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Journal : Jurnal Pranata Hukum

EFEKTIVITAS ASEAN CONVENTION ON COUNTER TERRORISM DI DALAM MEMBERANTAS PEMBAJAKAN DI WILAYAH PERAIRAN ASIA TENGGARA Rafi Darajati; Muhammad Syafei
PRANATA HUKUM Vol 14 No 2 (2019): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v14i2.74

Abstract

Countries in Southeast Asia in the past period are still faced with several acts of piracy and terrorism in the territorial sea. Piracy has a negative effect that is felt by the international community. In this paper, the author aims to focus the discussion on how to implement the ASEAN Convention on Counter Terrorism in overcoming the problem of terrorism in the seas around Southeast Asia. This research is normative juridical conducted by examining library materials or secondary data as basic material to be investigated by conducting a search of the regulations and the literature relating to the problems under study. The results of the study showed that at the convention there was a reference to jointly handling the problem of terrorism in the Southeast Asia region. The implementation of the convention in piracy cases in the waters around Southeast Asia is carried out through the principle of cooperation. However, the implementation of the convention has not been effective because it still faces several obstacles such as the nature of responses to situational terrorism, constraints on state sovereignty and the principle of non-interference among members, differences in sea area awareness.
KONSEP UNITED NATIONS GLOBAL COMPACT DALAM ISU HAK ASASI MANUSIA UNTUK TERWUJUDNYA CORPORATE SUSTAINABILITY Muhammad Rafi Darajati; Muhammad Syafei
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.183

Abstract

The presence of multinational corporations as one subjects of international economic law has had a significant influence in international economic relations. A corporation certainly can give a big contribution in social, economic, and cultural progress. But, on the other side, we are also faced by many processes which bring adverse impact to societies, loss the sources of the society life or at more serious level is the violations of human rights in the sector of corporate activity. This article aims to see how the international community’s effort in issues related to the company in the business filed when dealing with human rights. One of efforts undertaken by the international community was made an initiative name with United Nations Global Compact. Author use juridical-normative research method with literature studies. According to the result of studies, can be seen that the ultimate goal of initiative is to create a sustainable world economy. By the presence of this initiative, we hope that businesses which run a multinational company may enforce the values and principles that have been established in United Nations Global Compact, on of which is the respect of human rights.
URGENCY OF STRENGTHENING INDONESIA BORDER AREA MANAGEMENT Muhammad Rafi Darajati; Muhammad Syafei
PRANATA HUKUM Vol 17 No 1 (2022): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i1.265

Abstract

The presence of Law Number 43 of 2008 concerning State Territory (State Territory Law) shows the seriousness of the Indonesian Government in managing border areas. Even so, there are still many problemsin border area management that need solutions to be found. This is related to the issue of the authority to manage border areas and the institution for controlling national borders as regulated in State Territory Law. This article aims to analyze the reasons for the need to strengthen border area management. The research method in this article is a normative juridical approach presented in analytical descriptive. This article concludesthat State Territory Law has not been optimally implemented to encourage the realization of the border area as Indonesia's front porch. Therefore, the revision of State Territory Law is urgent to be carried out, especially related to the management of border areas where this needs to become a separate law, unlike currently which is only a subpart of State Territory Law. Meanwhile, related to institutions, the National Agency for Border Management needs to be strengthened in its authority in managing border areas, not only for cross-agency coordination but also to be able to carry out executions. This strengthening can even reach the stage of increasing the institutionalstatusin managing border areas, namely to the Ministry stage.
COMPARATIVE STUDY OF THE CONSTITUTIONAL COURT AS A GUARDIAN OF THE CONSTITUTION BETWEEN INDONESIA AND GERMANY Chatrine Sabendi Putri; Muhammad Rafi Darajati
PRANATA HUKUM Vol. 17 No. 2 (2022): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v17i2.289

Abstract

After years of being formed, the Indonesian Constitutional Court is considered to have carried out its duties and functions well. However, if we look further, there are still shortcomings and several things that the Indonesian Constitutional Court has not accommodated in carrying out its duties and functions compared to the German Constitutional Court which is known to the world as one of the Constitutional Courts which is often used as a reference by other countries in the establishment of the Constitutional Court. This article will discuss the differences between Indonesian Constitutional Court and German Constitutional Court which aims to sort out the positive things that can be an improvement material for the Indonesian Constitutional Court to strengthen the Indonesian Constitutional Court. This writing uses a normative writing method with a comparative approach and a historical approach. The results of this study show that there are several arrangements from the German Constitutional Court that can actully be applied by the Indonesian Constitutional Court such as the authority of constitutional complaints and constitutional questions, arrangements regarding the expansion of the applicant party in the application for dissolution of a political party to the Constitutional Court, and regarding the elimination of re-election for a constitutional judge and also about the addition of their term of office.
EFFECTIVENESS OF CPO OIL EXPORT PROHIBITION POLICY: (CASE STUDY ON COMMUNITIES IN BORDER REGIONS) Oktaviani Yenny; Muhammad Rafi Darajati
PRANATA HUKUM Vol. 18 No. 1 (2023): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i1.298

Abstract

Policy on the Prohibition of the Export of CPO Oil by the Government with the issuance of a moratorium through Minister of Trade Regulation No. 22 of 2022 on April 28, 2022. This moratorium is a form of government protection that prioritizes the interests of the people over the fulfillment of cooking oil needs for domestic purposes. After almost a month of implementing the policy, the government finally reopened the export of CPO and its derivatives starting May 23, 2022. This policy certainly caused problems, especially in the purchase of fresh fruit bunches (FFB) of palm oil. The purpose of this study is to discuss the impact of the policy of banning the export of CPO and its derivative products to oil palm farmers in the Border. The company's unilateral FFB price fixing, the shift of border oil palm farmers selling their FFB and the shifting of CPO demand to competitors from other countries are the inevitable impacts of the CPO export ban. The research method uses descriptive qualitative. Data was collected by observation and in-depth interviews. Withdrawal of informants is done purposely. The data was analyzed using the Miles and Huberman interactive model, which started with data collection, data reduction, data presentation and drawing conclusions. The results show that the impact of the export ban policy is very large on oil palm farmers and requires oil palm farmers to take steps to sell their palm products to Malaysia
THE IMPLEMENTATION OF EXTRA JURISDICTION HIJACKING Muhammad Rafi Darajati
PRANATA HUKUM Vol. 18 No. 2 (2023): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v18i2.320

Abstract

Plane hijacking is a relatively new form of crime; the motives behind the hijacking varied, ranging from economic to political. The international community considers that acts of hijack can threaten international peace and security. This article aims to discuss the efforts of the international community in the fight against this aircraft hijacking crime. The results showed that the international community's efforts were to make various conventions to protect international aviation activities. In the convention, the international community made various efforts to prevent and eradicate aircraft hijacks, such as allowing each country to expand its jurisdiction.