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All Journal Jurnal Ilmiah Hukum LEGALITY Widya Yuridika Jurnal Ilmu Hukum The Juris Awang Long Law Review Jurnal Ilmiah Publika Journal of Law, Environmental and Justice
Iin Karita Sakharina
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Arts Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KONVENSI HAK ANAK SEBAGAI INSTRUMEN PENANGANAN ANAK-ANAK KORBAN KEKERASAN DAN EKSPLOITASI Sakharina, Iin Karita; Noor, S M; Hendrapati, Marcel; Daud, Aidir Amin; Magassing, Abdul Maasba; Kadarudin, Kadarudin
The Juris Vol 2 No 2 (2018): JURNAL ILMU HUKUM : THE JURIS
Publisher : STIH Awang Long Samarinda

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Abstract

Children as entrusted by God must be guarded and given protection from all kinds of crimes that can happen anytime and anywhere. As a form of concern for the international community, several international legal instruments are made both in the form of declarations and conventions which basically regulate the types of children's rights that must be protected by anyone, as well as forms of crimes against children's rights. International instruments on the protection of children's rights as set out in United Nations Resolution No. 44/25 dated November 20, 1989 concerning the Convention on the Rights of the Child.
The role of the United Nations in protecting the right to development in occupied Palestine Alasttal, Abdelrahman; Magassing, Abdul Maasba; Maskun, Maskun; Sakharina, Iin Karita
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.25836

Abstract

Talking about human rights in the absence of development is nonsense. Therefore, Palestinian human rights are deficient due to the disruption of development in the occupied Palestinian territories. The purpose of this study is principally to analyze the obstacles to the development process in Palestine, examine the scope of the role of the United Nations in supporting development in Palestine under Israeli occupation, and compare that with its role in Rakhine. The methodology refers to a comparative analytical study and a statutory and conceptual approach, revealing that the existence of the Israeli occupation is considered the main obstacle to development in Palestine; and the role of the United Nations has been ineffective to date in ending this occupation; therefore, the role of the United Nations in protecting the Palestinians' right to development is very limited, as the realization of the right to development is linked to the realization of the right to self-determination for the Palestinian people. Development requires the unification of regions and the optimal exploitation of natural resources, but this is not possible in Palestine because of the policies of the Israeli occupation in building settlements, imposing a complete blockade on the Gaza Strip and separating it from the West Bank, and dividing the West Bank into areas of influence, as well as imposing complete control over the natural resources and preventing the Palestinians from benefiting from them, with the aim of keeping the Palestinian economy weak and under Israeli control, thereby keeping the Palestinian decision under the influence of Israel. In conclusion, the role of the United Nations is ineffective in supporting development in Palestine and Rakhine, due to the inability of the Security Council to take any effective action due to the disagreement of the permanent members.
Penyederhanaan Proses Legalisasi Apostille Astuti B, Isma Widya; Sakharina, Iin Karita; Aswan, Muhammad
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4646

Abstract

This study aims to analyze the role of the apostille as an effort to simplify the stages of the process of legalizing public documents, and to analyze legal certainty for public documents that have been legalized by apostille. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach. The results of the study show that the role of the Apostille as an effort to simplify the stages of the process of legalizing public documents has made it easy for Indonesian citizens to use their public documents abroad. This convenience saves time, costs and is much easier than the conventional legalization of public documents for going abroad, the process of which must go through various parties. Apostille services only need to go through the Ministry of Law and Human Rights as a certified authority. In Indonesia, the Competent Authority appointed and competent to issue Apostille is the Ministry of Law and Human Rights (KumHAM). And then th e legal certainty of public documents that have been legalized Apostille is the guarantee that public documents that have been legalized Apostille will be recognized and accepted by all countries that have ratified the Apostille Convention. This certainly makes it easy for the public to legalize public documents that will be used abroad or vice versa.
Pemanfaatan Cyber Notary Terhadap Digitalisasi Akta Ulang, Andi Dala; Magassing, Abdul Maasba; Sakharina, Iin Karita
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4610

