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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Journal of SouthEast Asian Human Rights Jurnal HAM Nagari Law Review Nurani Hukum : Jurnal Ilmu Hukum Bubungan Tinggi: Jurnal Pengabdian Masyarakat Majalah Hukum Nasional Andalas International Journal of Socio-Humanities (AIJOSH) Indonesia Law Review (ILREV) Jurnal Hukum dan Peradilan
Oktaviandra, Surya
Faculty Of Law, 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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From International Regulation to Local Implementation Oktaviandra, Surya; Arza, Putri Aulia
Journal of Southeast Asian Human Rights Vol 8 No 1 (2024): June 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i1.44031

Abstract

This paper discusses gender equality in sustainable development goals as a response to the 2023 United Nations Sustainable Development Goals Report. Through the lens of international environmental law, gender equality achievement is examined both by its international commitment and its implementation at local institutions. This study focuses on elements of the data report that closely relate to human rights and the environment. These include women’s global share in national agricultural ownership, their secure tenure rights over agricultural land, and access to fair legal protection. This study then observes the availability of international agendas within international environmental law to promote sustainable development goals. Relevant legal frameworks include those arranged by the 1992 Rio Earth Summit and the 2015 Paris Agreement on Climate Change. To examine local implementation, this study uses the West Sumatra government as a case study, employing questionnaires and interviews with provincial legal actors. Indonesia Investment Law, which covers a broad spectrum of human development, is utilized as a model for assessing the implementation of gender equality at the local level. Ultimately, this study found a lack of gender equality implementation for SDGs at local institutions. It concludes that this could have been anticipated via a more comprehensive international legal framework, which could be implemented through national regulations. Keywords: Environmental Law, Gender Equity, Sustainable Development Goals
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.
Co-Authors Aditya Nurahmani Ainul Mardiah Alif Fachrul Rachman Aloysius Eka Kurnia Amalia, Nazwa Arza, Putri Aulia Catur Alfath Satriya Darnis Darnis, Darnis Faizka, Muhammad Farida Azzahra Farina Gandryani Fatthya Zaqna Fikri Hadi Firdaus, Aras Herawati Herawati Khairani Khairani Kristianus Jimy Pratama Lubis, Ikhsan M Nur Sholikin M Reza Baihaki M. Reza Baihaki Mulyono, Andreas Tedy Putrida Sihombing Resmiati Resmiati Richard Jatimulya Alam Wibowo Rudy Hendra Pakpahan Sabrina Nadilla Siti Nurhalimah Sucy Delyarahmi