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ANALISIS HUKUM INTERVENSI KEMANUSIAAN ORGANISASI INTERNASIONAL DALAM KONFLIK UKRAINA DAN RUSIA Kurniawati Gea; Lesza Leonardo Lombok; Sam Julius Richard Saroinsong
Jurnal Yustitia Vol. 19 No. 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1454

Abstract

Efforts to prevent or stop human rights violations in a country, either with or without the consent of the country (a country in internal conflict), are known as interventions, with the aim of analyzing the contribution of international organizations in dealing with humanitarian issues during the course of the conflict. Apart from that, this research also evaluates the effectiveness of these interventions in supporting peace efforts and protecting the rights of affected residents. The research method used is a normative research method with a conceptual approach and a comparative approach. This research examines the role of international organizations in humanitarian intervention related to the conflict between Russia and Ukraine. One of the main focuses is the role of the United Nations (UN) in efforts to resolve the conflict and enforce the humanitarian crisis that occurred. The results of this research are that humanitarian intervention by international organizations in the Ukrainian and Russian conflicts is very important in increasing the suffering of the civilian population. Despite facing various challenges such as limited access and pollution for aid, food, medical and protection efforts for seriously injured victims.
ASAS MILITARY NECESSITY PADA KONFLIK BERSENJATA UNTUK MELINDUNGI PENDUDUK SIPIL Nexel Yosua Sompotan; Lesza Leonardo Lombok; Marven Ajels Kasenda
Jurnal Yustitia Vol. 19 No. 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1455

Abstract

Military Necessity is a fundamental principle in international humanitarian law that permits military actions necessary to achieve legitimate military objectives, but must still limit harm to civilian populations and civilian infrastructure. This study aims to analyze the application of this principle in contemporary armed conflicts, focusing on efforts to protect civilians. The research examines the Geneva Conventions, Additional Protocols, and case studies of modern conflicts to understand the relationship between Military Necessity and the principle of proportionality, as well as the challenges that arise in its implementation, particularly in asymmetric conflicts where combatants and non-combatants are often blended. The findings suggest that while this principle is widely accepted, its application still frequently presents challenges that lead to violations of international humanitarian law. Therefore, recommendations to strengthen the implementation of this principle should be considered in order to enhance protection for civilians in armed conflicts
PERLINDUNGAN HUKUM HUMANITER INTERNASIONAL TERHADAP WARTAWAN DALAM KONFLIK BERSENJATA Miracle Sangkoy Polii; Lesza Leonardo Lombok; Henry Noch Lumenta
Jurnal Yustitia Vol. 19 No. 1 (2025): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v20i1.1461

Abstract

This study examines the protection of international humanitarian law for journalists working in armed conflict situations. Journalists, as key actors in providing information to the global public, often face serious dangers when covering armed conflicts. This raises questions about the effectiveness of existing international legal protections for them. This research employs a normative legal approach by reviewing international regulations such as the 1977 Additional Protocol I to the Geneva Conventions and Article 4A(4) of the 1949 Geneva Convention III, which provide protection for journalists in war zones. Although international humanitarian law regulates the protection of journalists, field practices show that violations of journalists’ rights still frequently occur. Based on these findings, this study recommends strengthening the implementation of international humanitarian law and increasing global awareness of the importance of protecting journalists in conflict areas. The results of this research are expected to contribute theoretically to the development of humanitarian law and provide practical benefits for journalists carrying out their duties in armed conflict zones.
TINJAUAN HUKUM TERHADAP SENGKETA MEREK KARENA ADANYA PERSAMAAN PADA POKOKNYA MENURUT UNDANG - UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Astria Rikayana Pakpahan; Feibe Engeline Pijoh; Arthur Novy Tuwaidan; Lesza Leonardo Lombok
INVENTION: Journal of Intellectual Property Law Vol. 2 No. 2 (2025): INVENTION: Journal of Intellectual Property Law
Publisher : Lembaga Penelitian Pengabdian Masyarakat dan Pusat Kajian - Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/invention.v1i2.1465

