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All Journal Jurnal Mahasiswa Fakultas Hukum Jurnal Daulat Hukum Ajudikasi : Jurnal Ilmu Hukum JPM (Jurnal Pemberdayaan Masyarakat) DE LEGA LATA: Jurnal Ilmu Hukum JCES (Journal of Character Education Society) WAJAH HUKUM Jurnal Ilmiah Penegakan Hukum Veteran Law Review JE (Journal of Empowerment) Jurnal Civic Hukum KRTHA BHAYANGKARA Jurnal Esensi Hukum Jurnal Pengabdian kepada Masyarakat Jurnal Abdimas Indonesia : Jurnal Abdimas Indonesia UNES Journal of Swara Justisia Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Bengkoelen Justice : Jurnal Ilmu Hukum Law Development Journal Jurnal Pengabdian Masyarakat Ilmu Terapan (JPMIT) Jurnal Interpretasi Hukum Perspektif Hukum Hang Tuah Law Journal LamLaj
Davilla Prawidya Azaria
Universitas Pembangunan Nasional Veteran Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Other

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Ratification Of The Convention On Contracts For The International Sale Of Goods (CISG) To Improve Indonesian Business Actors Bargain Position In International Transaction Contracts Hermawati, Mutiara; Azaria, Davilla Prawidya
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26980

Abstract

Indonesian business actors are often in unfavorable bargaining positions on international contract transactions. Mainly is caused by inconsistency between KUHPerdata as the legal instrument and its implementation. This paper aims to explain how KUHPerdata and CISG determine the bargaining position then analyze CISG normatively as the best legal instrument option to improve Indonesian business actors and lift up its unfavorable position. Research method uses normative legal conduct by statute and comparative approaches. KUHPerdata and CISG are primary legal instruments in comparison while supported with the best practices in Vietnam and China. Result shows that KUHPerdata holds at least four crucial weaknesses which leads to an unfavorable position for its beared actors. On the other hand, CISG could overcome those weaknesses with the fundamental breach concept as its effective limit manifestation. By ratifying CISG and adopting the best practices in Vietnam and China would improve Indonesian beared actors bargaining position in international contract transactions. 
Penguatan Kelembagaan Penanganan Pengungsi pada Agenda 2030 Sustainable Development Goals Azaria, Davilla Prawidya
Esensi Hukum Vol 4 No 1 (2022): Juni - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v4i1.122

Abstract

The protracted crisis of refugees as a marginal group is often neglected to fulfill their fundamental rights and well being in the sustainable development agenda. This paper aims to analyze well being indicators of refugees in the sustainable development agenda. The method used is normative research through literature study with a conceptual and analytical approach. The term of refugee are not written explicitly in the sustainable development agenda indicators as of they should be aligned with the general goals of the sustainable agenda, as well as institutional strengthening through policy reform, long-term financing, and requiring active cooperation from various actors in managing and fulfilling refugees fundamental rights, especially for hosting countries and humanitarian institutions at the global and national level.
AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS JURISDICTION IN PROSECUTING HUMAN RIGHTS VIOLATIONS BY RWANDA IN THE DEMOCRATIC REPUBLIC OF CONGO Lintang Aulia Zahra; Davilla Prawidya Azaria
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 6 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i6.3393

Abstract

This study investigates the jurisdictional capacity of the African Court on Human and Peoples' Rights (AfCHPR) in adjudicating transnational human rights violations, with a focus on the Democratic Republic of Congo’s (DRC) case against Rwanda concerning alleged support for the M23 rebel group. Drawing on normative legal methods and qualitative analysis, the paper examines the limitations of DRC's domestic judicial system in addressing grave human rights abuses, particularly in conflict zones marked by institutional fragility, corruption, and impunity. Despite legal reforms and ratification of major human rights instruments, the DRC remains unable or unwilling to ensure accountability for violations, especially those involving foreign actors. In response to these systemic shortcomings, the DRC has turned to the AfCHPR, marking a significant legal milestone as the first inter-state case before the Court. The paper explores the legal foundations for the AfCHPR’s jurisdiction under regional and international instruments, while also analysing Rwanda’s objections concerning admissibility and territorial competence. By assessing relevant case law, including Zongo v. Burkina Faso and Ogiek v. Kenya, the research highlights the AfCHPR's growing legitimacy as a regional mechanism for human rights enforcement. This case signals a broader shift toward accountability and justice in Africa, challenging traditional notions of sovereignty in favour of state responsibility and victim protection.
United States' Refusal to the International Criminal Court's Investigation of Crimes Against Humanity Conducted by Israel in Palestine Muhamad Dafi Akbar; Davilla Prawidya Azaria
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v11i1.272