Abstract

This research aims to analyze the use of digitizing authentic deeds by Notaries in Makassar City and to analyze the legal certainty of the principles of agreements between the parties in digitizing authentic deeds by Notaries. This research is empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature study. The data collected was then processed using a qualitative analysis approach. The research results show that the use of digitalization of authentic deeds by Notaries in Makassar City will basically really help the work of Notaries and also the parties, namely it can save time and costs compared to conventionally making authentic deeds. However, because until now there is no legal umbrella and it is considered contradictory, no Notary in Makassar has ever digitized an authentic deed. And then the legal certainty of the principle of agreement between the parties in digitizing an authentic deed by a Notary based on positive law in Indonesia is that it does not have perfect proof like an authentic deed, this is because the digitization of the Notary's deed does not meet the requirements for the authenticity of a deed.
Cyber Notary Dalam Pembuatan Akta Kadir Salmudin, Andi Muhammad; Sakharina, Iin Karita; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4969

Abstract

This study aims to analyze the implementation of cyber notary services in Makassar City and to analyze the inhibiting factors for implementing cyber notary services in making deed in Makassar City. This research is an empirical research type, the location of this research was conducted in Makassar City, South Sulawesi Province.  The results of the study show that the application of cyber notary services to date has not had a notary in Makassar City who has made a notary deed using the cyber notary system because a notary does not have the authority granted by law to make it. The authority granted by UUJN is limited to the authority to certify transaction activities between notaries and appearers, including data collection. But not for the Notary's authority as a whole, namely the preparation of authentic deeds or the making of authentic deeds. The existence of legal implications for the delay in implementing cyber notary services is due to the ambiguity of norms (inconsistency) regarding Article 16 paragraph (1) letter m UUJNP 2014 with Article 15 paragraph (3) UUJNP 2014 which has implications for the implementation of a notary's authority such as the application of cyber notary in making deed authentic. Including the existence of several existing laws, namely: Article 1 paragraph (7) UUJN; Article 16 paragraph (1) letter m UUJN; Article 1868 Civil Code; and Article 5 paragraph (4) of the ITE Law which has legal implications for delays in the implementation of cyber notary services. So that if a notary insists on making an authentic deed in a cyber notary way, it will result in the degradation of the authentic deed into an underhanded deed.
SITUATION AND CONDITIONS OF INTERNATIONAL REFUGEES IN THE PANDEMIC OF COVID-19 (LAW REVIEW OF INTERNATIONAL REFUGEES) SAKHARINA, IIN KARITA
Awang Long Law Review Vol. 2 No. 2 (2020): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (280.527 KB) | DOI: 10.56301/awl.v2i2.80

Abstract

Refugees are people who leave their countries and go to other countries to ask for protection. During the Covid-19 pandemic, refugees also became one of the groups affected by the spread of the virus that has claimed many lives almost throughout the country and became a global disaster. Countries that are affected by the spread of this virus are very vulnerable, both susceptible to disease, exposed to the virus are also vulnerable to eviction, especially for a number of countries that apply lockdown. Therefore there needs to be a study that examines the protection and efforts that can be made by countries that are currently accommodating refugees as well as UNHCR as a UN organization that deals with this refugee problem, so that refugees remain protected during this pandemic.
RESPONSIBILITY OF THE WORLD HEALTH ORGANIZATION IN DEALING WITH THE COVID-19 OUTBREAK ACCORDING TO INTERNATIONAL LAW VIYANI ANNISA PERMATASARI; ABDUL MAASBA MAGASSING; IIN KARITA SAKHARINA
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.072 KB)

