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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.
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.
Implications of the Work From Anywhere Policy from the Perspective of Employment Law and Public Service: A Case Study of the Central Bengkulu Regency Government Muhammad Yogi Nofran; M. Azzah Rozanda; Fadel Jovinka; Iskandar Iskandar; Madinar Madinar
The Future of Education Journal Vol 5 No 2 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1711

Abstract

The Work From Anywhere (WFA) policy established through the Circular Letter of the Regent of Bengkulu Tengah Number 000.8.3/0014/B.7/1/2026 introduces a flexible working arrangement for civil servants (ASN) within the Bengkulu Tengah Regency Government, stipulating that civil servants are required to work from office for three days per week while being permitted to work from any location for the remaining two days. This study examines two principal legal issues: first, the conformity of the WFA policy with the hierarchy of civil service regulations in Indonesia, and second, its implications for the fulfilment of public service obligations toward the community from the perspective of excellent public service principles. The research employs a normative legal method with statute and case study approaches. The findings indicate that although the Regent possesses attributed authority to establish internal personnel policies, the Circular Letter does not occupy a formal position within the statutory hierarchy, thus limiting its binding force to the internal scope of the agency. Furthermore, the three-day office work scheme carries a risk of reduced public service accessibility and responsiveness if not accompanied by adequate service substitution mechanisms. The study recommends strengthening the legal foundation through a Regent Regulation and establishing an integrated quality assurance system for public services during WFA implementation.