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IMPLIKASI PENAMBANGAN EMAS ILEGAL PADA MASYARAKAT ADAT YONAMAMI AMAZON BRASIL Diyani, Trini; Allagan, Tiurma Mangihut Pitta
Jurnal Hukum & Pembangunan Vol. 52, No. 2
Publisher : UI Scholars Hub

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The study seeks to understand the implications of mining on the rights of the Yanomami Indigenous Peoples of theBrazilian Amazon. Brazil has great potential for mining activities in the future. However, in recent years there has been a large number of illegal gold mining activities contributing greatly to the environment both physically and socially. Illegal mining leads to clashes between miners and the Yanomami tribe as well as severe environmental degradation. These miners are estimated to account for about a third of Brazil's gold production. Illegal gold mining in the Amazon increases deforestation and water pollution resulting in deforestation of the Amazon jungle. The illegal gold mining that occurs in the Yanomami Indigenous Tribe has been contrary to the nawacita spirit of the International Labour Convention No. 169 of 1989. The Inter-American Commission on Human Rights (IACHR) recommends that the government take preventive and curative measures to protect the Yanomami indigenous area.

ANALISIS PERBEDAAN PERATURAN DAFTAR NEGATIF INVESTASI DAN DAMPAKNYA PADA POLITIK HUKUM INVESTASI DI INDONESIA Salsabila, Sofha; Allagan, Tiurma Mangihut Pitta
JURNAL DARMA AGUNG Vol 31 No 6 (2023): DESEMBER
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v31i6.3856

The Investment Negative List (DNI) regulations are a vital instrument in regulating foreign and domestic investments in Indonesia. This article discusses the significant changes that have occurred in the DNI regulations over time and how these changes have influenced the framework of Indonesia's investment policies. This research conducts an in-depth analysis of the differences in the Investment Negative List (DNI) regulations applied in various periods in Indonesia and their impact on investment law and policy. The research methodology will use normative juridicial research that involves the analysis of DNI regulation documents, investment policies, and relevant literature. The results of the analysis reveal that changes in the DNI regulations reflect a shift in Indonesia's investment law and policy perspective, moving from a more restrictive approach to a more open stance towards investment.

TINJAUAN HUKUM PERDATA INTERNASIONAL ATAS PERKAWINAN PENGUNGSI ROHINGYA DI INDONESIA Rajagukguk, Chelsea Raphael; Allagan, Tiurma Mangihut Pitta
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/3g6myh92

This research explores the Private International Law (PIL) dimensions of marriages involving Rohingya refugees in Indonesia. As a transit country that has not ratified the 1951 Refugee Convention or its 1967 Protocol, Indonesia faces legal and administrative challenges in registering marriages of Rohingya refugees, either with Indonesian nationals or among themselves. Despite having the right to marry and establish families, as recognized by Article 16 of the Universal Declaration of Human Rights and Indonesia’s 1945 Constitution, they encounter significant barriers. Using a doctrinal approach, the study analyzes these issues through the lens of PIL principles and Indonesia’s existing legal framework, including the Marriage Law, Population Administration Law, Citizenship Law, Presidential Regulation Number 9 of 1975, and the 2023 Draft Bill on Indonesian PIL. The stateless status of Rohingya refugees complicates the registration of their marriages, often resulting in invalid or unregistered unions. The research focuses on determining the applicable law regarding the formal and material requirements for marriage in these cases and argues that adopting the lex loci celebrationis principle could provide a viable legal solution. It concludes by recommending the issuance of official recognition certificates for unregistered refugee marriages and the provision of citizenship for Rohingya individuals who marry Indonesian citizens, in order to uphold their fundamental human rights.

