lawyers    news    services     law update

h o m e




Indonesia Law Update:

2008, 2007, 2006

[October 2008]

ASEAN Charter Ratified. After months of long debate, the Indonesian parliament finally ratified ASEAN Charter on Wednesday, 8 October 2008, the last country in ASEAN to ratify the Charter. The signing of document on ASEAN Charter bill was represented by Minister of Foreign Affairs Hassan Wirayudha, Minister of Trade Mari Elka Pangestu, and Minister of Law and Human Rights Andi Mattalatta, representing 10 Fraction and governments in Commission I at the Parliament. However, questions remain by the parliament of the urgency of ASEAN Charter as a legal ground of ASEAN transformation into a solid organization. Also the disagreement with the voting mechanism (Article 20), a creation of a slower ASEAN and a longer in taking decision. Beside of that, the parliament also disagree with the unclear sanction of ASEAN Charter violation, and human rights body mandate which cannot be guaranteed by the Charter and its effectiveness (Article 1). However, the parliament foresee the Charter to bring benefit for Indonesia. According to Hassan Wirayudha, �ASEAN Charter ratification is a first step of ASEAN transformation to accomplish a full integration as a community in 2015�.

[July 2008]

Indonesia must Refuse WTO Agreement. The refusal are based on the exclusion G33 of developing countries represented by Indonesia as spokesman, during the WTO meeting in Geneva ending 30 July. Transparency are the keyword where developing countries must be involved during negotiation attended by G7 members Australia, Brasil, China, European Union, India, Japan and the United States. Indonesia on behalf G33 compelled 'Special Products` (SP) and `Special Safeguard Mechanism` (SSM) to be accommodated in the modality draft for agriculture to protect developing countries farmers at villages being the least protected under the WTO Agreements in Agriculture. The WTO mechanism under the scheme allows developed countries to pour big subsidies to its farmers, subsidy not allowed by developing countries. Further, the scheme of trade liberalization is also unfair where duties differs. At the end, food defense are the most vulnerable for most developing countries. However, disagreements between developed countries, existed, such as India and China vs the US and EU. France as member of the EU request EU's clarification and transparency. The WTO meeting has been delayed for 7 years already due to a number of disagreements.

Indonesia - Timor Leste Concluded on Timor 1998. The result issued by Truth and Friendship Commission (KKP) established by both countries, primarily suggested, that both government institutions are those responsible for the human rights violation during the East Timor Poll between the pro-East Timor independence versus pro Indonesia integration in September 1999. Since 11 August 2005 the KKP team members recommendations are drawn in seven chapters and one special chapter, emphasize not on legal grounds, but more on the future commitments by both countries to set up a good relationship.

Legal Note: The KKP recommendations presented in the absence of a number of foreign nationals and foreign countries who refused to witness during the incidents of 1998, since their direct involvement are clear and published. Most Indonesian people also believe, that natural resources of minerals at the Timor Gap between Indonesia and Australia are the  main concern. The integration of East Timor into the 27th Province of the Republic of Indonesia in 1975 was not an issue until late 1980. After its independence, strong tie of culture and economy between Indonesian and Timor Leste, remain.


[March 2008]

Government Expects ASEAN Charter to be Ratified by July. The Charter is expected to be ratified by July after receiving informal approval from the House, according to a foreign ministry official. The ramification and thorough explanation documents as requested by the House will be submitted in April or May, where the House are very concerned of  decision making, consensus, voting,  the promotion and protection of rights.

[February 2008]

Indonesian Minister of Public Health� Siti Fadillah Supari� Book on Bird Flu Make US-WHO Infuriated. The 182 pages book published in Bahasa Indonesia and English version, succeeded cracking the conspiracy between Unites States administration and the WHO in developing biology weapon from bird flu virus, Avian Influenza (H5N1), a policy lasted for 50 years. The book, �It�s Time for the World to Change, Divine Hands Behind Bird Flu�, shows that after the virus spread and haunted the world, companies from develop country produce vaccines, then sold it to the market with a high price in developing countries, including Indonesia. However, no compensation, no license and business orientation raised Minister' anger, right of sovereignty and pride. She also further added, that developing countries dignity cannot be play around on the basis of Global Influenza Surveillance Network (GISN) WHO. Of her works, a London-based magazine, The Economist, has put the writer a breakthrough character which started the revolution in saving the world from bird flu effect, where Sitifadillah Supari at this time has chosen the best weapon proven useful than the best vaccines in the world in overcoming the threat of bird flu, where transparency is the keyword. Following the success of the first book, the second book is about to be released, soon. The book has also caused the WHO in Jenewa agreed to all demand from Fadillah, by agreeing sharing virus and eliminate GISN. A typical Indonesian' brave breakthrough.

