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Pelaksanaan Putusan Arbitrase Dalam Sengketa Antara Tiongkok Dan Filipina Di Laut Cina Selatan Agnes Annora Nathania; Lestari, Maria Maya; Diana, ledy
Jurnal Hukum Respublica Vol. 24 No. 01 (2024): Jurnal Respublica
Publisher : Faculty of Law Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/respublica.v24i01.23828

Abstract

UNCLOS 1982 provides guidelines in the event of enforcement of international maritime law, one of which is Arbitration whose decision is final and binding. However, in practice, rejection and disobedience to arbitration decisions are not uncommon. In this study, the case of rejection of an arbitration decision occurred between China which rejected the decision of the Permanent Court of Arbitration filed by the Philippines against maritime rescue in the South China Sea region. This study aims to examine the legal force of arbitration decisions in enforcing maritime territory between the Philippines and China and the efforts that the Philippines can make against China's rejection of international arbitration decisions. The research method used in this study is normative legal research. Based on the research results, it can be concluded that first, the legal force of the arbitration award, in accordance with the nature of the arbitration award is final and binding and has binding legal force for the parties, especially China, because the submission of the settlement by the Philippines to the PCA is in accordance with the settlement procedure contained in UNCLOS 1982. Second, the efforts that can be made by the Philippines, the Philippines in dealing with China's rejection can prioritize diplomatic and negotiation methods rather than strict law enforcement, because success in resolving this settlement requires a comprehensive approach, involving collaborative efforts between the countries concerned and the international community as a whole.
Limitation of Fuel Subsidy in Healthizing State Revenue and Expenditure Budget Putra, Tamin Ripinra; Lestari, Maria Maya; Haryono, Dodi
Journal of Public Representative and Society Provision Vol. 5 No. 1 (2025): Journal of Public Representative and Society Provision
Publisher : Pusat Studi Pembangunan dan Pemberdayaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55885/jprsp.v5i1.473

Abstract

Fuel oil (BBM) subsidy policy in Indonesia has been an important element in economic policy since the era of President Soeharto's administration. Initially, this subsidy was aimed at maintaining energy price stability and protecting people's purchasing power, especially low-income groups. However, over time, fuel subsidies have created various economic and environmental problems, including a large burden on the State Revenue and Expenditure Budget (APBN), economic distortions, and obstacles to the renewable energy transition. This research uses a normative legal approach to analyze fuel subsidy policies within the framework of the welfare state in Indonesia, with the aim of formulating more effective regulations. The data used is primary, secondary and tertiary legal materials which are analyzed descriptively-analytically. The research results show that the fuel subsidy policy has not been effective and efficient, with most of the benefits being enjoyed by the middle and upper income groups, while those who should benefit, namely the poor, are left behind. Therefore, it is necessary to reformulate fuel subsidy policies with the principles of social justice, economic sustainability, transparency and accountability. Formulating more targeted policies, developing renewable energy, and implementing the principles of good governance will strengthen the welfare state and support more equitable and sustainable development.
Penerapan Pasal 27 Convention On The Rights Of Persons With Disabilities 2006 Dalam Undang-Undang Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas Puan Dinda Aisyah; Maria Maya Lestari; Ledy Diana
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 1 No. 3 (2024): Juli : Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v1i3.340

Abstract

Article 27 letters (g) and (h) of the 2006 Convention on the Rights of Persons with Disabilities regulates that state parties must employ persons with disabilities in the government sector and promote employment for persons with disabilities in the private sector through appropriate policies and measures which may include concrete action programs, incentives and other steps. Based on data from the Ministry of Manpower in 2021 and 2022, less than 1% of people with disabilities can work in the public and private sectors. The main problems in this research are: How is Article 27 of the Convention on the Rights of Persons with Disabilities 2006 implemented in Law Number 8 of 2016 concerning Persons with Disabilities; What is the solution to the weakness in implementing Article 27 of the 2006 Convention on the Rights of Persons with Disabilities in Law Number 8 of 2016 concerning Persons with Disabilities. The theories used in this research are the theory of monism and the theory of legal positivism.The type of research used in this research is normative legal research. Normative legal research is a process of finding legal rules, legal principles and legal doctrines to answer the legal issues faced. This research focuses on legal synchronization, namely examining the harmony of positive law (legislation) so that it does not conflict based on the hierarchy of laws and regulations.The results of this research are that the implementation of Article 27 of the Convention on the Rights of Persons with Disabilities 2006 in Law Number 8 of 2016 concerning Persons with Disabilities has weaknesses, where none of this law regulates sanctions for the government, regional governments, State-Owned Enterprises, Regional-Owned Enterprises and private companies that do not meet the quota for disabled workers as regulated in Article 53 of Law Number 8 of 2016 concerning Persons with Disabilities. Therefore, the government needs to formulate government regulations as soon as possible as implementing regulations for Law Number 8 of 2016 concerning Persons with Disabilities, so that there is legal clarity and certainty, especially for law enforcers and people with disabilities.
Partisipasi Masyarakat Kota Pekanbaru terhadap Peredaran Sediaan Farmasi Tanpa Izin Edar oleh Balai Besar Pengawas Obat dan Makanan dalam Perspektif Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan Sari, Etika; Maya Lestari, Maria; Jaya Kusuma, Zulfikar
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.3866

