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All Journal Lex Scientia Law Review Jurnal Teknologi Sistem Informasi dan Aplikasi Cendekia: Journal of Law, Social and Humanities IJLSH
Adam, Bani
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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History Of Raw Material Export Restriction By European Powers: Revisiting Colonial Past Adam, Bani; Haniff Ahamat
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 1 No. 2 (2023): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (773.6 KB)

Abstract

Acquiring control and monopoly over raw materials and natural resources was key to political, military and territorial expansions of European Powers in Asia, America and Africa. After World War 2, trade of goods become major concern under international trade regime which international legal order has clear rules against export restrictions on raw materials including on natural resources agreed under GATT 1947 Agreement. This paper inquires into the historical foundations of control and monopoly over raw materials and minerals, the legal rules that governed such conduct of States. This paper finds that control and monopoly were bread and butter to European colonisation of America, Asia and Africa, which flourished at the height of the mercantilist era. However, after the advent of the General Agreement on Tariffs and Trade (GATT), restrictions on exports are now restricted. The doctrine of intertemporal law describes what happens to the legality of an act when there is a change to an event and law. As established by Judge Huber on Island of Palmas case, there is difference between the creation of a right under the law and the continuation of that right transcending the past, the present and the future. This article is written regarding on historical approach which data sources originate from book of historians, such as Adam Smith and D.K. Fieldhouse. Some journals of relevant experts could be referred to find pathway of the raw materials controlled by the West power during colonialization era. The historical approach of this article Historical approach to research can shed light on how legal aspects of conduct that became subject of legal rules unraveled in response to historical event. As more developing countries are restricting exports of raw minerals including rare earth, there may now be associated with the rise of neo-mercantilism.
Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime Adam, Bani; Ahamat, Haniff; Yahanan, Annalisa
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.63830

Abstract

Increasing global economic activity has resulted in raising demand on nickel and bauxite ores for manufacturing industries. Foremost demand on the raw materials is consistently increasing for production of friendly environment products, such as battery of electric vehicles (EV). The production of EV battery potentially increases particularly as global transformation to reduce GHG Emissions which cover developed and developing countries. This current situation leads export restrictions on nickel and bauxite to developed countries which purpose for domestic stockpile in developing countries, such as Indonesia. Meanwhile, the measures is supposed to violate Article XI.2(a) GATT 1994 which it is applied without temporary period and there is no essentialness circumstance to implement the restrictions. This emphasized on review opportunities for Indonesia to take into force alternative measures which is consistent with the GATT 1994 provisions. The research is conducted based on legal review with refer to GATT 1994 provisions and Indonesia legal provisions. Based on the review, the researchers find that implementation of Domestic Market Obligations are an exact alternative measure to safeguard domestic stockpile without extremely suffer disruption for global demand. The alternative measures grant balancing allocation between global and domestic demand which could be adjusted regularly according to the further situation faced by the country.
Pengembangan Aplikasi Absen Online Menggunakan Model Prototype di Sekolah Dasar Negeri Nagrak Tigaraksa Desyani, Teti; Gymnastiar, Ahmad Raihan; Adam, Bani; Sunardi, Rizki Utama; Dwiardi, Stanislaus Dimas; Munawaroh, Munawaroh
Jurnal Teknologi Sistem Informasi dan Aplikasi Vol. 5 No. 4 (2022): Jurnal Teknologi Sistem Informasi dan Aplikasi
Publisher : Program Studi Teknik Informatika Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/jtsi.v5i4.21167

Abstract

The current attendance system requires a new system update. Because doing this would be very good for the institution of education, viewed from the sides as efficient, effective, quick, mastered and transparent. This would require a design before the system was built that would reveal the problems and solutions to the existing system. The online attendance system design is used to accelerate absenteeation by feedback that will then connect to android smartphone or ios through the whatsapp application owned by the student's parents. This requires an Internet link connected by smartphone on each parent. To create a report by the methods of the above system requires a workable data-collection system, with prototype methods and testing as establishment of an adequate proposal system as alternative to the best solution of the problem in the institution of education.
Strengthening of State Company on Strategic Commodities in Indonesia for Food Security Interest Under WTO Rules Adam, Bani; Teuku Yudi Afrizal
Cendekia : Jurnal Hukum, Sosial dan Humaniora Vol. 3 No. 1 (2025): Cendekia : Jurnal Hukum, Sosial dan Humaniora
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/cendekia.v3i1.174

Abstract

Food sufficiency is a global matter which is being debated among global leaders. Unstable food prices result in people suffering obstacle to access on the commodity with affordable price. Some developing countries attempt to secure stockpile through procurement duty of state trading company. Meanwhile, the WTO provision prohibits domination of state-owned enterprise which lead to trade distortion. This article would like to observe pertaining to the role of state-owned enterprise to secure supply of food security. It aims to analyze improvements of state company to dominate in terms of protection of national security. This article uses doctrinal legal research methodology with primary sources originate from the rules of law, including library data as secondary sources. Principally, Article XVII of the GATT does not allow the members state to favor state-owned company to trade among the members, except for necessary circumstances. However, the MC13 concludes to overlook Art. XVII and Agreement on Agriculture (AoA) provisions to monopolize procurement and distribution as public stockholding. This measures may grant special privilege for state company to dominate in holding some commodities under national program. It has been carried out by Food Corporation of India (FCI) which secure national food security.
Transfer of Sustainable Technology Based on Compulsory Licensing Principle under the WTO Law Adam, Bani
International Journal of Law, Social Science, and Humanities Vol. 2 No. 3 (2025): IJLSH - November 2025
Publisher : Lembaga Pusat Studi Sosial dan Humaniora [LPS2H]

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70193/ijlsh.v2i3.269

Abstract

Development of electric vehicles (EV) constitutes a transformation of transportation in combating global warming. It also purposes for overcoming increase of premature death of human being because of high fossil fuel consumption in transportation particularly in Indonesia as developing countries. However, the technology application is a challenge for such countries to adopt for usage publicly. The challenge faced by Indonesia is private rights of intellectual property holder affecting barriers for mass production. This article looks for justification for Indonesia’s adoption of transfer of green technology for protection of public health regarding the WTO rule and international conventions concerning on climate change. It uses qualitative methodology with legal-descriptive and normative approach applied. The rule of WTO and international conventions on climate change instruments become primary sources to appraise the justification of the measures. Those are also supported by secondary sources originating from library research to assist in analyzing the research question. Article 31 of TRIPs Agreement regulates that compulsory licensing might be imposed for adoption of technology transfer in circumstances for protection of public health. It could be extensively interpreted that air pollution may threaten health of human being as Doha Declaration 2001 justify flexibility application of compulsory licensing. The UNFCCC and Paris Agreement 2015 mandate industrial countries should contribute development of green technology to developing countries through transfer of technology. Finally, the WTO rules are considered as part of public international law as Panel in the case of US-Gasoline (DS2) provides the rule of WTO should be interpreted as accordance with the objective of international law.
Co-Authors Annalisa Yahanan, Annalisa Dwiardi, Stanislaus Dimas Gymnastiar, Ahmad Raihan Haniff Ahamat Haniff Ahamat, Haniff Munawaroh Munawaroh Sunardi, Rizki Utama Teti Desyani Teuku Yudi Afrizal