Developing Countries React to WTO Proposal.  Developing countries on Friday welcomed WTO proposals to farm trade but voice reservations on those calling for further opening of their own markets for industrial goods. The draft agreement on agriculture presented by the WTO a week ago "is a good basis for further work,� according to a Brazilian ambassador, where it sought after positions offer the best prospects for a balanced and reasonable outcome for the Doha Development Agenda. The WTO�s inclusion in its proposal of an average minimum reduction of 54 percent in customs duties leveled on developing country agriculture exports by industrialized nation. The G20, which besides Brazil includes such emerging powerhouses as China and India, had put forward the same proposal. But emerging market countries were less enthusiastic about the WTO draft on manufactured goods, which �largely ignored their proposals�, where �It sparked a negative reaction� according to a source. The WTO text calls on about 30 emerging countries to set a 23 percent maximum level on their custom duties on industrial products. But the document also drops any reference to the number of products a country would be entitled to protect from too sharp a decline in custom duties. The WTO ministerial meeting in April 2008 aimed at forging a north south consensus on trade in farm and manufactured goods with the hope of wrapping up the Doha talks by the end of the year. The European Commission meanwhile gave a cool reception to the new Doha Round negotiating texts from the WTO, urging a better balance. It become crucial that the texts now move forward rapidly and in a way that reflects the mainstream views of the WTO membership. The EU believes that the necessary balanced between the (industry and service) and agri texts has not been found.

~ 2007 ~

[November 2007]

ASEAN Charter Signed in Singapore on 20 November 2007. Now ASEAN is a law subject under the Charter, a charter established by High Level Task Force on the Drafting of the ASEAN Charter (HLTF), a mandate by the ASEAN through the �Cebu Declaration on the Blue Print of the ASEAN Charter�, signed in the Phillipine on  13 January 2007. Indonesia was represented by the Indonesian Director General for ASEAN Cooperation of the Indonesian Department of Foreign Affairs,  Mr. Dian Triansyah Djani. The ASEAN Charter consist of a Preamble, 13 Sections and  55 Articles, which are the General Principles, declaration and general agreement, legal personality, rights and duties of member states, organizational structure and function, decision-making and procedures, peaceful dispute settlement mechanism, budgeting and finance, procedure and administration, identity symbols, external relations, and general provisions. Indonesia has successfully shown its leadership in the insertion of democracy principles, good governance, human rights protections, regional defense, sustainable development, peaceful meaning of dispute settlement and the establishment of ASEAN Human Rights Entity.

[October 2007]

World Food Day, 16 October 2007. The event reminds Indonesians that since 1998, following the 1994 WTO trade liberalization, Indonesia turn to be a net importer of foods as a result of import surges, such as beef (85% import surge in 2000), rice (84% in 1998), corn (72% in 2000), and sugar (50% in 1999) and chicken (121% import surge in 1999). The volume of import for 10 food products in 1996-2005 shows significant increase reaching USD 1.6 billion, annually. These are as a result of agricultural subsidies by developed countries to its farmer, such as 80% by OECD, protection at 34% by the European Union, South Korea (73%), Norway (66%), Japan (64%). Protection and subsidies are the keywords for developed countries to maintain transnational companies - TNC control over the world's food supply. Products protected varied from rice (5.43), sugar (2.04) and milk (1.85). It means, the price are dumped, an unfair trade practices under the WTO rules. TNCs took control of 16 food products around the world, a limited type of wheat, rice, corn and nuts, instead of maintaining other foods grows in a number of developing countries.

[March 2007]

Indonesia Chaired the G-33 Meeting. The meeting on 21 March 2007 will be participated by 15 ministers and 28 member countries, with  agenda to reinforce the bargaining position of G-33 at the next WTO Meeting in April 2007, following Mini MInstrial meeting at Davos in January 2007. Members also aimed at finalizing the Doha Development Agenda' discussion.

