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All Journal Uti Possidetis: Journal of International Law Indonesian Journal of International Law Student Journal of International Law
Nellyana Roesa
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The ASEAN Agreement on Trans-boundary Pollution in Relation with Indonesian Haze, Compliance in Theory and Practice Roesa, Nellyana
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1406.925 KB)

Abstract

The trans-boundary pollution has become a major issue within the Association of Southeast Asian Nations (ASEAN) when the forest fi res took place in Indonesia. Indonesia’s neighboring countries had to face problems dealing with the smoke and haze that spread into their territories. ASEAN Member States’ attempts to combat the smoke and haze problem depicted on Agreement on Trans-boundary Haze Pollution (Haze Agreement), which up to now Indonesia has been the only State that has not ratified the agreement. The reluctance of Indonesia to ratify the agreement becomes a problem to the enforcement. It is contrary to the argument that the ratification is believed to bring some benefits for Indonesia from transfer of knowledge and technology and also from research. While Haze Agreement requires cooperation among ASEAN Member States to reach the objectives of the agreement, the cooperation itself is not limited to the participation of the whole members at the same time, but also possible to conduct such cooperation in form of bilateral effort or other kind of accepted by the parties. With some flexibilities offered by the Haze Agreement, the effectiveness of the agreement does not rely only on the commitment shown by the ratification of ASEAN Member States to the agreement, but also relies on the level compliance that shown by their effort to combat the possibility of upcoming trans-boundary pollution matters within the region.
EVALUATING THE IMPACT OF THE 2015 PARIS AGREEMENT ON CARBON EMISSION REDUCTIONS: A CASE STUDY OF PT. SOLUSI BANGUN ANDALAS Hasz, Muhammad Ofans; Roesa, Nellyana
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.22119

Abstract

This article examines the critical role of corporate social responsibility (CSR) in mitigating carbon emissions within the framework of international law, with a focused case study on PT. Solusi Bangun Andalas (SBA). The research aims to identify the carbon emission reduction initiatives undertaken by SBA as part of its CSR commitments. To achieve this, the study employs a mixed-methods approach, incorporating primary data collected through field research, including interviews with key stakeholders and direct observations, alongside an extensive review of legal literature, regulations, and theoretical frameworks as secondary sources. The findings highlight that the Paris Agreement serves as a pivotal instrument for global climate action, offering a structured approach to addressing climate change by establishing a steadfast goal of limiting global temperature rise to well below 2 degrees Celsius. This international accord not only sets the stage for coordinated efforts to curb carbon emissions but also underscores the responsibility of corporations like SBA in contributing to these global objectives. The implementation of effective carbon reduction strategies aligns with Indonesia's commitment to enhancing its environmental sustainability and fulfilling its international obligations. Ultimately, this study contributes to the broader discourse on the significance of corporate responsibility in fostering environmental stewardship and emphasizes the imperative for businesses to adopt sustainable practices in their operations, ensuring that economic growth does not come at the expense of the planet's health
THE OBLIGATION OF PARIS AGREEMENT 2015 IN REDUCING CARBON EMISSIONS (A CASE STUDY IN PT. SOLUSI BANGUN ANDALAS) Hasz, M. Ofans; Roesa, Nellyana
Student Journal of International Law Vol 2, No 2: December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23669

Abstract

This paper aims to find out the roles of corporate responsibility in reducing carbon emissions under international law, and to find out the carbon emission reduction programs carried out by PT. Solusi Bangun Andalas (SBA) as a form of corporate responsibility. This paper uses primary data obtained in field in the form of interviews with respondents and informants, observations, and combines legal materials such as textbooks, theories, laws and regulations which become secondary data. The results found that the Paris Agreement is one of the most likely solutions in the future in terms of order to deal with the impact of climate change, especially in terms of reducing carbon emissions due to the firmness of including to hold global temperatures below 2 degrees Celsius, and also to overcome the increase in carbon emissions.
Non-Refoulement Through Local Wisdom: Indonesia’s International Legal Compliance as a Non-Ratifying State in Handling Rohingya Refugees in Aceh Mahfud, Mahfud; Roesa, Nellyana; Rosmawati, Rosmawati; Listriani , Sophia; Zaidi Daud , Mohd
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.54074

Abstract

Abstract Background: The legal issue of handling Rohingya refugees in Indonesia arises from the gap between the official state policy of rejecting the presence of Rohingya refugees, citing their non-ratification of the convention, and Aceh's social empathy for Rohingya refugees. Aceh's social acceptance and concern for Rohingya refugees stem from Acehnese local wisdom known as "Peumulia jamee" and the seafaring custom of "Panglima Laot." Aceh's social values ​​are equated with the principle of non-refoulement in international refugee law. This principle is part of the theory of substitute protection, the concept of well-founded fear, and the theory of shared burden in handling international refugees. Methodology The method used in this research is normative legal research, using a legislative approach, principles, concepts, and related theories. This study aims to analyze how Indonesia handles Rohingya international refugees as a Non-Participating State of the Legal Regime of the 1951 Convention on the Status of Refugees and the 1967 Protocol and how the synergy between Indonesia's national policies and Aceh's local wisdom and Indonesia's official legal policies as a Non-Participating State. Objectives: This segment outlines the key goals of the research. The author should specify the intended outcomes and the research questions that guided the study.  Findings: The research results show that a number of approaches have been taken by Indonesia to handle Rohingya refugees, in the form of unifying the international mandate regarding the handling of Rohingya refugees in Indonesia. Originality/Novelty: A more local approach oriented toward redefining the concept of Laot Customary Law (Pemulia Jamee), particularly the concept of "Pemulia Jamee," is due to the vastly different dimensions and jurisdictional scope of customary and state law, which are cross-border in nature. Indonesia must also continue to advocate for the plight of Rohingya refugees at international levels, such as the UN and ASEAN, through humanitarian diplomacy, resolving the root causes of the conflict in Myanmar, and urging the international community to share the burden.
Co-Authors Hasz, M. Ofans Hasz, Muhammad Ofans Listriani , Sophia Mahfud Mahfud Rosmawati Rosmawati Zaidi Daud , Mohd