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All Journal Yustisia Lentera Hukum Bimbingan dan Konseling Jurnal Dinamika Hukum Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Jurnal Yudisial Uti Possidetis: Journal of International Law Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Unisia VISA: Journal of Vision and Ideas Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies)
Sefriani Sefriani
Faculty Of Law, Universitas Islam Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Tanggung Jawab Perusahaan Transnasional terhadap Pelanggaran HAM dalam Perspektif Hukum Internasional Sefriani Sefriani
Unisia Vol. 30 No. 65 (2007): Jurnal Unisia
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol30.iss65.art7

Abstract

Recognition of Transnational Enterprises (TNEs) as subjects of international law is unclear, and therefore, their responsibilities are also ambiguous. As a consequence, various violations of human rights committed by the TNEs in some developing and least-developed countries, both in the era of World War II and in the era of globalization were left enforceable. Recently, there are some international law instruments imposing obligation directly on the TNEs. Despite being soft laws and having some weaknesses, these instruments can be considered as the international customary laws, having legal binding upon all nations. This article argues that it is urgent to establish a new system of TNEs responsibility, and to learn and compare between individual and state responsibility systems in human rights violations. This is because TNEs are entities that are more than individual persons but less than the State. Keywords: Human rights violation, responsibility, TNEs.
The Dichotomy of Jus Ad Bellum and Jus Ad Bello in the 21st Century: Its Relevance and Reconstruction Sefriani Sefriani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 2 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Classical international law recognizes a rigid, autonomous, and independent dichotomy between jus ad bellum and jus in bello, which can result in the possibility of a just war being carried out illegally or vice versa. The dichotomy is considered a paradox. This study aims to analyze the relevance of the jus ad bellum and jus in bello dichotomy in the 21st century and to offer a more precise reconstruction of the relationship between the two. The results show that the rigid dichotomy between jus ad bellum and jus in bello is no longer relevant since the boundaries between war and peace are increasingly blurred. Nowadays, the world has experienced more widespread asymmetric warfare, as well as the use of modern super weapons. The dichotomy is also considered very eurocentrism and creates a paradox in international law. On the other hand, both have disproportionate use of force against the law and are not justified by military necessity. The reconstruction of the relationship between jus ad bellum and jus in bello must be dynamic, holistic, and harmonious. There should not be a rigid dichotomy, nor a rigid integration, which always places jus ad bellum above jus in bello or vice versa. Reconstruction of the relationship between the two must be based on the principle that a just war must be carried out in a just manner.DOI: https://doi.org/10.22304/pjih.v9n2.a4
The Legality of Israel’s Self-Defense Claim of the Strikes on Hamas Vania Lutfi Safira Erlangga; Sefriani Sefriani
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.61262

Abstract

The attacks by Israel against Palestine, which took place from 10th to 12th May in the Gaza Strip caused massive losses of civilians. Israel claims that the strikes are forms of self-defense in response to previous attacks by Hamas. This study has two objectives: (1) to analyze the arrangements of self-defense in international law and (2) to find out the legality of Israel’s self-defense claim of the strikes on Hamas on May 10-12, 2021. The study was a juridical-normative legal study with a conceptual, historical, and statutory approaches. The results of the study reveal that (1) self-defense is customary international law contains in Article 51 of the United Nations Charter; (2) Israel’s self-defense claim is invalid since it does not comply with Article 51 of the United Nations Charter and elements contained in International Customary Law, such as necessary, proportionality, immediacy, and imminence.
No Choice but Welcoming Refugees Heriyanto, Dodik Setiawan Nur; Sefriani, Sefriani; Tamas, Fezer
Lentera Hukum Vol 10 No 1 (2023): Human Rights in Indonesia and Beyond
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i1.37920

