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Rusito
Faculty of Law, Universitas Wijayakusuma , Indonesia

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Penyelesaian Sengketa Antara Indonesia Dan Australia Dalam KasusPencemaran Laut Timor Akibat Tumpahan Minyak Montara Doni Adi Supriyo; Rusito
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.pys8xg16

Abstract

This paper aims to analyze the responsibility of Australia and Thailand for cases of pollution from the leakageof the Montara oil well which is owned by a Thai company. This pollution originates from the Montara Field TheMontara Well Head Platform in the West Atlas Block ofthe Timor Sea in Australian waters. The oil spill resultedin cross-border pollution because it extended to the waters of the Timor Gap or Timor Gap which is the borderwaters between Indonesia, Australia and Timor Leste (Meinarni, Volume 5). The extent of the effect of oil spillcontamination from the well located in the Northwest Atlas Block of Timor is about 75% entering Indonesianwaters, so this pollution is an important problem for the Indonesian people, because it enters the ExclusiveEconomic Zone (EEZ). This writing is writing that uses normative legal research using a statutory approach,concept approach, and case approach in accordance with the legal perspective of the United NationsConvention on the Law of the Sea 1982 and relevant legal theories that will be used and constructed. with legalprinciples, principles and doctrines. Based on Article 139 Paragraph (1) of UNCLOS 1982, the State must beresponsible for activities carried out in the marine area, whether by participating States, individuals or statecompanies or legal entities or individuals who have the nationality of their country
Hak Memperoleh Keadilan Dalam Sistem Peradilan Di Indonesia Aniek Perian; Rusito
Wijayakusuma Law Review Vol. 4 No. 1 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.7760s072

Abstract

Constitutionally, the Indonesian state has guaranteed, respected, respected and protected human rights. Beforethe amendments were made, the 1945 Constitution could be said to have not explicitly stated the guarantee ofhuman rights. However, after the amendment of the 1945 Constitution, especially the second amendment in2000, the provisions regarding human rights in the 1945 Constitution have undergone fundamental changes.This amendment to the 1945 Constitution contains human rights material as regulated in Article 28Aparagraph (1) to Article 28j paragraph (2). By using normative juridical research methods, this study aims todetermine the efforts that must be made to obtain justice in the justice system in Indonesia. The justice to beenforced in the constitutional state of the Republic of Indonesia is justice that contains the values of thePancasila philosophy, the 1945 Constitution and the values contained in other legislation, whose values areaspirational with the values and sense of community justice. Meanwhile, the way to enforce law and justice iscarried out in accordance with the implementation procedure based on the principle of presumption ofinnocence and other principles determined by the Criminal Procedure Code.
Tinjauan Tindak Pidana Human Traficiking sebagai KejahatanTrans-Nasional Aniek Perian; Rusito
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.h9r1ww49

Abstract

This study aims to review the crime of Human Trafficking as a transnational crime. The author explains theconcept of the crime of Trafficking in Humans which then leads to the condition and development of the crime ofTrafficking in Humans. At the end of the discussion, the author explains how to enforce the law against the crimeof Human Trafficking. The method used in writing this article the author uses a normative juridical researchmethod, where national and international legal sources are used to sharpen the analysis described. Secondarydata obtained from case studies based on cases that occurred in Indonesia. At the end of this article the authorconcludes that social workers need a global perspective to understand the issues that contribute to internationalmigration, including the problems and dynamics of human trafficking.
Co-Authors Aniek Perian Doni Adi Supriyo