Thursday, October 31, 2013

TOEFL or IELTS - Which is Better?

Because universities want to make sure you have the English language skills necessary to study at their school, almost all institutes of higher learning require you to take a test of English. And TOEFL and IELTS are the two biggest standardized tests of the English language. One of the most frequent questions I hear is which test is easier or which test is better. The answer depends on what kinds of tests you excel at, as well as where you plan to apply. This article breaks down the differences between the two tests so that you can make your own decision.

The IELTS test is administrated by the British Councils, the University of Cambridge, and IELTS Australia. That is to say, it is associated with the British government and traditionally was used by British universities, as well as New Zealand and Australian universities to determine the language capability of foreign students. TOEFL is administered by ETS, a US-based non-profit and is used widely by American and Canadian universities. However, these days, in order to make it easy on international students, universities all over the world take both TOEFL and IELTS. While you should check with the specific university you want to apply to, in general any school in the US, the UK, Australia or New Zealand will take either test score. So that's one worry off your mind. Pick the test you think will be easier for you to complete. To do that, you probably need to know the structure of each exam.

Structure of the TOEFL
As of last year, official TOEFL is almost universally given in the iBT (Internet Based Testing) format. It consists of four sections:

The TOEFL Reading section asks you to read 4-6 passages of university level and to answer multiple-choice questions about them (multiple-choice means you choose the answer from provided options). Questions test you on comprehension of the text, main ideas, important details, vocabulary, inferring, rhetorical devices and style.

The Listening Section presents long 2-3 conversations and 4-6 lectures. The situations are always related to university life i.e. a conversation between a student and a librarian about finding research materials or a lecture from a history class. The questions are multiple choice and ask you about important details, inferences, tone, and vocabulary. The conversations and lectures are very natural and include informal English, interruptions, filler noises like "uh" or "Uhm."

The Speaking section is recorded. You will speak into a microphone and a grader will listen to your answers at a later date and grade you. Two questions will be on familiar topics and ask you to give your opinion and/or describe something familiar to you, like your town or your favorite teacher. Two questions will ask you to summarize information from a text and a conversation--and may ask your opinion as well. Two questions will ask you to summarize information from a short conversation. Again, the topics of the conversations are always university-related.

Finally, there are two short essays on the TOEFL. One will ask you to write your opinion on a broad topic, such as whether it is better to live in the country or the city. One will ask you to summarize information from a text and a lecture--often the two will disagree with each other and you will need to either compare and contrast, or synthesize conflicting information.

IELTS Structure
The IELTS contains the same 4 sections, Reading, Listening, Speaking and Writing, but the format is very different.

The reading section of the IELTS gives you 3 texts, which may be from academic textbooks or from a newspaper or magazine--but all at the level of a university student. One will always be an opinion piece--i.e. a text arguing for one point of view. The variety of questions on the IELTS is quite broad, and not every text will have every question type. One question type asks you to match headings to paragraphs in the text. You may be asked to complete a summary of the passage using words from the text. Or you may have to fill in a table or chart or picture with words from the text. There may be multiple-choice questions that ask you about key details. One of the hardest question types presents statements and asks you whether these statements are true, false or not included in the text. You may also be asked to match words and ideas. Finally, some questions are short-answer but the answers will be taken directly from the text itself.
Some questions come before the text and may not require careful reading to answer. Others come after the text and may expect you to have read the text thoroughly.

The IELTS has four listening sections. The first is a "transactional conversation" in which someone may be applying for something (a driver's license, a library card) or asking for information (say calling for more details about an advertisement or a hotel). The second section is an informational lecture of some kind, possibly a dean explaining the rules of the university. Third is a conversation in an academic context and the final section will be an academic lecture. For all sections you may be asked to fill out a summary, fill in a table, answer multiple-choice questions, label a diagram or picture, or classify information into different categories. You will be expected to fill out answers as you listen.

