Introduction to The Problem: The debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged. Purpose/Objective Study: This paper intends to discuss the existence of international law in the formation of Indonesian national regulations concerning the protection of traditional knowledge. Design/Methodology/Approach: This research designed as doctrinal legal research. The data used in this study are secondary data which analyzed qualitatively Findings: From the results of research and discussion it is known that stipulation of regulations related to the protection of traditional knowledge in Indonesia needs to be accompanied by efforts to encourage the acceptance of national interests in international agreements, both through increasing TRIP agreements and the ASEAN framework. Also, it must be ensured that all binding international legal instruments related to traditional knowledge will truly benefit especially the community of traditional knowledge owners in Indonesia.
AbstrakPenelitian ini berfokus mengenai peran ASEAN sebagai organisasi regional dalam melakukan penanganan pengungsi Rohingya. Hasil penelitian menunjukkan bahwa ASEAN memiliki hambatan dalam melaksanakan perannya dalam melakukan penanganan pengungsi, etnis Rohingya yang berasal dari prinsip non-intervensi. ASEAN juga perlu membangun mekanisme penanganan pengungsi yang didasarkan pada kesepakatan dan kerja sama serta memperhatikan ketentuan-ketentuan dalam hukum internasional yang berkaitan dengan mekanisme penanganan pengungsi itu sendiri.Kata Kunci: ASEAN, penanganan, pengungsi, peran, Rohingya. ASEAN Challenges on Managing the Handling of Rohingnya Refugees Abstract This research focuses on the role of ASEAN, as a regional organization, in handling Rohingya refugees. The research results show that ASEAN has barriers in carrying out its role in handling Rohingyas refugees which is derived from the principle of non-intervention. ASEAN also needs to establish a refugee handling mechanism based on agreement and cooperation and taking into account the provisions of international law relating to the refugee handling mechanism itself.
This paper focuses on the origin and development of women’s rights and the principle of gender equality in the perspective of legal philosophy.Women's rights as part of Human Rights were born and developed from thoughts about the importance of protecting and fulfilling the rights of women who belong to vulnerable groups and also to ensure gender equality.Although it has been accommodated in various national and international legal instruments, de facto fulfillment of women's rights must still be ensured by each country.Fulfillment of women's rights in the perspective of legal philosophy seeks to obtain justice as the highest goal of the law itself and ensure the realization of the principle of equality before the law.
The inauguration of the ASEAN Declaration of Human Rights was inseparable from criticism from several parties, especially human rights organizations both within and outside ASEAN member states. This paper focuses on the function and mandate of the AICHR (ASEAN Intergovernmental Commission on Human Rights) and its influence on the effectiveness of the fulfillment of human rights obligations ASEAN member states. The results showed that within its mandate AICHR there is no balance between the functions of promotion and protection function because of the ambiguity of vision for an ASEAN Human Rights set the standard, which is between universal standards and particularist that maintains the principle of "Asian values" and "non-interference". These different points of view led to the implementation of human rights obligations fulfillment by member states of ASEAN to be very varied
Women are very important figures to ensure sustainable development. This paper discusses the role of women in environmental protection from the perspective of eco-feminism and law. This research is a non-doctrinal legal research with a socio-legal approach. The data used are secondary data obtained through literature studies, then the data that has been obtained is analyzed qualitatively. It is learnt from the discussion that eco-feminism as a thought that criticizes the dominance of patriarchy over control of environmental management and has succeeded in encouraging environmental protection movements carried out by women in various countries. Women are key actors in using, managing and protecting natural resources. Environmental preservation is closely related to the role of women. From a legal perspective, eco-feminism is an effort by the people to seek justice as the main goal of law and ensure the principle of equality before the law inmonitoring, protecting and enjoying the benefits of environmental sustainability.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.