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All Journal Mataram Journal of International Law Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Diva Pitaloka
University of Mataram
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement Rusdianto Rusdianto; Diva Pitaloka
Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v8i1.37291

Abstract

In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.
Studi Kasus Putusan Permanent Court Arbitration (PCA) Tentang Sengketa Kepemilikan Zina Ekonomi Eksklusif (ZEE) Laut Cina Selatan Antara Republik Rakyat Cina (RRC) And Philipina Indra Wahyudi; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 1 No. 1 (2023): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v1i1.2974

Abstract

Penelitian ini bertujuan untuk mengetahui dan menganalisis dasar pertimbangan Permanent Court Arbitration (PCA) dalam memutus perkara konflik Laut Cina Selatan antara Philipina dan Republik Rakyat Cina (RRC) serta untuk menganalisis dampak dari putusan tersebut terhadap perkembangan hukum laut internasional khusunya yang berkaitan dengan Zona Ekonomi Eksklusif . Jenis penelitian dalam penulisan skripsi ini yaitu penelitian hukum normatif, dengan metode Pendekatan kasus (Case Approach ). Pendekatan Perjanjian Internasioanl, Pendekatan Historis, Pendekatan Konseptual ( Conseptual Approach). Adapun hasil dan kesimpulan dari penelitian ini yakni, Permanent Court Arbitration dalam pertimbangan-pertimbangannya terhadap putusan(Award) menyatakan bahwa, pengajuan pertama ini mencerminkan suatu keluhan tentang sumber hak maritim di Laut Cina Selatan dan tentang klaim RRC atas hak bersejarah. Bahwa Hak maritim RRC di Laut China Selatan, tidak dapat melampaui yang secara tegas diizinkan oleh Konvensi PBB tentang Hukum Laut. Apa yang disebut “ Nine Dash Line ” bertentangan dengan Konvensi dan tanpa efek hukum sejauh melebihi batas-batas geografis dan substantif hak maritim China yang secara tegas diizinkan oleh UNCLOS. Pasca putusan ( Penghargaan), perkembangan hukum laut internasional tidak mengalami perubahaan yang signifikan, khususnya yang berkaitan dengan Zona Ekonomi Eksklusif (ZEE). Dalam putusannya PCA memberikan penegasan bahwa, Klaim Historis tidak serta merta dapat memberikan suatu Negara hak terhadap Zona Ekonomi Eksklusif (ZEE).
Abuse Of Power And The Right Of Inviolability By Foreign Diplomats (A Case Study Of Espionage By The Australian Ambassador Against Indonesia In 2013) Denda Retno Pirdayanti; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.4575

Abstract

This research aims to analyze the abuse of diplomatic power by foreign diplomats, focusing on the case of Australian espionage against Indonesia in 2013. It evaluates the impact of this espionage on diplomatic relations, trust between the two nations, and the legal implications under international law, including state responsibility. This study employs normative legal research methods, combining document analysis, case studies, and a review of international legal literature. The findings highlight violations of international law, a deterioration in diplomatic relations, and a decline in trust. It underscores the need for fair enforcement of laws addressing breaches of diplomatic immunity. This research emphasizes the principles of international law, the responsibility of states for unlawful actions by diplomats, and the importance of strict oversight to uphold the integrity of diplomatic relations.
Immunity Of Foreign Embassies From Jurisdiction Of Indonesian Industrial Relations Court Of Indonesia (A Case Study of Decision Number 376 K/Pdt.Sus-Phi/2013) Fahar Fatoni; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.5120

Abstract

This research aims to determine the position of foreign embassies within the jurisdiction of the Indonesian Industrial Relations Court under the 1961 Vienna Convention and the implementation of foreign embassies’ diplomatic immunity by the Industrial Relations Court in Decision Number 376 K/Pdt.Sus-PHI/2013. This research uses a normative research method, employing both an international agreement approach and a conceptual approach. Foreign embassies enjoy several broad immunities from the jurisdiction of the receiving country. Courts in Indonesia cannot necessarily hear or decide cases involving foreign embassies. A special agreement is needed that allows diplomatic agents to comply with applicable laws in Indonesia, and this must be submitted separately. Diplomatic representatives are parties who can be involved in industrial relations dispute cases at the Industrial Relations Court. Under the 1961 Vienna Convention, these immunities and privileges are not absolute, and the receiving country has the power to reject diplomatic representation considered problematic or persona non grata.
Protection of The Rights of Rohingya Children as Refugees in Indonesia From The Perspective of International Law And Indonesian National Law Lina Yulia Nopiyanti; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.5714

