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Journal : Jambe Law Journal

Legal Protection of Cultural Objects in the Armed Conflict Akbar Kurnia Putra; Bernard Sipahutar; Vrandza Iswenanda; Sulhi Muhammad Daud
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.37 KB) | DOI: 10.22437/jlj.2.1.79-97

Abstract

This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conflict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conflicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conflicts.
Collaborative Governance in Building Utilization Cultural Heritage in Metro City Through the Lens of a Socio-Legal Regime Denny Sanjaya; Bambang Suhada; Bernard Sipahutar; Andrie W Setiawan
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.191-210

Abstract

The paradigm of the utilization of cultural heritage is aimed at the welfare of the community. Metro City of Lampung has buildings for cultural heritage from colonization era which are in need with optimum participation of various stakeholders to keep the cultural heritage existence to improve the welfare of the people. The artcle analysis the implementation of collaborative governance in the utilization of cultural heritage buildings in Metro City and ways to encourage strengthening collaboration within the framework of regional regulations in the utilization. Uses a socio-legal approach, it adresses the implementation of collaborative governance offered by Ansel and Gash (2007) with regards to conditions, institutional design, leadership, and collaborative process. Despite a local research in origin, the topic addressed in this article may have wider impact to national level in Indonesia. It is demonstrated that the use of collaborative governance through the concept of gotong-royong (mutual help) has proven to have an impact on the growth of various initiatives and public participation in the development of cultural heritage in Metro City. In addition, to strengthen collaborative governance, the presence of regional regulations related to The Preservation of Cultural Heritage is expected for the process of collaboration among stakeholders.