Abstract

Circulation of pharmaceutical preparations without a distribution permit is a serious problem that has attracted the attention of the Food and Drug Administration (BBPOM) in Indonesia. Unregistered pharmaceutical preparations can endanger public health because their safety, efficacy and quality are not guaranteed. Referring to Article 138 of Law no. 17 of 2023 concerning Health, BBPOM has the responsibility to supervise and ensure that all pharmaceutical preparations meet the specified standards. However, the effectiveness of such supervision is highly dependent on community participation, which is regulated in Article 417 paragraph (1) of the same law.This type of research is empirical legal research, namely research with field data as the main data source. The research location is in Pekanbaru City, the researcher chose this research location because there are still many pharmaceutical preparations in circulation without distribution permits which are distributed to the people of Pekanbaru City. In this research, the population used as the Pekanbaru community in the circulation of pharmaceutical preparations is 411,100 people. So the number of samples used was 300 people. Factors that influence public participation include the level of knowledge regarding pharmaceutical preparations, awareness of the risks of drugs without distribution permits, as well as access to information and trust in government institutions. Additionally, socio- economic factors such as price and accessibility of healthcare services also play an important role. Health education curricula that lack emphasis on the safety of pharmaceutical preparations, along with the role of mass media in shaping public perceptions, contribute to this problem.
THE DETERMINATION OF STATE BASELINES POST-PEAT ABRASION ON BENGKALIS ISLAND AS INDONESIA'S FOREMOST ISLAND IN TERMS OF INTERNATIONAL LAW OF THE SEA PERSPECTIVE Cahyani, Harpita Dwi; Maria Maya Lestari; Ledy Diana
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 2 No. 2 (2025): Vol. 2 No. 2 Edisi April 2025
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v2i2.639

Abstract

Coastal abrasion is a growing global concern, particularly for Indonesia, a country with one of the longest coastlines in the world. Abrasion poses significant challenges to coastal ecosystems and the livelihoods of local communities. Bengkalis Island, one of Indonesia's outermost and foremost islands, has experienced intensified abrasion in recent decades. Located in Riau Province and facing the Strait of Malacca, this peat-contoured island serves as a basepoint for Indonesia's archipelagic baselines. This research aims to: (1) analyze the legal implications of peat erosion on Indonesia's baselines post-erosion, and (2) describe the Indonesian government's efforts to address the issue.  This normative legal research examines the synchronization between national regulations and international standards regarding peatland conservation and erosion mitigation, particularly in strategically important foremost islands. The study reveals two key findings. First, peat abrasion on Bengkalis Island has serious legal implications for determining Indonesia's archipelagic baselines and maritime boundaries under UNCLOS 1982. Abrasion also threatens the island's status as an outermost and foremost island, potentially leading to the loss of Indonesia's rights over natural resources in the area. Failure to protect peat ecosystems may be considered a violation of Indonesia's international obligations to preserve marine and wetland environments under UNCLOS 1982 and the Ramsar Convention. Second, the Indonesian government has implemented legal and technical measures, such as issuing Government Regulation No. 57 of 2016 on Peat Ecosystem Protection and Management, constructing breakwaters, planting mangroves, and implementing the 3R program (Rewetting, Revegetation, and Revitalization) through the Peat and Mangrove Restoration Agency (BRGM). These efforts have shown positive results in reducing erosion rates and protecting coastalines.
Indonesian Airspace Sovereignty After the Jakarta and Singapore Flight Information Region Adjustment From the Perspective of International Law Jupri, Jupri Yanus Halawa; Ledy Diana; Maria Maya Lestari
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7527