[February 2007]

Director General of the WTO Pascal Lamy, Visited Indonesia. The visit purposes are to establish close dialogues on the WTO issues in NAMA, SP, SSM and Special Products with regard to tariffs elimination and market access for the upcoming Doha Round. This is in relation to Indonesia's role as Chairman of the G-33.  On the WTO law, Pascal also admitted that in general the WTO laws are unfair, at least not yet fair, but the legal system now is far better than it used to be. He also admitted that WTO Secretariat pays more attention to the developing countries than to the developed countries. These were addressed during WTO workshop held by the Forum WTO Indonesia, attended by Minister of Foreign Affairs, Minister of Trade, Indonesian Ambassador to WTO, members of the Forum WTO Indonesia and WTO  stakeholders.

[January 2007]

Indonesia take role in the ASEAN Summit Meeting 2007 in Cebu, the Phillipines. A new ASEAN draft of Declaration will soon be released, where ASEAN new form will reform its internal secretarial organization and emphasize on the involvement of the ASEAN people. In political stability, Indonesia, as the founder of ASEAN also non-permanent member of the UN Security Council took approach on Myanmar's domestic issues, by offering a concept of two-fold concept on military involvement in the country.

~ 2006 ~

[December 2006]

ASEAN Accelerate its Cooperation. The XII ASEAN Conference at Cebu, the Philippines, stated that 3 pillars in economy, security and culture will be the basis to accelerate the cooperation, a re-statement of Bali 2003 Declaration by the ASEAN Member Countries. The meeting will also prepare for an ASEAN Charter, Convention on the Protection of Migrant Worker, Convention on the Acceleration Preparation ASEAN Community and Cebu Sharing and Caring Community.

[November 2006]

US-ASEAN to Cooperate in 8 Sectors in 2007. The Cooperation also pivoting 30 years of relations between both, a subsequent of plan action to implement Enhanced Partnership 2007-2011. 8 major sector will soon be implemented, such as good governance, combating corruption, IPR, SME's,  reducing HIV/other diseases, and cooperation in IT, communication, technology, energy, disaster management and environmental management.

Indonesia become the member of UN ECOSOC. The said membership of the UN' organ, the Economic and Social Council, is for the 2 years term, supported by 184 out of 192 member during the United Nations' General Assembly meeting 2 November 2006.   Indonesia represent Asia region together with the Philippines, Iraq and Kazakhstan.

[August 2006]

US-ASEAN Agreement. The said Trade Investment Framework Agreement has been under discussion since 2002, are initial step before the Free Trade Agreement (FTA) to push more trade and investment between the US and ASEAN until 2010, ASEAN (with 560 million of population) is the 4th largest trade partner for the US, where trade reached US$ 150 billion annually. The said agreement are sequential trade approaches to ASEAN following China and India.

Indonesian Minister of Trade Mari Elka Pangestu meets Australian Minister of Trade Mark Vaile. The meeting agenda held in Canberra and Brisbane are to discuss over several issues such as the Terms of Reference for the Expert Group, revitalize last years' Action Agenda Trade and Investment Framework, optimizing AUSAID Program for the Indonesia' BPEN (National Development for Export Program), and business meetings between private companies. The major aim are to strengthen economic ties between Indonesia and Australia. 

[July 2006]

Russia's WTO membership, delayed. Russia's attempt to join WTO within the last 10 years are supported by 149 WTO member countries, except the US. However its membership delayed due to the trade dispute with the US. Russia currently is the biggest gas explorer in the world, second largest in oil after Saudi Arabia.

Indonesia urges developed nations in WTO to also care about development.  Indonesian Trade Minister, Mari Elka Pangestu, has urged developed nations to show their leadership and flexibility to enable developing nations to make their contributions to World Trade Organization (WTO) negotiations. "As head of the Indonesian delegation and chairperson of the G-33 Group, I am disappointed about the results of the meeting as we all have agreed at the Doha round meeting that (WTO) meetings will not only be about trade liberalization or opening of broader market access but also on development and how all the developing nations can benefit maximally from trade liberalization," she said. Besides fighting for Indonesian interests, Minister Mari, in her capacity as coordinator of the G-33, also voiced the interests and aspirations of the Group. She held a series of coordination meetings with ministers of the G-33 member countries to fight for the Special Products (SP) and Special Safeguard Mechanism (SSM) for developing countries. G-33 has 46 member nations. (ANTARA News).

