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All Journal Tirtayasa Journal of International Law
Indriyani, Rachma
Universitas Sebelas Maret
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Examining the State's Jurisdiction in Sexual Assault Stateless Victims on Ships on the High Seas Vidzal, Khaisya Refaya; Kusumo, Ayub Torry Satriyo; Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 1 (2024): Tirtayasa Journal of International Law Vol. 3 No. 1 Edisi Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i1.24413

Abstract

Issues regarding jurisdiction over the handling of sexual assault cases, especially on the high seas, are a major concern of the international community, especially if the victim is a stateless person. They are often isolated and have limited access to legal assistance. This situation makes them one of the most vulnerable groups to sexual assault. The Stateless Convention 1954 stipulates that stateless persons can request legal protection from the state parties to the Convention. While on the high seas, UNCLOS 1982 has regulated that the flag state has jurisdiction over every activity on a ship flying its flag. However, there is no clarity regarding specific protection for stateless persons on ships. This paper will identify which jurisdictions can apply when there is a sexual assault against a stateless person on a ship on the high seas. The research method used is prescriptive normative law with a statute approach by examining laws and regulations. We argue that when it comes to ships flying a particular flag and sailing on the high seas, UNCLOS 1982 should be considered customary international law. Furthermore, when similar crimes occur, there must be a justification for intervention by other states. Scientific contributions in this study are the identification and juridical analysis of the legal gap in legal protection for stateless persons who are victims of sexual violence on the high seas, as well as a new interpretation of state jurisdiction based on the provisions of UNCLOS 1982 and the 1954 Stateless Convention.
FORGING A PATH FORWARD: SAFEGUARDING INDIGENOUS COMMUNITIES FROM THE IMPACT OF CLIMATE CHANGE Allyana, Olivia; Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.25388

Abstract

This article examines the effects of ‘climate change’ on indigenous communities and the safeguarding of their rights, with a focus on the “Daniel Billy et.al v. Australia” case ‘climate change’ poses severe threats to ‘indigenous peoples’' livelihoods and traditions, yet they also contribute significantly to mitigating its impacts. Utilizing normative legal research methods, including statutory and case law analysis, it evaluates the protection of indigenous rights by the UNHRC. The analysis highlights the significance of the “UNHRC”'s decision in “Daniel Billy et.al v. Australia”, which represents a milestone in international law regarding ‘climate change’ 's repercussions on human rights. While non-binding, the ruling grants access and establishes a crucial precedent for enforcing indigenous claims against states failing to safeguard their rights. It has influenced national legal frameworks and guided interpretations of indigenous rights. Considering subsequent practices in applying human rights treaties and utilizing “UNHRC” rulings as interpretive aids are essential. This analysis aims to deepen comprehension of the challenges and prospects in safeguarding the rights of climate-affected indigenous populations on the global stage. The scholarly contribution of research can be articulated through its novel engagement with the intersection of climate change, indigenous rights, and international human rights law, particularly through the lens of the Daniel Billy et al. v. Australia case before the UN Human Rights Committee (UNHRC)
APPLYING EMISSION CONTROL AREAS (ECA) IN MARITIME ZONES: ADOPTION AND COMPLIANCE Sylvia, Kellyn; Indriyani, Rachma; Muslimah, Siti; Luz, Gustavo Leite Neves da
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.32803

Abstract

 The establishment of Emission Control Area (ECA) constitutes a significant regulatory measure within the international maritime legal framework aimed at mitigating air pollution generated by shipping activities. Pursuant to MARPOL Annex VI, the designation of an ECA requires a comprehensive, evidence-based proposal evaluated by the International Maritime Organization (IMO). Within these designated zones, ships are obligated to utilize low-sulfur fuel or adopt emission reduction technologies to comply with stringent emission standards. The implementation of ECAs has demonstrably contributed to improved air quality in port cities and coastal regions. Compliance is ensured through a multi-level enforcement mechanism involving flag States, port States, and coastal States, supplemented by technological monitoring and regulatory infrastructure. This study adopts a normative legal methodology combined with a descriptive-analytical approach to examine the legal provisions, enforcement mechanisms, and practical implications of ECA implementation in achieving sustainable environmental protection in the maritime sector.
Co-Authors Allyana, Olivia Ayub Torry Satriyo Kusumo Luz, Gustavo Leite Neves da Muslimah, Siti Sylvia, Kellyn Vidzal, Khaisya Refaya