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All Journal Cakrawala Pendidikan JURNAL MAGISTER HUKUM UDAYANA Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Constitutional Review Jurnal HAM Jambe Law Journal Udayana Journal of Law and Culture Indonesian Journal of International Law
Heribertus Jaka Triyana
Faculty Of Law, Universitas Gadjah Mada, Indonesia
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementing the ASEAN Agreement on Disaster Management and Emergency Response for Better Coordination and Simplification Procedures Triyana, Heribertus Jaka; Harjono, Novita Putri; Mcdermott, Ronan
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.147-205

Abstract

This article aims to critically examine implementation of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER) to cope with humanitarian assistance caused by disasters, complex emergencies and conflicts in South East Asian countries. It focusses on how the ASEAN member States initiate and implement coordination and simplification of procedures on how to deliver humanitarian assistance to victims once those situations are declared as regional concern. The analysis in this paper is mainly construed by normative legal research relied on information of facts and information of legal bases in order to find out legal gaps, ambiguity, overlapping institutions and conflict of norms on coordination and procedures between national and regional regulations, policies, programs and actions. It provides framework for analysis on how constructive engagements under the AADMER generate a distinctive legal feature for regional concerns dealing with humanitarian issues in South East Asian Countries. This article reveals that effective coordination and simplification of procedures are back bones for the AADMER implementation. Factually, regulatory impacts assessments have been assessed and factually carried out by ASEAN member States in terms of increasing their understanding, allocation of all available resources and reducing potential risks when they create and implement their national rules and regulation on disaster, complex emergency and conflicts. However, at the same time, they tend to be reluctant to take measures on underlying necessity of legitimate reasons, authority as well as their advanced resources. It is necessary to be shared to reduce capacity gaps for better effective coordination and simplification of procedures due to their narrowed understanding of state’s sovereignty to shield their unwillingness to cooperate
Emphasizing the Role of Diplomatic Agents for Repatriation of Ex-Foreign Terrorist Fighters (FTF): Study of Indonesia Triyana, Heribertus Jaka
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.333

Abstract

Repatriation of the ex-Foreign Terrorist Fighters (FTFs) has been initiated since 2020 where many ex-Indonesians are trapped and scammed in the conflicting areas. These individuals, often branded as ex-nationals upon leaving their homelands, have engaged in violent conflicts in Syria, Iraq, and beyond. With ISIS’s territorial grip weakening, these ex-FTFs now attempt to return to their origin countries, such as Indonesia. The analysis in this paper is mainly constructed by the role and function of diplomatic and consular agents on their repatriation. They are directed to the existence of customary international law as the primary source of international law in order to find out the relevance of their repatriation. It provides a legal framework of analysis on how the state conducts dealing with these complex emergencies abroad on state protection to its own nation abroad. The clarity and robust guidance could reduce complex dilemmas for the governments in managing this repatriation. While some call for imprisonment or even elimination, repatriation highlights the crucial role of reintegration and rehabilitation programs. It underscores the legal responsibilities of states under international law, advocating for the protection of human rights while maintaining national public safety conducted by diplomatic and consular agents
Menimbang Prospek Komunikasi Individual HAM: Politik Hukum dan Implikasi Potensial Bagi Indonesia Ashri, Abdul Munif; Triyana, Heribertus Jaka
Jurnal HAM Vol 15, No 3 (2024): December Edition
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2024.15.169-186

Abstract

The individual communications procedure is a vital mechanism in international human rights law that enables victims to seek remedies when domestic legal venues have been exhausted or failed to deliver justice. Although Indonesia has acceded to almost all core international human rights treaties, its individual communications procedures have yet to be accepted. This study investigates the Indonesian Government’s human rights legal policy toward individual communications procedures acceptance through the ratification/accession of the ICCPR First Optional Protocol and ICESCR Optional Protocol, as well as analyzes the potential implications of such acceptance. This study utilizes a normative legal methodology coupled with interdisciplinary and conceptual approaches. In addition to analyzing legal materials, interviews were conducted with scholars, NGO activist, victim, and former Commissioner of Indonesia’s National Human Rights Commission to deepen the analysis. The findings reveal the Government’s lack of political will to accept individual communications procedures due to a tendency to avoid adjudicatory human rights accountability mechanisms and the avoidance of possible compliance costs, such as financial, reputational, and political burdens. Furthermore, this study demonstrates that these procedures’ acceptance has potential implications for opening access to justice for victims, providing strategic litigation channels, and facilitating interaction between treaty bodies and the national judiciary regarding the development of interpretations of human rights through judicial dialogue. The Government should consider ratifying/acceding the ICCPR and ICESCR Optional Protocols to strengthen the domestic human rights protection infrastructure and enhance its reputation as a promoter of human rights.
Academic research as an optional final assignment: Legal analysis and educational consequences Amrullah, Muhammad Karim; Triyana, Heribertus Jaka
Jurnal Cakrawala Pendidikan Vol. 44 No. 1 (2025): Cakrawala Pendidikan (February 2025)
Publisher : LPMPP Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21831/cp.v44i1.75901

