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Jurusan Teknologi Industri Pertanian, Fakultas Teknologi Pertanian, UGM Yogyakarta 55284.
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Letters of Indemnity Without Bills of Lading as an Instrument for Carrier Liability Release in Maritime Transportation Jubaidi, Didi; Wagiman
Ilomata International Journal of Social Science Vol. 5 No. 3 (2024): July 2024
Publisher : Yayasan Ilomata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/ijss.v5i3.1270

Abstract

Sea transportation documents, especially bills of lading, play an important role in regulating the rights and oblig ations of the parties involved. A bill of lading is not only a proof of delivery, but also serves as a contractual instrument, proof of ownership, and a basis for dispute resolution. In addition to bills of lading, there is also a letter of indemnity document which has become a growing issue in the world of sea transportation. This document is used as a guarantee by the shipper to the carrier to replace the bill of lading in certain situations, such as speeding up the delivery of goods or resolving administrative issues more efficiently. However, the use of letters of indemnity also poses various legal challenges and risks that need to be considered by all parties involved. This research aims to analyze the position of the issuance of a letter of indemnity without the submission of a bill of lading and evaluate the Indonesian legal perspective on the practice in sea transportation. The research method used is normative juridical, with reference to legal literature and related legal documents. The results show that the issuance of a letter of indemnity without the submission of a bill of lading can lead to various significant problems, especially related to legal uncertainty. This uncertainty includes aspects of the ownership rights of the goods, the responsibility of the carrier, and the potential for misuse of documents that can harm all parties involved.
THE DOCTRINE OF SOVEREIGN IMMUNITY ON WARSHIP WRECKS IN INDONESIAN WATERS ACCORDING TO UNCLOS 1982 Fatchurrohman; Wagiman
JOURNAL OF HUMANITIES AND SOCIAL STUDIES Vol. 2 No. 03 (2024): AUGUST 2024
Publisher : Media Inovasi Pendidikan dan Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Warship wrecks in Indonesia are twofold: those owned by foreign governments, and those owned by the Government of Indonesia, considered hero's graves in the middle of the sea. Sovereign immunity under the 1982 UNCLOS Convention is not explicit for active warships or their wrecks. (1) How does Indonesia provide sovereign immunity to warships?; (2) What about the question of foreign countries about their warship wrecks in Indonesian waters? The use of normative juridical legal research methods, with primary legal materials: 1982 UNCLOS Convention, secondary: legal doctrine on the status of warship wrecks, and tertiary legal materials. The results of the study explain (1) Indonesia only recognizes the sovereign immunity of warships on duty. (2) Indonesia does not grant the wishes of foreign countries over its war wrecks, for the main reason of national interest in the form of shipping safety. The latest regulation on the management of sunken ship cargo objects was issued because the old regulation was not in accordance with legal developments and needs. Researcher's suggestions: (1) Indonesia must regulate which warship wrecks can be explored and which cannot. (2) Indonesia must more strictly supervise the exploration of sunken ship cargo objects.
MEMAHAMI & MEMAKNAI KONSEP-KONSEP LEX AETERNA SEBAGAI TEOLOGI HUKUM MENURUT AGUSTINUS, ALBERTUS MAGNUS, & THOMAS AQUINAS Siti Nur Azizah; Wagiman; Adrian Bima Putra; Brian Matthew
Ekasakti Jurnal Penelitian dan Pengabdian Vol. 4 No. 2 (2024): Ekasakti Jurnal Penelitian dan Pengabdian
Publisher : LPPM Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ejpp.v4i2.1171

Abstract

The article will explore the concept of ‘Lex Aeterna’ from Augustine, Albertus Magnus, to Thomas Aquinas. Lex Aeterna scholars can refer to Aquinas through the Summa Theologica which is essentially an idea of ??an absolute, eternal, and wise order in the Universe created and established by God Himself. Everything that exists and moves directs everything to its proper purpose in God and through Divine reason has the nature of law. Although Divine reason is not subject to time, but is eternal. The law by which God governs the Universe must also be eternal. Therefore, every Divine concept is true because of its own reason. This law is the final authority that humans must turn to so that they can know without a doubt what they should do and what they should avoid. Some people know about lex aeterna because God has implanted in the human soul the principles of proper action. This is human participation in lex aeterna, a participation called natural law. Based on this, humans have knowledge of general principles and certain teachings about rights and justice. No one can know the lex aeterna as it is and in its entirety. Every rational being knows it in its reflection or effect. All law, partaking of reason, originates or originates from the eternal law. For nothing is just and legitimate except that which has been derived from the lex aeterna. Lex Aeterna itself is ultimately understood as the theology of law, namely the universe itself, namely reality which is composed and regulated by a natural order or cosmic law.
IMPLEMENTATION OF MINISTER OF TRADE REGULATION NUMBER 8 OF 2024 CONCERNING IMPORT PROHIBITIONS AND RESTRICTIONS AS ONE OF THE FACTORS IN THE IMPOSITION OF HIGH RECIPROCAL TARIFFS BY THE UNITED STATES Gunawan Widjaja; Enna Budiman; Wagiman
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.468

