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Keberadaan Asas Rebus Sic Stantibus dalam Perjanjian Internasional Harry Purwanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Edisi Khusus, November 2011
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.748 KB) | DOI: 10.22146/jmh.16160

Abstract

This article aims to explore the dynamics of rebus sic stantibus principle in international treaty. How are experts perspective and international law regulate about this principle, and how the implementation of principle in international society. Rebus sic stantibus principle may be invoked as a ground for terminating or withdrawing or suspending the enactment of international treaty.  Tulisan ini menelaah dinamika asas rebus sic stantibus dalam perjanjian internasional. Bagaimana pandangan para ahli terhadap asas ini, bagaimana hukum internasional mengaturnya, dan bagaimana penerapan asas ini dalam kenyataannya di masyarakat internasional. Asas rebus sic stantibus dapat dijadikan sebagai dasar untuk mengakhiri atau menarik diri atau menunda atas berlakunya suatu perjanjian internasional.
Keberadaan Asas Pacta Sunt Servanda dalam Perjanjian Internasional Harry Purwanto
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 21, No 1 (2009)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (367.759 KB) | DOI: 10.22146/jmh.16252

Abstract

The pacta sunt servanda is one of universally recognized legal principles by which its existence has been known. Its mere relevance is related to treaty since this principle determines that agreed stipulations concluded among parties become legally binding and cause rights and duties to be fulfilled in good faith manner. As it is recognized and accepted among parties to the treaty, it becomes integral part of the law of the treaty particularly of the law of international treaty. The preamble and Article 26 of the 1969 Vienna Convention on the Law of Treaty and the 1986 Vienna Convention reiterate its legal existence as the guiding principle to make and to implement international treaty. In the Indonesian legal system, the existence of that principle inspires the formation of Article 1338 of Indonesian Civil Code and of Article 4 (1) the Law Number 24 of 2000. It can be concluded firmly that the existence of the pacta sunt servanda has formed and evolved as a legal system including the international law legal system today.
Politics and International Environmental Law in Global Perspective Atika Sari, Diah Apriani; Triatmodjo, Marsudi; Purwanto, Harry
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.3115

Abstract

Global environmental politics refers to the ways in which politics is practiced in various places to change or protect the environment. This means that global environmental issues and related political activities can occur at local, national, transnational, regional, or international levels, depending on the location, scale, or environmental issues being addressed. This research is normative, by a conceptual approach derived from several approaches of international legal and political theory. Environmental politics also transforms state practices in understanding state sovereignty and the international system. State sovereignty is often cited as a reason that limits the development of a country’s environmental policies. Globalization creates a debate between sovereignty and the influence of national interests in policy-making. Political authority is expressed as sovereignty, making it very challenging to reach agreements on global environmental issues when they conflict with national interests. Nevertheless, global politics offers opportunities for international cooperation in addressing global environmental problems.
Optimalisasi Manajemen Berbasis Sekolah di Era Merdeka Belajar Darmawan, I Putu Ayub; Wenas, Maria Lidya; Kurniawan, Aran Hendri; Purwanto, Harry
Regula Fidei : Jurnal Pendidikan Agama Kristen Vol 7, No 2: September 2022
Publisher : Fakultas Ilmu Keguruan dan Pendidikan, Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/rfidei.v7i2.142

Abstract

The development of the world of education now continues to strive to improve the quality of the implementation of the learning process to produce graduates who can compete in the world of work, and have creativity and critical thinking skills. The government also plays a role in improving the quality of school management through decentralization of education in the form of school-based management and the provision of an independent learning curriculum. The aim of independent learning is the development of superior quality human resources. Therefore, this article aims to answer the question of how to optimize school-based management in the era of independent learning. The purpose of this study is to describe the optimization of school-based management in the era of independent learning. The research method used is a literature study by exploring various data sources and the results of research that has been carried out on school-based management and the independent learning curriculum. The results showed that school-based management supports the process of implementing learning in improving the quality of education in Indonesia. By taking into account the current educational curriculum, freedom of learning, becomes a guideline for managers of educational institutions to produce graduates of superior quality. Two important aspects of school-based management in improving the quality of education are managerial aspects and learning aspects.
Redefining the Air Defence Identification Zone in the Framework of Customary International Law Hadisusilo, Priyo; Riyanto, Sigit; Purwanto, Harry
Yustisia Vol 11, No 1: April 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i1.57891

Abstract

The use of force against other countries is strictly prohibited and has the character of jus cogens. However, this provision is not rigidly applied in the self-defence context codified in the United Nations Charter 1945 Article 51, also in the air defence context through the existence of the Air Defence Identification Zone (ADIZ). This research discusses whether ADIZ embodies the anticipatory efforts in the framework of customary international law. The research results indicate that the determination of ADIZ is not a form of self-defence principle in Article 51, which is the realm of jus ad bellum. Moreover, the conservative self-defence prerequisites in Article 51 are no longer relevant in line with the revolutionary development of aviation and its armament technology. Therefore, ADIZ as a state security practice constitutes a form of anticipatory efforts within the framework of long-standing state practice as customary international law.