Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal WAJAH HUKUM Hang Tuah Law Journal
Ferdianty, Shavina Putri
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Untangling Paradox: A Humanitarian Perspective on Nuclear Weapons Trade in Non-Proliferation Ambition Ferdianty, Shavina Putri; Azaria, Davilla Prawidya
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.232

Abstract

The emerging issue of the legality of nuclear weapons trade by the state remains unclear as the use of nuclear weapons itself. Nuclear weapons are perceived either as a threat to human lives or a potential guarding system for a state. Contrary for the latter, states have the enormous ambition to establish non-proliferation of nuclear weapons to justify its use. Trade practice is prone to be bent as a tool to develop nuclear weapons programs. This research is a normative legal research that uses statutory and conceptual approaches. By examining both legal instruments and fundamental principles of humanitarian law are able to elucidate the paradox of non-proliferation and nuclear weapons trade conducted by states. Humanitarian principles are an adequate fundamental basis to examine the legal uncertainty of nuclear weapons use. Jus ad bellum defined that nuclear weapons violate proportionality and precautionary principles. The study argues for a particular legally binding instrument to prohibit nuclear weapons as a subject to international trade regime. Furthermore, the International Atomic Energy Agency as an authorized institution must be strengthened in order to maintain the peaceful use of nuclear energy as well as programs developed by states.
Menakar Aktualisasi Hak Partisipasi Anak melalui Pelibatan Anak dalam Law-Making Process Mitigasi Iklim Azaria, Davilla Prawidya; Nasution, Ali Imran; Simanjuntak, Anni Alvionita; Puspitarini, Nabilah; Ferdianty, Shavina Putri
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1724

Abstract

Children’s right of participation legitimized in national and international instruments. It is giving children right be hear, to express their views and opinios in matters affecting them significantly, such as the climate crisis. However, exercising this rights still faces various obstacles. This study will describe an analysis of restrictions on children's participation as obstacles to fulfilling children's rights in the law-making process to assuring child involvement can be implemented. As a normative research, this study will examine legal literature materials. The finding shows that children's participation in the policy-making process is faced with the assumption of adults who use age and maturity as benchmarks. This is not in line with the meaning in the Convention on the Rights of the Child which has legally provided legal certainty for children to have the right to participate and make decisions without limiting them solely by age. The Convention only states that children are given the right to participate with a weight that is appropriate for the child. Therefore, policy makers should be able to provide a broader interpretation to children so that these restrictions do not become obstacles. It is necessary to take into account the perspectives of children and uphold the best interests of the child premise to achieve intergenerational equity as a whole.
Co-Authors Ali Imran Nasution Anni Alvionita Simanjuntak Davilla Prawidya Azaria Puspitarini, Nabilah