Arnita Pratiwi Arifin
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RETHINKING THE HISTORY: DOES THE PRINCIPLE OF SELF-DETERMINATION ENTAIL A POSITIVE ENTITLEMENT TO SECESSION? Arnita Pratiwi Arifin
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v4i2.673

Abstract

This paper aims to examine further the principle of self-determination as one of the rights in international affairs. It is to identify whether the principle of self-determination provides an automatic right for an integral part of a State to unilaterally secede from the Parent State. This research uses normative and theoretical research. Data collection methods are conducted by tracing and reading through international conventions, laws and regulations, legal literature, international cases, documents, journals, research reports, and online media. The results of this research stated that international law does not provide any legal remedies for people that they may use to exercise their right to self-determination. The reasons are, first, the lack of any basis for such change in international law, and second, there is no point in the rejection to recognize facts not drawn on in the violation of international law. The territorial integrity principle, considered one of the fundamental principles of international law, is the antithesis of secession. Because it involves the capacity of a State to operate and control the functions of the State within its own territory.
Criminal Acts of Physical and Non-Physical Sexual Violence in University Nur Azisa; Nur Amelinda Kharia; Maskun; Nurul Hidayat Ab Rahman; Arnita Pratiwi Arifin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1497

Abstract

Sexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This study highlights the issue of sexual violence in university settings, focusing on understanding the role of victims in cases of sexual violence from a victimological perspective. The purpose of this research is to analyze the extent to which internal and external factors influence victims' decisions to report or not report incidents, as well as to explore victims' involvement in incidents of sexual violence. Using an empirical legal method with a case-based approach, this study combines surveys, interviews, and literature reviews to gather primary and secondary data. The novelty of this research lies in its in-depth analysis of the psychological and social dynamics affecting victims' involvement in sexual violence cases on campus. The findings indicate that in some cases, victims may indirectly contribute to the occurrence of sexual violence due to unawareness of their social surroundings, referred to as "imprudent victims" in victimology. This study recommends establishing a PPKS Task Force and introducing “Sahabat PPKS” in each faculty as strategic measures to create a safe and supportive campus environment for victims. The research aims to contribute to the development of comprehensive protection policies, including legal, psychological, and social support for victims within academic settings.