Articles
<![CDATA[Adjusting The Concept Of Particularly Sensitive Sea Area Into Lombok Strait Configuration ]]>
<![CDATA[Aliya Ayu Wibowo]]>;
<![CDATA[Rachma Indriyani]]>;
<![CDATA[Anugrah Adiastuti]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59581/doktrin.v2i3.3310
<![CDATA[This article investigates the adverse impacts of unintentional or operational ship discharges on marine ecosystems and elucidates the significance of Particularly Sensitive Sea Areas (PSSA) as an approach to safeguard the marine environment from international shipping activities. Focusing on IMO resolutions and the United Nations Convention on the Law of the Sea (UNCLOS) framework, the article analyzes the PSSA concept, underscores its role in pollution prevention, and explores inherent limitations. Specifically, it delves into the legal status of PSSA, the binding nature of IMO resolutions, and implementation challenges. Through in-depth analysis, the author concludes the necessity for revising PSSA resolutions to enhance legal clarity and effectiveness in marine environmental protection.]]>
<![CDATA[Mechanisms of the Legal Protection of Human Rights in Global Regulation ]]>
<![CDATA[M A Hamad, Ahmed]]>;
<![CDATA[Jannial, Jacklyn]]>;
<![CDATA[Indriyani, Rachma]]>
<![CDATA[ Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022) ]]>
Publisher : <![CDATA[Serikat Pengajar Hak Asasi Manusia Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (311.73 KB)
|
DOI: 10.56784/hrgs.v1i2.31
<![CDATA[This article addressed the issue of violations and infringements by presenting a legal study of the most important human rights protection mechanisms at the level of global regulation. The scientific necessity necessitated the study of the role of international bodies in the field of human rights, through the international mechanisms for monitoring human rights and the oversight and protection system in them. The article examined that international law has provided humanity with a number of mechanisms whose application leads to the creation of a virtuous society in which all human beings enjoy peace and security and enjoy all rights on an equal footing. International law has adopted a set of mechanisms that include a set of provisions that criminalize every act that would harm a person, whether this act occurred on his body, honor, or religion. International law has also created a number of consensual mechanisms that undertake the task of supervising and monitoring the extent to which individuals and states respect and apply those provisions. To achieve the objectives of the article, doctrinal legal research methodology using a qualitative approach was adopted. This article referred to a number of international treaties, charters, and declarations related to human rights or international law, in addition to many studies that dealt with human rights in international law. The article recommended that every country in the world shall stipulate that its constitution or basic law include explicit provisions that guarantee the protection of human rights and provide the necessary guarantees for their implementation.]]>
<![CDATA[Examining the State's Jurisdiction in Sexual Assault Stateless Victims on Ships on the High Seas ]]>
<![CDATA[Vidzal, Khaisya Refaya]]>;
<![CDATA[Kusumo, Ayub Torry Satriyo]]>;
<![CDATA[Indriyani, Rachma]]>
<![CDATA[ Tirtayasa Journal of International Law Vol 3, No 1 (2024): Tirtayasa Journal of International Law Vol. 3 No. 1 Edisi Juni 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.51825/tjil.v3i1.24413
<![CDATA[Issues regarding jurisdiction over the handling of sexual assault cases, especially on the high seas, are a major concern of the international community, especially if the victim is a stateless person. They are often isolated and have limited access to legal assistance. This situation makes them one of the most vulnerable groups to sexual assault. The Stateless Convention 1954 stipulates that stateless persons can request legal protection from the state parties to the Convention. While on the high seas, UNCLOS 1982 has regulated that the flag state has jurisdiction over every activity on a ship flying its flag. However, there is no clarity regarding specific protection for stateless persons on ships. This paper will identify which jurisdictions can apply when there is a sexual assault against a stateless person on a ship on the high seas. The research method used is prescriptive normative law with a statute approach by examining laws and regulations. We argue that when it comes to ships flying a particular flag and sailing on the high seas, UNCLOS 1982 should be considered customary international law. Furthermore, when similar crimes occur, there must be a justification for intervention by other states. Scientific contributions in this study are the identification and juridical analysis of the legal gap in legal protection for stateless persons who are victims of sexual violence on the high seas, as well as a new interpretation of state jurisdiction based on the provisions of UNCLOS 1982 and the 1954 Stateless Convention.]]>