Abstract

This research aims to analyze WHO's responsibility in overcoming the Covid-19 pandemic according to International Law and analyze the form of international cooperation in overcoming the Covid-19 pandemic. The study uses normative juridical research with statute and case approaches are used in this paper. The legal research materials are international conventions, legal literature, international and national law journals, and legal research materials from the internet. The results showed that WHO in the pandemic era was morally responsible. Through the socialization of health protocols by international standards, campaigning for a healthy lifestyle, good sanitation, and distribution of vaccines. The distribution of vaccines has not been amply enjoyed evenly, especially in developing countries. Some countries are affected by inequality in distributing vaccines by developed countries. Thus, international cooperation between states or a state and World Health Organization (WHO) has not achieved vaccination equality. One country that should be responsible for the losses to countries around the world is Tiongkok, as the origin of the pandemic Covid-19. According to the principles of international law, a sovereign state cannot be put on trial by another state with the same status. Furthermore, the responsibility that can hold for Tiongkok is in the form of an apology statement to the international community and conducting an in-depth investigation of the origin of the Coronavirus first appeared.
UPAYA PEMERINTAH INDONESIA DALAM MEMBERANTAS KEJAHATAN NARKOTIKA SEBAGAI KEJAHATAN TRANSNASIONAL P. Nalole, Ekho Jamaluddin; Judhariksawan, Judhariksawan; Sakharina, Iin Karita
Jurnal Ilmiah Publika Vol 11 No 1 (2023): Jurnal Ilmiah Publika
Publisher : Faculty of Social and Political Sciences, Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/publika.v11i1.8220

Abstract

Tujuan penelitian ini adalah untuk menganalisis upaya kerjasama internasional dalam pemberantasan kejahatan narkotika sebagai kejahatan transnasional. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Bahan hukum yang digunakan adalah bahan hukum primer dan bahan hukum sekunder yang diperoleh melalui studi kepustakaan. Bahan hukum yang terkumpul kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa sejalan dengan cita-cita bangsa dan komitmen Pemerintah dan rakyat untuk senantiasa aktif mengambil bagian dalam setiap usaha memberantas penyalahgunaan dan peredaran gelap narkotika dan psikotropika, Indonesia memandang perlu meratifikasi United Nations Convention Against Illicit Praffic in Narcotic Drugs and Psychotropic Substances, 1988 (Konvensi Perserikatan Bangsa-Bangsa tentang Pemberantasan Peredaran Gelap narkotika dan Psikotropika, 1988) dengan Undang-undang. Undang-undang ini akan memberikan landasan hukum yang lebih kuat untuk mengambil langkah-langkah dalam uapaya mencegah dan memeberantas penyalahgunaan dan peredaran gelap narkotika dan psikotropika diwilayah kedaulatan Negara Kesatuan Republik Indonesia.
Victims of Crime and Environmental Pollution in Indonesia: The Right to Restitution and Legal Inadequacies Andi Sundari; Irwansyah, Irwansyah; Iin Karita Sakharina; Muhammad Irwan; Inamovich, Rasulov Ilkhom
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.178

Abstract

The implementation of the right to restitution for victims of environmental crimes in Indonesia has shifted to bureaucratic compensation, which weakens the polluter pays principle related to social accountability for impacts. This research aims to clarify how regulation and law enforcement relate to the right of victims of environmental crimes to restitution, utilizing the concept of restorative justice grounded in social ecology. This research is normative, employing a comparative study approach with Germany, Austria, Switzerland, and China to draft ideal recommendations for the implementation of the right to restitution. This research shows, first, that although Law No. 32/2009, Government Regulation No. 22/2021, and Supreme Court Regulation No. 1/2022 affirm the right to a healthy environment and the obligation to provide restitution, the mechanism for victims of environmental crimes is not yet clear, necessitating legal strengthening for adequate restoration. Second, a comparison of Germany, Austria, Switzerland, and China shows that Indonesia needs to emphasize restitution mechanisms for victims of environmental crimes through clear regulations oriented towards socio-ecological restoration. Third, the right to restitution for victims of environmental crimes in Indonesia, which is guaranteed by the Constitution and the Human Rights Law, is still weak in implementation, so it is necessary to strengthen the polluter pays principle, differentiate between restitution and compensation, and adopt comparative practices from Germany, Austria, Switzerland, and China so that socio-ecological restoration is more effective
Co-Authors Abdul Maasba Magassing Alasttal, Abdelrahman Andi Sundari Astuti B, Isma Widya Daud, Aidir Amin Inamovich, Rasulov Ilkhom Irwansyah Irwansyah Judhariksawan, Judhariksawan Kadarudin, Kadarudin Kadir Salmudin, Andi Muhammad Marcel Hendrapati Maskun Muhammad Aswan Muhammad Ilham Arisaputra, Muhammad Ilham Muhammad Irwan Noor, S M P. Nalole, Ekho Jamaluddin Ulang, Andi Dala VIYANI ANNISA PERMATASARI