There are two writing tasks on the academic IELTS. The first asks you to summarize a table or chart in about 300 words. You will have to identify important information, compare and contrast different figures or maybe describe a process. The second task asks you to present your opinion on a statement about a fairly open topic such as: "Women should look after children and not work" or "Too many people are moving to cities and rural areas are suffering."

Finally, the speaking section will be held on a different day from the rest of the test and in the presence of a trained interviewer. The questions are the same for all examinees but some parts may be more in the form of a conversation than a monologue. The first part of the test will be a brief introductory conversation followed by some short questions about familiar topics. The interviewer may ask your name, your job, what kinds of sports you like, what your daily routine is, and so on. In the second part, you will be given a card with a topic and a few specific questions to address. You will have to speak for two minutes on this topic, which may be about your daily routine, the last time you went to the movies, your favorite part of the world or a similar familiar topic. In the last section, the interviewer will ask you to discuss a more abstract side of the topic in part 2--why do people prefer daily routines? Why do people like the movies? How does travel affect local life?

Which is Better for Me?
So now you have some understanding of what each test involves, but you might be wondering which is better for you. Maybe in reading about the structure, you thought, "Wow TOEFL sounds so easy," or, "Oh the IELTS sounds like it's kind of fun!" That might be a good sign that one test will be easier for you than the other. More concretely, there are a couple of key differences between the tests.

British versus American English
While both the UK and the US accept both tests, and while British English and American English are not as different as some think, the fact of the matter is the IELTS tends to use British English and the TOEFL uses exclusively American English. On the IELTS, this difference will have a larger effect because spelling counts, and that is one area where Britain and the US do not always see eye-to-eye. Obviously if you have problems with the British accent (and the test may include a wide variety of accents, including Australian, New Zealand, Irish and Scottish). On the other hand, American accents may throw you off. Certain terms are also different and you don't want to waste time in your speaking test asking what a flat or a lorry is. So whether you are used to British or American English is certainly a factor. If you are more comfortable with US English, the TOEFL is a good bet but if you are used to British English and accents, you'll do better on the IELTS.

Multiple choice versus Copying Down
For the reading and listening sections, TOEFL gives you multiple-choice questions, whereas IELTS generally expects you to copy down words from the text or the conversation word-for-word. Multiple-choice questions will tend to be require slightly better abstract thinking, but the IELTS favors people who have good memories and think more concretely. The good thing about multiple-choice is that it is easy to pick out wrong answers, whereas the good thing about copying down is that the answer is sitting there in the text. You just have to find it and repeat it. So, concrete thinkers will tend to do better on the IELTS and abstract thinkers will tend to excel on the TOEFL.

Predictable or Different Every Time
Of course, the TOEFL is also more predictable than the IELTS. The IELTS throws lots of different question types at you, and the instructions are often slightly different every time. That makes it harder to prepare for. The TOEFL, on the other hand, is pretty much the same test every time--pick A, B, C, D, or E. On the other hand, the IELTS certainly keeps you on your toes and that can keep you more alert.

Speaking to a Person or a Computer?
Another large difference is in how the speaking section is carried out. For some people, it's very relaxing to just record your answers into a computer because it feels like no one is listening. You just try your best and forget about it until you get your grades. Because the IELTS test is done in an interview format with a native speaker present, you might get nervous or feel you are being judged. And they take notes: Oh God, did he write down something good or something bad? On the other hand, you might feel more relaxed in a conversation, with a person there to explain if you don't understand a question, or simply having a face to look at, instead of a computer screen. Getting feedback from a native speaker can be helpful too, in order to correct mistakes and improve during the test. So it depends on what you are more comfortable with. If you like talking to people, the IELTS is a better bet. If you just want to be alone and not feel judged, the TOEFL will be more comfortable for you.

