Heribertus Jaka Triyana
Faculty Of Law, Universitas Gadjah Mada, Indonesia

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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
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

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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): 2026
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
LEGAL ANALYSIS OF NO QUID PRO QUO PRINCIPLE IN SPONSORSHIP FOR INDONESIAN HEALTHCARE PROFESSIONALS Himawati, Hetsa; Triyana, Heribertus Jaka
TANJUNGPURA LAW JOURNAL Vol. 10 No. 2 (2026): VOLUME 10 NUMBER 2, 2026
Publisher : Faculty of Law, Universitas Tanjungpura

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Abstract

Abstract   The Minister of Health Regulation (Permenkes) No. 58/2016 regulates the provision of sponsorship from industry to healthcare professionals to enhance competencies and the quality of health services. In practice, however, sponsorship may compromise the independence of clinical decision-making, particularly in prescribing products manufactured or marketed by the sponsoring company. This article assesses the extent to which Permenkes 58/2016 reflects the principles of justice and utility and examines the adoption of the no quid pro quo doctrine as an ethical constraint for safeguarding professional independence and preventing conflicts of interest in the governance of sponsorship. It complements prior research which predominantly examined sponsorship from the perspectives of gratuities and professional ethics. This study employs a normative juridical method through a review of legislation, legal principles, doctrine, and professional ethics frameworks, accompanied by a systematic analysis of the relationships among healthcare professionals, institutions, and industry. The findings indicate that Permenkes 58/2016 incorporates the principle of justice from the perspective of fair equality of opportunity. Nevertheless, distributive and corrective justice remain incomplete due to the absence of objective selection mechanisms, equitable allocation procedures, and clear limits on sponsorship, as well as the lack of sanctions for healthcare institutions and industry actors. Utility is acknowledged in a utilitarian orientation, but benefits remain concentrated at the individual level and are not sufficiently directed toward broader health-system strengthening. Although no quid pro quo is recognized normatively, it is not supported by a comprehensive conflict-of-interest governance framework, as reflected in PP 28/2024, Permenkes 24/2019, the Government Administration Law, and anti-corruption law. Accordingly, Permenkes 58/2016 should be reformed by ensuring transparent access to sponsorship based on objective selection criteria, defining clear limits and eligibility criteria for sponsorship funding, extending sanctions to all stakeholders, strengthening mechanisms for conflict-of-interest declaration and mitigation, and reorienting sponsorship to support a sustainable healthcare system. Abstrak   Permenkes 58/2016 mengatur pemberian sponsorship dari industri kepada tenaga kesehatan untuk meningkatkan kompetensi dan kualitas layanan kesehatan. Namun, dalam praktiknya, sponsorship masih berpotensi memengaruhi independensi pengambilan keputusan medis, terutama dalam peresepan produk-produk yang diproduksi atau dipasarkan oleh industri pemberi sponsorship. Artikel ini bertujuan menilai penerapan asas keadilan dan kemanfaatan dalam Permenkes 58/2016 serta mengkaji adopsi doktrin no quid pro quo sebagai pagar etik guna menjaga independensi tenaga kesehatan agar sponsorship dikelola secara adil, bermanfaat, dan bebas dari konflik kepentingan. Penelitian ini berkontribusi dengan menganalisis sponsorship dalam kerangka asas hukum keadilan dan kemanfaatan serta doktrin no quid pro quo, sehingga melengkapi penelitian terdahulu yang umumnya menelaah sponsorship terutama dari perspektif gratifikasi dan etika profesi. Penelitian ini menggunakan metode yuridis normatif melalui telaah peraturan perundang-undangan, asas-asas hukum, doktrin, kerangka etik profesi, disertai analisis sistematis atas relasi antara tenaga kesehatan, institusi, dan industri. Hasil penelitian menunjukkan bahwa Permenkes 58/2016 telah memuat asas keadilan melalui perspektif fair equality of opportunity. Namun, keadilan distributif dan keadilan korektif belum sepenuhnya terpenuhi karena ketiadaan mekanisme seleksi objektif, prosedur pemerataan, dan batas kewajaran sponsorship, serta belum adanya pengaturan sanksi bagi institusi kesehatan dan industri sebagai aktor dalam skema sponsorship. Asas kemanfaatan telah tercermin dalam pandangan utilitarianisme, tetapi manfaat sponsorship masih dominan pada tingkat individu tenaga kesehatan dan belum diarahkan pada penguatan sistem pelayanan kesehatan secara lebih luas. Prinsip no quid pro quo telah diadopsi secara normatif, namun belum ditopang oleh kerangka tata kelola konflik kepentingan yang komprehensif sebagaimana diatur dalam PP 28/2024, Permenkes 24/2019, UU Administrasi Pemerintahan, dan UU Tipikor. Penyempurnaan Permenkes 58/2016 diperlukan melalui pembukaan akses sponsorship secara transparan dengan kriteria seleksi objektif, penetapan standar kewajaran besaran sponsorship, perluasan sanksi bagi seluruh pemangku kepentingan, penguatan mekanisme deklarasi serta mitigasi konflik kepentingan, serta reorientasi sponsorship agar turut mendukung penguatan sistem pelayanan kesehatan secara berkelanjutan.