[May 2006]

Ambassadors for ASEAN. This is a proposal from a number of US Conggresman through a bill of �US Ambassador to the ASEAN�, considering that US-ASEAN trade has reached US 136 billion/year compared to US 130 billion/year between China-ASEAN.

[March 2006]

ASEAN toward an ASEAN Charter. To support its aim to ASEAN 2020, the ASEAN will soon establish its charter. 10 member countries will then appoint their Eminent Person's Group. Indonesia appointed Mr.Ali Alatas, ex Foreign Minister for two periods.

 ~ 2005 ~

[June 2005]

Indonesia and Japan signed the EPA - Economic Partnership Agreement.  Following the visit of President Susilo Bambang Yudhoyono to Japan last May, both countries agree to cooperate in an Free Trade Arrangement (FTA) Plus in the form of EPA. Sectors covered are trade of goods, services, government procurement, freedom of movement of persons, investment, intellectual property rights, investment and dispute settlement. Indonesia is the last country dealing with FTA in the region, ASEAN in particular.




 Indonesia Law Update:





June 2013

Malaysian Farming Companies Indicated for Smoke Pollution. The office of the Ministry of Environment released its on site investigation over the crisis of air pollution caused by arm burning by a number of individual and corporate owners, domestic and foreing, including 8 farms concession areas owned by Malaysian companies in Riau, Sumatera, west part of Indonesia.  The 8 Malaysian companies are PT Langgam Inti Hiberida, PT Bumi Rakksa Sejati, PT Tunggal Mitra Plantation, PT Udaya Loh Dinawi, PT Adei Plantation, PT Jatim Jaya Perkasa, PT Multi Gambut Industri, dan PT Mustika Agro Lestari, which is now under deep investigation and are lead to brought the case to the court, soon. The fog from farm burning has caused a critical air quality in the sorroundin of Riau, and spread to Malaysia and Singapore. The practice has long been prohibitied under the Indonesia Enviromental Law 1982.



[November 2012]

Indonesia to Support Regulation on the Impact of Cross Border-Oil Spill. The initiative is based on Indonesia's experience from handling risks taker of oil spill causing sea accidents and environment deterioration, which spills from the adjacent sea borders. The initiative was addressed by the Indonesian delegates during the 2nd international conference in Bali attended by 12 other countries. The supporting issues are of responsibility over oil spill and environment impact as result from off shores-ridge oil exploration and exploitation. The conference result will be brought to the upcoming International Committee of Maritime Law in January 2013.

[October 2012]

Again, Indonesian Domestic Worker Abused. The case was of an Indonesian domestic worker reporting being raped by 3 Malaysian Police Officer in Bukit Mertajam, Pulau Penang, Malaysia early Noivember 2012. The three police officers are Nik Sin Mat Lazin, 33, serving in the Malaysian Police Office for 13 years already, Syahiran Ramli, 21, 2 years and 1 month in service and Remy Anak Dana, 25, 1 year and 2 months in service. In general, Indonesian domestic workers with low education and less protection have been a victim of a repeated and subsequent abuses of blackmailing, shooting and rape by the Malaysian Police Officers. The accused three police offiers has been detained awating for trial, while the victim, Ms Miranti is a housemaid originally from Batang Village of Central Java, Indonesia now is under the protection at the Indonesia Consulate General Office in Penang, Malaysia. The Indonesian BNP2TKI - the Indonesian National Body serving Protection Indonesian Workers urged the Malaysian government to re-educate their police officers with bad and inhuman attitude in treating Indonesian workers.

[September 2012]

High Court Malaysia Ruled 12 years Imprisonment for Torture of an  Indonesian in 2004. The court ruling at Putrajaya in Malaysia is the culmination of justice seek by an Indonesian domestic worker Nirmala Bonat who has been tortured by its Malaysian employer Yim Pek Ha of 44 in 2004. The final ruling is 4 years lower than previously ruled by the lower court with sentence of 18 years, whereas High Court did not see evidence of Yim to hit the victim with an iron glass. The court has proven that Nirmala was in fact tortured by YIm by pressing Nirmala with hot iron, poured Nirmala with hot water causing severe and permanent pain all over the body. The Indonesian Consulate as the representative for Nirmala is in agreement and accept the ruling. The tort proceeding remain for the unpaid salaries and material injury.