Holistic versus Criteria
Finally, the speaking and writing sections of the TOEFL are graded holistically. The grader gives you a score based on the overall quality of the essay, including vocabulary, logic, style, and grammar. The IELTS by contrast is marked by individual criteria and you are scored individually for grammar, word choice, fluency, logic, cohesion, and a dozen other criteria. In other words, if you write well but have a lot of small grammar mistakes, your TOEFL score might be quite good because graders will ignore small mistakes if the overall essay is logical and detailed. The IELTS will not overlook bad grammar. On the other hand, if your grammar and vocabulary are strong but you have trouble expressing your opinion or organizing an essay, you could end up with a low TOEFL score but the IELTS will give you good marks for language use. So while it may sound like the IELTS is much tougher since it grades you on everything, in fact you can get quite a good score if you are strong in a number of areas. The TOEFL emphasizes the ability to put together a logical and detailed argument (or summary) and looks at clarity, word choice, and style above all. If you don't feel comfortable writing essays but you think you have excellent grammar and vocabulary and overall are a decent writer, the IELTS will probably be easier for you.
I hope this essay was helpful in making your choice. In any case, I recommend you go to the websites of IELTS and TOEFL and get some more detail on each test, and also try out some practice problems on your own.
Walton Burns is an English language teacher and university placement consultant in Astana, Kazakhstan. Check out his blog with more advice for international students and English language learners at and his website at for games, lesson plans, tests and other cool stuff!
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Mana yang sebaiknya saya ambil: TOEFL IBT atau IELTS?

           Bagi anda yang berasal dari negara pengguna bahasa Inggris yang ingin berminat untuk belajar atau kerja diluar negeri pasti membutuhkan sertifikat kemampuan berbahasa inggris yang diakui oleh Internasional. Saat ini tes yang diakui secara internasional adalah TOEFL dan IELTS. 
           Menurut Inside Higher Ed “Perbedaan yang paling nyata antara kedua tes tersebut adalah pada tes kemampuan berbicara. Dalam tes IELTS, peserta tes berbicara langsung dengan manusia yang telah dilatih untuk mengevaluasi kelancaran dan kemampuan percakapan. Dalam tes TOEFL peserta tes berbicara dengan sebuah komputer, di mana percakapan tersebut direkam untuk kemudian dinilai oleh enam penilai. IELTS menekankan pada sifat tes yang lebih realistis, sedangkan TOEFL mengklaim bahwa karena hanya ada satu penguji di bagian kemampuan berbicara ini, IELTS lebih cenderung dapat dimanipulasikan dan tidak memiliki sistem kendali mutu yang memadai."
           Pada kenyataannya, jawaban untuk pertanyaan ini sangat tergantung pada jenis tes mana yang bisa Anda kerjakan dengan baik dan yang Anda rencanakan untuk Anda ambil. Kami menyarankan agar Anda membaca semua informasi yang tersedia mengenai kedua tes tersebut, kerjakan contoh tes yang tersedia, dan tentukan pilihan Anda. Di bawah ini adalah sejumlah perbedaan penting dari IELTS dan TOEFL yang diringkas dari esai karya Walton Burns (Lihat  
a) Bahasa Inggris Gaya Inggris vs Amerika (British versus American English)
IELTS cenderung menggunakan bahasa Inggris gaya Inggris (British English), sedangkan sebagian besar tes TOEFL menggunakan bahasa Inggris gaya Amerika (American English).

