicable law to the merits of such disputes. Sharia, which is the applicable law or a significant part thereof, obliges the arbitrator to apply the mandatory rules of Sharia ex officio regardless of the parties' claims. Under Sharia, the primacy is to its mandatory rules, contrary to international arbitration which grants the primacy to party autonomy. This sometimes results in a conflict between the rules of Sharia and the rules of international arbitration. This paper examines to what extent the arbitrator may raise new issues of law ex officio in Islamic finance disputes. The paper argues that the arbitrator has a power, not a duty, to raise new issues of law ex officio in Islamic finance disputes; however, such a power is surrounded by considerable practical and legal challenges which may impede it. In doing so, the paper compares the scope of arbitrator's power between Islamic legal theory and international arbitration theory. It also examines and analyzes the available case studies which deal with the ex officio power of the arbitrator to raise new issues of law in Islamic finance disputes.

  • Hiding in the Shadow: The Legacy of Colonial Sodomy Laws and Strategies for Their Repeal

    Asia is home to an estimated 220 million LGBTQ people across forty-nine countries; however in twenty-one of these countries, LGBTQ people are still subjected to prosecution under colonial-era sodomy laws. The common characteristic amongst the majority of the countries that criminalize sodomy today? They are former British colonies. This article tracks the implementation of sodomy laws in former British colonies in Asia, describes how these former colonies addressed sodomy laws after becoming sovereign nations, and compares how multiple countries, including India, Singapore, and Myanmar repealed or attempted to repeal sodomy laws. This article also recommends strategies to encourage the acceptance of LGBTQ rights and ultimately to repeal the remaining sodomy laws. These recommendations are based on successful strategies used in Asia and address how people, non-governmental organizations, and the government can stimulate changes.

  • Progress? A Comparative Analysis of Disability Law in Former Soviet Countries

    This piece compares the rights of the disabled under the Soviet Union to the rights of the disabled in modern-day Russia and Estonia. The paper included Estonia because Estonia is the richest and most stable former Soviet Nation, so it would create a good contrast to Russia because Estonia has been able to flourish despite having to transition out of decades of Soviet control. The piece uses the comparison between all three states to look at what role the rule of law has on the rights of the disabled. Both the USSR and Russia had many issues with the rule of law, while Estonia is a stable democracy. The paper also seeks to evaluate whether disabled people have unequivocally better lives in post-Soviet Russia compared with the Soviet Union. The paper concludes that despite Russia technically being freer than when it was under Soviet control, many of the issues for the disabled in the Soviet Union remain in modern-day Russia due to Russia’s deteriorating rule of law. Estonia, on the other hand, has created a myriad of rights for the disabled because it has a responsive democracy.

Featured documents