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All Journal MIMBAR : Jurnal Penelitian Sosial Dan Politik Uti Possidetis: Journal of International Law Indonesian Journal of International Law
Rahayu Repindowaty Harahap
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Facility Security Measures at Ujung Jabung Port: a Review in Terms of The International Ship and Port Facility Security Code Farisi, Mochammad; Putra, Akbar Kurnia; Ardianto, Budi; Harahap, Rahayu Repindowaty
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.864 KB)

Abstract

Ujung Jabung is a region located in the District of Sadu at Tanjung Jabung Regency, Jambi Province, Indonesia. The area strategically lies in the Indonesian Archipelagic Sea Lane 1 (ALKI 1), which is the international trading and shipping lane. It brings about an excellent opportunity for economic development in Jambi Province. With this in mind, the Government of Jambi develops the region into a strategic area that includes Ujung Jabung Port. Based on the 2011-2031 Region’s Spatial Plan (RTRW) of East Tanjung Jabung Regency, the regency designed it to be the main port with the name of Samudera Ujung Jabung Port. The international shipping routes at the port are Ujung Jabung-West Asia-East Europe and Ujung Jabung-Southeast Asia-East Asia. Due to its international nature, the construction of Samudera Ujung Jabung Port should follow the international measures on the security of the port, shipping, and facility. As a Member of the International Maritime Organization (IMO), Indonesia is subject to international law. It ratifies the United Nations Convention on Safety on Life at Sea (SOLAS) 1974 and the auxiliary instrument of International Ships and Port Facility Code (ISPS Code). Accordingly, the construction of Samudera Ujung Jabung Port should comply with the international safety standard as written in the ISPS Code.
Myanmar Military Coup: Can ICCPR Protect Civil Society? Pasha, Vanhar Camal; Novianti, Novianti; Harahap, Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.19973

Abstract

This study aims to find out how the International Convention On Civil And Political Right protects Myanmar Civil Society in the Myanmar Military Coup Case and how the legal protection for Myanmar civil society against conflicts that occur in the region. This research is a normative legal research. With a statute approach, case approach and conceptual approach. Based on research, that in the convention on civil and political rights there are provisions that regulate and guarantee the rights of civil society, but the rights of civil society in Myanmar are not guaranteed due to the coup conflict and the struggle for power in the country. This shows that the convention on civil and political rights has not optimally guaranteed the protection of the rights of civil society. As well as how ASEAN's role in resolving conflicts carried out by the Myanmar military against Myanmar's civil society. The forms of protection of Myanmar's civil society are contained in the existing rule of law and if there is a problem, this problem is resolved at the Summit or ASEAN Summit level
POLITIK HUKUM SISTEM REKRUTMEN POLITIK YANG IDEAL BERDASARKAN UDHR & NILAI PANCASILA Farisi, Mochammad; Harahap, Rahayu Repindowaty; Novianti; Ramlan
Mimbar : Jurnal Penelitian Sosial Dan Politik Vol 13 No 1 (2024): Mimbar : Jurnal Penelitian Sosial dan Politik (Juni)
Publisher : Faculty of Social and Political Sciences Universitas Prof Dr Hazairin, SH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32663/s1cann89

Abstract

The position of political parties as democratic institutions in Indonesia has a strategic role in producing prospective leaders in the legislative and executive institutions directly elected by the public through elections. However, the Law on Political Parties as the basis for the implementation of recruitment has not been able to produce prospective leaders who are in accordance with the mandate of the 4th principle of Pancasila, which implies the birth of leaders with the characteristics of wisdom and wisdom. Article 29 paragraph (1a); paragraph (2) of the Political Party Law only regulates the recruitment pattern that the selection of candidates for Regional Heads and DPRD candidates is carried out democratically, openly and in accordance with the bylaws of political parties. There are no detailed regulations related to the meaning of the democratic clause, thus creating an oligarchy of party elites, prone to "dowry" or money politics. This research uses a juridical-normative method with a statutory and conceptual approach. As a result of poor recruitment patterns, many prospective leaders born by political parties contradict the 4th principle of Pancasila, namely leaders who are wise and prudent and many are even caught in corruption cases, the impact is that the community does not get the right to get prospective leaders who are wise and prudent who are able to improve the welfare of the community. Indonesia has adopted human rights values in the UDHR and ratified the ICCPR. For this reason, the establishment of ideal standard standards for the recruitment process of prospective leaders through the revision of Article 29 paragraph (1a) and paragraph (2) of the Political Party Law must be done immediately so that the community gets the right to have a wise and wise leader.
ICCPR and the Future of Political Rights: A Critical Analysis of Existing International Legal Norms Farisi, Mochammad; Ardiana, Hanny Sukma; Bahren, Bahren; Harahap, Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 6 No 2 (2025): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i2.43388

