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All Journal Masalah-Masalah Hukum Diponegoro Law Review
Rahandy Rizki Prananda
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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THE EFFECTIVENESS OF SPECIAL ARRANGEMENTS AND BASIC AGREEMENTS IN OVERCOMING STATELESSNESS ISSUES AT THE BORDER BETWEEN INDONESIA AND PAPUA NEW GUINEA Pulung Widhi Hananto; Rahandy Rizki Prananda; Ratna Herawati; Irawati Irawati
Masalah-Masalah Hukum Vol 51, No 2 (2022): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.51.2.2022.117-129

Abstract

Differences in perspective on territorial boundaries between local communities with customary rights based on customary law and the definition of territorial boundaries in the context of state administration raises a dilemma, one of which is the potential for statelessness. The existence of ulayat customary land is a factor that affects illegal border crossings. The Governments of the Republic of Indonesia and Papua New Guinea responded to this by entering into basic agreements and special arrangements. This article aims to examine the implementation and effectiveness of special arrangements and basic agreements in dealing with the emergence of statelessness problems. This study uses a statutory and conceptual approach. The results of the study found that the application of rules that were positivistic in nature could not be applied absolutely to residents of the border between Indonesia and Papua New Guinea. The use of red and yellow card policies is only temporary, so a permanent policy is needed to address this issue.
LEGAL CONSIDERATION TOWARDS ECO-TERRORISM AS A NEW FORM OF THE ENVIRONMENTAL LAW CRIME AND TORTS Rahandy Rizki Prananda; Pulung Widhi Hari Hananto; Muhammad Dzaki Ramadhan; Grandson Tamaro Simanjuntak; Haniff Ahamat
Diponegoro Law Review Vol 8, No 2 (2023): Diponegoro Law Review October 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.2.2023.287-300

Abstract

The global climate action movement has gained diverse support, leading to the rise of both activists and extremists. Eco-terrorism has grown significantly and cause property damage and financial losses over two decades ago. This action concern to further environmental protection through destructive actions. However, glorifying any heroic action often leads to unintended consequences, including harm to certain subject’s property right and environmental damage. This study employs qualitative research with comparative approach to investigate the impacts of eco-terrorism and the evolution of laws addressing this issue at both national and international levels. Additionally, this research intent to examine the consequences of eco-terrorism and consider to put it into a novel form of environmental crime and torts. The research found that current international regulations, such as the United Nations World Charter for Nature and the United Nations Convention on the Law of the Sea, which indirectly address eco-terrorism but lack specificity.  several countries use general provision to handle eco-terrorism regarding violation against civil rights. Even though existing rules able to manage some aspect of eco-terrorism, the new form and adaptive law need to be arranged against this issue in future.
Co-Authors Grandson Tamaro Simanjuntak Haniff Ahamat Irawati Irawati Muhammad Dzaki Ramadhan Pulung Widhi Hananto Pulung Widhi Hari Hananto Untung Sri Hardjanto*), Anni Kurniawati Ratna Herawati