b) Pilihan ganda versus Menyalin ulang
Pada bagian membaca dan mendengarkan dalam tes, TOEFL Anda diberikan pertanyaan dengan pilihan jawaban, sedangkan pada umumnya peserta IELTS diharapkan untuk menyalin kata-kata dari bacaan atau percakapan, kata per kata. Pertanyaan pilihan ganda membutuhkan cara pikir abstrak yang sedikit lebih baik, akan tetapi IELTS dapat menguntungkan bagi orang yang memiliki daya ingat yang baik dan mampu berpikir lebih konkret. Anda akan dapat dengan mudah menemukan jawaban yang tidak tepat dalam sebuah pertanyaan pilihan ganda, sementara dalam menyalin ulang, peserta tes hanya perlu menemukan jawaban yang diperlukan dan mengulanginya. Dengan begitu, para pemikir konkret akan lebih berhasil dalam IELTS, dan pemikir abstrak akan meraih sukses dalam TOEFL.
c) Dapat Ditebak atau Selalu Berbeda
TOEFL lebih dapat ditebak ketimbang IELTS. IELTS menggunakan banyak jenis pertanyaan dan seringkali petunjuk yang digunakan berbeda untuk masing-masing tes. Oleh sebab itulah, lebih sulit mempersiapkan diri untuk IELTS ketimbang untuk TOEFL.
d) Berbicara dengan Orang atau dengan Komputer?
Tes IELTS dilakukan terpisah dalam bentuk wawancara langsung, sehingga bisa saja peserta tes menjadi gugup. Meski begitu, hal ini bisa saja membuat Anda merasa lebih nyaman, karena ada orang di hadapan Anda alih-alih layar komputer. Dengan demikian, ini sangat tergantung dengan siapa Anda merasa lebih nyaman. Apabila Anda suka berbicara dengan orang lain, sebaiknya Anda memilih IELTS. Sebaliknya, jika Anda ingin sendiri tanpa perlu merasa dinilai oleh orang lain, Anda harus memilih TOEFL.
e) Holistik versus Kriteria
Dalam tes TOEFL, bagian menulis dan berbicara akan dinilai secara holistik (menyeluruh). Nilai akan diberikan berdasarkan mutu keseluruhan dari esai yang Anda buat, yang mencakup kosa kata, logika, gaya penulisan, dan tata bahasa. Sebaliknya, dalam IELTS Anda akan dinilai berdasarkan kriteria individu dari si penilai dan masing-masing dari tata bahasa Anda, pilihan kata, kelancaran, logika, kohesi dan selusin kriteria lainnya akan dinilai secara individual. Dengan kata lain, jika tulisan Anda bagus tapi penuh dengan kesalahan-kesalahan kecil dalam tata bahasa, nilai TOEFL Anda mungkin akan masih cukup baik, karena penilai tidak akan menghiraukan kesalahan-kesalahan kecil seperti itu selama esai tersebut secara keseluruhan logis dan detail. Tata bahasa yang buruk tidak akan diabaikan begitu saja dalam IELTS. Sebaliknya, jika tata bahasa dan kosa kata Anda kuat tapi Anda mengalami kesulitan untuk mengutarakan pendapat Anda atau untuk menyusun sebuah esai, Anda akan mendapatkan nilai TOEFL yang rendah, tapi IELTS akan memberikan nilai baik untuk penggunaan bahasa.
f) Format tes
Satu lagi perbedaan nyata antara IELTS dan TOEFL adalah bahwa, di beberapa negara, TOEFL dilakukan baik dalam format berbasis kertas maupun berbasis komputer, yang memudahkan peserta untuk memilih jenis tes serta waktu dan tempat yang cocok bagi mereka.