<![CDATA[FORGING A PATH FORWARD: SAFEGUARDING INDIGENOUS COMMUNITIES FROM THE IMPACT OF CLIMATE CHANGE ]]>
<![CDATA[Allyana, Olivia]]>;
<![CDATA[Indriyani, Rachma]]>
<![CDATA[ Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.51825/tjil.v3i2.25388
<![CDATA[This article examines the effects of ‘climate change’ on indigenous communities and the safeguarding of their rights, with a focus on the “Daniel Billy et.al v. Australia” case ‘climate change’ poses severe threats to ‘indigenous peoples’' livelihoods and traditions, yet they also contribute significantly to mitigating its impacts. Utilizing normative legal research methods, including statutory and case law analysis, it evaluates the protection of indigenous rights by the UNHRC. The analysis highlights the significance of the “UNHRC”'s decision in “Daniel Billy et.al v. Australia”, which represents a milestone in international law regarding ‘climate change’ 's repercussions on human rights. While non-binding, the ruling grants access and establishes a crucial precedent for enforcing indigenous claims against states failing to safeguard their rights. It has influenced national legal frameworks and guided interpretations of indigenous rights. Considering subsequent practices in applying human rights treaties and utilizing “UNHRC” rulings as interpretive aids are essential. This analysis aims to deepen comprehension of the challenges and prospects in safeguarding the rights of climate-affected indigenous populations on the global stage. The scholarly contribution of research can be articulated through its novel engagement with the intersection of climate change, indigenous rights, and international human rights law, particularly through the lens of the Daniel Billy et al. v. Australia case before the UN Human Rights Committee (UNHRC)]]>
<![CDATA[Deep Seabed Mining And Precautionary Pause: Possibility And Legal Challenges ]]>
<![CDATA[Ariningtyas, Agnes]]>;
<![CDATA[Indriyani, Rachma]]>;
<![CDATA[Adiastuti, Anugrah]]>
<![CDATA[ WARKAT Vol. 4 No. 1 (2024): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Brawijaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21776/warkat.v4n1.3
<![CDATA[Critical minerals that are greatly needed for green technology could be found in potentially promising quantities on the seafloor. Nevertheless, there are long-term environmental effects associated with recovering such resources. This research argues based on international law of the sea which applies normative-legal research method using statutory and conceptual approaches. The main findings of this research reveal that the proponents argue that extracting minerals from the deep sea could be beneficial for the humankind. However, many nations are pushing for a ban or delay on seabed mining due to a lack of international law and knowledge of the full environmental effects. It is unclear if the International Seabed Authority (ISA) will approve such a ban, but some scientists believe mining will soon start. Therefore, precautionary approach needs to be implemented to minimize the potential destructive impacts due to the deep seabed mining (DSM) activities.]]>
<![CDATA[APPLYING EMISSION CONTROL AREAS (ECA) IN MARITIME ZONES: ADOPTION AND COMPLIANCE ]]>
<![CDATA[Sylvia, Kellyn]]>;
<![CDATA[Indriyani, Rachma]]>;
<![CDATA[Muslimah, Siti]]>;
<![CDATA[Luz, Gustavo Leite Neves da]]>
<![CDATA[ Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.51825/tjil.v4i1.32803
<![CDATA[ The establishment of Emission Control Area (ECA) constitutes a significant regulatory measure within the international maritime legal framework aimed at mitigating air pollution generated by shipping activities. Pursuant to MARPOL Annex VI, the designation of an ECA requires a comprehensive, evidence-based proposal evaluated by the International Maritime Organization (IMO). Within these designated zones, ships are obligated to utilize low-sulfur fuel or adopt emission reduction technologies to comply with stringent emission standards. The implementation of ECAs has demonstrably contributed to improved air quality in port cities and coastal regions. Compliance is ensured through a multi-level enforcement mechanism involving flag States, port States, and coastal States, supplemented by technological monitoring and regulatory infrastructure. This study adopts a normative legal methodology combined with a descriptive-analytical approach to examine the legal provisions, enforcement mechanisms, and practical implications of ECA implementation in achieving sustainable environmental protection in the maritime sector.]]>
<![CDATA[Responsibility of a Public Notary On The Making of Sale and Purchase Agreement and Authorization To Sell Without Legal Effect ]]>
<![CDATA[Hafiza, Nurul]]>;
<![CDATA[Saptanti, Noor]]>;
<![CDATA[Indriyani, Rachma]]>
