Indonesian Journal of International & Comparative Law

- Publisher:
- The Institute for Migrant Rights
- Publication date:
- 2014-03-27
Description:
Issue Number
- Nbr. 29, January 2021
- Nbr. 28, October 2020
- Nbr. 27, July 2020
- Nbr. 26, April 2020
- Nbr. 25, January 2020
- Nbr. 24, October 2019
- Nbr. 23, July 2019
- Nbr. 22, April 2019
- Nbr. 21, January 2019
- Nbr. 20, October 2018
- Nbr. 19, July 2018
- Nbr. 18, April 2018
- Nbr. 17, January 2018
- Nbr. 16, October 2017
- Nbr. 15, July 2017
- Nbr. 14, February 2017
- Nbr. 13, January 2017
- Nbr. 12, October 2016
- Nbr. 11, July 2016
- Nbr. 10, April 2016
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
- Mapping Law & Development
This paper presents an overview of the emergence and evolution of the concept and field of Law and Development. The concept of Law and Development covers a variety of aspects. These aspects acquire different meanings depending on different criteria and approaches. It depends on the geographical...
- The Legal Status of the State of Israel: A Libertarian Approach
- The Promise of the New Swiss Asylum Procedure Model: Current International Protection in (E.U.)rope
Since its establishment, the Common European Asylum System tries to regulate asylum and related issues commonly within the E.U. territory. This paper focuses mainly on the current challenges as a result of misinterpretation of the international principles and norms in the E.U. law concerning the...
- State Responsibility and Cyberattacks: Defining Due Diligence Obligations
Cyberattacks are proliferating. Live trackers record over 6 million cyberattacks daily. Information technology-dependent societies increasingly perceive cyber- threats as a destabilising force and citizens inevitably look to the State for protection. This paper concerns one form of State protection:...
- International Law and Child Marriage in Africa
In recent years, civil society organizations in many countries around the world, as well as international organizations, such as UNICEF, have redoubled their efforts to end child marriage, prevent girls from marrying too young, and provide support for those girls that were already married as...
- Modernizing Colombian Corporate Law: The Judicial Transpalant of the Business Judgment Rule
The business judgment rule (“Rule”) is one of the most widely discussed legal doctrines on US Corporate Governance Law. Various jurisdictions outside of the US have adopted some version of the Rule. Recently, a specialized corporate law court in Colombia transplanted the Rule to such jurisdiction....
- State International Responsibility and Transnational Pandemic: The case of COVID-19 and the People's of Republic of China
This article addresses the possibility of state responsibility for transnational epidemics or pandemics, especially focusing on COVID-19 as a case study, a pandemic originated in the People’s Republic of China. To that end, this article analyzes this issue grounded on international health...
- 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...
- All Bark and No Bite? Rhetoric and Reality in the War on Terror
This paper argues that not only has the "war on terror" failed to hinder terrorism, it has also unequivocally failed to have any appreciable impact on the content of international law. The doctrine of the "war on terror" initially mixed together aspects of human rights and...
- 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? ...