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The Responsibility of Transboundary Haze Pollution: The Case of Wildfire in Canada Gunawan, Yordan; Hafsari, Dhayu Ajeng; Khasanah, Pentanita Uswatun; Arumbinang, Mohammad Hazyar
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.6

Abstract

Responsibility for losses other countries suffer due to haze pollution is a serious issue. Transboundary haze pollution responsibility is related to the impact of smog pollution in one country and negatively impacts other countries in the vicinity. A country should take responsibility for forest fires out of respect for the country and its citizens. One example is the forest fires in Canada that spread smoke to neighbouring countries. This involves cooperation between countries to reduce the risk of transboundary haze pollution. This article used qualitative descriptive research methods. Qualitative descriptive research methods seek to answer the "what," "how," or "why" questions related to the phenomenon under study. The aim is to understand the research subject deeply and not generalise the results to the wider population. This research article concludes the principle of state responsibility, which essentially contains the obligation of states that have an impact on other countries to make reparation to the aggrieved country and restore the condition of the concerned country. In Canada, there were frequent forest fires in previous years, causing haze that spread to various countries. By understanding the consequences of forest fires and haze spread, Indonesia should enhance its prevention and management strategies by adopting approaches from Canada's forest fire management. The Trail Smelter case serves as a benchmark for addressing haze pollution, and Canada's experience offers valuable lessons for Indonesia, which also faces similar wildfire risks.
MYANMAR’S REJECTION OF THE UNITED NATIONS RESOLUTION: ALLOWED OR NOT? Gunawan, Yordan; Kemira Putri Drajat, Debby; Rinanda Putri, Dela; Jayustin Sastra, Verocha
Literasi Hukum Vol 7, No 2 (2023): LITERASI HUKUM
Publisher : Universitas Tidar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31002/lh.v7i2.4159

Abstract

Myanmar's Ministry of Foreign Affairs rejected the Myanmar Ministry of Foreign Affairs calls for an arms embargo and power struggle by the military in a UN general assembly resolution last February because the resolution was considered based on unilateral accusations and false assumptions, and the resolution was deemed not legally binding. In addition, several Myanmar statements have been adopted by the UN security council, which has the authority as well as resolutions deemed legally binding, such as the prohibition of acts of violence against protesters. In addition, the resolution calls on the military not to commit acts of violence as well as restore the democratic transition. The purpose of this study is to find out whether Myanmar may reject the UN General Assembly resolution or not. The study uses normative legal research with a case approach using qualitative descriptive methods to describe the legal reasons used in Myanmar's rejection of the UN General Assembly resolution and how to apply the principle of pacta sunt servanda in this case. The results show that Myanmar rejects the UN resolution calling for an arms embargo because Myanmar considers that the resolution is not legally binding and based on the pacta sunt servanda. Myanmar should accept the UN General Assembly resolution because it binds an agreement to the parties who made it.
The Effectiveness of International Law in Limiting Humanitarian Disasters in the Palestine-Israel Conflict Gunawan, Yordan; Pangestu, Rian Ade; Hardiyanti, Lista Arofa; Genovés , Manuel Beltrán
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.307

Abstract

The Israeli-Palestinian conflict involving several Arab and Western countries that has been going on for decades has caused a humanitarian disaster. The UN resolution to stop the conflict is also considered ineffective in resolving the conflict. Since the Hamas attack on October 7, 2023, against Israel, the conflict has reached its peak and caused a humanitarian disaster that certainly violates the 1947 Geneva Convention. Then, questions arose in the International Community about whether this conflict could be resolved. This research is a normative legal research with a Juridical Approach and a Case Approach. This research also uses a literature review that aims to critically examine the effectiveness of international law on the Israeli-Palestinian conflict so that the public can know the mechanisms that can be used to resolve the conflict. The results of the study show that this conflict can be resolved in several ways, such as by ratifying the 1947 Geneva Convention, then confirming the role of the UN, and also confirming the jurisdiction of the ICC in resolving this conflict.
The settlement dispute of Venezuela's referendum on Guyana's indigenous communities' territorial concerns by ICJ Gunawan, Yordan; Syamsudin, Wa Ode Fithrah Az-zalia; Budiman, Arif
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.28363

