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Prinsip Non-Diskriminasi dalam Penerapannya pada Peraturan Bank Indonesia tentang Gerbang Pembayaran Nasional Puja Dwi Ananda; Ramlan Ramlan
Uti Possidetis: Journal of International Law Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i1.8434

This study aims to determine and analyzes the arrangement of non-discrimination principles based on GATs and its implementation in Indonesia from the regulation on the National Payment Gateway. The research method used in this article is a normative legal research by using historical, statutory and case approaches. The research shows that the regulation regarding the principle of non-discrimination is set in the Article II of GATs on the principle of Most Favoured Nation and Article XVII of GATs on the principle of national treatment. The non-discrimination principle states that a country must not be treated differently from other countries that are members of the GATs-WTO as stated in the Schedules of Specific Commitments. Indonesia issues regulations regarding the National Payment Gateway where several articles in the regulation differ from the commitments registered and restrict market access from other countries' services.

Penerapan Prinsip Self Determination terhadap Pembentukan Negara Kosovo Ditinjau dari Perspektif Hukum Internasional Yogi Dwi Saputra; Ramlan Ramlan
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i2.9867

The state is a continuation of the human desire to interact with each other to complete all the necessities of life. The wider the interpersonal relationship, the greater the need, the greater the need for a state that protects and sustains his life. On February 17, 2008, the Kosovo parliament proclaimed Kosovo an independent state, leaving Serbia at a parliamentary session attended by 109 members. Previously Kosovo was a province under Serbian rule with an ethnic Albanian majority. The purpose of this research is to find out how international law is regulated regarding the formation of a state using the right to self-determination and what is the importance of recognition in the formation of a country. The research method used is a normative juridical research type. The results showed that the right to self-determination has been recognized as a human right in international law. With this right, every country can determine its political status and freely pursue economic, social and cultural development. However, in international law, self-determination is a type of independence that aims to free oneself from colonialism and foreign powers / powers. Regarding the issue of recognition, it is difficult to separate clearly between political and legal elements because the process of granting and refusing recognition by the state is usually influenced by political factors, while the result is legal binding. The definition or elements of the state is contained in the Montevideo Convention 1933, where recognition is a declarative element and if all constitutive elements have been fulfilled by the political community, then automatically it has become a State and must be treated as such by other States.

Perlindungan Terumbu Karang Menurut UNCLOS 1982 (Studi Kasus Kerusakan Terumbu Karang oleh Kapal Pesiar M.V. Caledonian Sky di Raja Ampat) Maretta Trimirza; Ramlan Ramlan; Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.10912

Coral reefs and all the life contained in them are one of the most valuable natural assets. Various damages done by humans have caused damage to the ecosystem that marine resources are reduced. The case of the collision by the cruise ship M.V. Caledonian Sky in Raja Ampat is causing damage to coral reefs, it needs protection and responsibility. This study aims to: First, identify and analyze how the protection of the marine environment against coral reefs is caused by the M.V. Cruise Ship. Caledonian Sky based on international law and national law. Second, knowing and analyzing how the M.V. Caledonian Sky for damage to coral reefs based on UNCLOS 1982 and national laws. The research method used is normative juridical research, by examining document studies using a variety of secondary data or library materials. The results of this study are First, protection of the marine environment against damage to coral reefs by the M.V. cruise ship. Caledonian Sky according to international law in accordance with UNCLOS 1982 article 194 paragraphs (1) and (2) concerning measures to prevent, reduce and control pollution of the marine environment. According to national laws protecting the marine environment against damage to coral reefs by the cruise ship M.V. Caledonian Sky is regulated in laws concerning the protection of the marine environment and applies in Indonesia. Second, Cruise Ship Legal Liability M.V. Caledonian Sky for Damage to Coral Reefs according to international law is regulated in UNCLOS 1982 Article 193 concerning the sovereign rights of the State to exploit its natural resources and Article 235 concerning responsibility and compensation obligations. According to national law, it is stipulated in laws concerning accountability and applies in Indonesia. Third, the London-based Noble Calidonia Company has acknowledged responsibility for this case. To prevent the occurrence by Caledonian Sky cruises, Indonesia must establish signs for certain areas to be used as shipping activities. Second, in upholding national law and international law in the supervision of marine waters in Indonesia, the government of the Republic of Indonesia must affirm and apply existing laws correctly and clearly in order to become a deterrent effect for ship operators and ship captains to prevent this kind of happening again in Indonesian marine. Third, in resolving cases of damage to coral reefs, Law Number 32 of 2009 concerning Environmental Protection and Management, Article 87 paragraphs (1) and (2) can be used.

Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia Rizza Ayu S; Ramlan Ramlan; Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.12334

The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.

Pemaksaan Perkawinan Berkedok Tradisi Budaya: Bagaimana Implementasi CEDAW terhadap Hukum Nasional dalam Melindungi Hak-Hak Perempuan dalam Perkawinan? Junita Fanny Nainggolan; Ramlan Ramlan; Rahayu Repindowaty Harahap
Uti Possidetis: Journal of International Law Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i1.15452

This article discusses the implementation of CEDAW into national law to protect women’s rights in marriage. Even though the convention has been ratified for decades, in social life, women are still often discriminated against. One form of discrimination in Indonesia is still a patriarchal culture that develops in society. The patriarchy that dominates the culture of society creates sexism and gender inequality that affects many aspects of human activity, one of which is the issue of marriage. In Indonesia, there are still many marriages that occur Indonesia because of forced marriages. Moreover, it is carried out under the guise of a tradition that has experienced a shift in cultural values. The choice to marry and with whom is closely related to self-determination which has been recognized in the CEDAW Convention. The results of this study indicate that in the CEDAW Convention, everyone has the same right to marry, regardless of the gender and gender of the person. However, in its implementation into national law, its implementation is still discriminatory and not yet integrated.

Penggunaan Hewan dalam Konflik Bersenjata: Kajian Hukum Humaniter Internasional Akbar Kurnia Putra; Eunike Trisnawati; Retno Kusniati; Bernard Sipahutar; Ramlan Ramlan
Undang: Jurnal Hukum Vol 5 No 1 (2022)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/ujh.5.1.207-230

This article discusses the importance of regulating the use of animals in armed conflict considering the uncontrolled use of animals can threaten the lives of humans and animals themselves by determining certain limits that are allowed in war. The use of animals in war demonstrates human limitations and human dependence on other species. International humanitarian law focuses solely on the protection of humans and ignores the issue of how animals join the army in war and can be targeted by the military. In fact, animals are additional actors who contribute to the disputes of mankind today. Although military technology continues to develop with sophisticated equipment, it is undeniable that some of these special abilities can only be possessed by certain species. In essence, humanitarian law regulates two main points, namely regarding the means and methods of warfare (means and methods of warfare). Therefore, the interest of animals to be free from pain and suffering must be recognized as a value in the legal system, where there is a need for consideration of animal welfare and relevant interpretations to develop norms in other ways that refer to situations where suffering is a legal form of animal exploitation. Abstrak Artikel ini membahas mengenai pentingnya pengaturan penggunaan hewan dalam konflik bersenjata mengingat penggunaan hewan yang tidak terkendali dapat mengancam kehidupan manusia dan hewan itu sendiri dengan cara menentukan batas-batas tertentu yang diperbolehkan dalam perang. Penggunaan hewan dalam perang menunjukkan adanya keterbatasan manusia dan ketergantungan manusia pada spesies lain. Hukum humaniter internasional hanya berfokus pada perlindungan manusia dan mengabaikan isu tentang bagaimana hewan ikut serta menjadi prajurit dalam perang serta dapat dijadikan sasaran militer. Padahal, hewan merupakan aktor tambahan yang turut andil dalam sengketa umat manusia dewasa ini. Meskipun teknologi militer terus berkembang dengan peralatan canggih, tidak dimungkiri bahwa beberapa kemampuan khusus tersebut hanya dapat dimiliki oleh spesies tertentu. Pada hakikatnya hukum humaniter mengatur mengenai dua pokok, yakni mengenai alat dan cara atau metode berperang (means and methods of warfare). Oleh karena itu, kepentingan hewan untuk terbebas dari rasa sakit dan penderitaan harus diakui sebagai nilai dalam sistem hukum, di mana perlunya pertimbangan terhadap kesejahteraan hewan dan penafsiran yang relevan untuk mengembangkan norma-norma dengan cara lain yang merujuk pada situasi-situasi di mana penderitaan merupakan bentuk yang sah dari eksploitasi hewan.

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