Abstract

Indonesia, as one of the largest archipelagic states, possesses a vast and strategically significant airspace intersecting some of the busiest international flight routes in the Asia-Pacific region. The management of this airspace is critical to upholding national sovereignty and security. However, parts of Indonesia’s strategic airspace, particularly over the Riau Islands and Natuna, remain under Singapore’s control through the delegation of the Flight Information Region (FIR). The 2022 FIR boundary adjustment agreement between Jakarta and Singapore is seen as a diplomatic milestone that expands Jakarta FIR coverage. Nonetheless, it controversially extends the delegation of air navigation management up to 37,000 feet to Singapore in sectors A and B. This situation raises concerns over the full exercise of Indonesia’s air sovereignty, as mandated by Article 1 of the 1944 Chicago Convention and Article 458 of Law No. 1/2009 on Aviation. This normative legal research, based on literature and interviews, finds that the agreement does not significantly alter Indonesia’s legal sovereignty. It also highlights disparities in FIR management and recommends that Indonesia develop a revised roadmap toward full FIR control, treating the Riau and Natuna airspace as a critical border area requiring absolute sovereignty.
Analisis Hukum Terhadap Rencana Pembuangan Limbah Nuklir ke Laut Pasca Terjadinya Gempa Bumi dan Tsunami di Jepang Aprilia Mawaddah; Maria Maya Lestari; Ledy Diana
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.491

Abstract

Explanation of the Convention On Nuclear Safety 1994 Article 16 Number 1, 2 and 3 that States that have or will build Nuclear Power Plants (NPPs) in their territory must take appropriate measures related to facilities, security, emergency plans carried out in the event of an emergency in the vicinity of the NPP. Construction of Fukushima NPP The existing nuclear reactor at the nuclear plant was built with insufficient power to withstand the Earthquake and Tsunami that occurred in Japan on March 11, 2011 causing explosions and leaks in 4 nuclear reactors. Japan announced that tanks used to hold waste from leaking nuclear reactors could no longer hold it, so the waste had to be dumped into the sea. The main problem in this study is about the regulation of International Law violated by Japan based on its decision to dump nuclear waste into the Sea, and how the impact will be on the environment. The type of research used in this study is normative legal research or can also be called doctrinal legal research. Normative legal research is literature law research. The action that will be taken by Japan who want to dispose of nuclear waste that they have stored for years due to the Earthquake and Tsunami event has received a lot of resistance from various elements. Especially from the Japanese people themselves to protests from neighboring countries who are afraid that they will also be affected by the waste if it is thrown into the sea. It is hoped that Japan can take appropriate action before doing so because it will not only harm its country but also harm other countries that are disappointed with the actions that Japan will take.
URGENSI MODERNISASI HUKUM RUANG ANGKASA TENTANG AKTIVITAS EKSPLORASI DAN EKSPLOITASI SUMBER DAYA DI BULAN SEBAGAI PENGEMBANGAN DARI THE MOON AGREEMENT 1979 Akmal Hidayat; Maria Maya Lestari; Ledy Diana
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 3 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i3.2375

Abstract

ABSTRACT The development of national space law has surpassed international space law. International space law needs to be developed because the exploitation of natural resources from the moon and other celestial bodies is closer than ever to becoming a reality. There is an urgency to develop existing international law or create new regulations that can accommodate resource mining activities in space. So the purpose of writing this thesis are: First, to know the urgency of modernize space law regarding resource exploration and exploitation activities on the moon. Second, find a solution to fill the legal gaps regarding the use of resources on the moon. This research is normative legal research, namely legal research carried out by examining library materials with secondary data. Then, the data that has been collected will be processed and analyzed using descriptive methods by sorting the data so that a conclusion can be drawn. From the results of the research problem there are two main things that can be concluded. First, there is an urgency to develop international regulations regarding the use of resources in space, especially on the moon because it has not been specifically discussed in the 1967 Space Treaty and the 1979 Moon Agreement. Second, solutions that can be taken to fill legal gaps regarding the use of resources in outer space, especially on the moon, are by using analogies with the law of the sea in developing space law, improving the international space legal framework, and developing institutions tasked with supervising exploitation activities. resources and space mining. Keywords: Space, Moon, Resources, Exploitation, Mining
Indonesian Airspace Sovereignty After the Jakarta and Singapore Flight Information Region Adjustment From the Perspective of International Law Jupri, Jupri Yanus Halawa; Ledy Diana; Maria Maya Lestari
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.7527