ASEAN single currency is not easy. The idea to establish a single currency within the ASEAN region of 10 member countries is not easy, according to the European Union  Trade Commissioner, Karl de Gucht in response to the above idea during the ASEAN Summit meeting. Indonesian Trade Minister Marie Pangestu also responded that EU need 60 years to built a system, including a central bank. Further, economic growth, development, level of social between the ASEAN countries are not that equal to those of the EU member countries. However, the potential remain, with 500 million population of 10 ASEAN member countries, high economy growth, market, USD 1,4 billion total trade values (2009) and resources, it is still possible to establish a single currency.


Malaysia Agree on Protection Terms for Indonesian Domestic Workers. The other terms in the renewed MOU between both Manpower Ministers also include compulsory one day weekly holiday, no holding passport by the employer, transfer costs, banking payment for salaries, and increased salaries, which regulation applied to only Indonesian domestic workers.  The 2 years talk of domestic workers by both ministries was initially triggered by numbers of torture by the Malaysian employers towards their Indonesian domestic workers in 2007, which was followed by moratorium by the  Indonesian government by temporary not to send these domestic workers to Malaysia.


2010, 2009

 [November 2011]

[November 2011]

RI-Malaysia Border in Tanjung Datu border delimitation: both countries to discuss. The border delimitation between Indonesia and Malaysia at Tanjung Datu shall be decided within the law approach. Both countries understood the existing two legal papers applied at the conflicting border, namely the the MoU 1978 signed by Indonesia and Malaysia, and Dutch-British Agreement 1891. according an Indonesian international law scholar, indeed Indonesian negotiator must put its legal frame work that agreement is far more binding than MoU, where MoU serve only as an intent drawn in a piece of paper rather than law between parties. Therefor, the principle of law in general agreement such as �Pacta Sunt Servanda� shall only apply to agreement but not in the MoU. The Agreement 1891 remain in force, and far more descriptive and therefore binding accordingly rather than the MoU 1978 that contains general issue of intention. Another argumentation between both MoU and agreement is, that the 1978 MoU must be followed by an Agreement, instead the other way around. No Agreement is followed by MoU, be it in practice nor in conception or legal academic thought. Following the legal side, the coordinate points of borders between Indonesia and Malaysia at Tanjung Datu determined is also in question, since the coordinate determined unilaterally by he Government of Malaysia was false with no firm method and basis in doing so. The MoU points of coordinate serve only some technical method in determining the coordinate instead the firm and agreeable coordinate points to be drawn in an agreement between Indonesia and Malaysia. It is now up on the Malaysian government side to explain as part of their good intention in doing so and good neighboring principles.

[March 2010]

Indonesian Government Finance Consultants to be European Government Consultant. The recent request of the Indonesian government finance consultants to foreign finance institutions (such as Spain and Portugal) was conveyed by the Indonesian Secretary of Finance to the World Bank Head of Delegation in Indonesia. The statement instead of an arrogant one, was triggered by the success story of Indonesian finance consultant to curb the ratio decrease to level 30% (October 2009) from 89% debt ratio to GNP (2000). Early in January 2010, the world was shocked by debt crisis potential in Europe. Public debt of 16 European Union members came to average of 84% of Gross National Product (�GNP�) in 2010, beyond the maximum 60% of GNP limit of public debt, according to Development and Stability Pact. Germany which known for its strictness to maintain fiscal stability has been suffered 78% of GNP rising on public debt this year. France public debt has attained 75.8% of GNP on III quarterly period of 2008, while Greece already in the level 120% of GNP in 2010 (Kompas, January 4, 2010). In Asia, Japan�s debt was estimated to reach 53.5 trillion yen, equal as US$ 597 billion, in undergoing budget period 1April 2009-31 March 2010, which already a record for this country.

Two Indonesian representations serve in ASEAN Commission of Woman and Children Protection (ACWC). Both are Ahmad Taufik Damanik and Rita Serena Kalibonso, together with another commissioner from ASEAN countries member to build system to monitor children rights implementation in Southeast Asia and other sensitive issues, such as child trafficking issue in Mekong regional which includes Thailand, Vietnam, Laos, Cambodia, and Myanmar and Indonesia-Singapore-Malaysia issue, which is projected for the next three years. Children recruited for army or involved in arm conflict which happened in Mindanao-South Filipina, South Thailand, and Myanmar is part of the concern. ACWC is a new commission established by ASEAN to carry woman and children human right issues.

