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All Journal Dialogia Iuridica JURNAL RECHTENS Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Yustisia Tirtayasa: Jurnal Tugas Akhir Hang Tuah Law Journal Probono and Community Service Journal Tirtayasa Journal of International Law Civic Education Law and Humaniora : Jurnal Pengabdian Masyarakat Terintegrasi
Mokhamad Gisa Vitrana
Department Of International Law, Faculty Of Law, Universitas Sultan Ageng Tirtayasa
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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 1 
Safeguarding the Rights of Indonesian Migrant Workers: Legal Counseling in Pabuaran and Sindangsari Assisted Villages Hilton Tarnama Putra M; Danial Danial; Surya Anom; Belardo Prasetya Mega Jaya; Mokhamad Gisa Vitrana; Hera Susanti; Yeliana Septiani Noor; Khotimah Estiyovionita; Tiara Destia Herman
Probono and Community Service Journal Vol 2, No 1 (2023): Education and Socialization of Community Legal Awareness
Publisher : Faculty of Law, Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/pcsj.v2i1.20000

Abstract

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, established in 1990, provides general regulations for the legal protection of migrant workers. Indonesia has adopted this convention by ratifying it through Law No. 6 of 2012 on the Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Further specific regulations on the protection of Indonesian migrant workers are outlined in Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers. The protection of Indonesian migrant workers involves three stages: pre-employment protection, protection during employment, and post-employment protection. These stages require direct involvement from the state in providing adequate protection. The International Law Department of the Faculty of Law at Universitas Sultan Ageng Tirtayasa, in collaboration with the Pabuaran and Sindangsari Villages in Serang Regency, Banten Province, conducted a community service program that offered legal services to villages that serve as sources of migrant workers within the Untirta Sindangsari campus.
Peningkatan Pemahaman Nilai-Nilai Anti Korupsi Guru Dan Siswa Di Lingkungan Sekolah Sman 1 Kota Serang Provinsi Banten Eki Furqon; Ahmad Rayhan; Mokhamad Gisa Vitrana; Muhamad Muslih
Civic Education Law and Humaniora : Jurnal Pengabdian Masyarakat Terintegrasi Vol 1 No 2 July 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37905/celara.v1i2.22483

Abstract

Instilling anti-corruption values is something that must be done from children to adults, and is done anywhere, even in schools or learning places, especially for high school students in Serang City. These Anti-Corruption Values must be taught and practiced in schools so that they can be brought and practiced to society by students, so that opportunities for committing Corruption in everyday life can be minimized. Teachers as educators also have an important role in directing students not to commit corruption, no matter how small, in real life. The instillation of Anti-Corruption Values is in accordance with the 9 Integrity Values issued by the Corruption Eradication Commission which are believed to be able to prevent criminal acts of corruption, namely including the values of "honesty, caring, independence, discipline, responsibility, hard work, simplicity, courage and fairness." ”. Methods for Increasing Understanding of Anti-Corruption Values are carried out through Socialization and Dialogue with Students of SMAN 1 Serang City and Training of Trainers for Teachers of SMAN 1 Serang City, Program for Increasing Anti-Corruption Values for Teachers and Students in the SMAN 1 City School Environment Serang is an application of the JAWARA Values (Honest, Fair, Dignified, Trustworthy, Religious and Accountable) at Sultan Ageng Tirtayasa University in eradicating criminal acts of corruption both on campus and in the communities of Serang and Banten cities. Apart from that, this activity to increase Anti-Corruption Values is also an embodiment of Untirta's vision of "Character", so this is Untirta's commitment to creating not only students but also people with character, so that this activity to increase Anti-Corruption Values is one of UNTIRTA's commitments. to move together with the community in eradicating corruption and becoming a spring that refreshes the thirst of the surrounding community. One of the efforts made by universities in the Anti-Corruption Values Improvement program is by providing outreach to students of SMAN 1 Serang City as well as Training of Trainers for Teachers of SMAN 1 Serang City. It is hoped that this socialization activity can instill an anti-corruption culture for students at SMAN 1 Serang City and become a guide for teachers at SMAN 1 Serang City in directing students to reject all forms of corruption from various small things in everyday life. So that an Anti-Corruption Culture can be created, especially in Serang City.
Kehancuran Benda Cagar Budaya Saat Konflik Bersenjata: Eksistensi Blue Shield Emblem Mokhamad Gisa Vitrana; Anna Anindita Nur Pustika
Dialogia Iuridica Vol. 15 No. 1 (2023): Dialogia Iuridica Journal Vol. 15 No. 1 Year 2023
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v15i1.6586

