International Law

Freedom of Information Law Web Tools

Posted on April 29, 2010
Happy Freedom of Information Law Day!!!Today, Indonesia embraces the new era of transparency by the entry into force of the FoI Law. This post will discuss exiting web tools used to enforce FoI regime around the world. The internet can be used to make transparency system more transparent! Here is how:1...

IWRM vs Water Governance vs Right to Water vs Water Security

Posted on April 28, 2010
Do they overlap?What is the 'comparative advantage' of each concept over another?What? IWRM is essentially about governance?Ah, you mean the human right to water is essentially about governance?What is 'not' governance?What 'is' governance?What? Did you just asked, if these concepts actually works?Well my friend, theories always work in theory, but seldom in practice...

Key issues on the human right aspects of water privatization (1) #lawtalk

Posted on April 27, 2010
This paper by Phillip Turri nicely summarizes the key issues of Private Sector Participation on the water services sector. The first issue I would like to raise here is the problem of universal coverage. Companies are, by default, a profit making entity, protected under corporate and commercial law...

Human Right Aspects of Private Sector Participation in the Water Sector

Posted on April 26, 2010
The summary of the UN expert consultation on the human right aspect of PSP is available in the FES website. The questions discussed can be seen here. Meanwhile, the number of feedback to the Independent Expert on the consultation continues to grow. This is the list of feedback...

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Three ways for your business to be implicated by the new Indonesian freedom of information law

Posted on April 26, 2010
1. Your business is defined as a 'public body' under the Freedom of Information Law2. You are engaged in a contract with the government3. You submit compliance report or any other data to government agencies (and some one else has an interest on that)I discussed this in detail, in my recent op-ed...

Does religion matter in corruption eradication?

Posted on April 25, 2010
I have been wondering why people who perform religious rituals can also be corrupt at the same time. Consider this passage from the renegade whistleblower police general Susno Duaji: Saya kira solusinya kita perbaiki moral melalui agama seluruh pimpinan negara ini...

Is water a 'commodity' or a 'human right'?

Posted on April 24, 2010
Have a look at this interesting clip:Same old question. Let me put it another way.1. Is education a commodity? You'd probably say no. But hey, why do we need to pay for piano and language courses? They should be freely provided by the state, no?2. Is health service a commodity? If no, then why do you have to pay your health insurance? 3...

Corruption allegation in Makassar's water project

Posted on April 23, 2010
The Indonesian Attorney General Office has started to investigate the allegation of corruption in the water sector. The amount money involved is 1 billion IDR. The project, which is fully funded by Makassar's regional budget is supposed to improve Makassar city's water supply...

Missing water and shadow users

Posted on April 22, 2010
There is an interesting op-ed in today's Jakarta Post about Water Resources. The author argues: There are three main reasons for the emergence of shadow users and the disappearance of water from the water table. First, on face value, unlike countries that face water scarcity, Indonesia has abundant and easily accessible water resources...

IWRM Course Sylabus

Posted on April 21, 2010
For those of you interested in Integrated Water Resources Management (IWRM), have a look at a 2007 sylabus for the course at Florida International University here. There are some links to downloadable materials, papers and lecture notes too.

The Controversial Blasphemy Law Verdict

Posted on April 21, 2010
Quick blogging. The controversial blasphemy law verdict by the Indonesian Constitutional Court has been published. You can download it here.What do you think about the verdict?Have your say.  

Water Law 101 (Free Ebook from FAO!)

Posted on April 20, 2010
Big Hat Tip to the author of our brotherly blog who send me the link to this free ebook from the FAO. The title of the book is Law for water management: a guide to concepts and effective approaches. If you are a water law aficionado, download freely here (and save it to your hard drive, before the link is broken!)Related articles by ZemantaUK Imports Most Its Water, Including From Places Suffering Water Shortages (treehugger...

MK: The Blasphemy Law is Here to Stay

Posted on April 19, 2010
It's been decided a few hours ago. The Constitutional Court ruled with one concurring opinion (Harjono) and one dissenting opinion (Maria) that the blasphemy law is here to stay. I do not think that this ruling with outlaw the possibility to submit another judicial review in the future...

Student Paper Contest - Renews Berlin 2010

Posted on April 19, 2010

Link to World's Freedom of Information Laws

Posted on April 16, 2010
We've been talking about FoI Law for quite some time in this blog, but I have yet to provide you with a link to the Indonesian FoI. Click here to see Law 14 Year 2008 on the Openness of Public Information (yep, that's the long name). Right2info.org provide a compilation of links to world's FoIs...

Vague articles in information law gives rise to concern | The Jakarta Post

Posted on April 15, 2010
A member of the Press Council, Wina Armada Sukardi, said on Monday in a discussion at the Press Council office in Jakarta that some of the articles could possibly criminalize the work of the press.He cited Article 51, which stipulates that institutions or persons using information in an ?unlawful manner? would face one year in prison and/or a maximum fine of Rp 5 million (US$544)...

Image via WikipediaFrom Manilla

Posted on April 15, 2010
Image via WikipediaFrom Manilla Bulettin: The Indonesian water system is also marked by high system loss, decades of under-investment in the water infrastructure, and a poor regulatory system. Rivera explained that "they are not anchored on cost reflective tariff so...

