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All Journal Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Kanun: Jurnal Ilmu Hukum Student Journal of International Law
M. Putra Iqbal
Universitas Syiah Kuala
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LOCKDOWN IN INTERNATIONAL TRADE A NORMATIVE JURISDICTION BASED ON UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (CISG) 1980 Djody Riktian Morajaya; M. Putra Iqbal
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 6, No 4: November 2022
Publisher : Fakultas Hukum Universitas Syiah Kuala

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Abstract-This research aims to explain the relationship between the rules in the CISG 1980 and the lockdown in relation to international trade during the Covid-19 pandemic. Then also find solutions for parties who experience problems when conducting international trade transactions during the lockdown. The research found that there are no special rules in the CISG that regulate international trade during a pandemic. Besides that, the pandemic cannot be used as an absolute reason for filing an exception. Re-negotiation on the basis of pandemic is a step that the parties can take before bringing it to a dispute resolution forum. It is recommended that CISG issue legal instruments such as legal guides that provide directions to carrying out international sale of goods during this Covid-19 pandemic and the parties should include force majeure or hardship clauses based on matters agreed upon by the parties.Keywords: CISG; Covid-19 pandemic; lockdown. 
Prinsip Pencegahan dalam Hubungannya dengan Prinsip Kebebasan Berlayar di Wilayah Selat Nellyana Roesa; M. Putra Iqbal
Kanun Jurnal Ilmu Hukum Vol 14, No 3 (2012): Vol. 14, No. 3, (Desember, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: International law of the sea has ruled that a coastal state and foreign ship have a right to and certain power in straits including Indonesia towards the Malaka Strait. It is one of the straits used as international shipping lane. UNCLOS 1982 admits that there is a transit passage right for foreign vessels shipping over the strait and it cannot be called by Indonesia as a coastal state directly faces the strait. In several matters, the passage is a border for the acknowledgement of Indonesia sovereignty over its territory. On the other side, international law provides the right for foreign vessels to have a passage without getting permission from Indonesia. However, a coastal state is also acknowledged its right to defend the sea from damage. The prevention principle is one of the reasons that can be justified by the state to maintain and protect the sea from damage caused by the using of the sea, by the passage right.   International Law of the Sea Regarding Prevention Principle in Relation to the Freedom Principle of Sailing in Straits
LEGAL PROTECTION FOR CRYPTO ASSETS INVESTMENT IN COMMODITY FUTURES TRADING IN INDONESIA Daeng Naufal Firjatullah; M. Putra Iqbal
Student Journal of International Law Vol 3, No 1: August 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i1.27223

Abstract

Cryptocurrency/Crypto assets has become increasingly popular when the trading industry was sluggish and chaotic due to the Covid-19 Pandemic. However, there is no adequate regulation by the Badan Pengawas Perdagangan Berjangka Komoditi (Indonesia Bappebti). This article investigates the legal protection of Crypto Assets and Crypto Asset Trading Business Actors, as well as to understand the existence of Crypto Assets as a commodity in Commodity Futures Trading in Indonesia. This study uses normative legal research with a conceptual and statutory approach. The study shows that the Indonesian government, through the Bappebti, has regulated the trading of the Physical Market of Crypto Assets on the Futures Exchange, but there are still inadequate legal protections such as the absence of a Futures Exchange, Futures Clearing House and Crypto Asset Storage Manager. Hence their would be lacked of legal certainty, risk management facilities, and fair competitive pricing. It is recommended to Bappebti to immediately establish a Crypto Futures Exchange, Clearing House and Crypto Asset Storage Manager, along with regulating the use of Expert Advisor and Initial Coin Offerings (ICO).
Co-Authors Daeng Naufal Firjatullah Djody Riktian Morajaya Nellyana Roesa