sumber : Artikel diambil dari website resmi Education USA

Sunday, June 9, 2013

International Monetary Law

     International monetary law is derived from treaty law and role of custom is a best marginal. Although international monetary regulation maybe effected at both the international and regional level there is little doubt that the dominant institution is International Monetary Fund (IMF).
      International Monetary Fund (IMF), international economic organization whose purpose is to promote international monetary cooperation to facilitate the expansion of international trade. The IMF operates as a United Nations specialized agency and is a permanent forum for consideration of issues of international payments, in which member nations are encouraged to maintain an orderly pattern of exchange rates and to avoid restrictive exchange practices. The IMF was established, along with the International Bank for Reconstruction and Development, at the UN Monetary and Financial Conference held in 1944 at Bretton Woods, New Hampshire. The IMF began operations in 1947. Membership is open to all independent nations and included 183 countries in 2001.
            Members who have temporary balance-of-payments difficulties may apply to the fund for needed foreign currency from its pool of resources, to which all members have contributed through payment of their quota subscriptions. The member may use this foreign exchange for a certain time (up to about five years) to extricate itself from its balance-of-payments problem, after which the currency is to be returned to the IMF's pool of resources. The borrower pays a below-market rate of interest for the IMF resources it uses; the member whose currency is used receives almost all of these interest payments; the remainder goes to the fund for operating expenses.
            The board of governors, made up of leading monetary officials from each of the member nations, is the highest authority in the IMF. Day-to-day operations are the responsibility of the 24-member executive board, which represents member nations individually (for larger countries) or in groups. The managing director serves as chairperson of the executive board. The IMF has its main headquarters in Washington, D.C.
            The principle purpose of the IMF is to facilitate the expension and balanced growth of International trade to contribute thereby to the promotion and maintenance of high levels of employment and this is to  be secured by stable exchange rates, financial discipline and the avoidance of balance of payments disequilibrium. The regulatory power of the IMF is exercised through regular surveillance and through measures recommended when any member state seeks the help of the fund.
            The formal legal sources of the International Monetary Fund comprise: (1) the articles of Agreement; (ii) relevant by laws;(iii) resolutions of the Board of Governors; (iv) decisions of the executive Board and ; directives of the managing directors. In respects of internal constitution the IMF operates through a board of Governors, an Interim Committee, an executive Board of Director. In addition , there is development Committee which advises the IMF and the Governors of the World  Bank onmetters concerning developing countries. On joining
            In matters of dispute settlement there has been a remarkable lack of litigation. Decision of the Executive Board can principle be referred to the Board Governors. The fund has authority to seek advisory opinion from the international Court of Justice on any relevant legal question pertaining to jurisdiction however none has been requested so far. The article contain a number of sanction against the member states in breach , voting rights can be suspended and member states may refused access to the fund. The IMF traditionally co-operetes closely with World Bank Group and now seeks to work with the World Trade Organization, its relationship with the United Nations is governed by formal agreement.
            One of the principle concerns of the international community has been respect of te movement of exchange rates . it is arguable that customary law a state had the entitlement to determine the value currency.
            The objective of the IMF was not restricted to securing exchange rate stability; the principle purpose was to facilitate the expension and balanced growth of International trade and this could only be done by minimizing the incidence of exchange Control.

Source : Taken from various sources

Thursday, January 3, 2013

The protection of Migrant Worker in Indonesia

According to the Ministry of Manpower and Transmigration in 2006 there were 2.7 million Indonesian citizens working legally abroad, these workers constitute approximately 2.8 percent of the Indonesian workforce. The majority of these labour migrants are women working in the domestic or service sectors. They are concentrated in Southeast and East Asia and the Middle East, in particular Malaysia, Singapore, Hong Kong SAR (Hong Kong Special Administrative Region), Taiwan Province of China, Saudi Arabia, Kuwait and the United Arab Emirates. The _rst part of the report analyzes the current legislative framework governing labour migration from Indonesia as well as the processes for migration from Indonesia. The study found a number of issues with regards to Law No. 39/2004 and its implementation and enforcement; these loopholes create the opportunity for abuses at all stages of the migration process.[1]
The law’s formulation leaves room for interpretation and although a signi_cant number of ministerial regulations, presidential decrees, and presidential instructions have been enacted to explain and clarify how the law should be implemented, these remain inadequate for e_ective protection of Indonesian labour migrants. One of the main problems identi_ed in the report is a lack of cooperation amongst government agencies in the implementation of Law No 39/2004. As Law No. 39/2004 does not explicitly state the responsibilities of each ministry or department throughout the migration process, confusion and power struggles within the Government of Indonesia have followed, especially between the Ministry of Manpower and Transmigration and the newly established National Authority for the Placement and Protection of Indonesian Overseas Workers (BNP2TKI). Regulations have now been put in place in an attempt to establish a division of jurisdiction between these two authorities, however, to date, these regulations have not had the intended e_ects. Law No. 39/2004 also limits government involvement in the protection of labour migrants. Instead the system relies on private recruitment agencies to provide the majority of services needed by migrants. Private recruitment agencies are now responsible for recruiting prospective labour migrants, providing them with the skills required to carry out their job abroad, language training, obtaining appropriate documentation and _nding suitable employment abroad. As most of the service providers are placed in Jakarta, this forces labour migrants to travel to,and stay in, Jakarta which substantially increases the cost of migration for labour migrants. Under Law No. 39/2004, the power to implement and monitor the placement and protection of labour migrants has been concentrated at the national level. District and provincial governments are not required to monitor the implementation of the law, the performance of recruitment agencies in their districts or the number of labour migrants leaving their districts. A signifcant obstacle to safe recruitment practices in Indonesia is the lack of information among prospective labour migrants about safe migration, documentation and employment conditions abroad.[2] 

