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All Journal Jambura Law Review Audito Comparative Law Journal (ACLJ) Perspektif Hukum Hang Tuah Law Journal Estudiante Law Journal
Birahayu, Dita
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Memadukan Budaya Hukum dan Diplomasi Hukum untuk Mencegah Sengketa Antar Negara: Kekosongan Hukum yang Terabaikan Birahayu, Dita
Perspektif Hukum VOLUME 24 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v24i1.286

Abstract

Efforts to integrate legal culture and legal diplomacy to prevent conflicts between countries are a noble goal. However, these efforts are characterized by various legal complexities, including neglected legal vacuums. This legal vacuum can be a legal loophole for countries to exploit the international legal system and trigger disputes. This research aims to analyze the concept and meaning of legal culture and legal diplomacy, examine its role and function in preventing conflicts between countries, and analyze the effectiveness of its integration. This study uses a normative juridical research method with a conceptual and a comparative legal approach. The results of the study show that legal culture and legal diplomacy have an important role and function in preventing conflicts between countries. The combination of the two can help build trust and mutual understanding between countries, increase public legal awareness, and encourage peaceful settlement of disputes in accordance with the Preamble of the UN Charter.
Legal Capacity of Regional Organizations in Indonesian Maritime Modernization: A Momentum and Strength Birahayu, Dita
Hang Tuah Law Journal VOLUME 7 ISSUE 2, OCTOBER 2023
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v7i2.101

Abstract

This paper aims to examine the influences of international cooperation between member states of regional organizations in Indonesia's maritime modernization and dispute resolutions of regional international organizations for international violations. This research uses normative juridical research with a statutory approach and a conceptual approach. The results of the discussion show that sea power is the most important element for the progress and glory of a country, which if the sea power is empowered, it will improve the welfare and security of a country. On the other hand, if this sea power is ignored, it will result in losses to a country or even bring down the country. State power can be represented in state membership in international organizations based on the legal capacity of the organization to achieve the objectives of state interests that cover a very broad range of life. Indonesia's active role in international maritime organizations is a momentum and maritime strength in order to support the progress of Indonesia's maritime modernization as stipulated in Presidential Regulation Number 30 of 2019 and dispute resolution between members of the organization based on article 12 Draft Articles on the Responsibility of International Organizations (DARIO).
Maritime Digital Diplomacy: Legal Revitalization and Reform of Modern and Solutive Diplomacy Birahayu, Dita
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 3 (2023): September 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i3.28179

Abstract

The existence of international politics and the foreign policy processes of a country has changed since the presence of the internet as a form of digitalization. The internet changed the practice of diplomacy and relations between countries. The Internet of Things is provided for all sectors. This also changes the dimension of diplomacy to digital diplomacy. Digital diplomacy cannot replace face-to-face diplomacy, but it still exists, and its needs will continue to increase. Digital diplomacy has also not been accommodated in the 1961 Vienna Convention on Diplomatic Relations, even though the development of diplomacy is very dynamic, along with the many disputes that arise between countries. Disputes between countries that often arise are disputes in the maritime sector. Therefore, maritime diplomacy is needed in resolving disputes in the maritime sector, considering that one of Indonesia's maritime axes. This research is normative juridical research that uses qualitative methods with statute and conceptual approach. The result of this research is that maritime digital diplomacy has a position as a means of communication and political negotiation, which is important for defending and fighting for national interests. Indonesia needs maritime digital diplomacy as a medium to fight for national interests and strategic issues in the maritime sector. A modern and solutive revitalization and legal reform of diplomacy is needed in order to establish good relations between countries.
Integration of Legal Philosophy Through Manners, Ethics, Aesthetics in Intellectual Awareness Heru Romadhon, Ahmad; Kaluku, Julisa Aprilia; Arafat, Yasser; Birahayu, Dita; Siswanto, Carissa
Estudiante Law Journal VOL. 7 NO. 3 OCTOBER 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v7i3.30821

Abstract

This study examines the role of moral, ethical, and aesthetic values in building intellectual awareness in higher education, aiming to form individuals with ethical character. With a philosophical and empirical approach, this study shows that 61.3% of respondents agree and 27.8% strongly agree with the importance of these values in the academic ecosystem. Qualitative analysis of lecturer and student interviews highlights the application of these values in academic and social interactions. This study also integrates character education with the challenges of the digital era, emphasizing the importance of digital ethics in the curriculum so that students can apply traditional values in cyberspace. These findings underline that the integration of moral, ethical, and aesthetic values not only supports moral learning but also creates graduates who are ready to contribute ethically in a dynamic global society.
Outer Space Militarization and Normative Gaps in International Space Law: A Comparative Legal Analysis Isnurwanto, Iwan; Birahayu, Dita; Ehirim, Ugochukwu Godspower
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.33793

Abstract

Disagreements between spacefaring states' strategic activities and the normative goals of international space law have persisted despite space's growing militarization. At the heart of this conflict is the fact that different legal understandings of the term "peaceful purposes" in the 1967 Outer Space Treaty have coexisted with growing military operations in orbit, due to the ambiguity of this term. This research takes a normative juridical stance, drawing on statutory, conceptual, and comparative methods to assess whether the current international legal system adequately addresses modern trends of space militarization. States are able to operationalize military space tactics without clear legal limitation, as the analysis shows that current legal instruments offer limited normative direction and lack effective enforcement mechanisms. The study looks for interpretive fragmentation and structural inadequacies in international space law by comparing state space doctrines and institutional reactions, instead of evaluating military results experimentally. The essay uses this legal analysis to provide prescriptive suggestions for improving normative clarity, such as limiting the testing of anti-satellite weapons, improving the operational definition of "peaceful use," and holding private actors more accountable under state oversight. This research does not assert empirical verification, but rather provides a normative legal assessment of the regulatory gaps that now exist and suggests reform strategies to strengthen space governance's consistency, transparency, and stability
Urgensi Pengaturan Financial Technology: Kewenangan Penghimpunan Dana Masyarakat: The Urgency of Financial Technology Regulation: Authority to Collect Public Funds Kurniawan, Wishnu; Birahayu, Dita
Perspektif Hukum VOLUME 25 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v25i2.535

Abstract

Technological developments are driving acceleration in all fields, especially financial technology, where the services required for banking products are equivalent to those of banks. In line with current conditions, namely the advent of digital 4.0, financial institutions are beginning to shift to technology-based financial institutions. One of the current advancements in the financial sector is the adaptation of Financial Technology, commonly known as fintech. The implementation of fintech must not be hindered by legal violations due to legal loopholes. This study employs a normative legal approach. Based on this method, a statute approach is used in this study, reinforced by a literature approach. This study was conducted to accelerate the implementation of fintech so that it does not fall into a legal vacuum, thereby preventing problems arising from violations of norms, particularly in the banking sector.  The modernity of financial transactions, especially financial services such as fintech, has violated the provisions of the Banking Law, which in this case is the establishment of business entities that attract public funds in banking institutions. However, to date, there is still a legal vacuum, and with the rapid development of technology, there needs to be a change in regulations related to this issue to prevent a legal vacuum.
Co-Authors Ehirim, Ugochukwu Godspower Heru Romadhon, Ahmad Isnurwanto, Iwan Julisa Aprilia Kaluku Siswanto, Carissa Wishnu Kurniawan, Wishnu Yasser Arafat