Abstract

The intentional destruction of cultural heritage in armed conflict that is not used for military purposes causes the greatest losses of mankind. Lots of cultural properties have great value as the cultural heritage of mankind. Creating the distinctive emblem through the 1954 Hague Convention and its two Protocols d become a crucial way in terms of the protection of cultural properties. Based on these instruments, three categories of distinctive emblem gave for cultural properties over general, special and enhanced protection. It could impact cultural property under unnecessary damage when armed conflict occurred. Therefore, this research d a crucial basic issue on how form, function, and assignation of the distinctive emblem should be, based on the provisions of the 1954 Hague Convention and its two Protocols, as well as related International Humanitarian Law. As the result of this research, it can be said that the existence of a distinctive emblem is remained unclear in terms of its size form and assignation on cultural property. This research ed that the use of distinctive emblem shall be regulated by decisive provisions through a Convention or such a guideline of implementation so that distinctive emblem can be seen by the dispute parties to avoid unnecessary damage to cultural property.
Dinamika Hak Lintas Damai dalam Perspektif Indonesia Mokhamad Gisa Vitrana; Syakhila Bella Maulidya
Yustisia Tirtayasa : Jurnal Tugas Akhir Vol. 3 No. 3 September-December 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/yta.v3i3.22130

Abstract

Territorial sovereignty of the States over the sea has an exceptional contra from several the big maritime States: can their ships sail over a territorial water of the states. The history of international society has created that the seas was open for the ships of all States even sailing in waters near the coast of the States without being bound by any law. Nowadays, unfortunately sailing activities are not unlimited, but those activities are assured with a Right of Innocent Passage which is regulated by several international laws, especially the 1982 United Nation on the Law of the Sea. Apparently, the implementation of the Right of Innocent Passage falls into different perspective of State Parties. Furthermore, Indonesia is one of the State Parties to the 1982 United Nation on the Law of the Sea that already has regulations regarding the Right of Innocent Passage. This article focuses on the development the Right of Innocent Passage from its early history of its formation, codification effort by the international society and its implementation in Indonesia law.
Cancel Culture as a Sanction for Members of the Academic Community Involved in Sexual Violence Vitrana, Mokhamad Gisa; Islamiah, Kiki Rizki; Oktavianus, Afriman
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol. 4 No. 2 Desember 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v4i2.28371

Abstract

Imposing sanctions on academics involved in sexual violence on campus is often challenging, mostly because of the significant influence these individuals wield over academic advancement and institutional growth. This influence often leads to disappointment among victims and the campus community, as the sanctions imposed tend to be lenient. Relevant aspects of sexual violence committed by members of the academic community, particularly academic perpetrators, such as his scientific works, programs, and other academic initiatives, often continue to receive special recognition on campus. This is despite their close connection to the acts of sexual violence committed. On the other hand, cancel culture has emerged as a new form of sanction, primarily created through social media, reflecting public disappointment toward individuals who violate societal norms. Cancel culture, as a form of public sanction, has a significant impact on norm violators, resulting in their rejection by the public and the dismissal of their associated works. However, the Indonesian Minister of Education, Culture, Research, and Technology Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education Institutions does not specifically include cancel culture as a sanction. The purpose of the research focuses on the extent to which cancel culture can be applied as a sanction for members of the academic community involved in sexual violence. This research uses a normative method with qualitative descriptive data analysis.
Community Empowerment: Exploring Food Safety and Halal Standards Through International Law Approach Sitamala, Afandi; Johan, Eva; Vitrana, Mokhamad Gisa; Anom, Surya; Danial, Danial; Putra, Hilton Tarnama; Susanti, Hera; Hany, Elbirra Malida; Rosita, Ita; Oktrian, Pryanka Ceza; Kania, Sekar Puteri
Probono and Community Service Journal Vol 3, No 2 (2024): Issue October 2024
Publisher : Faculty of Law, Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/pcsj.v3i2.30271

Abstract

This study addresses the critical need for increased understanding of halal product certification among Micro and Small Enterprises (MSEs) in Pasanggrahan Village, Indonesia. Halal compliance, encompassing raw materials, production processes, and storage, is essential but difficult for consumers to verify without certification. The Indonesian government, through Law No. 33 of 2014, aims to ensure halal product availability, safety, and value for businesses. This research focuses on empowering local communities by combining halal education and legal counseling to enhance MSEs' understanding of halal certification. The findings highlight the importance of joint supervision and collaboration with village officials to ensure compliance and support local enterprises. This study contributes to improving halal certification awareness and strengthens the legal framework for halal product assurance in Indonesia.
Contesting Genocide: South Africa’s Legal Standing and International Court of Justice’s Reach Over Israel Asasiyah, Aulia Randits Maulida; Danial, Danial; Vitrana, Mokhamad Gisa; Hambali, Hambali; Anom, Surya
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31695

Abstract

The lawsuit filed by South Africa against Israel regarding alleged acts of genocide against Palestinians, submitted to the International Court of Justice (ICJ) on December 29, 2023, raises a central legal issue concerning South Africa’s legal standing under Article IX of the 1948 Genocide Convention and the Statute of the ICJ. This study adopts a normative juridical approach using a case study method with descriptive-analytical specifications, based on secondary data obtained through literature review. The analysis is grounded in international legal theory, particularly the jurisdiction of international courts and the principle of obligations erga omnes partes. The results show that South Africa holds legal standing to bring the case, as the Genocide Convention grants all State Parties the right to raise disputes regarding violations, regardless of direct involvement. However, the ICJ’s jurisdiction remains contingent upon mutual consent, which Israel has denied. This rejection poses a barrier to judicial resolution. Therefore, South Africa may need to pursue diplomatic and multilateral efforts to secure jurisdictional recognition and strengthen evidentiary claims related to the alleged acts of genocide. This research contributes to the scholarly discourse by reinforcing the applicability of the erga omnes partes principle in genocide-related disputes and by offering a legal analysis of jurisdictional constraints at the ICJ, thus providing a valuable reference for understanding third-party state standing and the enforcement limits of international adjudication in politically sensitive cases.
Melindungi Keraton Surosowan pada Masa Perang dengan Blue Shield Emblem Vitrana, Mokhamad Gisa; Oktavianus, Afriman; Hanifah, Amiratul Aulia; Oktrian, Pryanka Ceza
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.256

