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Fenomena dan Tantangan Terkait Kejahatan Cyber oleh dan terhadap Anak di Indonesia Sirait, Yohanes Hermanto
Zenit Vol 4, No 3 (2015)
Publisher : Zenit

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Positively, technology development in combination with information, yields economic growth that, in turn, is necessary to generate further advances in human development. Information technology in some respect helps humans for having better education and information with itscharacter of transboundary. However, we cannot deny that negatively technology information couldbecome a problem if users cannot use it properly, especially children or young people. This researchis done to examine the phenomena and challenges on cyber crimes done by – and to children inIndonesia. This research also examines the policy on security and protection of children from the misuse of information technology through Internet.Keywords: cyber crime, children, Internet, security, and protection

Pengaturan mengenai Tenaga Kerja Asing dan Prinsip Non-Diskriminasi di Masyarakat Ekonomi ASEAN (AEC) berdasarkan Kewarganegaraan Sirait, Yohanes Hermanto; Permatasari, Ai
UIR Law Review Vol 2 No 01 (2018): UIR Law Review, April 2018
Publisher : UIR Press

Abstract Every country has an obligation to ensure job vacancies for its people, so the priority of local workers is preferred to do. However, with the enactment of ASEAN Economic Community (AEC) in early 2016 in ASEAN, every country bound to open more opportunities for foreign workers to work in all ASEAN states. This agreement may bring into a contravention between national policies to accentuate local worker with obligation of free flow of workers in ASEAN, especially occupation regulated on Mutual Recognition Arrangements (MRAs). This article examines the regulation for foreign worker and the implementation of non-discrimination principle based on nationality in AEC. This is particularly pertinent considering a state’s role to ensure stability of foreign worker and fruitfulness of AEC. Ultimately, this Article argues all ASEAN states should embrace harmonization as the new standard for foreign worker under MRAs. Keywords: ASEAN Economic Community; Foreign Worker; Nationality; Principle of Non-Discrimination

GENERAL DATA PROTECTION REGULATION (GDPR) DAN KEDAULATAN NEGARA NON-UNI EROPA Sirait, Yohanes Hermanto
Gorontalo Law Review Volume 2 No.2 Oktober 2019 Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v2i2.704

Pada umumnya, GDPR berlaku terhadap aktivitas proses data yang dilakukan oleh entitas yang didirikan di Uni Eropa. Namun dalam kegiatan tertentu, GDPR dapat juga berlaku diluar Uni Eropa berdasarkan prinsip ektra-teritorial. Prinsip ini memiliki hubungan dengan konsep kedaulatan dalam Hukum Internasional. Tulisan ini bertujuan mengkaji apakah sebuah negara harus tunduk pada GDPR ketika syarat-syarat terpenuhi atau haruskah negara menggunakan kedaulan mereka sebagai dasar untuk menolak. Tulisan ini merupakan peneltiian yuridis normatif. Fokus dari tulisan ini pada perundang-undangan dan sumber hukum lain sebagai sumber hukum primer dan sekunder. Analisis dilakukan secara deduktif dari hal umum kepada hal khusus. Hasil penelitian menunjukan bahwa prinsip ektra-teritorial dalam GDPR sesuai dengan hukum internasional. Praktik tersebut umum dilakukan guna melindungi warga negara dan kepentingan nasional dari adanya ancaman yang berasal dari luar. Peluang adanya tumpang tindih antara prinsip ini dengan kedaulatan negara tidak besar oleh karena prinsip tersebut hanya bekerja ketika kepentinga warga negara Uni Eropa terlanggar. Generally, the GDPR applies to data processing activities conducted by organisations established in the European Union (EU). But in certain activities, GDPR may also apply outside EU according to extra-teritorial principle. This principle has correlation to concept of sovereignty in international law. This article aims to examine whether a state must abide to GDPR when the requirement fulfiled or should the states use their sovereignty as a basis to deny it. This article is normative legal research. It focus on case-law, statutes and other legal source as primary and subsidiary source. The analysis is deductive by reasoning from more general to more specific. The result show that extra-teritorial principle under GDPR is in accordance to international law. The practice is common in the world in order to protect the citizen and national interest from any threat from abroad. The chance of overlapping between this principles with state?s sovereignty is hardly to occur as the principle only works when the interest of European citizen violated.

Supporting Merdeka Belajar Curriculum: An Analysis of Open Educational Resources Policy and Academic Libraries’ Contribution Heriyanto, Heriyanto; Sirait, Yohanes Hermanto
Khizanah al-Hikmah : Jurnal Ilmu Perpustakaan, Informasi, dan Kearsipan Vol 12 No 2 (2024): December
Publisher : Program Studi Ilmu Perpustakaan UIN Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/kah.v12i2a11

In 2023, the Indonesian government launched the Merdeka Belajar (Freedom of Learning) curriculum to enhance the quality of education in the country. College libraries, as integral components of Indonesia's educational system, were called upon to support this initiative, particularly through the use of Open Educational Resources (OER). However, the development and implementation of OER encountered several challenges, including legal barriers. This study aimed to analyze the legal framework surrounding OER, with a particular focus on the Indonesian context. A mixed-methods approach was employed, involving the analysis of legal documents, policies, and relevant literature. The legal documents examined primarily included regulations pertaining to higher education, copyright laws, and licenses. The study found that the lack of specific regulation regarding OER in Indonesia created challenges in defining the applicable legal framework. Although OER practices align with copyright law, the absence of explicit regulation on open licenses places the legal basis on license agreements between creators or copyright holders and OER users. If the license agreement is valid, it becomes enforceable under the pacta sunt servanda principle. However, the study highlighted the need for comprehensive regulations to provide legal security and clarity for creators, copyright holders, and users of OER. It was recommended that the government issue more explicit legal regulations to support the creation, distribution, and use of OER, thereby providing a solid legal foundation for stakeholders, including lecturers, universities, and libraries.