Abstract

Indonesia, as one of the largest archipelagic states, possesses a vast and strategically significant airspace intersecting some of the busiest international flight routes in the Asia-Pacific region. The management of this airspace is critical to upholding national sovereignty and security. However, parts of Indonesia’s strategic airspace, particularly over the Riau Islands and Natuna, remain under Singapore’s control through the delegation of the Flight Information Region (FIR). The 2022 FIR boundary adjustment agreement between Jakarta and Singapore is seen as a diplomatic milestone that expands Jakarta FIR coverage. Nonetheless, it controversially extends the delegation of air navigation management up to 37,000 feet to Singapore in sectors A and B. This situation raises concerns over the full exercise of Indonesia’s air sovereignty, as mandated by Article 1 of the 1944 Chicago Convention and Article 458 of Law No. 1/2009 on Aviation. This normative legal research, based on literature and interviews, finds that the agreement does not significantly alter Indonesia’s legal sovereignty. It also highlights disparities in FIR management and recommends that Indonesia develop a revised roadmap toward full FIR control, treating the Riau and Natuna airspace as a critical border area requiring absolute sovereignty.
Comparative Law Concept of Restorative Justice Approach to Drug Abuser M Sadam Husin; Maria Maya Lestari; Davit Rahmadan
Melayunesia Law Vol. 8 No. 1 (2024)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/mxrb8d52

Abstract

Recent decades, the issue of drug protection has become one of the serious problems faced by many countries. The traditional approach that focuses on punishment often fails to reduce the number of drug referrals, and instead causes various other social problems. Therefore, an alternative approach that is more humane and effective is needed. Restorative justice offers a solution that focuses on recovery and reintegrating perpetrators into society. The type of research used in this study is normative legal research, using a comparative law method which examines the principles of law. In the conclusion, the author uses a deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement.
Co-Authors , Dasrol Adi Tiara Putri Adi Tiaraputri Adlin Adlin Afiyfah Nabila Agnes Annora Nathania Agung Setio Apriyanto Akmal Hidayat Alfin Julian Nanda Amin Rais Apriansyah, Muhammad Ikhya Aprilia Mawaddah Asyam Mulia Zhafran Bakhunizar, Mohamad Megi Mif Benyamin Bangun Cahyani, Harpita Dwi Davit Rahmadan Deri Nahrudin Syukri Dessy Artina Diana Octavia Situmeang Dodi Haryono Dorma Hotmaria Sianipar Eci Novita Sari Elmayanti Elmayanti, Elmayanti, Elmayanti Emilda Firdaus Endang Sri Utami Erdiansyah ' Evi Deliana HZ Ferawati Ferawati Fivian Army hafiza, aryen nur Hasbillah, Rahmat Hasugian, Dohardo Maharari Hayatul Ismi Hengki Firmanda Hidayat, Tengku Arif Irma Nurul Hasyanah Jaya Kusuma, Zulfikar Johannes Jum Joghi Pangaribuan Juanito Stevanus Jupri, Jupri Yanus Halawa Karo Karo, Josua Banta Kristin Muliani Lase, Martinus Ledy Diana Lena Agustina M Sadam Husin Maringan Tua H.D Mela Kristina Mexsasai Indra Muhammad A. Rauf Mukhlis Mukhlis Mukhlis R Nadya Junyantani Nanda Erlangga Pranata Nathaniel Adianta Rim Manurung Novendi Jaya Putra Purba Nurahim Rasudin Panggabean, Pilipi Puan Dinda Aisyah Putra, Tamin Ripinra Putri Dewi FS Putri Maharany Ayu Hasibuan Ranty, Aprianti Ridha Putri Thaibah Riska Fitriani Rokhimatul Isnaini Salma Kemala Sari, Etika Septia, Peni Putri Shindy Fauziyah Simamora, Rumla Yanti Simamora, Samuel Romulus Socha Salsabila Riyadi Sri Kemuning Suzana, Ega Syamsiar, Syamsiar Syasha Mellya Karnain Ulfia Hasanah Widia Edorita Yosef Mattew Nathanael Zainul Akmal Zulfikar Jayakusuma Zulwisman, Zulwisman