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All Journal Jurnal Hukum Lex Generalis
Tasya Ester Loijens
Fakultas Hukum Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice

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Analisis Pencantuman Nama Perwakilan Diplomatik Asing dalam Exit Control List Pakistan terhadap Perlindungan Hak-Hak Kekebalan Diplomatik: (Studi Kasus Kolonel Hall di Islamabad) Tasya Ester Loijens
Jurnal Hukum Lex Generalis Vol 2 No 1 (2021): Tema Hukum Internasional
Publisher : CV Rewang Rencang

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Abstract

A diplomatic representative is a person who carries the task of officially connecting the tongues of two countries, namely between the sending country and the receiving country. As a representation of a country, diplomatic representatives are given the privilege of immunity to be able to perform the duties and missions charged to it. Such privilege arrangements are legally regulated under the Vienna Convention of 1961 and supported by other sources of international law including international customary law. However, there are some obstacles in its application such as in the case of Colonel Hall in Islamabad, Pakistan. The accident caused by Colonel Hall's negligence in violation of traffic markings has left the victim dead and seriously injured. However, due to legal immunity, the authorities have not yet completed an investigation into the case. The Pakistani government then listed Colonel Hall's name on the Blacklist and recommended putting his name on the Exit Control List. How the incident is reviewed from the perspective of international law will be discussed by the author in this paper.
Analisis Penetapan Evaluasi Generalized System of Preference (GSP) Amerika Serikat Terhadap Indonesia dan Pengaruhnya Terhadap Kesepakatan Perdagangan Dibawah World Trade Organization (WTO Jodie Jeihan; Tasya Ester Loijens; Intan Ekaningtyas
Jurnal Hukum Lex Generalis Vol 1 No 1 (2020): Tema Hukum Internasional
Publisher : CV Rewang Rencang

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Abstract

Liberalism is a basic principle embraced by the United States in all its policies including trade policy. This principle is also carried out by U.S. President Donald Trump in the form of orientation to bilateral agreements. When viewed from the trade relationship between Indonesia and the United States, the Generalized System of Preference or GSP facility is the only bilateral relationship that Indonesia can run with the United States. GSP is the U.S. policy of waiging import duties on the import of certain goods from developing countries in which case Indonesia is one of them. But it turns out that there is a policy of evaluating the implementation of GSP against Indonesia looking at the trade balance and Indonesia's economic policies that have an impact on the United States. The evaluation has the potential to reduce Indonesia's Bargaining Position in GSP facilities. If it comes to unexpected conditions it can harm Indonesia because of the increase in tariffs imposed on the export sector. The author intends to review the reevaluation policy in terms of international law.
Perburuan Paus di Antartika: (Australia Melawan Jepang: Intervensi Selandia Baru) Tasya Ester Loijens
Jurnal Hukum Lex Generalis Vol 1 No 8 (2020): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

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Abstract

In the case of whaling in Antarctica proposed by the State of Australia, the ICJ is faced with a very technical problem related to the interpretation and assessment of elements of a scientific nature. The court evaluated claims from Australia that Japan through a whaling program called JARPA II concealed commercial purposes behind false scientific research. This case then brought the world's attention in the international agenda, especially the correlation between law and science. On the other hand, the ICJ has also come under criticism for handling cases of a technical nature, so questions arise with regard to the jurisdiction of the International Court of Justice in handling the complexity of factual issues in a healthy and fair manner. Essentially, the ICJ should avoid two major hurdles: limiting judgment to only legal aspects or becoming a science judge by conducting technical analsis and considering the position of previously handled cases. This interesting case will be analyzed by the author in relation to his studies in the perspective of international law.
Implikasi Yuridis Pemberlakuan Wacana Earth to Earth Transportation oleh SpaceX Tasya Ester Loijens
Jurnal Hukum Lex Generalis Vol 1 No 8 (2020): Tema Hukum Lingkungan
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Rapid technological development allows humans to utilize natural resources that were previously difficult to reach even those in space. With these advances, the law also contributes through international law governing aspects related to the use of space often known as the Five Nations Treaties on Outer Space. In 2017, the CEO of SpaceX (a private American aerospace company), Elon Musk, announced plans to use transportation previously used to move objects from Planet Earth to Space, namely Rockets, for use as public transportation used as a means of mobilization from one place to another on Earth. This is interesting because the concept uses Space after the air surface of Planet Earth, giving rise to new contemplation related to licensing and legality aspects. In this paper, the author intends to examine from the perspective of international law with international arrangements related to air and space law.
Co-Authors Intan Ekaningtyas Jodie Jeihan