TINJAUAN HUKUM PERDATA INTERNASIONAL ATAS PERKAWINAN PENGUNGSI ROHINGYA DI INDONESIA Rajagukguk, Chelsea Raphael; Allagan, Tiurma Mangihut Pitta
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/3g6myh92

This research explores the Private International Law (PIL) dimensions of marriages involving Rohingya refugees in Indonesia. As a transit country that has not ratified the 1951 Refugee Convention or its 1967 Protocol, Indonesia faces legal and administrative challenges in registering marriages of Rohingya refugees, either with Indonesian nationals or among themselves. Despite having the right to marry and establish families, as recognized by Article 16 of the Universal Declaration of Human Rights and Indonesia’s 1945 Constitution, they encounter significant barriers. Using a doctrinal approach, the study analyzes these issues through the lens of PIL principles and Indonesia’s existing legal framework, including the Marriage Law, Population Administration Law, Citizenship Law, Presidential Regulation Number 9 of 1975, and the 2023 Draft Bill on Indonesian PIL. The stateless status of Rohingya refugees complicates the registration of their marriages, often resulting in invalid or unregistered unions. The research focuses on determining the applicable law regarding the formal and material requirements for marriage in these cases and argues that adopting the lex loci celebrationis principle could provide a viable legal solution. It concludes by recommending the issuance of official recognition certificates for unregistered refugee marriages and the provision of citizenship for Rohingya individuals who marry Indonesian citizens, in order to uphold their fundamental human rights.

The Role of the NYPE Inter-Club Agreement as a Modular Apportionment Mechanism for Cargo-Claims across Multiple Jurisdictions Allagan, Tiurma Mangihut Pitta; Bayuputra, M. Rizky
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The New York Produce Exchange Inter-Club Agreement (the 'ICA') is a staple maritime cargo claims provision incorporated into popular charter party forms, the NYPE46, ASBATIME, and NYPE15. It mechanically regulates cargo liability apportionment between charterers and shipowners mechanically for quick dispute resolution. This study aimed to examine the use and application of the ICA through a private international law lens to evaluate the ICA’s choice of law (being English law). ICA is an independent contract applicable to national legislation or any international convention, such as the Hague Rules, Hague-Visby Rules, and Hamburg Rules. It protects the commercial interests of shipowners and charterers and accommodates mandatory rules imposed by each jurisdiction. Furthermore, the popularity of ICA throughout the maritime industry as an apportionment mechanism was also determined by evaluating previous cases handled by English, Australian, and American Federal courts. Its importance in solving inconsistencies within maritime law on cargo apportionment and the perspective of ICA under the private international conflict of laws were also examined. Library research Involved studying conventions, statutes, and well-established cases of conflict of laws, private international law, cargo claims, and the ICA.

The International Centre for the Settlement of Investment Dispute (ICSID) Annulment Reform: a Lesson Learned From the World Trade Organization Struggle Simbolon, Putu George Matthew; Allagan, Tiurma Mangihut Pitta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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This article expresses how ICSID can learn from the WTO’s current struggles due to the Appellate Body vacuum. To achieve that, this article consists of three discussions. The first discussions analyze the uncertainties caused by the vagueness of International Investment Law’s (IIL) absolute standards, due to the absence of a multilateral investment treaty. The second discussion expresses the elements of the Multi-Party Interim Arbitration Arrangement (MPIA Arrangement) that shall be taken into account by ICSID. The third discussion provides how the current ICSID annulment mechanism shall be reformed. Those issues are answered through doctrinal research in a prescriptive manner. In the first discussion, the IIL’s absolute standards consisting of Fair and Equitable Treatment (FET) and Full Protection and Security (FPS) have unclear parameters. Such vagueness is caused by the absence of a multilateral investment agreement. The second discussion explains that ICSID shall transpose the MPIA authority to change its member’s national law. This discussion also presents the consistent practice by the WTO Dispute Settlement Body based on the WTO's substantial rules, as a situation doesn’t exist in IIL. Finally, ICSID needs to expand its annulment scope by ensuring the disputing party’s substantial rights. This article expresses that while it is not the IIL’s duty to unify its material norms due to its dynamic nature, it has to ensure that the disputing parties’ substantial and procedural rights are reasonably taken into account.