Abstract

This research aims to analyze the forms of human rights (HR) protection for Rohingya ethnic refugee children. Additionally, it examines the implementation of human rights protections. This study employs normative legal research using a statutory approach, utilizing secondary data sourced from literature studies, documents, and expert views. The protection of human rights for Rohingya refugee children is regulated in various international conventions, covering the most fundamental (non-derogable) rights, including the right to education, health, freedom of religion, and others. Measures to protect the human rights of the refugee children involve legal steps that adopt several legislative policies related to child protection, including refugee children, as well as steps to engage in international cooperation with organizations like the UNHCR (United Nations High Commissioner for Refugees) and IOM (International Organization for Migration).
JURIDICAL ANALYSIS OF THE EUROPEAN UNION’S ANTI-DUMPING MEASURES ON BIODIESEL IMPORTS FROM INDONESIA: A CASE STUDY OF WORLD TRADE ORGANIZATION (WTO) DISPUTE SETTLEMENT BODY DECISION NO. DS480 Safiya Dwi Aprilia; Diva Pitaloka
Mataram Journal of International Law Vol. 4 No. 1 (2026): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/xkseh775

Abstract

This study provides a juridical analysis of the anti-dumping duties imposed by the European Union on biodiesel imports from Indonesia, focusing on the case study of World Trade Organization (WTO) Dispute Settlement Body (DSB) Decision No. DS480. The research questions addressed in this study are: what legal measures can Indonesia take to implement the DSB decision, and how can the implementation of such decision protect the national biodiesel industry from unfair trade practices? This study employs a qualitative normative juridical method, using official WTO documents, international agreements, and relevant regulations as primary legal materials. The findings show that the WTO Panel ruled that the European Union’s anti-dumping measures were inconsistent with the Anti-Dumping Agreement and the General Agreement on Tariffs and Trade 1994, particularly in relation to the determination of production costs, the calculation of dumping margins, and the evidence of injury to the domestic industry. This decision requires the European Union to adjust its measures in accordance with the applicable principles of international trade law and strengthens Indonesia’s position in multilateral forums.
TANGGUNG JAWAB PRODUSEN PESAWAT UDARA TERHADAP KECELAKAAN PESAWAT BERDASARKAN HUKUM UDARA INTERNASIONAL Imanika Srimulyandari; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 3 No. 2 (2025): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ye4xd019

Abstract

This research aims to analyze the form and application of responsibility carried out by manufacturers to the families of victims of aircraft accidents based on international air law. This research examines the cases of Boeing 737 Max, Airbus Helicopters EC130 B4, and F-35 Lightning II, all of which show design defect, manufacturing defect, and failure to warn. The research method used is normative law with a conceptual, international agreements, statute and case approach. Data was collected from primary, secondary, and tertiary legal materials including the results of accident investigation reports and other supporting data. The results show that producer responsibility has not been regulated directly in international air law such as the 1999 Montreal Convention, therefore the lawsuit relies on the principles of product liability and strict liability in the national legal system, especially the United States, so that there is a legal gap that creates legal uncertainty for parties who feel harmed by an aircraft accident. This study considers the need for international air law reform that includes aircraft manufacturers as parties who should be held liable for aircraft accidents to ensure international aviation safety and victim protection.
ANALISIS PROVISIONAL MEASURES ICJ ATAS KASUS DUGAAN GENOSIDA DI GAZA: STUDI KASUS SENGKETA AFRIKA SELATAN V. ISRAEL Sirtufillaeli; Muh Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 3 No. 2 (2025): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jd03ef37

Abstract

This study aims to examine the legal considerations of the International Court of Justice (ICJ) in issuing provisional measures and their impact on the situation in Gaza. The research employs a normative legal method with a case study approach, focusing on the South Africa v. Israel dispute and relevant international treaties. The legal materials used in this research include both primary and secondary sources, collected through library research. The ICJ established that it had prima facie jurisdiction and issued an order for provisional measures on 26 January 2024, which was subsequently reinforced by additional orders on 28 March and 24 May 2024. These measures were grounded in the need to protect certain rights that were plausibly at risk, the link between those rights and the requested measures, and the potential for irreparable harm if urgent action was not taken. In these orders, Israel was instructed to prevent acts that could be classified as genocide and to preserve evidence. Provisional measures issued by the ICJ are binding in nature, as affirmed in paragraph 109 of the Court's 2001 LaGrand case judgment. However, while binding, such measures are not enforceable in the sense that the ICJ lacks coercive authority to compel state compliance. Moreover, the presence or absence of specific intent (dolus specialis) is crucial in determining whether acts constitute genocide. Even if acts meet the threshold of international crimes, without this specific intent, they may not be classified as genocide.
Co-Authors Denda Retno Pirdayanti Fahar Fatoni Imanika Srimulyandari Indra Wahyudi Lina Yulia Nopiyanti Muh Risnain Muh. Risnain Rusdianto Rusdianto Safiya Dwi Aprilia Sirtufillaeli