STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE

The success of global governance depends on the coherency of efforts of its actors, notably states. States are expected to meet their international obligation, including through their domestic policies. As a member of the international community, Indonesia has become a party to numerous treaties and...

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Main Author: Ary Aprianto
Format: Article
Language:English
Published: Faculty of Law, Universitas Lampung 2021-03-01
Series:Lampung Journal of International Law
Subjects:
Online Access:https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/2102
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author Ary Aprianto
author_facet Ary Aprianto
author_sort Ary Aprianto
collection DOAJ
description The success of global governance depends on the coherency of efforts of its actors, notably states. States are expected to meet their international obligation, including through their domestic policies. As a member of the international community, Indonesia has become a party to numerous treaties and participated in various effort to address global challenges. Yet reference to international law by Indonesia’s domestic court has so far been justified only for the sake of improving the quality of judgment or maintaining Indonesia’s standing as a law-abiding state. Further, most Indonesia’s legal scholars focus their attention on the position of international law in the domestic legal hierarchy, and how monism and dualism approaches influence the implementation of international law at the national level. This article focuses on how domestic court judgments have impacts outside national borders. It employs a normative research method, and uses the Central Kalimantan Forest Fire case as the stepping-stone of discussion. It concludes that the application of international law by Indonesia’s domestic court supports the intention of delivering a high quality judgment and strengthening the global governance.
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spelling doaj.art-450cae458e9f4b5abcc2c21d6c8a5f412022-12-22T03:26:37ZengFaculty of Law, Universitas LampungLampung Journal of International Law2656-65322723-26032021-03-013111810.25041/lajil.v3i1.2102844STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASEAry Aprianto0Ministry of Foreign Affairs of IndonesiaThe success of global governance depends on the coherency of efforts of its actors, notably states. States are expected to meet their international obligation, including through their domestic policies. As a member of the international community, Indonesia has become a party to numerous treaties and participated in various effort to address global challenges. Yet reference to international law by Indonesia’s domestic court has so far been justified only for the sake of improving the quality of judgment or maintaining Indonesia’s standing as a law-abiding state. Further, most Indonesia’s legal scholars focus their attention on the position of international law in the domestic legal hierarchy, and how monism and dualism approaches influence the implementation of international law at the national level. This article focuses on how domestic court judgments have impacts outside national borders. It employs a normative research method, and uses the Central Kalimantan Forest Fire case as the stepping-stone of discussion. It concludes that the application of international law by Indonesia’s domestic court supports the intention of delivering a high quality judgment and strengthening the global governance.https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/2102international lawdomestic courtglobal governanceinternational law at domestic level
spellingShingle Ary Aprianto
STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE
Lampung Journal of International Law
international law
domestic court
global governance
international law at domestic level
title STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE
title_full STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE
title_fullStr STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE
title_full_unstemmed STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE
title_short STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE
title_sort strengthening global governance indonesia s court and the central kalimantan forest fire case
topic international law
domestic court
global governance
international law at domestic level
url https://jurnal.fh.unila.ac.id/index.php/lajil/article/view/2102
work_keys_str_mv AT aryaprianto strengtheningglobalgovernanceindonesiascourtandthecentralkalimantanforestfirecase