by : Firnadia Yulia Wahda

[1]  See International Organization for Migration (IOM),  Labour Migration from Indonesia Migration to Selected Destinations   in Asia and the Middle, International Organization for Migration Mission in Indonesia, jakarta indonesia, page xi
[2] Ibid, page xi

Wednesday, January 2, 2013


By : Firnadia Yulia Wahda

The rules governing the protection of cultural property in the event of armed conflict are well established in both treaty and customary international humanitarian law. They are far, however, from being systematically applied and indeed are often flouted. The growing number of intereligious and interethnic conflicts has implied not only attacks against civilians but also, in many cases, the destruction of civilian objects, in particular cultural property. Acts of vandalism directed against such objects or their destruction are particularly common in such conflicts, as cultural property can be considered to symbolize the cultural identity and history of the adverse party.[1] Not only is the protection of such property, part of the world historical and cultural heritage, intrinsically important, its destruction could act as a catalyst, sparking more widespread hostilities and further blurring the distinction between military targets and civilian objects. Efforts to strengthen the protection of cultural property must therefore continue to be made alongside those undertaken to heighten the protection of civilians and civilian goods.[2]
From certain kind of that reason made the state realise that it is important and fundamental things for the international society regulates the international rules to accomodate and protected the cultural heritage in every part  of the world. And in Den Hague Convention for the Protection of Cultural Property in the Event of Armed conflict 1954 already started that the Urgency of the internationa society is really need any protection for the Cultural Property because it is related with the heritage all mankind.
In additional, because we need such kind of international  instrument to cover the protection of cultural property, thus international law alrady provide certain kind of the rule which are governed about the cultural property. The  kind scope of regulation divided into two kinds, the first is international Law and the second is national law. The international Law regulation governed about the convention and additional protocol 1 and 2 about the Protection of Cultural Property in the Event of Armed Conflict in the year of 1954 (protocol 1) and 1999. And national Law regulation in the form of national act and president decision.
The purpose of this article is propose a philosophical view the urgency of cultural property is need to be protected and describe the regulation which govern cultural property protection.

1      Cultural Property Need to be Protected
Before I describe of the urgency why cultural property must be protected. The first I would like to explain first the definition of Cultural Property. According to chapter 1 of the hague convention for the protection of cultural property in the event of armed conflict is Movable or immovable property of 2 2 great importance to the cultural heritage of every people, buildings for the preservation of cultural property and centers containing large amounts of cultural property all fall within the scope of the Convention. The definition is thus restricted to property of great importance only. Examples of cultural property include: monuments of architecture, art or history, whether religious or secular; archeological sites; groups of buildings of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archeological interest; and scientific collections and important collections of books, archives or reproductions.[3]

In clearly cultural propety devide into two are :        
a.      Movable or immovable property of great importance to the cultural heritage of every people, such as:
·           Monuments of architecture, art or history, whether religious or secular;
·     Archaeological sites, groups of buildings which are, as a whole, of historical or artistic interest;
·            works of art;
·    Manuscripts, books, and other objects of artistic, historical or archaeological interest;
·           Scientific collections and important collections of books or archives;
·           Reproductions of the above property;
b.  Buildings whose main and effective purpose is to preserve or exhibit movable cultural property, such as:
·   Museums;
·   Large libraries;
·   Depositories of archives;
·   Refuges intended to shelter other cultural property in the event of armed conflict;

c.   centres containing a large amount of cultural property, known as ‘‘centers containing monuments’’.[4]