Abstract

Background: This article examines the normative gap within the International Covenant on Civil and Political Rights (ICCPR) concerning the regulation of internal democracy within political parties. While Article 25 guarantees the procedural right to vote and to be elected, it does not sufficiently address substantive democratic deficits such as oligarchic practices, vote buying, and the absence of internal party accountability. Methodology: The analysis is grounded in normative legal research, relying on doctrinal interpretation of international human rights instruments, particularly the ICCPR, and exploring the horizontal application of human rights and the state's due diligence obligations with respect to political parties. Objectives: The primary objective is to argue that political parties, as pivotal actors in democratic systems, should be subject to human rights standards, especially regarding integrity, participation, and non-discrimination, and to identify legal mechanisms that could strengthen internal party democracy under international law. Findings: The study finds that existing international legal instruments inadequately regulate the internal functioning of political parties, allowing undemocratic practices that undermine the substantive realization of political rights. It also identifies that the state's positive obligations can justify regulatory oversight of political party governance. Originality/Novelty: This article advances three normative proposals to fill the regulatory void: the drafting of a new General Comment to Article 25 of the ICCPR, the adoption of an Optional Protocol to impose binding obligations, and the creation of UN Guiding Principles as soft law. These proposals collectively offer a novel framework for reconstructing political rights substantively and reinforcing democratic legitimacy through international law.
Kekerasan Seksual Sebagai Taktik Perang Kongo: Antara Impunitas Hukum Nasional dan Pemberlakuan Statuta Roma Udit, Indah Ardhita; Novianti, Novianti; Harahap, Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13763

Abstract

Sexual violence during conflict has become a crucial issue in the realm of Humanitarian Law. In its development, this form of violence is carried out systematically, spreads, and is often carried out under orders. This article discusses how the enforcement of humanitarian law can be implemented properly in the Congo war. The results of the study show that the effectiveness of Congo's national law should have played a role in this incident. Weak national law enforcement results in the failure of the function of law as a guide to justice, resulting in impunity. As a preventive measure, the implementation of the Rome Statute is imperative. The statute states that systematic and widespread sexual violence is a form of crime against humanity and a violation of humanitarian law.
Pemaksaan Perkawinan Berkedok Tradisi Budaya: Bagaimana Implementasi CEDAW terhadap Hukum Nasional dalam Melindungi Hak-Hak Perempuan dalam Perkawinan? Fanny Nainggolan, Junita; Ramlan, Ramlan; Harahap, Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 3 No 1 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i1.15452

Abstract

This article discusses the implementation of CEDAW  into national law to protect women’s rights in marriage. Even though the convention has been ratified for decades, in social life, women are still often discriminated against. One form of discrimination in Indonesia is still a patriarchal culture that develops in society. The patriarchy that dominates the culture of society creates sexism and gender inequality that affects many aspects of human activity, one of which is the issue of marriage. In Indonesia, there are still many marriages that occur Indonesia because of forced marriages. Moreover, it is carried out under the guise of a tradition that has experienced a shift in cultural values. The choice to marry and with whom is closely related to self-determination which has been recognized in the CEDAW Convention. The results of this study indicate that in the CEDAW Convention, everyone has the same right to marry, regardless of the gender and gender of the person. However, in its implementation into national law, its implementation is still discriminatory and not yet integrated.
Artificial Intelligence Dalam Autonomous Weapon Systems: Masalah Teknis atau Masalah Hukum? Yuwono, Teguh; Harahap, Rahayu Repindowaty; Sipahutar, Bernard
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19412

Abstract

This article discusses legal problems in the use of Artificial Intelligence (AI). In its development, AI has built human existence in various fields including the military. There is a problem when an Autonomous Weapon System (AWS) uses AI instead of a non-human operator. It was found that, AWS was unable to fulfill the principle of distinction and principle of proportionality set forth in article 51 paragraphs (1-3) and paragraph (5) of Additional Protocol I 1977. These principles are two solid matters, as they relate to the technical requirements expected on performance. field that can only be carried out by humans. Although AWS uses sensors as a distinguishing tool, it provides an estimate that this weapon system can apply the principle of discrimination. A discriminatory attack will also violate the law if it is not adjusted to the principle of proportionality. This is where the important role of humans in preventing unnecessary losses. In addition, the use of AI on AWS has also led to the disconnection of supervisory responsibilities that require superiors and subordinates. This is clearly what AWS does and a commander who gives the order to carry out the attack. For this reason, special arrangements are needed to regulate AWS in the form of a new convention or the addition of a protocol to The United Nations Convention on Certain Weapons 1980 with the aim of limiting the use of AI so that human presence remains in every use of weapons.
Co-Authors Akbar Kurnia Putra Ardiana, Hanny Sukma Bahren Bahren Budi Ardianto Fanny Nainggolan, Junita Farisi, Mochammad Novianti Novianti Novianti Pasha, Vanhar Camal Ramlan Ramlan, H. Sipahutar, Bernard Teguh Yuwono Udit, Indah Ardhita