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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Student Journal of International Law Kanun: Jurnal Ilmu Hukum Student Journal of International Law
Lena Farsia
Universitas Syiah Kuala
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Satellite Image Data as Environmental Crime Evidence in the Field of Illegal Logging Mahfud Mahfud; Lena Farsia; Nellyana Roesa; Safrina Safrina
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 3 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no3.2166

Abstract

Indonesia's forest degradation which is triggered by decades of uncontrolled deforestation has caused massive tropical forest depletion. The same situation also happened to Aceh's forest whose forest areas have been shrinking from year to year.  Indication of the increase in illegal logging is both in Indonesia and especially in Aceh as if showing an indication and an academic conclusion that there is a crucial problem. Therefore, there is a need for a mechanism to create an effective legal role to at least reduce illegal logging that is increasingly prevalent in Indonesia's forests. One of the mechanisms is by using a remote sensing technology approach to monitor the occurrence of illegal logging or other criminal acts in the forest which are considered to be the cause of the loss of Aceh's forest in particular and Indonesia in general. This study aims to find out the use of remote sensing satellite technology to monitor illegal logging in Aceh and to identify the use of satellite imagery by law enforcement officials in Aceh to punish illegal logging offenders. The results showed that law enforcement officers used satellite imagery data on conditions before and after environmental damage in handling illegal logging.   However,   the data that emerged from   LAPAN   is rarely used by law enforcement officials to monitor the condition of national forests, especially those in their work areas. Lack of use of satellite data by law enforcement officials in the initial tracking to eradicate illegal logging due to their lack of initiative to prevent illegal logging, the physical condition of  Leuser protected forest areas which are also close to residential areas,   and external issues of areas that make wood from Aceh's forests are traded outside the region and even abroad, as well as the lack of qualifications of law enforcement officials who know the environmental issues.
CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA Ainal Zahra Nabila; Lena Farsia
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.109 KB) | DOI: 10.24815/sjil.v2i1.21730

Abstract

This paper examines  ExxonMobil's Corporate Social Responsibility (CSR) programs for the remedy of affected people in the crimes against humanity cases that occurred in North Aceh, Indonesia. The method applied to this paper is normative research that describes the case, gathers, and organizes a wide variety of data from the document to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity cases committed by the party that is affiliated with the ExxonMobil, (Indonesian National Armed Forces). This paper found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR that comply with international guidance and standard of CSR.
PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA Fianka Aiza; Lena Farsia
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.907 KB) | DOI: 10.24815/sjil.v1i1.18077

Abstract

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.
JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION Nora Afriyani; Lena Farsia
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (206.36 KB) | DOI: 10.24815/sjil.v2i1.21736

Abstract

This article  examines the jurisdictional of ICSID Arbitration and the dispute resolution mechanism of Churchill Mining plc and Planet Mining pty ltd against Indonesia at ICSID. This research is in the form of normative legal research conducted by collecting legal materials. Legal materials are collected using the literature study method by collecting legal materials and information in primary, secondary, and tertiary legal materials. According to Article 25 of ICSID Convention, dispute arising directly from an Investment, absolute requirement of jurisdiction is the existence of a legal dispute. The general secretariat serves as a screening and checks whether the request for arbitration is outside the center's jurisdiction because it is not related to investment. ICSID should no longer need to carry its competency test for too long because both parties have made a contract in determining the choice of forum at ICSID.
THE ROLE OF INTERNATIONAL MONETARY FUND (IMF) IN ECONOMIC RECOVERY DURING ECONOMIC CRISIS OF INDONESIA Lena Farsia
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.428 KB) | DOI: 10.24815/sjil.v1i1.18074

Abstract

The International Monetary Fund (IMF) has a primary role in providing financial support to countries facing financial crises, such as the 1998 world financial crisis. The situation has brought an enormous impact on developing countries, particularly Indonesia. This paper explores the role of The IMF and maps out the problems related to the financial crisis and its impact on Indonesian political reforms. It will be done by compiling the milestones in chronological order from 1997 until 2017. It also aims to examine the lending policies of the International Monetary Fund, which brings a country like Indonesia becomes addicted and difficult to survive or improve in its economic development. There will be an understanding of how the actual process happens. It can be used as an instrument to assess whether the existence and role of the IMF in Indonesia have a better or harmful impact on the long-term economic development of Indonesia.   Keywords: The International Monetary Fund (IMF), Economic Development, Financial Crisis
GOOD FAITH PRINCIPLE UNDER ARTICLE 7 OF CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (CISG) IN BONAVENTURE V. PAN AFRICAN EXPORT CASE Lucya Agustine Nindhy Utami; Lena Farsia
Student Journal of International Law Vol 2, No 2: Desember 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23667

Abstract

This paper aims to discover the effectiveness of the good faith principle when it is related to cases, in particular Bonaventure V. Pan African Export Case. Additionally this paper assess to whether each country have a similar comprehension of the importance and execution of the good faith principle in article 7 of CISG as a source in contract or agreement between parties. This paper utilised normative legal research which focusing to explore legal norm of the issue. The outcomes showed that good faith principle has been understood differently in different country. The implementation of the agreement that has been agreed upon by both parties can also change due to factors within the country that cannot be equated even though they have followed the good faith principle.
Penerapan Imbal Jasa Lingkungan dalam Pelestarian Daerah Aliran Sungai di Aceh Wardah Wardah; Lena Farsia
Kanun Jurnal Ilmu Hukum Vol 15, No 1 (2013): Vol. 15, No. 1, (April, 2013)
Publisher : Universitas Syiah Kuala

