Claim Missing Document
Check
Articles

Found 3 Documents
Search

PENGARUH KEBIJAKAN LUAR NEGERI TERHADAP HUKUM PIDANA INTERNASIONAL: THE INFLUENCE OF FOREIGN POLICY ON INTERNATIONAL CRIMINAL LAW Ferdiansyah, Ferdy; Pribadi, Riky
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 1 (2023): Mei 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v5i1.21589

Abstract

The application of international criminal law in Africa is greatly influenced by the foreign policies of international actors and African countries themselves. The foreign policies of international actors, such as Western countries and multilateral organizations, often determine support for or rejection of institutions such as the International Criminal Court (ICC). This international support, whether diplomatic pressure or financial assistance, strengthens the role of international legal institutions in the prosecution of serious crimes in Africa. However, this relationship also gives rise to political tensions, where several African countries see this intervention as a form of neo-colonialism and ignore their national sovereignty. On the other hand, the foreign policies of African countries show complex dynamics. Some countries, such as Botswana, fully support the ICC as a means of ensuring accountability, while others, such as Sudan and Kenya, reject international intervention, especially in cases involving their political leaders. The relationship between African states and the international community in the process of implementing international criminal law reflects the efforts made to balance the need for international justice with the protection of state sovereignty. In this context, the development of regional alternatives such as the African Criminal Court is also a response to tensions with the Western-dominated international legal system.
Government Policy: The Conversion of Protected Forest into Production Forest Pribadi, Riky; Anwar, Chaidar Awaludin; Ferdiansyah, Ferdy
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.773

Abstract

Land disputes involving protected forests and conservation areas have consistently emerged as issues stemming from land utilisation by local communities. The Ministry of Environment and Forestry plays a fundamental role in addressing these conflicts by altering the status of protected forests into production forests. Accordingly, the study aims to analyse the regulatory framework governing the conversion and to evaluate the effectiveness of the authority, local governments, and the Ministry of Environment and Forestry in facilitating the status change. The research employs a descriptive normative legal approach, drawing on empirical data from surveys, interviews with pertinent parties, and field observations in Majalengka Regency, particularly in Nunuk Village (currently Nunuk Baru Village). The research reveals that regulations and the effectiveness of both local government and ministry policies govern the transformation and use of protected forests into production forests. Government Regulation No. 104 of 2015; the Procedures for Changing Forest Area Designation and Function, is a binding regulation that directly addresses the issues. As a result, the residents of Nunuk Village had no grounds to oppose the change. The effective implementation led to the resolution of the land dispute in Nunuk Baru Village, Maja District, Majalengka Regency, between the local community and Perhutani. The residents' struggle to assert their land rights was ultimately victorious, as the Majalengka local government collaborated with the central government to expedite the resolution of the critical issue. In conclusion, the government must prioritise designating production land that can be effectively and sustainably managed by local communities.
Analisis Wanprestasi dalam Penggunaan TikTok PayLater menurut perspektif UUPK 1999 dan Hukum Perdata Putri Ayudhiya, Rubila; Syuhada, Otong; Pribadi, Riky
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025 (In Press)
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62375

Abstract

Technological developments are increasing, one of which is marked by the existence of e-commerce and fintech to facilitate transactions for the public. In this modern era, people are more interested in online transactions such as buying and selling. TikTok Shop is one of the applications widely used by Indonesians. One of the payment methods on TikTok Shop is TikTok PayLater. This study uses an empirical juridical research method, which examines the applicable legal provisions and what actually happens in society. This study uses a qualitative approach based on a review of the PayLater contract, interest structure, administration fees, and late payment penalties. The data collection technique in this study was obtained through interviews with seven informants who are active users of TikTok PayLater. The results of the study show that the TikTok PayLater agreement is legally valid because it complies with Article 1320 of the Civil Code and is recognised by the ITE Law. The TikTok PayLater agreement includes a standard agreement, the content of which is still limited by the provisions of Article 18 of Law 1999. However, in practice, it still has the potential to cause disputes due to default as regulated in Article 1243 of the Civil Code. However, such collection practices violate Article 4 of the 1999 Consumer Protection Law as they infringe upon consumers' rights to comfort and security. Therefore, the use of TikTok PayLater requires responsibility from both parties.