Abstract

This article aims to evaluate the concept and implementation of government policy, making academic writing a mandatory final assignment option for students. The evaluation focuses on related laws and regulations, especially the Ministerial Regulation issued by the government since 2023. Therefore, this study is relevant by describing the policy, which has been in effect for almost a year. The policy is within the authority of the central government and relevant ministers. Apart from that, the policy is in line with one of the principles of higher education in an effort to keep up with changes and developments over time. However, some provisions are not in sync with the Ministerial Regulation, which forms the legal basis for implementing the policy. Apart from that, the policy deviates from the concept of education and higher education and existing laws and regulations which regulate education and higher education. This research is normative research from a legal perspective and covers the field of education. This research technique was carried out by means of a literature review, which analysed regulations, theories, and expert opinions from a legal and educational perspective.
Kepatuhan Hukum Indonesia terhadap Pelaksanaan Chemical Weapons Convention dalam Memitigasi Ancaman Terorisme Berbasis Senjata Kimia Jaka Triyana, Heribertus; Prasetiyo, Putri Widhyastiti
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 3 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i03.p09

Abstract

This research aims to critically examine the institutionalization of the Chemical Weapons Convention (the Convention) particularly for its effective implementation, coordination, and procedure among institutions since Indonesia ratified in 1998. It has significance since Indonesia is very prone to imminent threats of chemical terrorism attacks due to its geographical features, openness of information technology, and religious sentiments. This research is conducted by normative legal research revealing secondary data on who have authorities and how they carry out legal obligations determined by the Convention in Indonesia in terms of institutionalization, coordination, preventive procedures, and punishment. In this regard, clarity and robust institutionalization as mandated by the Convention are two determining elements perceived as peremptory norms that should be observed. It reveals that national institutionalization needs to be improved by increasing public participation in order to know who are the leading ministries and institutions to detect, protect and anticipate chemical terrorism in Indonesia as well as legitimate aims, authorities, and allocation of available resources. At the same time, the public shall be disseminated by relevant information regarding policies, programs, and actions on how they react to chemical terrorism threats in order to mitigate risks and lack of resources once they deal with such imminent threats.
Relevance of the Remedial Secession Theory for Indonesia's Territorial Integrity Triyana, Heribertus Jaka
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article aims to analyse the remedial secession theory in international law relevant to the current international armed conflict between Russia and Ukraine waged by Russia’s recognition of Donbask and Luhansk independence. It might have legal as well as political impacts on the territorial integrity of a sovereign State such as Indonesia where human rights violations in Papua have become problematic. The analysis in this paper is mainly construed using the paradigm of customary international law as the primary source of international law to find out the relevance of the remedial secession theory in terms of its area, scope, and institutionalization. It provides a framework of analysis on how the state provides elements of legitimate expectation and authority: justification and legitimacy over unclear and/or public discourse on the application of remedial secession theory. This article reveals that remedial secession theory has been practiced under the legal notion of the right of self-determination beyond the decolonization context with certain cumulative requirements, such as the factual existence of gross violations of human rights, last resort, and recognition from the mother country and/or other countries. Secondly, it has relevance for the territorial integrity of a sovereign country since it supports changing the paradigm of international from state sovereignty to sovereignty as responsibility. In this regard, the sovereign state is under an international obligation to respect and protect its own nationals since gross human rights violations committed by the state have been accepted as threats to international peace and security.
Mitigating Skepticism and Ignorance on the Environmental Protection During Armed Conflict at Sea Within the Legal Systems of Indonesia and Timor Leste Triyana, Heribertus Jaka; Monteiro, Seguito; Pramesti, Alexandra Mayla
Jambe Law Journal Vol. 9 No. 1 (2026): (In progress)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zcxewp07

Abstract

Marine environmental protection during armed conflict has become a matter of international public concern as escalating tensions among states at sea have caused significant damage to the marine environment. In practice, ambiguity and legal lacunae concerning the applicability of existing rules and regulations governing war at sea have weakened marine environment protection. The superfluous use of weapons, naval platforms, and radioactive substances has increased the attention given by Indonesia and the Democratic Republic of Timor-Leste. This research constitutes normative legal research since the analysis is mainly constructed through scrutiny of state conduct in complying with the law on naval warfare enshrined at the 1949 Geneva Conventions as well as in the San Remo Manual to avoid skepticism and avoidance for their national implementation. It focuses on proportionality, military objectives, and distinctive modes between combatant status at sea and the marine environment as a protected object during armed conflict. Consequently, the applicable rules and regulations provide legal frameworks for analyzing state conduct in addressing the imminent threat of marine environmental damage during armed conflict at sea, an issue to which Indonesia and the Democratic Republic of Timor-Leste are also attentive. This article reveals that clear and robust guidance concerning certain rights and obligations among combatants as well as parties to armed conflict at sea should be derived from principles of international law, including those found in the United Nations Conventions on the Law of the Sea, particularly the principle of due regard, in order to enhance state capacity to control and monitor their conducts. At the same time, the institutionalization of national rules and regulations should be established in practical terms to minimize potential marine destruction within the legal systems of Indonesia and Timor-Leste
Co-Authors Ashri, Abdul Munif Endah Rantau Itasari, Endah Harjono, Novita Putri Mcdermott, Ronan Monteiro, Seguito Mr. Aminoto Muhammad Karim Amrullah Pramesti, Alexandra Mayla Prasetiyo, Putri Widhyastiti Richo Andi Wibowo Richo Andi Wibowo