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All Journal Yustisia PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Jurnal Ilmiah Hukum LEGALITY Belli Ac Pacis (jurnal hukum internasional) Jurnal Dedikasi Hukum Hang Tuah Law Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Tirtayasa Journal of International Law Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Journal of International Islamic Law, Human Right and Public Policy
Rachma Indriyani
Faculty Of Law, Universitas Sebelas Maret
Religion Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Adjusting The Concept Of Particularly Sensitive Sea Area Into Lombok Strait Configuration Aliya Ayu Wibowo; Rachma Indriyani; Anugrah Adiastuti
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3310

Abstract

This article investigates the adverse impacts of unintentional or operational ship discharges on marine ecosystems and elucidates the significance of Particularly Sensitive Sea Areas (PSSA) as an approach to safeguard the marine environment from international shipping activities. Focusing on IMO resolutions and the United Nations Convention on the Law of the Sea (UNCLOS) framework, the article analyzes the PSSA concept, underscores its role in pollution prevention, and explores inherent limitations. Specifically, it delves into the legal status of PSSA, the binding nature of IMO resolutions, and implementation challenges. Through in-depth analysis, the author concludes the necessity for revising PSSA resolutions to enhance legal clarity and effectiveness in marine environmental protection.
Examining the State's Jurisdiction in Sexual Assault Stateless Victims on Ships on the High Seas Vidzal, Khaisya Refaya; Kusumo, Ayub Torry Satriyo; Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 1 (2024): Tirtayasa Journal of International Law Vol. 3 No. 1 Edisi Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i1.24413

Abstract

Issues regarding jurisdiction over the handling of sexual assault cases, especially on the high seas, are a major concern of the international community, especially if the victim is a stateless person. They are often isolated and have limited access to legal assistance. This situation makes them one of the most vulnerable groups to sexual assault. The Stateless Convention 1954 stipulates that stateless persons can request legal protection from the state parties to the Convention. While on the high seas, UNCLOS 1982 has regulated that the flag state has jurisdiction over every activity on a ship flying its flag. However, there is no clarity regarding specific protection for stateless persons on ships. This paper will identify which jurisdictions can apply when there is a sexual assault against a stateless person on a ship on the high seas. The research method used is prescriptive normative law with a statute approach by examining laws and regulations. We argue that when it comes to ships flying a particular flag and sailing on the high seas, UNCLOS 1982 should be considered customary international law. Furthermore, when similar crimes occur, there must be a justification for intervention by other states. Scientific contributions in this study are the identification and juridical analysis of the legal gap in legal protection for stateless persons who are victims of sexual violence on the high seas, as well as a new interpretation of state jurisdiction based on the provisions of UNCLOS 1982 and the 1954 Stateless Convention.
FORGING A PATH FORWARD: SAFEGUARDING INDIGENOUS COMMUNITIES FROM THE IMPACT OF CLIMATE CHANGE Allyana, Olivia; Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.25388

Abstract

This article examines the effects of ‘climate change’ on indigenous communities and the safeguarding of their rights, with a focus on the “Daniel Billy et.al v. Australia” case ‘climate change’ poses severe threats to ‘indigenous peoples’' livelihoods and traditions, yet they also contribute significantly to mitigating its impacts. Utilizing normative legal research methods, including statutory and case law analysis, it evaluates the protection of indigenous rights by the UNHRC. The analysis highlights the significance of the “UNHRC”'s decision in “Daniel Billy et.al v. Australia”, which represents a milestone in international law regarding ‘climate change’ 's repercussions on human rights. While non-binding, the ruling grants access and establishes a crucial precedent for enforcing indigenous claims against states failing to safeguard their rights. It has influenced national legal frameworks and guided interpretations of indigenous rights. Considering subsequent practices in applying human rights treaties and utilizing “UNHRC” rulings as interpretive aids are essential. This analysis aims to deepen comprehension of the challenges and prospects in safeguarding the rights of climate-affected indigenous populations on the global stage. The scholarly contribution of research can be articulated through its novel engagement with the intersection of climate change, indigenous rights, and international human rights law, particularly through the lens of the Daniel Billy et al. v. Australia case before the UN Human Rights Committee (UNHRC)
Implications Of Economic Sanctions On Potential Crude Oil And Natural Gas Prices For Russia Violations Miskha Alemina; Rachma Indriyani; Ayub Torry Satriyo Kusumo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i2.3837