Abstract

Introduction to The Problem: Venezuela held a referendum on December 3, 2023, within its own borders, to address territorial matters with the indigenous communities of Guyana. The referendum was conducted in accordance with the indigenous Pemon community's desire, originating from the Essequibo area of Guyana. Guyana asked the International Court of Justice (ICJ) to block the act of Venezuela, but the voters rejected the ICJ and continued doing the referendum. Purpose/Objective Study: This study aims to examine the settlement dispute, especially between Venezuela and Guyana, through the International Court of Justice (ICJ). Does the ICJ have jurisdiction over the territorial dispute between Venezuela and Guyana, particularly concerning the potential impact of the Venezuela referendum on the land rights and self-determination of indigenous peoples of Guyana? How did the ICJ handle the dispute from the Venezuela referendum, and what legal principles and precedents were used in resolving the territorial dispute? Design/Methodology/Approach: This research adopts a socio-legal approach to analyze the dispute resulting from the Venezuelan referendum regarding the territorial issues of the Indigenous Community of Guyana. Findings: The ICJ thoroughly examined the legality of the 1899 arbitration decision, carefully assessed the established territorial boundaries, and considered the potential harm to the rights and interests of the Guyanese people. These findings underscore the complex interplay between legal principles and practical challenges, highlighting the need for cooperation and diplomacy in effective international dispute resolution. The ICJ holds jurisdiction over the longstanding territorial conflict between Venezuela and Guyana as outlined in the 1966 Geneva Agreement and reinforced by the December 2020 resolution. The court's recent decision to delay Venezuela's planned referendum reflects its recognition of the potential consequences that unilateral actions might have on the land rights and self-determination of Guyana's indigenous communities, emphasizing the court's commitment to balanced and careful adjudication. Paper Type: Research Article
Are there International Labour Standards? Case of Migrant Workers’ Exploitation in Italy Gunawan, Yordan; Ansar, Muhammad Arya; Fathi, Muhammad; Devty, Stephanie; Irrynta, Dwilani
Jurnal Mulawarman Law Review Vol 7 No 2: Mulawarman Law Review - December 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.905

Abstract

The increasingly fierce competition in the world of work has an impact on people getting jobs. The condition makes most people become migrants by traveling to other countries to find a job for a decent life in the future. However, the work that migrant workers get is often not as expected, so the rights of migrants are often not fulfilled. The amount of violence in the world of work and the non-fulfillment of the rights of migrant workers in Italy is an act that violates human rights. Therefore, the authors wrote this article by using normative legal research method to analyze migrant workers in Italy who are exploited by forced labor and the lack of protection regarding the minimum wage for migrant workers and also aims to analyze the role of the International Labour Organization as an organization that protects the rights of migrant workers, including protection from violence and protection of the minimum wage for migrant workers in Italy. The result shows that there is an urgency for Italy to ratify the Minimum Wage Convention on the grounds that it diminishes the exploitation of migrant workers and provides binding legal force for the sake of migrant workers.
Russian-Ukrainian Conflict: International Humanitarian Law and Civilian Settlements Gunawan, Yordan; Gultom, Qinnara Zegia; Amarulia, Shafirah; Arumbinang, Mohammad Hazyar
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.253

Abstract

The research analyzes the views of the International Humanitarian Law (IHL) and UN Charter violations in the case of the invasion of civilian settlements in the Russia-Ukraine conflict for justice. The conflict, which took place on February 24, 2022, has raised serious concerns about violations of the UN Charter and IHL and the protection of civilians. This research collected data and information from various primary and secondary sources, including reports of international organizations, legal documents, and journal analysis. A qualitative approach was used to analyze the impact of the invasion of civilian settlements on IHL in the case of the Russia and Ukraine case. The results show that the view of IHL in the context of the invasion of civilian settlements in the Russia-Ukraine case has caused great harm to civilians, ranging from damage to homes, infrastructure, and public facilities, including casualties. It also appears that Russia has ignored the guiding principles of the UN Charter. To overcome this problem, several steps can be taken. First, there is a need to increase understanding and awareness of IHL among all parties involved in the conflict. Second, increase efforts to maintain brotherhood between nations. Third, working together to assist in humanitarian terms in the event of armed conflict, famine, and starvation. The resulting policy implications and recommendations can be used as a guide for policymakers and practitioners to improve the humanitarian protection of civilians in the future.
Civil War in Yaman: Do Women and Children Have Human Rights Protection? Gunawan, Yordan; Rahmanita, Fadhilah; Ode, Mahazanni Najwa Al-Asyifa
SASI Volume 30 Issue 1, March 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i1.1702