Based on that definition we already known what are cultural property. And here we can refer to the hague convention for the protection of cultural property 1954 . the urgency cultural property need to be protected are :
1.   The  cultural .Property  and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction,[5]
2.          Deterioration or disappearance of any item of the cultural property constitutes a harmful impoverishment of the heritage of all the nations of the world,
3.     The existing international conventions, recommendations and resolutions concerning cultural and natural property/heritage demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property , to whatever people it may belong,
4.        The cultural heritage are of outstanding interest and therefore need to be pres,erved as part of the world heritage of mankind as a whole,[6]

1          The regulation which  govern  cultural property protection

1                1. .   International  Law Regulation   
                   a.  Convention for the Protection of Cultural Property in the event of Armed    Conflict  (Hague, 1954 )
The 1954 Hague Convention provides for a system of general and special protection of cultural property. It is supplemented by Regulations for its execution (hereinafter referred to as the Regulations), which form an integral part of the Convention and whose purpose is to determine the practical measures through which observance of the protection recognized by the Convention can be ensured. These instruments apply in situations of international armed conflict.[7]
In the event of non-international armed conflict within the territory of a State Party to the Convention, ‘‘ each Party to the conflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property’’; the other
 provisions can be brought into force by means of special agreements.[8] The general principle of the protection of cultural property in armed conflicts is based on the obligation to safeguard and respect that property.[9] The safeguarding of cultural property comprises all preparatory measures to be taken in time of peace in order to provide the best possible material conditions for its protection.[10] Respect for cultural property implies refraining from committing any hostile act against it, and prohibiting, preventing and if necessary stopping any form of theft, pillage or misappropriation and any acts of vandalism. It also means that use of that property, of the appliances in use for its protection, or of its immediate surroundings for military purposes or to support military action is prohibited.[11]
It must be stressed that the instruments of international humanitarian law impose the responsibility to protect cultural property on both parties to the conflict, i.e. both the party which controls the cultural property and the opposing party. 
Special protection
The placing of cultural property under special protection grants that property immunity against any act of hostility and any use, including that of its surroundings,  for military purposes (Art. 9). Only a ‘‘ limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centers containing monuments and other immovable cultural property of very great importance’’ may be placed under special protection, provided that they fulfill the following conditions (Art. 8): V they must be situated at an adequate distance from any large industrial center or from any important military objective, and V they must not be used for military purpose.
b.  Convention concerning the Protection of the World Cultural and Natural Heritage 1972 

For purposes of this Convention, the following shall be considered as heritage": 'natural natural featur-es ~onsisti~g of physical and biological formations or groups of 80 ICOMOS Tourism Handbook for World Heritage Site Managers such formations, which are of outstanding universal value from the aesthetic or scientific point of view; geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animaIs and plants of outstanding univers al value from the point of view of science or conservation; natural sites or precisely delineated natural areas of outstanding universal
value from the point of view of science, conservation or natural beauty.[12]

Each State Party to this Convention recognizes that the dut y of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may b~~ able to obtain.[13] To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavor, in 50 far as possible, and as appropriate for each currentIy:
(a) to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programs;
(b) to set up within its territories, where su ch services do not exist, one or more services for the protection, conservation and presentation of the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions;
(c) to develop scientific and techrùcal studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural and natural heritage sites.
(d) to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and (e) to foster the establishment or development of national or regional centers for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientific research in this field.[14]
Thus This convention has a big role in the protection of international cultural heritage. That interested in this convention is how the cultural heritage in every countries can registered their cultural heritage  by the other country. And based on that article the sterghten point here that would make different than other convention in this convention provided detaily about the role of national Law to implemented this kind of action.

c.  Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of victims of International Armed Conflicts (Protocol I)

The fundamental things in additional protocol one in the context of relationship with the punishment toward the people who commtit the crimes with make damage word cultural heritage. According to experter the regulation in artice 85 point 5 which is mentioned the catagorize of war crimes, thus have a criminal conduct in the artice 85 point 4 and can be punished based on International court decision. And one of the crimes is impairment to historical cultursl heritage .
d. Second Protocol to the Hague Convention 1954 for the Protection of Cultural Property in the event of Armed Conflict (Hague 26 Maret 1999)