[February 2010]

17 Indonesian Public Universities ranked as 100 South East Asia� Webomatrics Best Universities. The 17 state-owned universities together with other 5 Indonesian private universities are led by the Gadjah Mada University in the 8th position, followed by other public universities namely, Bandung Institute of Technology (10), University of Indonesia (17), Universitas Negeri Malang (28), Institut Teknologi Sepuluh Nopember (31), Universitas Negeri Surakarta (43), Airlangga University (45), Brawijaya University (58), Diponegoro University (59), Bogor Institue of Agriculture (61), Padjadjaran University (65), Indonesia Education University (67), Sriwijaya University (70), Lampung University (85), STT Telkom (86) and Universitas Negeri Yogyakarta (100). While the privae universities are Universitas Kristen Petra (19), Universitas Gunadarma (24), Universitas Islam Indonesia (74), Universitas Muhammadiyah Surakarta (76) and STMIK Amikom (81). The first to three positions is given to the National University of Singapore, followed by Kasetsart University Thailand, and Prince of Songkla University Thailand. Webometrics affiliate with Spanish National Research Council, releases such list every January and July, annually.

[January 2010]

Indonesia to lead as Asian coordinator for Asian-Latin America (FEALAC). The appointment resulted from Secretary of Foreign Affair Summit held in two days in Tokyo, Japan, and ended 17 January 2010. According to the Indonesian Secretary of State, Marty Natalegawa, Indonesia is well prepared for bridging Asia and Latin America, as  been proven in the 1955 Asia-Africa Conference in Bandung. With the same spirit, Indonesia shall become likewise in Asia-Latin America cooperation.

~ 2009 ~

[December 2009]

Indonesia to Review Free Trade Agreement (FTA) ASEAN-China. The review are as requested by a number Indonesian manufacturer associations in anticipation of the impact which FTA in force in 1 January 2010. The associations manufacture primarily are steel, footwear and textile, are seen as sensitive products less competitive and therefore, seeks for more protection from the Indonesian government. Other industries are furniture and cosmetics, where the Indonesia less competitiveness are due to in favorable policies applied by the government of China for its domestic industries, such incentives and better infrastructure. Thus, the FTA is seen merely for the benefit for the said countries. To respond this, the Indonesian department of Trade and Department of Industry will set up a team to review the said possibility.

[November 2009]

Indonesia and Malaysia finally come to an initial agreement over the Indonesia Domestic workers in Malaysia. The said which issues are crucial due to many human rights abuses by the Malaysian Employers. The points in agreements covers the issue of minimum wages, paid insurance by the employer, one day weekly leave, passports hold by the employee and finally compulsory psychological test for employers prior to employment. The Malaysian government have objection over the paid salaries, admitting that most Malaysians homes are not in the capacity to pay salary of 250 US dollars per month to the domestic workers, particularly after the financial crisis where poor families increases significantly in Malaysia. Indonesia also urge psychological test for Malaysian employers, since in most cases of human rights abuses towards Indonesian domestic workers by the Malaysians are identified that the most Malaysian employers are mentally ill. Transparent and qualified legal system is also another issue in Malaysia, where most criminal cases of human abuses no yet settled.

[October 2009]

Indonesia at Strategic Level in G-20. The Indonesian President Susilo Bambang Yudhoyono in his speech at the G-20 in Pittsburgh last September, welcomes the permanent G-20 as an institution where Indonesia is included. He expected G-20 to bring a better civilization, representing the east and the west, and even Islamic Civilization and a forum to build a much safer world. He is of the opinion that G-20 replacing G-8, will play different significant role than G-7 or G-8, which both G-7 ands 8 only represents developed countries, mostly from Europe, except Japan as Asian representation. Indonesia sit at number 16 on the world� big economic growth. 