Abstract

Introduction: This article delves into the intricacies of the Yemen civil war, focusing on the human rights situation affecting women and children. The analysis underscores the severe challenges in safeguarding their rights due to limited access to essential services caused by the conflict. The article examines ongoing programs and policies to strengthen protection measures and reinforce global awareness of vulnerable populations in Yemen. Purposes of the Research: The research is dedicated to analyzing the gravity of the human rights crisis in civil war, especially for women and children. Highlighting the hardships they experience, proposing pragmatic solutions, and increasing international recognition of their plight. Identifying gaps in existing protection mechanisms, this research advocates for cooperative strategies that can ease the burden faced by the Yemeni and nurture a more promising future.Methods of the Research: Utilizes normative and legal methodologies to comprehensively explore the protection of human rights. A complete understanding of the challenges faced through a descriptive methodology, incorporating a literature review and case studies. Research information was drawn from relevant legal documents, media reports, and policy analysis.Results of the Research: The findings of this research unequivocally reveal that Yemeni women and children face enormous obstacles in securing their human rights in armed conflict. Acts such as murder, rape, and recruitment of child soldiers exacerbate this already dire situation. Engaging government and civil society efforts are urgently needed to advocate for and ensure the well-being of Yemeni women and children during this protracted conflict.
Pemanfaatan Limbah Organik sebagai Pupuk Kompos dan Pupuk Kandang Untuk Pertanian Berkelanjutan Putra, Atha Esa; Husada, Alfan Setya Putra; Saputra, Wisnu Prayogi; Putri, Tefa Febiola; Ardhiawangsa, Fathiyya B’tari Pradipa; Erbyandhana, Muhammad Afif Razak; Aini, Rifa Ayu Nur; Pramono, Khansa Rizky Febrianti; Fikri, Imam Ikhsanul; Meidista, Salsabilla; Gunawan, Yordan
Prosiding Seminar Nasional Program Pengabdian Masyarakat Vol. 8 No. 1 (2025): Rekonstruksi Pendidikan di Indonesia
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ppm.81.1317

Abstract

The increasing problem of organic waste has become a serious challenge for the environment and agriculture in various parts of the world. These improper disposal practices cause significant environmental pollution, including soil and water pollution, as well as waste accumulation that disrupts public health. On the other hand, the demand for organic fertilizers to support sustainable agriculture is increasing. Sustainable agriculture emphasizes environmentally friendly practices, including the use of organic fertilizers to maintain soil fertility and reduce dependence on chemical fertilizers. The excessive use of chemical fertilizers has been proven to damage soil structure, reduce biodiversity, and pollute water sources. The goal of this program is to enhance public understanding of the importance of agricultural waste management and to provide basic skills in making compost and manure fertilizers. This program also aims to create a more self-sufficient agricultural system by utilizing locally available resources. In addition, the existence of this activity is expected to encourage increased public awareness in maintaining the balance of the agricultural ecosystem by utilizing waste that has not been maximally utilized so far. The methods used in this approach include seminars and demonstrations. Demonstrations were conducted to provide the community with skills in making compost and manure from organic waste available in their surroundings. Through demonstrations, the community can learn directly about the composting process, material mixing techniques, and how to properly manage manure. The results of this activity show an increase in the community's knowledge and skills in processing organic waste into fertilizer. Additionally, there is a heightened awareness among the community about the importance of sustainable waste management and environmentally friendly farming practices. The community is beginning to change their perspective on the use of organic waste as an alternative fertilizer that is more environmentally friendly and economical. This is evidenced by the willingness of several farmers to try applying this technique in their agricultural land, as well as the initiative of the farmer group leader in forming small farmer groups to independently produce compost fertilizer. This activity is expected to make a tangible contribution in reducing the volume of organic waste sent to landfills, improving soil fertility, reducing the use of chemical fertilizers, and supporting the creation of a more environmentally friendly and sustainable agricultural system.
THE ANALYSIS OF NON-REFOULEMENT PRINCIPLE TOWARDS ROHINGYA REFUGEES IN BANGLADESH Gunawan, Yordan; Rettob, Abdullah Teguh Thamrin; Kalagita, Kevin
Lambung Mangkurat Law Journal Vol. 5 No. 1 (2020): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v5i1.94