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Abstract

ABSTRACT: Payment for Environmental Service (PES) is an environmental regulatory concept that as a voluntary transaction where a well-defined environmental service is being “bought” by at least one environmental service buyer from at least one environmental service provider, if and only if the environmental service buyer secures the environmental service as a conditionality. There is increasing interest and experience in PES in both developed and developing countries. In Asia, PES concept is manifested in forest and/or water resources management policy, such as in China, Japan. In the present state of the world, PES has come to the fore in step with concerns to save the environment in a holistic manner. Now, PES has become a way or a mechanism of stakeholders to maintain and manage the environment by providing economic incentives/compensation from users to providers of environmental services. In Aceh, this mechanism is implemented for protecting river stream area, such as in Krueng Montala, Great Aceh. PES mechanisms should be supported with force of law, also synergized with policies and projects related to integrated water resources management, rural development and rural livelihoods, and land use zoning. PES mechanisms can increase the quality of nature and protect the environment also can help to provide alternative income for local people rather than they destroyed the environment. The Implementation of Payment for Environmental Services in Safeguarding The River Stream Areas in Aceh
Dekonstruksi Peran Tuha Peut Perempuan dalam Menjaga Perdamaian di Aceh Mahfud Mahfud; Wardah Wardah; Lena Farsia; Susiana Susiana
Kanun Jurnal Ilmu Hukum Vol 19, No 3 (2017): Vol. 19, No. 3, (Desember, 2017)
Publisher : Universitas Syiah Kuala

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Abstract

Undang-Undang No. 44/1999 tentang Penyelenggaraan Keistimewaan Aceh jo. Undang-Undang No. 22/1999 tentang Pokok-pokok Pemerintahan Daerah, mengatur lembaga-lembaga adat, termasuk mengaktifkan kembali lembaga Tuha Peut dalam berbagai perangkat regulasi/aturan dan kebijakan Pemerintah Daerah di Aceh. Selanjutnya, Undang-Undang No. 18/2001 tentang Otonomi Khusus dan terakhir dengan Undang-undang No. 11/2006 tentang Pemerintahan Aceh, maka lahirlah berbagai produk hukum berupa qanun, yang menempatkan kembali lembaga dan peran tuha peut dalam Pemerintahan Gampong dan Mukim di Aceh. Hasil penelitian menunjukan bahwa perlunya pendekatan kontemporer ditempuh oleh pemerintah dengan melibatkan sejumlah pihak dan kalangan dalam menjaga perdamaian Aceh. Salah satu pendekatan kontemporer tersebut dengan melibatkan unsur perempuan sebagai agen perdamaian yang terdapat dalam struktur Tuha Puet Gampong. Namun demilian banyak diantara perempuan enggan mencalonkan diri sebagai anggota dari Tuha Peut Gampong. Banyak dari mereka bahkan masih menganggap bahwa Tuha Puet Gampong masih merupakan ranahnya kaum pria.  The Deconstruction of the Role of Female Tuha Peut in Peace Keeping Activities in Aceh The Law No. 44/1999 on Special Autonomy and the Law of Governing Aceh and the Law No .22/1999 on Cores of Local Goverment regulate the Adat institutions, including reactivated the Tuha Peut institution in every regulations and Aceh local goverment policies. The Law No. 18/2001 on Special Autonomy and  the UUPA have been establishing more legal products such as qanun that resettle the adat institutions and the role of the tuha peut in local government of gampong and mukim in Aceh. The result of the research shows that the Government of Aceh has involved many stakeholders in peace keeping activities in Aceh. One of the contemporary approach is by engaging women role as the peace agent. However, many women hesitated to candidate them selves as the Tuha Peut members, as they think that the role is belongs to men.
Hukum Pelestarian Terumbu Karang sebagai Penyangga Produktivitas Perikanan Lena Farsia; Wardah Wardah
Kanun Jurnal Ilmu Hukum Vol 16, No 1 (2014): Vol. 16, No. 1, (April, 2014)
Publisher : Universitas Syiah Kuala

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Abstract

There is the fact that in Aceh, more than 60 percent of coral reef are bleaching. Scientiests also found that 80 percent of marine species in Aceh marine are going to death. It is a dangerous situation because coral reef are a protecting place for fish and other sea biotas. Huge fishes are also usually gathering around the coral reef that provide food for them. This research will be conducted at the coral reef ecosystem in Ujung Pancu, Kecamatan Peukan Bada, Great Aceh. The aims of the research are to analyze the rule of protecting coral reef in Aceh Province, to explain the efforts of coral reef protection in Ujong Pancu area in order to increase the fishing productivity, and to comprehend the challenges faced in preserving coral reef in Ujong Pancu area. The research shows that the legal basis for the coral reef conservation has regulated both in national and local law. It means that the government has been taking into account and giving proper attention to the conservation program. Moreover, the coral reef conservation in Ujung Pancu also got supports not only form the local government but also from the civitas academica but also from the local and international  non governmental organizations. It is concluded that the barriers in coral reef preserving program in Ujung Pancu are minimalized.  The Potential of Coral Reef of Law as Fishery Productivity Buffer
CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA Ainal Zahra Nabila; Lena Farsia
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i1.21730

Abstract

This paper examines  ExxonMobil's Corporate Social Responsibility (CSR) programs for the remedy of affected people in the crimes against humanity cases that occurred in North Aceh, Indonesia. The method applied to this paper is normative research that describes the case, gathers, and organizes a wide variety of data from the document to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity cases committed by the party that is affiliated with the ExxonMobil, (Indonesian National Armed Forces). This paper found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR that comply with international guidance and standard of CSR.
Co-Authors Ainal Zahra Nabila Fianka Aiza Lucya Agustine Nindhy Utami Mahfud Mahfud Mahfud Mahfud Nellyana Roesa Nora Afriyani Safrina Safrina Susiana Susiana Wardah Wardah