Abstract

Hak Kekayaan Intelektual adalah hak ekonomi atas karya intelektual, termasuk merek dagang yang membedakan produk suatu perusahaan. Sengketa merek sering terjadi akibat peniruan, terutama terhadap merek terkenal, seperti kasus "Gudang Garam" vs "Gudang Baru" yang dinilai melanggar UU No. 20 Tahun 2016 yang digugat PT. Gudang Garam karena dianggap menyerupai mereknya, baik secara visual maupun unsur lainnya. Metode yuridis normatif digunakan dalam penelitian ini. Hasil penelitian menunjukkan bahwa dalam berbagai aspek, termasuk bentuk dan komposisi huruf, komposisi warna, ejaan, gaya penulisan, dan penempatan gambar atau lukisan, terdapat persamaan antara Gudang Garam dan Gudang Baru. Dalam kasus sengketa merek gudang garam dan gudang baru, bentuk kepastian hukum utama adalah keputusan pengadilan yang berkekuatan hukum tetap. Penggunaan merek yang sama merusak hak eksklusif merek dagang yang telah didaftarkan sebelumnya. Dengan demikian, pihak pertama memerlukan perlindungan hukum.
Perlindungan Warga Sipil Dalam Konflik Bersenjata (Studi Kasus Penggunaan Asas Pembedaan Dalam Konflik Di Suriah) Lesza Leonardo Lombok; Angel Christi Singkoh; Yolanda Salainti
INVENTION: Journal of Intellectual Property Law Vol. 2 No. 1 (2025): INVENTION: Journal of Intellectual Property Law
Publisher : Lembaga Penelitian Pengabdian Masyarakat dan Pusat Kajian - Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/invention.v2i1.1471

Abstract

This study aims to examine the protection of civilians in the armed conflict in Syria through the application of the principle of distinction under International Humanitarian Law. This principle requires conflicting parties to differentiate between combatants and civilians, as well as between military targets and civilian objects. However, in practice, violations frequently occur, resulting in high civilian casualties. The research also aims to analyze the content of the 1949 Geneva Conventions and the 1977 Additional Protocols. The findings indicate that despite the existence of international legal regulations providing protection, violations remain widespread. Therefore, the study recommends strengthening international oversight, enhancing humanitarian law education, and enforcing strict sanctions against violators to improve the protection of civilians
Perbandingan Perlindungan Hukum Berbasis Undang – Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Dan Digital Millennium Copyright Act (DMCA) Terhadap Karya Musik yang Dipublikasikan Ulang di YouTube Tanpa Izin Alezandro Pitter Siwi; Lesza Leonardo Lombok; Susi Aryani Manangin
INVENTION: Journal of Intellectual Property Law Vol. 2 No. 2 (2025): INVENTION: Journal of Intellectual Property Law
Publisher : Lembaga Penelitian Pengabdian Masyarakat dan Pusat Kajian - Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70358/invention.v1i2.1489

Abstract

The development of digital technology has facilitated the distribution of works, including songs, through platforms such as YouTube, but also increased the risk of copyright infringement. This study analyzes legal protection for copyright holders of songs republished on YouTube without authorization. The method used is normative juridical with a statutory and case study approach. The results show that although Law Number 28 of 2014 provides copyright protection, challenges remain in its digital implementation. Therefore, this study compares it with the Digital Millennium Copyright Act (DMCA) in the United States, which offers a notice-and-takedown mechanism. The comparison highlights the need to strengthen Indonesia's digital copyright protection through collaboration between the government, platforms, and the public.
LEGAL ANALYSIS OF DRUG ABUSE LAW TREATMENT THROUGH A RESTORATIVE JUSTICE APPROACH TO THE COUNTRY'S ECONOMY Ariel Hermanus Gumalang; Lesza Lombok; Feibe Engeline Pijoh
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9429

Abstract

Law evolves continually from the past to the present, aiming to improve various aspects, particularly the implementation of justice. One significant development is Restorative Justice, which shifts the focus in the criminal justice system towards justice for both victims and perpetrators, including alternative punishments like social work. The term "narcotics" often causes people to recoil in fear due to the severe negative impacts and numerous victims associated with these illegal substances. This concern extends widely, particularly among parents who worry about their children's associations. Recently, the issue has escalated to become a widespread concern for all segments of society. this research is to find out the regulations for the use of restorative justice in drug abuse cases and to determine the effect of criminal acts of drug abuse on the country's economy. By using normative legal method, the author finds that Restorative Justice is a shift in the criminal justice system that prioritizes justice for both victims and perpetrators, including alternative punishments like social work. It is regulated by various laws and emphasizes rehabilitation for narcotics abusers, recognizing them as both perpetrators and victims. The illegal drug trade has increased social, health, and economic impacts, with drug abuse leading to crime and social insecurity. Economic pressures drive abusers to commit crimes such as theft and robbery. According to data, Indonesia's state losses due to drugs have significantly risen, reaching IDR 84.7 trillion in 2017. Additionally, the UNODC reported a three-fold increase in opium production since 2006 in Southeast Asia's Golden Triangle, threatening regional stability and law enforcement.
IMPLEMENTATION OF THE DESIGNATION OF NICKEL MINING AREA IN KAWASI VILLAGE, ISLAND OF OBI Rivaldo Jeverson Lemenz Totononu; Diana Darmayanti Putong; Janeman Jehezkiel Lanawaang; Lesza Leonardo Lombok
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9438