[September 2009]

Dispute Over Songs between Indonesia and Malaysia. The Indonesian song titled �Terang Bulan� and Malaysian national anthem called �Negaraku�, are exactly same in its introduction and intonation, except for the lyrics and patriotical beat for the Malaysian Anthem. According to Lokananta, an Indonesian State Enterprise in recordings, the Indonesian �Terang Bulan� song was recorder by Lokananta in a choir version at the Republic of Indonesia Government Radio in 1956, a year earlier to Malaysia independence. The recorded song was copied into phonograph and sited in Lokananta Archive in 1965. Lokananta Archive only stated that the said song is an entertainment song or a popular public song, in Keroncong genre categorization, on 11 minute and 15 second duration and without a composer name. The said song rerecorded to a phonograph on 16 March 1965, together with 3 other keroncong genre songs. �Terang Bulan� was popular in Indonesia years before recorded. The old generation who lived on the era of the said song must be agree that the Malaysian national anthem �Negaraku� was copied from �Terang Bulan�.

[August 2009]

Malaysia back on the Black List of Human Trafficking: US Government. The list is due to the failure of the Malaysian government to meet minimum requirement and less significant effort of human trafficking, a list which put Malaysia from Watch List status in 2008 and Blacklist status in 2007 together with other 16 countries such as Saudi Arabia, Kuwait, Chad, Eritrea, Nigeria, Mauritania, Swaziland, and Zimbabwe. In respond, the Malaysian government refused, by saying they have taken significant moves to solve it. The said announcement is on US Report in the �Trafficking in Persons Report 2009� at 173 countries all over in the world.

[June 2009]

Malaysia Navy trespassed Indonesian Seawaters at Ambalat. The move by Malaysian Navy and coastguards at the Ambalat areas in late May 2009, was then ordereds to leave the waters by the Indonesian sea patrol KRI Untung Suropati. The appearance of KD Yu-3508 (Malaysian navy boat) fast attack craft-gun type boat, on 04.03.00 LU/118.01.70 East Longitude position, already entered Indonesia territory at 12 sea miles, clearly violating the UNCLOS on sea border territory. The moves were held more than 10 times by Malaysian navy and airships for the last 1 month, have increased tensions between both governments and Defense Secretaries. To avoid from further gun attacks, the Malaysian Parliament and Malaysian Minister of Defense has submitted its formal apology to the Indonesian government, mid June 2009.

[May 2009]

Indonesian Navy caught Malaysian Fishing Boat in Riau Island of the Indonesian Territorial Waters for Illegal Fishing. According to the Indonesian Balai Karimun Navy HQ Commander, Navy Lieutenant Colonel Kusmayadi, the 5 Malaysians are still under investigation for illegal fishing at the Iyu Kecil territorial watery, Karimun regency, Kepri Province, which  violated Law No. 31 year 2004 on Fisheries. The Malaysian fishing boat number JHF 58 B GT 6,37, captained by Lee Book Soen is exploring fish from Kukup Laut, Pontian, Malaysia, . entered the Indonesian territorial waters with fish trap. According to statistic, released by the Indonesian Minister of Marine and Fisheries Freddy Numberi. illegal fishing at the Indonesian waters has caused Rp. 30 billion state loss, annually, which is decreasing lately. Illegal fishing is mainly triggered by lack of raw materials in the China, the Phillipines and Thailand, where illegal fishing at the Indonesian waters is seen as an alternative.  The said legal issues of marines and fisheries are now being handled through the signing of MOU by the Indonesian General Attorney and the Ministry of Fisheries to force the said countries to establish fishery industries in Indonesia instead of illegal fishing.

[March 2009]

Indonesia-Singapore Delimitation. The sequential eight meetings held by both negotiation team since 2005, finally concluded by the signing of the delimitation agreement on sea border for both countries by Indonesian Minister of Foreign Affairs Hassan Wirajuda, and Singaporean Minister Of Foreign Affairs George Young Boon Yeo, in Jakarta earlier this March 2009. This is a follow-up of the past similar sea border agreement on May 1973. The fixed sea borders stretching 12.1 Km long covers the Nipa island and Tuas islands. Both countries have come to an agreement to negotiate the next East I and II sea borders, between Batam and Changi, Bintan and South Ledge/Middle Rock/Pedra Branca. The maritime technical negotiation team consists of a few departments and inter-state agency from Indonesia, such as the Department of Foreign Affairs, the Department of Defense, the Department of Transportation, the Ocean and Fisheries Department, the Department of Energy and Mineral Resources, the Army HQ, and the National Survey and Mapping Coordination Body. 