Abstract

Crime against humanity is still happening in some parts of the world for several reasons, includes the conflict of interest, politics as well as religion. It makes the victims like the Rohingya ethnic have to flee for finding peace and a secure place to survive. Non-Refoulement Principle which stated in 1951 Refugee Convention is being an important principle as the tools to protect the refugee and stateless person. In the Rohingya case, Bangladesh has argued about the ‘security problem’ of Ro­hingya’s pose, and Bangladesh also stated it became an important reason in sending the Rohingya back. From March 1, 2019, Bangladesh Authority no longer accepts refugees from Rohingya. The research aims to know further on the implementa­tion of Non-Refoulement principle. In addition, the research was made by using library research analysis as the method of research; whole data and information that contained on the research were collected through literature review by referring to books, journals, articles and websites. The research found that Bangladesh does not apply the Non-Refoulement principle and violates the Humanitarian Assistance principle. Even though ‘security issues’ have been raised as land to repatriate refu­gees by Bangladesh to Myanmar, it cannot be applied and impose Non-Refoulement obligations to Bangladesh as a matter of customary international law.
Protection of Medical Facilities and Personnel in Gaza Conflict: Humanitarian Law Perspective Gunawan, Yordan; Aditama, Setiyantoro Wahyu; Mareto, Irvan
Media Iuris Vol. 8 No. 2 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i2.71823