Abstract

The non-refoulement principle requires each country to consider refugees and asylum seekers in their country of origin if they are subject to persecution and threaten their lives. As a geographically strategic country, Indonesia has been a significant crossroad for international refugees and asylum seekers often consider Indonesia their temporary destination. Moreover, the complex situation of international refugees has encouraged to reinterpret of the principle of non-refoulement into various national measures and domestic policies, given that Indonesia is deemed a transit country for refugees and has not ratified the 1951 Convention on the Status of Refugees. This paper aims to analyse the concept of refugee protection under international law, particularly the non-refoulement principle and investigate the application of the non-refoulement principle in Indonesia. This study employed normative and empirical legal research with statutory, conceptual, and comparative approaches. This study confirms that the non-refoulement principle is part of jus cogens norms in international law but does not fit in its application. Indonesia has inconsistency in upholding the non-refoulement principle into the binding normative rules. Refugees have received far less attention from the Indonesian government due to insufficient infrastructure and financial allocation. Moreover, the existing executive regulations do not provide effective enforcement since these regulations have a lower position in the hierarchy and cannot have deterrent sanctions. Hence, ratification of the 1951 Convention is urgently needed by Indonesia to guarantee the protection of refugees within its jurisdiction. At the regional scope, Indonesia can encourage ASEAN countries to adopt good practices in the European Union to set sharing quotas to ensure that not most refugees escape to Indonesia.Keywords: Customary International Law, Indonesia, Refugees.
The Lion Air JT610 Crash Due to Lack of Pilot Training: Is There Responsibility for Indonesia? Ghaisani, Amalina; Sefriani, Sefriani; Safitri, Alya Ananda
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.33724

Abstract

This research analyses international law, specifically in the realm of international aviation law. This research aims to determine whether Indonesia is responsible for the crash of Lion Air JT610 that happened on October 29, 2018. The accident was also followed five months later by the crash of Ethiopian Airlines ET302 on March 10, 2019. Both crashes involved the Boeing 737 MAX 8 and were linked to inadequate pilot training on the new Maneuvering Characteristics Augmentation System (MCAS). Using the normative legal research with statutory and case approach, the findings proved that besides its responsibility as a regulator, Indonesia is only responsible for issuing the airworthiness certificate, supervision, and investigation. On the other hand, the responsibility to ensure the maximum level of flight safety remains in the hands of the manufacturer company, including conducting pilot training and providing information regarding the new system.
Self-Defense Justifications: from Caroline Case to Russia v Ukraine Putra, Jaya Indra Santosa; Sefriani, Sefriani; Febriani, Yasyfa; Khoirunnisa, Hafara; Ramadhan, Muhammad Rizki
PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW) Vol 11, No 3 (2024): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Russia's invasion of Ukraine on February 24, 2022, attracted international attention when Russia justified the invasion as an act of self-defense based on Article 51 of the UN Charter. This study is a normative legal study that aims to analyze the role of International Customary Laws in determining the legality of the use of self-defense, particularly on Russia’s claims in the armed conflict with Ukraine. This study employed conceptual, statutory, political, and historical approaches. In adherence to Article 51 of the UN Charter, relevant Customary International Laws such as the Caroline Test and supplemental relevant rulings from the International Court of Justice were considered essential in evaluating and determining the legality of self-defense. Based on the legal standards set forth in the Caroline Test and ICJ’s Rulings, Russia's use of self-defense failed to fulfil the imminency, proportionality, and necessity standards, making the actions illegitimate under International Law. Hence, the action was invalid according to international law.
The Conundrum to Wear Religious Uniform in Indonesia: International Human Rights Law and Islamic Law Perspective Sefriani, Sefriani; Putro, Yaries Mahardika; Putra, Jaya Indra Santoso; Monteiro, Seguito
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4532

Abstract

This study aims to analyze the annulment of the Joint 3 (three) Ministerial Decree concerning School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court and to examine the Supreme Court’s decision under international human rights law and Islamic law. In the annulment of the Joint 3 (Three) Ministerial Decree on School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court, the legal reasoning follows a meticulous analysis rooted in normative legal research. The study employs statutory, conceptual, and comparative approach to unravel the complexities surrounding the decree. Through the descriptive analysis, it is established that the decree runs afoul of the educational values enshrined in the National Education System Act, particularly the imperative to foster religious spiritual strength in students. Moreover, the National Education System Act also mandated that the Indonesian National Education must also be rooted in religious values. The Supreme Court’s decision to annul the Joint 3 (Three) Ministerial Decrees grounded in the rationale that the decree conflicts with the higher law, specifically the National Education System Act. The annulment also aligns with international human rights law and the values of Islamic law. Indonesia has a margin of appreciation in the regulation of religious freedom as practiced in the European Court of Human Rights, adjusting to the condition that Indonesia is not a secular country but also not a religious country. Indonesia is based on Belief in the one and only God and upholds pluralism.
Dinamika Hukum Perdagangan Internasional: Tantangan dan Peluang di Era Proteksionisme Ikhsan, Mohammad; Sefriani, Sefriani
VISA: Journal of Vision and Ideas Vol. 5 No. 2 (2025): Journal of Vision and Ideas (VISA)
Publisher : IAI Nasional Laa Roiba Bogor