Italian Minister of Foreign Affairs, Franco Frattini: Tolerance in Indonesia, a Model for the World to Learn. The International Conference on �Unity in Diversity, the Culture of Coexistence in Indonesia� in Rome, was held by the cooperation of the Indonesian and Italian government with Communit� di Sant� Egidio. It is said that, Indonesia is a country with the largest Moslem population in the world, as well as a model for the moderate Islamic tradition, who live side by side peacefully with other religions for over hundred years. Prof. Andrea Riccardi, the founder of Sant� Egidio, said that Indonesia is a plurality laboratory (pluralism), and the world needs civilization, where people shall live side by side, peacefully (so called 'civilization of coexistence'). This conference is a forum to learn and share experiences, and its aim is to build a high-level dialog between representatives of Islamic organization in Indonesia and scholars from Italia. The resource persons from Indonesia are General Principal of PBNU KH. Hasyim Muzadi, Prof. Dr. Bachtiar Effendi, Prof. Dr. Siti Musdah Mulia, Prof. Dr. Azyumardi Azra, Uskup Martinus D. Situmorang, representative from Indonesian State Ministry Prof. Atho Muzhar, Prof. Dr. Komaruddin Hidayat dan Dr. Fatimah Husein. Indonesia also stated its willingness to be the home country for the upcoming conference next year.

WIEF: Jakarta Declaration by Islamic Countries. The World Islamic Economic Forum on its the 5th conference in Jakarta, Indonesia, declared the mutual agreement between Islamic countries called the �Jakarta Declaration�. One of the important points is to accommodating the Indonesian government proposal, brought by the Indonesian President Soesilo Bambang Yudhoyono on the structuring the support fund from and used by the syariah (Islamic Law) economic based countries or known by Islamic Expenditure Support Fund. The Jakarta Declaration then establishes seven groups of recommendation, namely (1) recommendation to overcome global financial crisis, (2) steps to secure food product, (3) energy protection, (4) the global development of small and medium size business, (5) the development of business conducting by women in Moslem country, (6) the capacity development of young leader in the Islamic Conference Organization (OKI) country, and (7) the agreement on education development.

Indonesian and Australian Government signed MOU on Visa. The annual 100 double -function visa is particularly designed for Indonesian students both for holiday and work, valid for students age of 18-30 years old subject to requirements the ability to speak both countries languages, healthy, good behavior, and single.  The aim of this MOU is to provide chances for Indonesian students to travel and learn about the life, culture, economy of the neighboring country, while working as their source of fund during holiday. Indonesia is the 7th country in agreement on the implementation of this double function visa. The 100 initial visas is subject to examination the upcoming year.

Indonesian and Australian Government signed MOU Human Trafficking. The MOU is to avoid the case where Indonesia has become a pivot point for this trafficking to Australia. Both Indonesian Minister of Law and Human Rights, Andi Matalata, and Australian Minister of immigration and Citizenship, Chris Evans agree to discuss the details in the upcoming Bali Peace Meeting, such as Rohingya tribe from Burma. For the latter particular case, Indonesia has its policy to provide an immigration detention house in Tanjung Pinang,  while seeks for  an integrated solution in a short time.

[February 2009]

US to play more role in ASEAN. The official statement was delivered by the US Secretary of State Hillary Rodham Clinton during the official visit to the ASEAN Secretariat in Jakarta, Indonesia. US current administration expects to accelerate the signing of Treaty of Amity and Cooperation in the Southeast Asia. The Minister also admitted that this is the first time the US emphasized its foreign policy toward ASEAN member countries in order to empower a productive ties through cooperation, which under the previous US administration was not on priority. The US region strategic positioning in ASEAN are being mapped as a region  characterized by its particular orientation in trade, significant economy power, and as a key to solve problem in climate change and terrorism. The ASEAN Secretariat in response, is of the opinion that US current administration views its commitments in politics and security over the region. Technically, the US will soon attend the ASEAN  Post Ministerial Meeting in Bangkok, this July, and implementation through facilitation and training support for the ASEAN staff at the ASEAN Secretariat.



Indonesia Law Update:

Year on Year

  2 0 1 8    -   2 0 1 9
  2016  -  2017
  2012  -  2013
2010  -  2011
  2004  -  2005
UNSW Law Alumni