Marquette Law School adds new course to curriculum

Posted on April 14, 2010
Image via WikipediaWater law rising as a new  practice areaMarquette Law School adds new course to curriculumby Jack ZemlickaJune 22, 2009 Over the next decade, legal questions over the use and conservation of the state?s water supply are expected to multiply like the boats that dot the 15,000 lakes in Wisconsin each summer...

New Dates for Dialogue with Business Leaders and Regulators at EPSCA Forum, 6-8 July 2010

Posted on April 13, 2010
82410 - Official Brochure v7.pdf (593 KB)View this on posterous Due to new developments, EPSCA Forum is moved to a new date 6-8 July 2010. Following is the excerpt of the email I received:  Last week, a major development has occurred where major support from Dr Evita Legowo, Director-General ? Oil & Gas, Ministry of Energy, had been cemented which will bring us closer to the forum?s raison d'être, Reformed, Energetic and Efficient E&P Industry in Asia Pacific through fresher, commercially viable E&P agreements, and increased certainty on regulations, risks and returns from E&P investments in Asia, especially Indonesia...

Nature of the Indonesian Blasphemy Law

Posted on April 13, 2010
Image by helen.2006 via FlickrIn human rights conventions, religion tends not to be protected ipso facto. If there are limitations to the freedom of speech and expression, this limitation is aimed at preserving public order. So the human rights conventions does not protect religion, but protect the followers in practising their beliefs and can restrain those freedoms if public ordre is threatened...

The human right to water is not a property right

Posted on April 12, 2010
Recent developments in the right to water saga points out the unlikelihood of the human right system to pinpoint the exact amount of litres as the 'minimum core' on the right to water. Instead, the system leans towards 'reasonableness' approach. According to the Water Law Blog:Thus, the ex ante standard setting required by the materialisation of a determinate minimum core for human rights to water inevitably leads to the theoretical acceptance of exceptional situations where more water than actually required to cover basic human needs must be provided to a specific individual, BUT ALSO to situations where less water that actually required to cover basic human needs will be provided to a specific individual...

Welcoming the freedom of information law | The Jakarta Post

Posted on April 12, 2010
Welcoming the freedom of information law Mohamad Mova Al ?Afghani ,  Dundee, UK   |  Sat, 04/10/2010 9:42 AM  |  Opinion ?Sunlight is said to be the best of disinfectants; electric light the most efficient policeman? (Justice Louis D Bran-deis, On Other People?s Money and How the Bankers Use it, 1933, Chapter V)...

Religious Freedom in Indonesia Before and after Constitutional Amendments

Posted on April 10, 2010
After asking permission to the editor, I decided to revise my paper, previously published in a book by Brainbow Press.  The working paper version is available in the SSRN. Abstract is provided below. Do send me email/post some comments.  Download here, or read this SSRN page http://papers...

UN Water Quality Reader

Posted on April 07, 2010
Quick blogging.Click here for the links to publications by UN Bodies on Water Quality issues.

EPSCA 10 list of speakers (update 2)

Posted on April 06, 2010
To give you an update, this is the list of speakers for the upcoming EPSCA 10: Dr. Evita Legowo, Director General Oil and Gas, ESDM (tent.)Trijana Kartoatmodjo, Deputy Operations, BPMIGASBenny Lubiantara, Fiscal Policy Analyst, OPEC (as Advisor)Tariq Shafiq, Founding Executive, Iraq National Oil Company (also author of new Iraq oil law, Forum Chairman)Ittiporn Boonpracong, Deputy Director-General, Department of Treaties and Legal Affairs (Malaysia-Thailand Joint Authority)Faiz Shahab, Commissioner, PT Prime PetroservicesJoseph Amudi Tobing, Senior Legal Counsel, Hess LimitedPeter Godfrey, Vice President (Commercial), Arrow Energy International (on CBM development with PT Medco)Click here to download the brochure...

Water Governance in Malaysia

Posted on April 05, 2010
A new paper from Chan (2010) about water governance in Malaysia argues the importance of stakeholder participation, transparency and accountability. Chan opined that the current move towards the centralisation of water services provision in Malaysia should be reconsidered as it well have an impact towards participation and transparency in the water services sector...

Another 149 companies may be implicated in tax crime?

Posted on April 05, 2010
According to the Jakarta Post:There are at least 149 companies with tax issues related to Gayus, lawmaker Bambang Soesatyo said Thursday after a meeting with National Police chief Gen. Bambang Hendarso Danuri.?I have a list [of the problematic firms]...

The Pertamina Bribery Case: R v Innospec Limited

Posted on April 03, 2010
As you might be aware, the Indonesian Commission for the Eradication of Corruption (KPK) recently investigated the alleged bribery of former Indonesian's Pertamina (State owned oil company) top officials for delaying the enforcement of TEL-free gasoline policy and securing the TEL supply contract to Pertamina...

Why busy with the right to water instead of 'governance'?

Posted on April 03, 2010
Right to water skeptics normally pose this typical question: Why the right to water instead of governance? Here's a short answer: you can't go to the court asking for good governance.Illustration: If you are disconnected from the services, you can't say to the judge:"For the sake of good governance, please, reconnect me to the network...

What do we mean by 'regulatory governance'?

Posted on April 01, 2010
The origin of this whole governance debate can be found in the 'grandfather-paper' of this topic written by Levy and Spiller (1994). The 1994 paper distinguishes "regulatory content" (as in technical regulation dealing with the input, process and output) from "regulatory governance arrangement "which focuses on restraining the regulator's discretion...

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