Marine Litter Management Policy: State Responsibilities And The Role Of Local Wisdom Sirait, Yohanes Hermanto; Ai Permanasari
Jurnal Mulawarman Law Review Vol 5 No 1: Mulawarman Law Review - June 2020
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v5i1.307

Indonesia as the biggest maritime state has not only advantages but also obstacles in managing sea. Called potential because of its large resources but it also brings into a fact of the lack in exploitation of the sea. Such transportation and exploitation have caused a lot debris in the sea which is harmful. This article aims to examine state responsibility in prevent and tackle marine debris. It also aims to enhance local wisdom as solution. This article is normative juridical, using statute and conceptual approach. It is made deductive from specific issue into general issue based on primary, secondary, and tertiary legal materials. After collecting all material, this article then analyzes it qualitatively. The result show that state responsibility has been implemented only in level of regulation. Although some regulation has underlined local wisdom as important matter, in fact, Indonesia still in process of inventory related local wisdom and still far from enhancing the local wisdom as solution to prevent and tackle marine debris. These practices are different to some states which apply their local wisdom as one of solution. Therefore, Indonesia must collaborate legal policy and local wisdom to achieve higher result in preventing and tackling marine littering. A legal policy that born from the way of life in community may accepted better.

The Equation on the Justice for Migrant workers: The Urgency of Protection on Prevention Smuggled Migrant worker based on Indonesian laws Narwastuty, Dian; Sirait, Yohanes Hermanto; Alim R, Kevin
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 8 No 1 (2021): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v8i1.21630

Indonesia’s marine territory has become a big challenge for the Government of Indonesia to manage it. Nowadays, Indonesian marine has lot of regulation in the sea. But it’s cannot prevent the basic interest of all people that earnings life from there. A lot of migrant has been smuggled in and by Indonesian’s marine territory. The main concerns that arouse are: how should government give an equation for Indonesian migrant workers that are smuggled and how should the government put migrant workers protection to supply the equation for them. These questions will solve by a normative juridical study on the protection of natural resources and the resources of Indonesian fisherman. The study uses normative legal research which elaborated with conceptual approach from numbers of regulations that apply in marine labor law and employment law. This research is also complemented by a literature approach in the form of Indonesian legal literature and marine journals to address the issues raised in this paper. The findings in practice prove that the government should give more attention for the fisherman’s welfare and protection related to fish catching. The objective protection for Indonesian marine resources is from regulated all the regulation to develop Indonesia economic from Maritime sector. It is all needed to make a new system in legal protection for Fisherman and Marine Resources in Indonesia.

Marine Litter Management Policy: State Responsibilities And The Role Of Local Wisdom Sirait, Yohanes Hermanto; Ai Permanasari
Jurnal Mulawarman Law Review Vol 5 No 1: Mulawarman Law Review - June 2020
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v5i1.307

Indonesia as the biggest maritime state has not only advantages but also obstacles in managing sea. Called potential because of its large resources but it also brings into a fact of the lack in exploitation of the sea. Such transportation and exploitation have caused a lot debris in the sea which is harmful. This article aims to examine state responsibility in prevent and tackle marine debris. It also aims to enhance local wisdom as solution. This article is normative juridical, using statute and conceptual approach. It is made deductive from specific issue into general issue based on primary, secondary, and tertiary legal materials. After collecting all material, this article then analyzes it qualitatively. The result show that state responsibility has been implemented only in level of regulation. Although some regulation has underlined local wisdom as important matter, in fact, Indonesia still in process of inventory related local wisdom and still far from enhancing the local wisdom as solution to prevent and tackle marine debris. These practices are different to some states which apply their local wisdom as one of solution. Therefore, Indonesia must collaborate legal policy and local wisdom to achieve higher result in preventing and tackling marine littering. A legal policy that born from the way of life in community may accepted better.

Easy-Tracing Environmental Measures under WTO Law Sirait, Yohanes Hermanto; Afriansyah, Arie; Viet Dung, Tran
Lampung Journal of International Law Vol. 7 No. 1 (2025): Issue In progress (January 2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i1.4456

The intersection between trade and environmental issues has become an unavoidable reality in the contemporary global landscape. The WTO, as the foremost global trade body, integrates elements of sustainable development across several of its legal frameworks. This study seeks to explore the presence and evolution of environmental measures within the framework of the WTO. This research further examines the practical recognition of environmental measures within international trade contexts. Through normative research and comparative case studies of state disputes in WTO’ Dispute Settlement Body, this study identifies a growing trend in the use of environmental measures within WTO legal frameworks. The findings indicate that environmental measures possess a degree of legitimacy and are generally well-received by the WTO dispute settlement mechanism. Ambitious emission targets set by developed countries have contributed to the development of novel types of environmental measures.This indicates that the interconnection between trade and environmental concerns will continue to strengthen over time. Hence, ensuring a well-calibrated balance between trade obligations and environmental considerations requires the panel or Appellate Body to proceed with heightened prudence..

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