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Abstract

This research explores the significant shifts in the landscape of international trade law prompted by the resurgence of protectionism and neo-mercantilism in the modern era. Following decades of economic liberalization—marked by the establishment of the WTO and reduction of tariff barriers—recent trends indicate growing state intervention through protective policies, tariffs, and non-tariff measures. These developments have intensified geopolitical tensions, undermined the effectiveness of the WTO, and led to the fragmentation of the global legal order. The formulation of the problem in this research are: (i) how does protectionism affect the stability of the international trade legal system? and (ii) what are the challenges and opportunities faced by Indonesia in the era of protectionism? Using a normative-legal approach, this study analyzes the impact of protectionism on the stability of international trade law while identifying opportunities for reform toward a more inclusive and adaptive legal framework. The article also maps Indonesia’s position amid this global dynamic, examining domestic policy responses such as the QRIS and GPN systems, and strategic opportunities in digital economy and regional agreements like RCEP. Findings reveal that protectionism is not merely an economic challenge, but a threat to the integrity of the rules-based trade system. A comprehensive legal response is needed, including institutional reform of the WTO, and harmonization of cross-border digital law. For Indonesia, these challenges also present an opportunity to strengthen a resilient, equitable, and sovereign legal system amidst global trade complexity.
Shedding Light on WTO Jurisdiction and Preventing Abuse of The Security Exception Provision Sefriani, Sefriani; Julian, Aris Rahmat; Monteiro, Seguito
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13473

Abstract

This paper critically analyzes the World Trade Organization (WTO) jurisdiction over disputes involving the use of the Security Exception (SE) under Article XXI(b) of the General Agreement on Tariffs and Trade (GATT) 1994, and explores measures the WTO could take to prevent the abuse of this provision. The study utilizes legislative, case-based, and historical approaches within a normative juridical framework to examine the complexities surrounding the invocation of the SE. First, the paper demonstrates that the WTO does indeed have jurisdiction over disputes involving the SE, countering the perception that the 'self-judging' nature of Article XXI(b) absolves the WTO of oversight. This argument is supported by the WTO panel’s ruling in Russia – Traffic in Transit and reinforced by historical precedents, which confirm that affected countries can engage in consultations with the invoking state. Second, the paper identifies two critical instruments that could prevent the abuse of the SE provision. These instruments are rooted in the interpretation of the SE’s text, guided by the ordinary meaning of its terms, in accordance with the principle of good faith. The paper argues that more precise definitions of what constitutes an emergency situation affecting state security are essential to prevent the misuse of the SE for protectionist or politically motivated purposes. Ultimately, the research calls for a more robust framework to ensure that the Security Exception serves its intended purpose—protecting legitimate national security interests—while preventing its exploitation for unjustifiable trade barriers. The WTO must develop clearer guidelines and stronger mechanisms for transparency and accountability to maintain the integrity of the global trading system.
Co-Authors Bugivia Maharani Setiadji Putri Dodik Setiawan Nur Heriyanto Febriani, Yasyfa Fitria Kasih Ghaisani, Amalina Julian, Aris Rahmat Khoirunnisa, Hafara Mohammad Ikhsan, Mohammad Monteiro, Seguito Putra, Jaya Indra Santosa Putra, Jaya Indra Santoso Putro, Yaries Mahardika Ramadhan, Muhammad Rizki Safitri, Alya Ananda Seguito Monteiro Setiadji Putri, Bugivia Maharani Sri Wartini Tamas, Fezer Vania Lutfi Safira Erlangga Yusnetti Yusnetti