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All Journal Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Jurnal Hukum dan Pendidikan Kewarganegaraan
Aldo kurniawan
Universitas Bengkulu
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Perlindungan konsuler warga negara ganda dalam konflik bersenjata Muhammad Adrian fitra yamazaki; Aldo kurniawan; Qyan Hari Simartla Gudangga; Fadel Jovinka
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Consular protection for dual nationals during armed conflict remains an inadequately addressed gap in international law. This study attempts to examine how the international legal framework regulates consular protection for dual nationals during armed conflict, while also mapping the various obstacles that arise in its implementation in the field. To address this issue, this study uses a normative legal research method by combining legislative, conceptual, and case studies, sourced from a literature review of primary, secondary, and tertiary legal materials. The results of the study found that the legal basis for consular protection is essentially based on the 1963 Vienna Convention on Consular Relations and the 1961 Vienna Convention on Diplomatic Relations, but neither instrument specifically addresses the issue of dual nationality. Consequently, the determination of which country is entitled to provide protection is left to the principle of effective nationality, which in practice is often applied inconsistently. This complexity is further compounded during armed conflict, as access for consular officials is limited, diplomatic relations can be disrupted, and administrative procedures become cumbersome. The 1949 Geneva Conventions do provide minimum protection through international humanitarian law, but they cannot completely replace consular protection. The case of Aiden Aslin in 2022 illustrates how the ambiguity of dual citizenship can lead to the loss of effective access to consular protection in conflict zones.
Kelemahan Konvensi Jenewa 1949 Dalam Menghadapi Dinamika Konflik Bersenjata Modern Muhammad Adrian fitra yamazaki; Aldo Kurniawan; Febrio Diosi Pratama
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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This study analyzes the weaknesses of the 1949 Geneva Conventions in addressing the dynamics of modern armed conflicts and examines their relevance and effectiveness in providing legal protection for victims of armed conflicts. This research employs a normative legal method with statutory, conceptual, and case approaches. The findings indicate that the 1949 Geneva Conventions contain several limitations, particularly regarding the state-centric nature of legal subjects, the inability to fully accommodate modern military technological developments, and the limited enforcement mechanisms that lack coercive power. Nevertheless, the 1949 Geneva Conventions remain highly relevant within the international humanitarian law system, as reflected in the applicability of fundamental principles, the strengthening effect of the 1977 Additional Protocols, and their recognition in international practice as the primary instrument for the protection of victims of armed conflicts. However, the effectiveness of their implementation still reveals a gap between law in the books and law in action, influenced by the changing nature of armed conflicts and the limitations of international enforcement mechanisms.
Analisis Yuridis terhadap Penangkapan dan Penahanan Demonstran dalam Perspektif Pelanggaran Hak Asasi Manusia Varik Farsyak; Ariel Lian Pratama; Aldo Kurniawan
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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This study examines the legal issues surrounding the arrest and detention of demonstrators, which have the potential to violate human rights in Indonesia. Using normative legal research methods with historical, case-based, and analytical approaches, this study analyzes the gap between progressive legal norms and repressive practices in the field. The results show that the arrest and detention of demonstrators often violate human rights due to several factors: first, the gap in implementation between the provisions of the Criminal Procedure Code (KUHAP) and international human rights standards and field practice; second, the weak understanding of human rights principles by officials and the lack of adequate training; and third, the practice of mass arrests without clear procedures, which contradicts the principle of individual criminal responsibility. This study identifies three legal mechanisms to provide protection: preventive measures through internal and external oversight; repressive measures through pretrial and criminal legal remedies; and restorative measures through mediation and institutional reform. The effectiveness of these mechanisms is hampered by institutional independence, procedural accessibility, institutional capacity, and public legal awareness. This study recommends comprehensive reform of the human rights protection system, strengthening oversight, and shifting the paradigm of handling demonstrations from a repressive approach to a human rights-based approach.
Analisis Persetujuan Berusaha PT Ratu Samban Mining Bengkulu Tinjauan dari Hukum Tata Ruang Muhammad Adrian Fitra Yamazaki; Aldo Kurniawan; Adib Kumara Reisman; Fadel Jovinka; Edra Satmaidi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 4 No. 1 (2026): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 4 Nomor 1 February - May 2
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v4i1.258

Abstract

This study aims to analyze the legal validity of the Business Approval of PT Ratu Samban Mining (RSM) from the perspective of Law Number 26 of 2007 on Spatial Planning. This research employs a normative legal method using statutory and case approaches. The findings indicate that although PT RSM formally possesses a mining business permit, substantively there are indications of non-compliance with the Regional Spatial Plan (RTRW), particularly concerning alleged operations in protected areas and the low post-mining reclamation rate of only 28.57%. Such inconsistencies may render the business approval legally void as stipulated in Article 37 paragraph (7) of the Spatial Planning Law. The legal implications include administrative sanctions, criminal liability, and obligations to restore spatial functions. Furthermore, the study identifies structural weaknesses in spatial planning supervision, including inadequate field verification and lack of institutional coordination. Therefore, strengthening supervision mechanisms, conducting periodic spatial audits, and improving policy harmonization are essential to ensure sustainable spatial utilization.
Co-Authors Adib Kumara Reisman Ariel Lian Pratama Edra Satmaidi Fadel Jovinka Febrio Diosi Pratama Muhammad Adrian fitra yamazaki Qyan Hari Simartla Gudangga Varik Farsyak