Abstract

Sustainable development principles ensure current needs are met without compromising future generations' capabilities, integrating economic, socio-cultural, and environmental aspects for a balanced approach. Spatial planning, under Law Number 26 of 2007, defines regions based on administrative or functional aspects and areas for protection and cultivation. Mining activities in South Halmahera, including minerals, coal, oil, natural gas, and geothermal resources, contribute to regional economic growth while managing land use and environmental impacts. Specifically, mineral mining covers Bacan, Obi, Kasiruta, and Kayoa districts, particularly benefiting Obi's Kawasi Village under PT HARITA GROUP, generating jobs and attracting diverse investments. This study evaluates whether South Halmahera's Regional Regulation Number 20 of 2012 and PT HARITA GROUP's mining practices in Obi Islands adhere to sustainable development principles. By using normative legal method, the author finds that South Halmahera Regency Regional Regulation Number 20 of 2012 concerning Regional Spatial Planning contains the principles of sustainable development. From a juridical aspect, the designation of the nickel mining area is carried out by PT. Harita Group has been established in accordance with statutory regulations. However, there are indications that the mining carried out does not fully implement the principles of sustainable development. This is known from research conducted by WALHI North Maluku in 2023, namely the pollution of the waters of Weda Bay and Obi Island. This means that the mining process is carried out without paying attention to sustainable principles. This could be due to a lack of supervision by the relevant institutions. However, procedural supervision is not regulated in South Halmahera Regency Regional Regulation Number 20 of 2012 concerning Regional Spatial Planning.
THE USE OF POLICE DISCRETION IN INVESTIGATIONS OF CRIME IN THE MINING SECTOR Kadek Agus Surya Darma; Lesza Leonardo Lombok; Feibe Engeline Pijoh
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9452

Abstract

Criminal acts in the mineral mining sector in Indonesia are rife and have become public knowledge. These criminal acts include mining without a mining business permit, data manipulation practices at the exploration stage, mining in protected forest areas, limited production forests and laundering of mining products as well as reclamation and post-mining. The police play a very important role in carrying out law enforcement duties in the environmental sector. Sometimes, because of the lack of environmental knowledge, the police use discretion. Although acting based on the law is basically considered to be contrary to the granting of discretion to the Police, discretion, on the one hand, is considered to eliminate certain predictions regarding the results that will be obtained, but, on the other hand, it also ensures that the principle of legal certainty is maintained, which is wrong an important aspect of law. By using normative legal method, this research aims to find out the reasons behind the police's decision to use discretion in mining criminal cases, and to discover the implementation of Police discretion in the process of investigating criminal acts in the mining sector in Indonesia. The author finds that various factors influence the use of discretion by the Police, including the seriousness of criminal acts, availability of resources, environmental impacts, and the interests of the community and other stakeholders. Based on the context of law enforcement in the mining sector in Indonesia, the implementation of discretion by the Police includes various forms of approaches that are appropriate to the complexity and challenges faced. Several forms of discretion applied by the Police in the process of investigating mining crimes in Indonesia include determining case priorities in handling cases of mining crimes.
POLICE AUTHORITY IN ENVIRONMENTAL POLLUTION CRIMES: THE USE OF DISCRETION IN THE INVESTIGATION PROCESS Lega Ikhwan Herbayu; Lesza Leonardo Lombok; Arthur Novy Tuwaidan
International Journal of Applied Science and Sustainable Development (IJASSD) Vol. 7 No. 1 (2025): International Journal of Applied Science and Sustainable Development (IJASSD)
Publisher : Lembaga Penelitian dan `Pengabdian Kepada Masyarakat (LPPM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/ijassd.v7i1.9458

Abstract

The police as law enforcement officers who are given the authority to carry out inquiries and investigations based on statutory regulations must be able to understand the various problems contained in the Environmental Protection and Management Law. One of the reasons for using discretion in investigating criminal acts in the environmental sector is the lack of PPNS (Civil Servant Investigator) resources in the area where the crime occurred to carry out the investigation. For the sake of effectiveness and efficiency of investigations, Police Investigators take a discretionary policy by carrying out their own investigations by only taking expert information from experts in the environmental field. Therefore, this research aims to find out and analyze the authority of the police in investigating environmental crimes, and to understand and analyze the implementation of police discretion in the process of investigating environmental crimes. Using normative legal method, the author finds that the authority of the Police in investigating environmental crimes is considered to be the same as the authority obtained in the Criminal Procedure Code, with several mechanisms in the the Environmental Protection and Management Law, but with procedures in the provisions of Regulation of the Chief of Police of the Republic of Indonesia. Police discretion in investigating environmental crimes needs to be exercised because it provides flexibility for the police in dealing with various complex and dynamic situations in environmental crimes.