Articles
Adjusting The Concept Of Particularly Sensitive Sea Area Into Lombok Strait Configuration
Aliya Ayu Wibowo;
Rachma Indriyani;
Anugrah Adiastuti
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen
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DOI: 10.59581/doktrin.v2i3.3310
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.
Mechanisms of the Legal Protection of Human Rights in Global Regulation
M A Hamad, Ahmed;
Jannial, Jacklyn;
Indriyani, Rachma
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia
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DOI: 10.56784/hrgs.v1i2.31
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.
Examining the State's Jurisdiction in Sexual Assault Stateless Victims on Ships on the High Seas
Vidzal, Khaisya Refaya;
Kusumo, Ayub Torry Satriyo;
Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 1 (2024): Tirtayasa Journal of International Law Vol. 3 No. 1 Edisi Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa
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DOI: 10.51825/tjil.v3i1.24413
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.
FORGING A PATH FORWARD: SAFEGUARDING INDIGENOUS COMMUNITIES FROM THE IMPACT OF CLIMATE CHANGE
Allyana, Olivia;
Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa
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DOI: 10.51825/tjil.v3i2.25388
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)
Deep Seabed Mining And Precautionary Pause: Possibility And Legal Challenges
Ariningtyas, Agnes;
Indriyani, Rachma;
Adiastuti, Anugrah
WARKAT Vol. 4 No. 1 (2024): Juni
Publisher : Faculty of Law, Universitas Brawijaya
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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.
Implications Of Economic Sanctions On Potential Crude Oil And Natural Gas Prices For Russia Violations
Miskha Alemina;
Rachma Indriyani;
Ayub Torry Satriyo Kusumo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional
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DOI: 10.55606/jhpis.v3i2.3837
International sanctions are still an important diplomatic instrument used by international organizations such as the United Nations (UN) or a group of countries to target sanctions. One of the existing international sanctions is economic sanctions, which have already been applied to Russia. Economic sanctions against Russia as a consequence of the illegal annexation of Crimea and for under mining territorial integrity of Ukraine. It is believed that the imposition of economic sanctions against Russia will trigger an escalation of the price of crude oil and natural gas on the global market because Russia is ranked as the largest supplier of crude oil and natural gas in the world. The research method used is normative juridical with comparative approach by comparing how economic sanctions have an impact on the Russian economy before and after they are implemented. We argued that the inflation is becoming scarce on the global market while for Russia this case causes increase inflation due to Russia losing most of its shares in international markets.
APPLYING EMISSION CONTROL AREAS (ECA) IN MARITIME ZONES: ADOPTION AND COMPLIANCE
Sylvia, Kellyn;
Indriyani, Rachma;
Muslimah, Siti;
Luz, Gustavo Leite Neves da
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 : Fakultas Hukum Universitas Sultan Ageng Tirtayasa
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DOI: 10.51825/tjil.v4i1.32803
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.
Responsibility of a Public Notary On The Making of Sale and Purchase Agreement and Authorization To Sell Without Legal Effect
Hafiza, Nurul;
Saptanti, Noor;
Indriyani, Rachma
International Journal of Educational Research & Social Sciences Vol. 6 No. 4 (2025): August 2025 ( Indonesia - Zimbabwe )
Publisher : CV. Inara
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DOI: 10.51601/ijersc.v6i4.994
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.
Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State
Indriyani, Rachma;
Rahim, Asmar Abdul;
Azmi, Ruzita
Hasanuddin Law Review VOLUME 7 ISSUE 2, AUGUST 2021
Publisher : Faculty of Law, Hasanuddin University
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DOI: 10.20956/halrev.v7i2.2841
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.Â
Mitigasi Resiko Pendakian Gunung Lawu : Penguatan Peran Masyarakat dan Pendaki dalam Pencegahan Kecelakaan
Setiyawan, Anang;
Latifah, Emmy;
Kusumawati, Erna Dyah;
Indriyani, Rachma;
Sasmini, Sasmini;
Adiastuti, Anugrah;
Muslimah, Siti;
Kusumo, Ayub Torry Satriyo;
Sari, Diah Apriani Atika
Jurnal ABDIRAJA Vol 9 No 1 (2026): Jurnal Abdiraja
Publisher : LPPM Universitas Wiraraja Sumenep, Jalan Raya Sumenep Pamekasan KM. 5 Patean Sumenep 69451, Telp. (0328) 673399 Fax. (0328) 673088
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DOI: 10.24929/adr.v9i1.4748
Kegiatan pendakian Gunung Lawu semakin diminati oleh berbagai kalangan, namun masih minim kesadaran akan risiko dan upaya mitigasi kecelakaan. Kegiatan pengabdian ini bertujuan untuk memperkuat peran aktif masyarakat lokal dan para pendaki dalam mencegah kecelakaan melalui edukasi keselamatan dan identifikasi risiko. Metode yang digunakan meliputi penyuluhan, pelatihan tanggap darurat, serta pembuatan media informasi keselamatan di jalur pendakian. Kegiatan dilakukan bersama para relawan, pengelola basecamp, dan komunitas pendaki di sekitar jalur Cemoro Sewu dan Cemoro Kandang. Hasil kegiatan menunjukkan peningkatan pemahaman peserta terhadap potensi bahaya seperti perubahan cuaca ekstrem, kondisi fisik pendaki, dan minimnya peralatan keselamatan. Selain itu, terbentuk jejaring komunikasi antara masyarakat dan pendaki sebagai upaya deteksi dini dan respon cepat terhadap insiden. Penguatan kolaborasi antara masyarakat lokal dan pendaki terbukti efektif dalam membangun budaya pendakian yang lebih aman dan bertanggung jawab di Gunung Lawu.