           Enhanced protection
     Cultural property may be placed under enhanced protection provided that it meets the following three conditions (Art. 10):
·           it is cultural heritage of the greatest importance for humanity;
·           it is protected by adequate domestic legal and administrative measures recognizing its exceptional cultural and historic value and ensuring the highest level of protection;
·           it is not used for military purposes or to shield military sites, and a declaration has been made by the party which has control over the cultural property confirming that it will not be so used.[15]
Where cultural property has been granted both special protection under the 1954 Hague Convention and enhanced protection, only the provisions of enhanced protection apply between the States applying the Protocol (Art. 4).[16] 

 2. National Law Regulation
The Second Protocol contains a number of obligations which the States must consider and if necessary fulfil as soon as they ratify it; these include conduct relating to identification and safeguarding of cultural property the granting of enhanced protection, dissemination; and penal and administrative sanctions.
a. Law No 5 of 1992 about Cultural Property
   Actually our national regulation in the law no 5 of 1992 already governed about the protection of cultura property. The definition of cultural property in this Law is has same purposes if we refer to the Hague Convention 1959. But the differencess this law with the hague convention is the situation are diffrent. In law no 5 of 1992 its only in the peaceful c ondition and not in the war situation. But in the Hague convention is the protection of cultural property in the war or armed conflict situation.
   Thus the lackness of this regulation the protection of cultural property is to general and do not govern particularly in the war situation.
b. President decision no 23 of 1966 .  
To proving that Indonesia already legalize and signed deen haquae convention of 1954 on on 14 mei 1954. And the form of national Law if Indonesia already approved and legalize president gave the decree through president decision no 23 of year 1996

  • Cultural property need to be protected because of before in the year of 1954 at that time The  cultural  Property  and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even More formidable phenomena of damage or destruction. Thus need such kind the regulation to governed about it.
  • The regulation which  govern  cultural property protection is divided into two kinds, the first is international Law and the second is national law. The international Law regulation governed about the convention and additional protocol 1 and 2 about the Protection of Cultural Property in the Event of Armed Conflict in the year of 1954 (protocol 1) and 1999. And national Law regulation in the form of national act and president decision.



[1]  Marı´a Teresa Dutli,  Protection of Cultural Property in the Event of Armed Conflict, this paper reported on  the Meeting of Experts at Geneva, 5-6 October 2000, page 9

[2]  Ibid
[3]  Article 1 of the hague convention for the protection of cultural property 1954
[4]  Op.Cit page 147
[5] Preambule of Convention for the Protection of Cultural Property in the eventof Armed Conflict (Hague, 1954)

[6]  Preambule of  Convention concerning the Protection of the World Cultural and Natural Heritage 1972
[7]  Article 18 of the Hague Convention for the Protection of Cultural Property in the event of Armed Conflict 1954
[8] Article 19 the Hague Convention for the Protection of Cultural Property in the event of Armed Conflict 1954
[9]  Article 2 the Hague Convention for the Protection of Cultural Property in the event of Armed Conflict 1954
[10]  Article 3 the Hague Convention for the Protection of Cultural Property in the event of Armed Conflict 1954
[11]  Article 4 the Hague Convention for the Protection of Cultural Property in the event of Armed Conflict 1954
[12]  Article 2 of Convention concerning the Protection of the World Cultural and Natural Heritage 1972
                 [13]  Article 4 of Convention concerning the Protection of the World Cultural and Natural Heritage 1972
                 [14]  Article 5 of Convention concerning the Protection of the World Cultural and Natural Heritage 1972
                [15]  Article 10, Second Protocol to the Hague Convention 1954 for the Protection of Cultural Property in the event of Armed Conflict (Hague 26 Maret 1999)
[16]  Article 4 Second Protocol to the Hague Convention 1954 for the Protection of Cultural Property in the event of Armed Conflict (Hague 26 Maret 1999)