Abstract

This research examines the legal validity of the United States’ rejection of the International Criminal Court’s (ICC) investigation into alleged crimes against humanity committed in Palestine. The issue arises from the imposition of United States sanctions on ICC officials, despite the United States not being a State Party to the Rome Statute and its reliance on domestic legislation such as the American Servicemembers’ Protection Act of 2002. Using a normative juridical method, this study analyzes primary legal sources, including the Rome Statute, the Vienna Convention on the Law of Treaties, and ICC jurisprudence, alongside relevant secondary materials. Particular attention is given to the Appeals Chamber decision of 15 December 2025, which rejected Israel’s objection under Article 18 of the Rome Statute and confirmed the Prosecutor’s authority to proceed with the investigation into the situation in Palestine. The findings indicate that the ICC lawfully exercises territorial jurisdiction based on Palestine’s 2015 accession and Article 12(2)(a) of the Rome Statute, and that obligations arising from jus cogens and erga omnes norms render unilateral countermeasures legally ineffective. Furthermore, the study argues that sanctions targeting ICC judges and prosecutors may constitute improper interference with the administration of justice under Article 70 of the Rome Statute. The study concludes that such sanctions undermine the independence of the ICC, weaken the universality of international criminal accountability, and risk politicizing the enforcement of core international crimes. 
Use for the Benefit of All? The Double-Edged Implications of Commercial Activities under the Outer Space Treaty Putra Hamonangan Ritonga; Davilla Prawidya Azaria
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.4689

Abstract

The 1967 Outer Space Treaty was drafted in the Cold War era, when States were the primary actors in outer space activities. Consequently, Article I’s concept of “use” referred mainly to peaceful and scientific exploration by States. In the New Space Era, however, private actors such as SpaceX and Blue Origin have shifted space activities toward profit-driven commercialization. This development creates normative tension with the Treaty’s principle that outer space shall be used “for the benefit of all countries,” as commercial practices risk deepening inequality, enabling technological monopolies, and increasing environmental threats, particularly space debris. This research employs a normative juridical method through library-based analysis of international legal instruments, national regulations, and academic doctrines, complemented by comparison with other global commons regimes, notably the United Nations Convention on the Law of the Sea. The findings show that the current interpretation of “use” is inadequate for regulating multi-actor commercial activities. Therefore, an ius constituendum is required to redefine and limit “use” through fair benefit-sharing, proportional responsibility, and sustainable protection of the outer space environment, drawing inspiration from institutional models such as the International Seabed Authority.
Co-Authors Abidin, Fikri Rafi Musyaffa Agustanti, Rosalia Dika Akbar, Muhamad Dafi Alfarissa, Tiara Ali Imran Nasution Anni Alvionita Simanjuntak Atik Winanti Azzahra, Kesya Fadhilah Chairunnisa, Madiha Dzakiyyah Dwi Desi Yayi Tarina Ferdianty, Shavina Putri Gilang Abi Zaifa Hermawati, Mutiara Jasmine, Tajna Putri Lintang Aulia Zahra Muhamad Dafi Akbar Muhammad fauzan Muhammad Rafi Raditya Muhammad Syam Riva'i Puspitarini, Nabilah Putra Hamonangan Ritonga Raditya, Muhammad Rafi Rianda Dirkareshza Ridha Wahyuni Ridha Wahyuni Sebayang, Her Dianta Mehaga Siti Helmyati Surahmad Surahmad, Surahmad Syamsul Hadi Tajna Putri Jasmine Taupiqqurrahman Thoriq, Ahmad Reihan Wibowo, Rayhan Zaki