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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Journal of SouthEast Asian Human Rights Nagari Law Review Nurani Hukum : Jurnal Ilmu Hukum Bubungan Tinggi: Jurnal Pengabdian Masyarakat Majalah Hukum Nasional Andalas International Journal of Socio-Humanities Indonesia Law Review (ILREV) Jurnal Hukum dan Peradilan Indonesian Law Journal Jurnal HAM
Oktaviandra, Surya
Universitas Andalas
Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Comparison of National and International Legal Frameworks on Nickel Export Ban and Its Environmental Impact Delyarahmi, Sucy; Oktaviandra, Surya; Faizka, Muhammad; Amalia, Nazwa
Nagari Law Review Vol 8 No 2 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.2.p.419-429.2024

Abstract

Indonesia's regulation of a ban on nickel exports at <1.7% (less than one point seven percent) has caused international upheaval. Reactions emerged from European Union countries that viewed Indonesia as having violated GATT 1994. In this research, the authors use the normative method with a comparative approach and literature study. The results showed that Indonesia's nickel export ban policy aligns with the government's efforts to improve the downstream industry. However, this policy has a negative impact on the environment, including increased water pollution due to nickel industry waste that exceeds the quality standards regulated in environmental regulations. This is due to the massive nickel exploitation that is not in line with the original purpose of the export ban to maintain domestic nickel stocks.
Recent Cases in International Investment Law Involving Local Government on Investment Disputes Oktaviandra, Surya
Andalas International Journal of Socio-Humanities Vol. 5 No. 1 (2023)
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/aijosh.v5i1.49

Abstract

An understanding of the importance of regulating investment treaties and implementing measures in accordance with existing rules has been generally understood by States in foreign direct investment. However, the local government where the location of foreign investment activities is carried out has not received sufficient attention. As a result, various cases of international investment disputes have arisen caused by actions taken by local governments. This study discusses how the tribunal views and interprets actions taken by local governments in relation to violations of foreign investor rights. In the span of time over the past eight years, no less than six hundred cases of foreign investment disputes have been investigated. Of these, three available and final cases became the subject of discussion in research and became examples to link them with the legal skills of local government officials in mitigating the occurrence of foreign investment case disputes. The results of this study show that in terms of understanding the rules of international investment law, the government in the country can mitigate or handle the case better with foreign investment disputes.
Revisiting The Interpretation of The Indonesian Criminal Procedure Code: Legal Basis for Witnessteleconferencing Oktaviandra, Surya
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.161-190

Abstract

Remote witness examination through teleconference media has been used for several criminal cases in Indonesia. However, it was assumed that its legal standing based on Criminal Procedure Code (KUHAP) remains unclear and insufficient. Therefore, many legal scholars and practitioners look beyond the existing laws. This paper argues that the existing law can support the legal basis and implementation of witness teleconferencing in criminal cases without necessarily requiring new legislation. This normative juridical study collects and analyzes legal materials data from several laws and jurisprudences in Indonesia relating witness examination. The result shows that criminal witness examination through teleconference media is valid and enforceable under KUHAP by employing broad interpretation of Article 160 KUHAP. Nevertheless, for greater result on seeking the material truth, it is necessary to regulate the application of witness teleconferencing to ensure witness statements can be delivered smoothly and independently. This finding revitalizes the legal basis concept for remote examination in criminal proceedings. It may facilitate consideration by authorities and legislators in developing laws related to the Criminal Procedure Code.
Legal Protection For Vulnerable Workers in The Labor Social Security System in Order to Increase The Participation of Social Security: A Case Study of Padang City Khairani, Khairani; Darnis, Darnis; Lubis, Ikhsan; Oktaviandra, Surya; Mardiah, Ainul
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i2.1597

Abstract

Vulnerable workers, often engaged in informal sectors with low and unstable incomes, face significant barriers in accessing employment-based social security programs. In the social security system, according to Law No.40/2004 and Law No.24/2011 who are social security participants are independent participants, wage recipients and contribution recipients (poor people, while informal workers are not mentioned as participants covered by the Government. This article aims to find out how social security protection is for informal workers and who is responsible for the payment of their membership contributions as social security participants. Using an empirical legal research method, the study analyzes the implementation of social security policies at the local level, particularly initiatives to include informal workers such as fishermen, religious educators, and ride-hailing drivers. Data were collected through field observation, interviews with relevant stakeholders, and review of secondary legal documents. The study reveals that local government initiatives play a critical role in expanding enrollment, particularly through targeted identification of eligible workers and the allocation of public budget to subsidize premiums. The novelty of this research lies in its focus on subnational policy implementation and the mechanisms through which local governments operationalize inclusive social protection. The findings highlight how coordination between central and local authorities contributes to expanding access to social security and reducing socioeconomic vulnerability among informal labor groups. This study offers practical insights for policymakers seeking to close protection gaps and achieve broader coverage in employment-based social security systems.
Three Arguments to Support International Binding Treaty on Business and Human Rights Surya Oktaviandra
Jurnal HAM Vol 13 No 2 (2022): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2022.13.253-270

Abstract

The development of the promotion and protection of human rights, in general, has been gladdening. However, in instances where human rights are affected by business activity, efforts to uphold them meet certain obstacles. This is exacerbated when the business activity involves a complex and international dimension in it"”i.e., in the case of multinational enterprises. This paper provides three arguments to support the establishment of international binding treaty on business and human rights. It examines the current Corporate Social Responsibility platform, state responsibility to protect human rights, and also the importance and benefits of legally binding treaty. This research found that the implementation of the current CSR platform fails to prevent business harm to human rights. Therefore, state responsibility is fundamental in this matter and should be enhanced by the duty to establish an international treaty. A legally binding treaty is important to protect human rights from irresponsible business activity and can be beneficial and relevant to the interest of parties involved in business and human rights.
FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 15 N0. 1, 2022 Fahrurozi Muhammad; Surya Oktaviandra; Clarissa Nadya Ariana; Ikechukwu Ugwu; Pardomuan Gultom; Rumainur; Viona Wijaya
Indonesian Law Journal Vol. 15 No. 1 (2022): Indonesian Law Journal Volume 15 No. 1, 2022
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/v1h6rg67

Abstract

The 2022's first edition of Indonesian Law Journal Volume 15 has been published. The discussion topic of this edition is Dynamics and Development of Investment Law in The Digital Age. This edition presents 5 (five) articles and a book review from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.
Co-Authors Aditya Nurahmani Ainul Mardiah Alif Fachrul Rachman Aloysius Eka Kurnia Amalia, Nazwa Arza, Putri Aulia Catur Alfath Satriya Clarissa Nadya Ariana Darnis Darnis, Darnis Fahrurozi Muhammad Faizka, Muhammad Farida Azzahra Farina Gandryani Fatthya Zaqna Fikri Hadi Firdaus, Aras Herawati Herawati Ikechukwu Ugwu Khairani Khairani Kristianus Jimy Pratama Lubis, Ikhsan M Nur Sholikin M Reza Baihaki M. Reza Baihaki Mulyono, Andreas Tedy Pardomuan Gultom Putrida Sihombing Resmiati Resmiati Richard Jatimulya Alam Wibowo Rudy Hendra Pakpahan Rumainur Sabrina Nadilla Siti Nurhalimah Sucy Delyarahmi Viona Wijaya