Abstract

The ongoing conflict in Gaza has significantly exacerbated the humanitarian crisis, particularly impacting the health sector. This study examines the forced expulsion of medical personnel from hospitals by the Israeli army in Gaza on December 25, 2024, which raises serious concerns regarding violations of international humanitarian law. This article analyzes the role of the International Committee of the Red Cross (ICRC) in safeguarding medical personnel and health facilities during armed conflicts, with a particular focus on the application of the Geneva Conventions. Employing a normative legal approach and case study method, this research utilizes international legal instruments, ICRC reports, and independent assessments of the Gaza conflict. The findings revealed that the expulsion of medical personnel violates fundamental principles of international humanitarian law, specifically concerning the protection of medical services in conflict zones. This study highlights the critical role of the ICRC in addressing such violations and ensuring that medical personnel can carry out their duties safely. Furthermore, it emphasizes the necessity of strengthening enforcement mechanisms and imposing sanctions against perpetrators to uphold the integrity of international humanitarian law.
Co-Authors Abdussalam, Muhammad Rafi Ade Armansyah Aditama, Setiyantoro Wahyu Adyatma Tsany Prakosa Ahmad Zulfiqri A. Lalu Aini, Rifa Ayu Nur Aisah Nur Aisah Nur Akbar Napitupulu, Ichwan Rizki Akbar, M. Fabian Alfarizi, M. Hanaan Aliza Mufida Amarta Yasyhini Ilka Haque Amarulia, Shafirah Ami Cintia Melinda Amirullah, Muhammad Nur Rifqi Ananda Prasetya Utami Anderson, Paulo Andres Andi Agus Salim Andi Rizal Ramadhan Anggoro Wati, Elvita Ansar, Muhammad Arya Ardhiawangsa, Fathiyya B’tari Pradipa Arif Budiman Armansyah, Ade Arumbinang, Mohammad Hazyar Asirwadana, Ewaldo Aulawi, Mohammad Haris Aulawi, Muhamad Haris Ayu Mega Rakhmawati Ayu Nopiyaranie Azham, Kevin Syahru Barbara Gunawan Barbara Gunawan Corral, Eva Ferrer Damayanti, Marselina Putri Debby Kemira Putri Drajat Dela Rinanda Putri Demas Abdi Islamey Desi Nur Cahya Kusuma Putri Devi Seviyana Devty, Stephanie Diva Aisya Safitri Dwilani Irrynta Dzakiyyah, Siti Asdilla Elfatia Ayu Kinasih Elvita Anggoro Wati Erbyandhana, Muhammad Afif Razak Farhansyah, Bagaskara Yonar Farman, Logi Fathi, Muhammad Fatimah Nuraini Fatra Alamsyah Fauziah Nauri Qisty Fauziah Nauri Qisty Fauziah, Nafiza Fawaz Muhammad Ihsan Febrila, Aldha Fernando, Danu Fikri, Imam Ikhsanul Fitriyanti, Fadia Gatot Priambodo, Gatot Genovés , Manuel Beltrán Genovés, Manuel Beltrán Ghiffara, Mustafad Ghiyats Amri Wibowo Gladis Tazaka Mustaqim Gultom, Qinnara Zegia Gumilang Tresna Nugraha Hafiz, Mohammad Bima Aoron Hafsari, Dhayu Ajeng Hardiyanti, Lista Arofa Himmaturrahmah, Himmaturrahmah Husada, Alfan Setya Putra Irrynta , Dwilani Irrynta, Dwilani Iwan Satriawan Jamilah Arifin Jayapraja, Labib Dianatadilaga Jayustin Sastra, Verocha Kalagita, Kevin Kania Dewi Kemira Putri Drajat, Debby Khairi, Muh Faqih Al Khairunnisa Khairunnisa Khasanah, Pentanita Uswatun King Faisal Sulaiman Kukuh Derajat Takarub Kurniasih, Lathifah Yuli Lago, Manuel Campos Lathifah Yuli Kurniasih Manuel Beltrán Genovés Mareto, Irvan Marselina Putri Damayanti Martinus Sardi Matahariza, Anandiva Meidista, Salsabilla Mita Amelia Mohammad Bima Aoron Hafiz Mohammad Haris Aulawi Mohammad Hazyar Arumbinang Mohammad Hazyar Arumbinang Mohammad Hazyar Arumbinang Mohammad Hazyar Arumbinang Moli Aya Mina Rahma Muhamat Ridho Yuliyanto Muhamat Ridho Yuliyanto Muhamat Ridho Yuliyanto Muhammad Nur Rifqi Amirullah Mulloh, Ahmad Fahmi Ilham Mutia Ovitasari Napitupulu, Ichwan Rizki Akbar Naufal Bagus Pratama Naufal Bagus Pratama Nazella Jeanny Andrian Nisa Nurhofipah Ramadani Novendra, Carissa Shifa Nur, Aisah Nurhaifa, Reksa Fikri Ode, Mahazanni Najwa Al-Asyifa Ovitasari, Mutia Pangestu, Rian Ade Permana, Vensky Ghaniiyyu Putri Prakosa, Adyatma Tsany Prameswari, Elfa Rheanna Pramono, Khansa Rizky Febrianti Prasetyo, Satya Bayu Pratama, Naufal Bagus Priambodo, Gatot Putra, Atha Esa Putra, Muh Raqi Pratama Putra, Muhammad Raqi Pratama Putri, Ayi Leoni Putri, Tefa Febiola Putri, Wiwit Kharisma Qisty, Fauziah Nauri Rahmanita, Fadhilah Ramadhan, Andi Rizal Ravenska Marchdiva Sienda Reni Anggriani, Reni Rettob, Abdullah Teguh Thamrin Rima Ayu Andriana Rinanda Putri, Dela Riyanto, Aisyah Ajeng Putri Rizaldy Anggriawan Rizaldy Anggriawan Safitri, Diva Aisya Salma Rahmi Pratiwi Saputra, Wisnu Prayogi Sardi, Martinus Sastra, Verocha Jayustin Setya, Putri Nurhaliza Anugerah Sigit Rosidi Siti Septiana K. Harun Sonya Whisler Refisyanti Syamsu, Andi Pramudya Syamsudin, Wa Ode Fithrah Az-zalia Tareq Muhammad Azis Elven Taufik, Muhammad Sulthan Faqih Tsaabita , Dinysia Dzakiyya Vensky Ghaniiyyu Putri Permana Verocha Jayustin Sastra Wardani, Rahmawati Mayta Yasir Perdana Ritonga Yusmiastuti, Tsaniya Zulfiani Ayu Astutik