Abstract

Regulation of the Minister of Trade of the Republic of Indonesia Number 8 of 2024 (Permendag 8/2024) is a significant change in import policy, including certain import prohibitions and restrictions. The implementation of this regulation has an impact on increasing the flow of imported goods to Indonesia, but has also drawn attention from the United States. The US government responded to this policy by implementing high reciprocal import tariffs on Indonesian products as a retaliatory measure. This study examines the normative-juridical content of Permendag 8/2024 along with its impact on international trade, as well as the United States' legal response through reciprocal tariffs. The analysis focuses on the conformity of the policies of the two countries with the legal provisions of the World Trade Organization (WTO), especially the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Dispute Settlement Understanding (DSU). Through the normative-juridical research method, this paper finds indications of violations of WTO principles in Indonesian policies as well as unilateral US retaliatory actions. Trade dispute simulations indicate that settlement options may be pursued through diplomacy and WTO dispute resolution mechanisms rather than unilateral retaliatory actions that violate the DSU. This in-depth study is expected to provide a comprehensive understanding of the legal implications of Indonesia's trade policy and the United States' reciprocal response within the framework of international trade law.
THE ROLE OF LPSK TOWARDS THE DISTRIBUTION OF LOSSES AND DISTRIBUTIVE JUSTICE TO VICTIMS Widjaja, Gunawan; Wagiman; Widjaja, Liza
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.469

Abstract

This article aims to analyze the role of the Witness and Victim Protection Agency (LPSK) in the distribution of losses experienced by victims and its contribution to realizing distributive justice. The problem formulations proposed in this research are: (1) What is the form of loss distribution provided by LPSK to victims of crime? and (2) What are the challenges faced by LPSK in implementing loss distribution and realizing distributive justice for victims? This research uses a normative juridical approach by analyzing the applicable laws and regulations as well as the LPSK annual report as research material.
PENYELESAIAN PERSELISIHAN TANAH MELALUI ALTERNATIF PENYELESAIAN SENGKETA: KHUSUS MEDIASI & ARBITRASE Wagiman; Brian Matheuw; Adrian Bima Putra
BESIRU : Jurnal Pengabdian Masyarakat Vol. 1 No. 9 (2024): BESIRU : Jurnal Pengabdian Masyarakat, September 2024
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/5dy2xa25

Abstract

Pelaksanaan penyelesaian sengketa tanah secara mediasi relatif sudah berjalan melalui Mediasi. Namun untuk forum arbitrase, sampai saat ini masih sebatas wacana dan konsep yang masih memerlukan penelitian terhadap kaidah hukum dan norma-norma yang mengatur terhadap penyelenggaraannya, sehingga apa yang disampaiakan hanya sebatas kajian normatif semata. Secara teori arbitrase, sepanjang materi sengketa itu dikuasai sepenuhnya dan terbuka kesempatan untuk melakukan perdamaian maka hal itu dapat menjadi obyek penyelesaian secara arbitrase tanpa harus membeda-bedakan substansi sengketanya sepanjang masih dalam substansi perjanjian yang mengikat para pihak. Penerapkan Arbitrase dalam sengketa perdata pertanahan akan menghadapi beberapa kendala baik kendala teknis, administrasi, dan yuridis. Untuk Mediasi masih menjadi pilihan hingga saat ini.
MENAKAR JURIMETRI DALAM SISTEM CIVIL LAW: ANALISIS TEORETIS DAN TANTANGAN PENERAPAN Widjaja, Gunawan; Wagiman; Naiborhu, Mesa Indra
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1733

Abstract

The development of legal science has experienced a shift from a normative approach to an empirical approach, along with the increasing complexity of legal issues in society. jurimetri, as a quantitative approach to legal analysis, combines statistical and computational methods to understand patterns in court decisions and evaluate the effectiveness of regulations. Despite its rapid development in the common law system, its application in the civil law system still faces conceptual and practical challenges. The prescriptive nature of civil law and its reliance on codification are the main obstacles to adopting this method. This article discusses the extent to which jurimetrics can be applied in civil law legal systems, highlighting the fundamental differences between the two legal systems as well as the epistemological challenges that arise. The research utilizes a juridical-normative approach with a conceptual analysis of the relevance of jurimetrics in a written norm-based legal system. The results of the study show that although jurimetrics faces various obstacles, its application is still possible as a tool for legal analysis, especially in evaluating regulations, predicting legal trends, and increasing the efficiency of the justice system. Therefore, it is necessary to develop more flexible methods so that jurimetrics can contribute to the civil law legal system without sacrificing the principle of legal certainty.
Co-Authors Adrian Bima Putra Brian Matheuw Brian Matthew Didi Jubaidi Enna Budiman Fatchurrohman Gunawan Widjaja Naiborhu, Mesa Indra Siti Nur Azizah Widjaja, Liza