Abstract

Deliberate destruction of cultural heritage with outstanding universal value during war is an international crime. While efforts to protect cultural heritage in wartime have been coordinated through the 1954 Hague Convention with its Blue Shield Emblem, numerous cultural sites have still been destroyed in the last decade. This issue is compounded by the varying implementation of these prtections among states. Despite Indonesia ratifying the Convention in 1966, it has struggled to properly implement the Blue Shield Emblem for its cultural heritage sites. No country is entirely safe to the risk of war, especially given the increasing conflicts in recent years. This research examines the challenges of applying the Blue Shield Emblem to the Surosowan Palace, a significant cultural heritage site in Serang City, Indonesia. The Surosowan Palace holds historical value as a symbol of the Indonesian national identity, particularly as the Banten Kingdom was a vital trading hub in Southeast Asia from the 14th to the 17th centuries. This study uses a socio-legal method, drawing on data from interviews with key informants, to explore the barriers and gaps in protecting Surosowan Palace. This research highlights Indonesia's need for regulatory adjustments to implement the 1954 Hague Convention and emphasizes the inclusion of Surosowan Palace as a Blue Shield Emblem cultural heritage site.
Doktrin Business Judgment Rule dalam UU BUMN: Batas Tanggung Jawab Direksi dalam Tindak Pidana Korupsi Setiawati, Anisa Deny; Gisa Vitrana , Mokhamad
JURNAL RECHTENS Vol. 14 No. 1 (2025): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i1.4256

Abstract

The Board of Directors of BUMN Persero possesses extensive authority in the realm of business decision-making; however, it also faces the risk of criminalization should its decisions lead to financial losses for the state. This study is predicated upon the multitude of corruption cases that have implicated BUMN directors and the ambiguous demarcation between permissible business risks and criminal acts. Law No. 1 of 2025 has formally established the Business Judgment Rule as a protective measure for the Directors of BUMN Persero. The objective of this article is to analyze the extent to which the limitations of this principle are enforced within the context of criminal liability. The methodology employed in this research is normative juridical encompassing a qualitative analysis of legislation. The findings of this study suggest that the implementation of the Business Judgement Rule can safeguard directors, provided that it is executed with good faith, due diligence, and professional responsibility; however, such protection is nullified in instances of abuse of authority or legal transgressions. ABSTRAK Direksi BUMN Persero memiliki kewenangan yang luas dalam mengambil keputusan bisnis, tapi juga rentan terhadap kriminalisasi jika keputusan yang diambil menimbulkan kerugian negara. Penelitian ini didasarkan dari banyaknya kasus korupsi yang melibatkan direksi BUMN dan belum jelasnya batasan antara risiko bisnis yang wajar dan tindak pidana. UU No 1 Tahun 2025 telah menetapkan prinsip Business Judgement Rule sebagai bentuk perlindungan bagi Direksi BUMN Persero. Penelitian ini bertujuan menganalisis sejauh mana batasan prinsip tersebut diterapkan dalam konteks pertanggungjawaban pidana. Penelitian ini menggunakan pendekatan analisis hukum normatif dengan metode kualitatif terhadap perundang-undangan. Temuan dari penelitian ini mengindikasikan bahwa penerapan Business Judgement Rule dapat malindungi direksi selama dilakukan dengan itikad baik, kehati-hatian dan tanggung jawab profeisonal, tapi tidak berlaku jika terjadi penyalah gunaan wewenang atau pelanggaran hukum Kata Kunci: BUMN; Pertanggungjawaban; Direksi; Business Judgment Rule; Korupsi.
Co-Authors Afandi Sitamala Afriman Oktavianus Ahmad Rayhan Anna Anindita Nur Pustika Anom, Surya Anom, Surya Asasiyah, Aulia Randits Maulida Danial Danial Danial, Danial Danial, Danial Eki Furqon Hambali, Hambali Hanifah, Amiratul Aulia Hany, Elbirra Malida Hera Susanti Hilton Tarnama Putra M Islamiah, Kiki Rizki Jaya, Belardo Prasetya Mega Johan, Eva Kania, Sekar Puteri Khotimah Estiyovionita Muslih, Muhamad Oktavianus, Afriman Oktrian, Pryanka Ceza Putra, Hilton Tarnama Rosita, Ita Setiawati, Anisa Deny Surya Anom Susanti, Hera Syakhila Bella Maulidya Tiara Destia Herman Yeliana Septiani Noor