Analysis of the Implications of the Water Convention and Protocols for Water and Health Jusuf, Ester Indahyani; Allagan, Tiurma Mangihut Pitta; Eryando, Tris
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Many international conventions contain positive values for humanity, which are in line with the human rights values guaranteed by our country’s constitution. The Indonesian state constitutionally guarantees the right of every Indonesian citizen to live a healthy and prosperous life, including providing water for every Indonesian citizen. However, it turns out that the Indonesian State has so far chosen not to ratify or access the Water Convention and the Water and Health Protocol, the contents of which are the good intentions of the countries participating in the convention to maintain the availability and quality of world water. This article provides a descriptive overview and comparison between the standards of the Water Convention and the Protocol on Water and Health of WHO (the Water Convention), alongside relevant Indonesian laws, namely Presidential Regulation of the Republic Indonesia Number 37 of 2023. Despite the participation of 52 states to the Water Convention 1992, Indonesia has yet to do so. The government of Indonesia has made numerous efforts that are in line with the objectives and contents of the Water Convention. However, it is undeniable that Indonesia will encounter problems and challenges if it pursues the process of accession. The problems might emerge from the perspectives of legal, public health, as well as social and economic. Considering the potential logical consequences, this article suggests Indonesia is currently adhering to the stipulation outlined in the Water Convention despite the absence of willingness to accede to it. The research employs a doctrinal approach, concurrently examining the norms and regulations inherent in the Water Convention and the newly Indonesian regulation on water management and the standards of water. Research question: Is the attitude of the Indonesian State not to ratify or access the Water Convention and the Water and Health Protocol contrary to the constitution and the principles given to Indonesian Human Rights, namely the right to life?This question was born by considering sociological rules or legal policies that one of the requirements for humans to be able to live is health. One way for human swimmers to be healthy is the availability of water in good quantity and quality throughout their lives. This research uses a public policy analysis approach, especially the theory of George C. Edwards III, with observations of state financial administration in the process of implementing human rights. The novelty of this article predicts the impact of the ratification of the Water Convention and the Water and Health Protocol for the Indonesian people; The contestation includes human rights in the field of clean water by including human rights in other fields as well as Indonesia’s political economic interests.

Competent Forum and Applicable Law in Personal Data Protection with a Foreign Element Adhiwisaksana, Muhammad Faqih; Allagan, Tiurma Mangihut Pitta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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This research analyses on personal data protection with a foreign element as a private international law issue, focusing on competent forum and applicable law. The author uses a juridical-normative research method with literature studies to explain the relevant private international law principles, as well as Indonesian laws and regulations surrounding competent forum and applicable law regarding competent forum and applicable law on personal data protection with a foreign element. The study found that various private international law principles may be used to determine the applicable law in personal data protection with a foreign element dispute, such as nationality, place where the tort occurred, or center of gravity. Indonesian courts are also competent to examine personal data protection with a foreign element case under Indonesian law. This study also elaborates practical implementation personal data protection with a foreign element, in particular on the competent forum and applicable law, as shown in the businesses Intercompany Agreement on Data Processing by X group company and in a cross-border acquisition transaction.

The Indonesian Guardianship and Indonesian Private International Law Allagan, Tiurma Mangihut Pitta; Himmah, Dinda R; Hisana, Amirah
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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The increasing of number of cross-border legal relationships, especially family legal relationships, is inevitable. For instance, it is also commonly accepted for a foreign national to have a legal-bond with children from another country, which is also known as intercountry adoption, guardianship and fostership. This paper aims to analyze and classify guardianship involving international dimension within the jurisdiction of Indonesia. The examination of this legal question would be on the basis of Indonesian Private International Law (PIL). The choice of law and the choice of jurisdiction are the basic analysis, further, as to whether the guardianships are in line with the prevailing regulations and mirroring the principle of the best interest of the child. The importance of this research question is in line with the consideration that the varied classification of custody leads to different legal consequences as well; both to the children and the parents, either the biological parents or the non-biological parents of the children.

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