<![CDATA[ International Journal of Educational Research & Social Sciences Vol. 6 No. 4 (2025): August 2025 ( Indonesia - Zimbabwe ) ]]>
Publisher : <![CDATA[CV. Inara ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.51601/ijersc.v6i4.994
<![CDATA[The purpose of this study is to analyze and understand the legal consequences of the Deed of Binding Sale and Purchase Agreement (PPJB) and Power of Attorney to Sell which are declared null and void by law and the responsibility of the Notary in making the Deed of Binding Sale and Purchase Agreement (PPJB) and Power of Attorney to Sell which are declared null and void by law/ The type of research that will be used by the author is normative or commonly called doctrinal. The approach used by the author in this study is the conceptual approach and the case approach. In this study, the legal materials that will be used are primary and secondary legal materials. The results of the study stated that the Supreme Court Decision Number 3162 K/Pdt/2021 stated that the Deed of Binding Sale and Purchase Agreement and Power of Attorney to Sell were null and void because they did not meet the valid requirements of the agreement according to Article 1320 of the Civil Code and violated the formal procedures for authentic deeds. The legal consequences of the cancellation are the return of the parties to their original state, including the return of land rights to the legal owner and the nullity of all legal actions arising from the deeds. Notaries who are negligent in exercising their authority can be held accountable civilly, administratively and criminally.]]>
<![CDATA[Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State ]]>
<![CDATA[Indriyani, Rachma]]>;
<![CDATA[Rahim, Asmar Abdul]]>;
<![CDATA[Azmi, Ruzita]]>
<![CDATA[ Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Hasanuddin University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20956/halrev.v7i2.2841
<![CDATA[Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota. ]]>
<![CDATA[VALIDITY OF LAND RENTAL AGREEMENTS BETWEEN FOREIGN CITIZENS AND INDONESIAN CITIZENS WITH A TERM OF OVER 80 YEARS IN SUPREME COURT DECISION NUMBER 2785 K/PDT/2011 ]]>
<![CDATA[Shania Lorusso]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[Rachma Indriyani]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.5281/zenodo.21134141
<![CDATA[This study examines the validity of land lease agreements with very long terms, even exceeding 80 years, between foreign nationals and Indonesian citizens as reflected in Supreme Court Decision Number 2785 K/Pdt/2011. The analysis focuses on how the principles of freedom of contract, the principle of justice, and the principle of legal certainty are applied when the structure of the lease clause substantively shifts the nature of the lease into long-term land ownership that resembles a disguised transfer of ownership rights. The study uses a normative juridical method with a statutory regulatory approach and a conceptual approach to the Civil Code, the Basic Agrarian Law, and the doctrine of contract law, which are then linked to the legal considerations of the Supreme Court in the case. The results of the study indicate that unreasonable lease terms, disproportionate rental prices, and unequal bargaining positions give rise to violations of the social function of land and the limits of legal propriety, while also emphasizing the importance of the role of notaries in preventing the emergence of exploitative contract clauses.]]>
<![CDATA[Kebijakan Sekaya Maritim dalam Rangka Peningkatan Kesejahteraan Nelayan di Lampung Timur: Analisis Tantangan dan Peluang ]]>
<![CDATA[Rachma Indriyani]]>;
<![CDATA[Ayub Torry Satriyo]]>;
<![CDATA[Diah Apriani Atika Sari]]>
<![CDATA[ Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015 ]]>
Publisher : <![CDATA[Faculty of Law, Maranatha Christian University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.28932/di.v7i1.704
<![CDATA[Fishing has been a traditional occupation for millennia, supporting a plethora of communities, both along the sea coast and inland. However, traditional fishermen are under pressure from large scale unregulated industrialization, export-oriented, mechanized fishing and aquaculture. Therefore, it’s community faced with deprivations of many kinds. The Ministry of Marine Affairs and Fisheries has been launching Sekaya Maritim program since early 2015, as an effort to improve the welfare of traditional fishermen. Considering that every region has different culture and problems to each other, then it should be a policy which appropriated to the real needs of local fishing communities. Nevertheless, one fits for all could not always fix all. Through descriptive approach and case study analysis, this paper reviews the Sekaya Maritim program applied in East Lampung, as well as map out the challenges and opportunities that should be a reflective matter for the government, so that the program could be optimally implemented and precisely targeted.]]>
