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All Journal Masalah-Masalah Hukum Lentera Hukum terAs Law Review: Jurnal Hukum Humaniter dan HAM Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Amalia Zuhra
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGALITAS WILAYAH TERITORIAL AUSTRALIA DI BENUA ANTARTIKA DALAM PENANGKAPAN IKAN PAUS DI AUSTRALIAN ANTARCTIC TERRITORY BERDASARKAN UNCLOS 1982 : Legality Of Australian Territory In The Antarctic Continent In Whaling The Australian Antarctic Territory Based On UNCLOS 1982 Harris Novyar Rages; Amalia Zuhra
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19170

Abstract

Japan through the JARPA program (Japanese Whale Research Program under Special Permit in the Antarctic) from 1987-2005 applied for a special permit to conduct whaling to the International Whaling Commission (IWC). In 2005 Japan resumed the JARPA program through the Second Phase of the Japanese Whaling Research Program under Special Permit in the Antarctic (JARPA II) policy. Related to this, the problem formulation of this article is: Is the territorial area owned by Australia on the Antarctic continent in accordance with the 1959 Antarctic Treaty? Then, how is the implementation of the principle of common heritage of mankind by Australia in the case of JARPA II? The type of research used in writing this article is normative juridical and the data used is secondary data, and the way of drawing conclusions in this research is done deductively. The Results of this research is that the claim owned by Australia in the AAT is valid, because based on its history, Australia already owned the area long before the ratification of the 1959 Antarctic Treaty. Furthermore, the conclusion is the country has actively sought to protect and promote the sustainability of natural resources in the AAT.
DAMPAK PENARIKAN DIRI AMERIKA SERIKAT DARI PARIS AGREEMENT 2015 TERHADAP PENDANAAN KELOMPOK LEAST DEVELOPED COUNTRIES: The Impact of the United States’ Withdrawal from the Paris Agreement 2015 on Funding for the Least Developed Countries Herawati Dwicahyani; Amalia Zuhra
Reformasi Hukum Trisakti Vol 8 No 1 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25150

Abstract

The United States' withdrawal from the 2015 Paris Agreement, under Donald Trump's administration, for the second time has caused uncertainty for global climate governance, particularly in relation to funding for the Least Developed Countries (LDCs). The research questions are: what factors caused the United States to withdraw from the 2015 Paris Agreement, and what impact did the United States' withdrawal from the 2015 Paris Agreement have on the climate funding scheme for LDCs? The research method employed is a normative juridical and descriptive analytical approach, utilizing secondary data, and the data are analyzed qualitatively. The results of the discussion and conclusions show that the United States is one of the largest contributors to the Green Climate Fund (GCF) and a key actor in climate finance negotiations, having a strategic process for the sustainability of mitigation and adaptation projects in LDCs. The uncertainty of the United States' commitment, both due to its withdrawal from this agreement and the lack of an explicit statement regarding its contribution within the framework of the New Collective Quantified Goal on climate finance (NCQG), will have implications for increased funding risks and hamper energy transition efforts and the strengthening of climate adaptation capacity in LDCs.
AKTIVITAS WHALING OLEH JEPANG DI KAWASANANTARTIKA BERDASARKAN INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING (ICRW) 1946: Whaling Activities by Japan in the Antartic Region based on theInternational Convention for the Regulation of Whaling (ICRW) 1946 Dwinanda Audrey; Amalia Zuhra
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24959

Abstract

The International Convention for the Regulation of Whaling (ICRW) 1946 was established to protect whale populations. Although Japan is a party to the convention, its whaling—originally a cultural practice—has developed into a commercial activity supported by modern technology, with operations expanding into the Antarctic region. This study examines whether Japan’s activities in the Antarctic comply with the ICRW 1946 and how state responsibility should be applied. Using normative legal research with a descriptive-analytical approach and deductive reasoning, the study finds that Japan’s whaling programs, particularly JARPA and JARPA II, violate the provisions of the ICRW because they do not meet the criteria for legitimate scientific research. Consequently, Japan bears responsibility in the form of strict liability, requiring proof of negligence in natural resource management and compensation through restitution.
Co-Authors Arlina Permanasari Cena Lucia Uli Crisdayanti Sutanto Dwinanda Audrey Erprido Goklas Eugine Vine Okteriani Fiona Fatianisa Gisca Nurannisa Harris Novyar Rages Herawati Dwicahyani Idris, Siti Hafsyah Irfanto Norchamahdi Muhammad Fikri Ridwansyah Nasywaan, Muhammad Falih