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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Hasanuddin Law Review Justitia et Pax Jurnal Pemberdayaan Masyarakat Indonesia (JPMI) Jurnal Hukum dan Pembangunan
Kartika Paramita
Universitas Prasetiya Mulya
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard Paramita, Kartika
Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (690.057 KB) | DOI: 10.20956/halrev.v6i1.1570

Abstract

The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country. It extends the jurisdiction of a BIT forum to the breach-of-contracts matters and changes the nature of a private issue to an international affair. The polemic over the clause's interpretation has become a controversial issue over the years. It comes as a backlash for the Contracting States as a foreign investor could quickly bring an investment problem to an international forum. After more than a decade since its first discussion in the case of SGS v Pakistan, the clause grows to be one of the reasons for many countries to leave or reform their BIT model and changes the trend of international investment protection standard. This article addresses the different episodes of the umbrella clause alongside over the past decade. It projects the debate over the clause’s scope, its development, the governments' action, and their perception over it, and finally, how it changes the standard of investment protection in international treaties.
Tort Claim under the Ship Time Charter: The Perspective of Indonesian Law Kartika Paramita
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.v15no3.2089

Abstract

During a cargo carriage by sea under the time charter scheme, there can be a situation where the Ship-owner of the vessel does not have a contractual relationship with the cargo owner. This situation could happen when the charterer becomes the contractual carrier under the bill of lading instead of the Ship-owner. In that given scenario, if cargo damage occurs, the cargo owner can submit a tort claim against the Ship-owner. Indonesia never ratifies an international convention in the field of carriage of goods by sea. Suppose the given scenario happens without the incorporation of the Charter party or the provision of any international convention into the bill of lading, a tort claim will become a choice for the cargo owner to ask the Ship-owner's liability. It is the purpose of this article to analyze how Indonesian laws will examine a tort claim and how the Ship-owner will construe his defense in the field of carriage of goods by sea. The writing finds that Indonesia Commercial Code provides a legal basis for a cargo owner's tort claim against the Ship-owner. However, it needs further discussion to set the relationship status among the Ship-owner, the time-charterer/contractual carrier, and the cargo owner under Indonesian laws and regulations.
Mempererat Regional Asean Melalui Tatanan Hukum Keantariksaan: Peluang Dan Tantangan Bagi Indonesia Nugraha, Ridha Aditya; Paramita, Kartika
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather realistic. Both scenarios could become solutions to answer several actual issues, such as utilizing Geostationary Orbit (GSO) slots for Indonesia as well as determining space activity goals in the ASEAN region.
Peningkatan Produktivitas UMKM Kue Kering dan Tik Tuk di Desa Cipanas Melalui Program Pendampingan Community Development Soetijoso, Winnie Wiwa; Saputera, Miranda Indira; Anindhita, Shabira; Dwiputra, Mahardika; Andika, Rivo; Gerardo, Erick; Putra, Aditya Santosa; Paramita*, Kartika
Journal Pemberdayaan Masyarakat Indonesia Vol 1 No 1 (2019): Jurnal Pemberdayaan Masyarakat Indonesia (JPMI)
Publisher : Pusat Pengabdian kepada Masyarakat (PPKM) Universitas Prasetiya Mulya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (992.775 KB) | DOI: 10.21632/jpmi.1.1.53-64

Abstract

The Community Development Program aims to help The Micro Small & Medium Enterprises (MSME) in developing their business. Through this activity, it is intended for builders to be able to increase sales and marketing widely. The method used is mentoring and monitoring of the direct practices applied by partners regarding the production process of cookies and tik-tuk. The success of this activity is in the form of a standard operating procedure (SOP). Partners also get additional equipment that supports the production process. Marketing partner products is made online to reach a broad target market. Product innovation starts from the presence of brands, logos, and packaging made to attract customers with new products introduced to the market.
STUDI KOMPARASI IMPLEMENTASI PENGECUALIAN “BAHAYA DI LAUT” BERDASARKAN HAGUE VISBY RULES DAN HUKUM INDONESIA Paramita, Kartika; Putri, Zahira Balqis Awina
Justitia et Pax Vol. 42 No. 1 (2026): Justitia et Pax Volume 42 Nomor 1 Tahun 2026
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v42i1.10150

Abstract

Perils of the sea is an exclusion clause that can exempt sea carriers from liability for cargo damage. This doctrine is globally recognized, including under the preeminent convention in carriage of goods by sea, the Hague-Visby Rules, and the Indonesian Commercial Code. This study aims to compare the interpretation of Indonesian positive law with that of other State parties to the Hague-Visby Rules. Utilizing a qualitative method with a comparative-legal approach, this study finds that Indonesia, as a civil law jurisdiction, tends to equate perils of the sea with the doctrine of force majeure, rather than adopting it as an independent doctrine as commonly implemented in common law jurisdiction. The absence of specific parameters and indicators regarding the implementation of this doctrine within Indonesian domestic law creates legal uncertainty that blurs the line between pure maritime risks and human error mistakes. This loophole potentially undermines the Indonesian maritime commercial climate, as carriers can evade their liability. This study concludes that there is a need for the synchronization of the interpretation of perils of the sea doctrine by Indonesian courts to ensure equitable legal certainty.
Co-Authors Andika, Rivo Anindhita, Shabira Dwiputra, Mahardika Gerardo, Erick Putra, Aditya Santosa Putri, Zahira Balqis Awina Ridha Aditya Nugraha Saputera, Miranda Indira Soetijoso, Winnie Wiwa