Abstract

International sanctions are still an important diplomatic instrument used by international organizations such as the United Nations (UN) or a group of countries to target sanctions. One of the existing international sanctions is economic sanctions, which have already been applied to Russia. Economic sanctions against Russia as a consequence of the illegal annexation of Crimea and for under mining territorial integrity of Ukraine. It is believed that the imposition of economic sanctions against Russia will trigger an escalation of the price of crude oil and natural gas on the global market because Russia is ranked as the largest supplier of crude oil and natural gas in the world. The research method used is normative juridical with comparative approach by comparing how economic sanctions have an impact on the Russian economy before and after they are implemented. We argued that the inflation is becoming scarce on the global market while for Russia this case causes increase inflation due to Russia losing most of its shares in international markets.
APPLYING EMISSION CONTROL AREAS (ECA) IN MARITIME ZONES: ADOPTION AND COMPLIANCE Sylvia, Kellyn; Indriyani, Rachma; Muslimah, Siti; Luz, Gustavo Leite Neves da
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.32803

Abstract

 The establishment of Emission Control Area (ECA) constitutes a significant regulatory measure within the international maritime legal framework aimed at mitigating air pollution generated by shipping activities. Pursuant to MARPOL Annex VI, the designation of an ECA requires a comprehensive, evidence-based proposal evaluated by the International Maritime Organization (IMO). Within these designated zones, ships are obligated to utilize low-sulfur fuel or adopt emission reduction technologies to comply with stringent emission standards. The implementation of ECAs has demonstrably contributed to improved air quality in port cities and coastal regions. Compliance is ensured through a multi-level enforcement mechanism involving flag States, port States, and coastal States, supplemented by technological monitoring and regulatory infrastructure. This study adopts a normative legal methodology combined with a descriptive-analytical approach to examine the legal provisions, enforcement mechanisms, and practical implications of ECA implementation in achieving sustainable environmental protection in the maritime sector.
VALIDITY OF LAND RENTAL AGREEMENTS BETWEEN FOREIGN CITIZENS AND INDONESIAN CITIZENS WITH A TERM OF OVER 80 YEARS IN SUPREME COURT DECISION NUMBER 2785 K/PDT/2011 Shania Lorusso; Lego Karjoko; Rachma Indriyani
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.176

Abstract

This study examines the validity of land lease agreements with very long terms, even exceeding 80 years, between foreign nationals and Indonesian citizens as reflected in Supreme Court Decision Number 2785 K/Pdt/2011. The analysis focuses on how the principles of freedom of contract, the principle of justice, and the principle of legal certainty are applied when the structure of the lease clause substantively shifts the nature of the lease into long-term land ownership that resembles a disguised transfer of ownership rights. The study uses a normative juridical method with a statutory regulatory approach and a conceptual approach to the Civil Code, the Basic Agrarian Law, and the doctrine of contract law, which are then linked to the legal considerations of the Supreme Court in the case. The results of the study indicate that unreasonable lease terms, disproportionate rental prices, and unequal bargaining positions give rise to violations of the social function of land and the limits of legal propriety, while also emphasizing the importance of the role of notaries in preventing the emergence of exploitative contract clauses.
Co-Authors Advent Eden Sihono Aliya Ayu Wibowo Allyana, Olivia Anang Setiyawan Andi Rahman Anugrah Adiastuti Anugrah Adiastuti Arsyad Aldyan Asmar Abdul Rahim Asmar Binti Abdul Rahim Ayub Torry Satriyo Kusumo Ayub Torry Satriyo Kusumo Diah Apriani Atika Sari Emad Mohammad Al Amaren Emmy Latifah Emmy Latifah Erna Dyah Kusumawati Fatma Ratriya Wuri Hernawan Hadi I Made Dwi Abiyoga Paramartha Kukuh Tejomurti Kukuh Tejomurti Lego Karjoko Luz, Gustavo Leite Neves da Miskha Alemina Moch Najib Imanullah Muslimah, Siti Prasetyo Hadi Purwandoko Ruzita Azmi Ruzita Binti Azmi Sasmini Shania Lorusso Siti Muslimah Soehartono Soehartono Sri Lestari Rahayu Sylvia, Kellyn Thomas Sudarso Vidzal, Khaisya Refaya Winarno Budyatmojo