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All Journal Yustisia Arena Hukum PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Hasanuddin Law Review Padjadjaran Journal of International Law Khatulistiwa Law Review Multicience Journal of Law, Poliitic and Humanities Supremasi Hukum: Jurnal Kajian Ilmu Hukum Jurnal Hukum dan Pembangunan
Irawati Handayani
Fakultas Hukum Universitas Padjadjaran
Arts Humanities Biochemistry, Genetics & Molecular Biology Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Cyber-Attack in Estonia: a New Challenge in The Applicability of International Humanitarian Law Iradhati Zahra; Irawati Handayani; Diajeng Wulan Christianti
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.48336

Abstract

This article aimed to analyze the classification of armed conflict in Estonia's cyber-attack and how the existing IHL are answering this problem, and whether those regulations are enough for future cases of cyber-attack. This article uses the normative method by comparing the Geneva Convention 1949 and Additional Protocol I 1977 with Rule 30 Tallinn Manual 1.0 and some relevant literary works, using a descriptive-analytic to explain the object comprehensively. The result shows that Estonia's cyber-attack could be classified as an International Armed Conflict, which first started as a Non-International Armed Conflict by proving attribution from Russia to Nashi Youth Group following the Overall Control in Tadic Case. The distinction between information warfare and cyber-attack is related to the physical impact, which a threshold of a cyber-attack under Tallinn Manual 1.0. It means Rule 30 of Tallinn Manual 1.0 also answered Jus ad Bellum's threshold and Jus in Bello in terms of cyber-attack. Although, this article needs some improvements regarding the limitation of this issue only focused on the Material Scope of IHL. In addition, Rule 30 of Tallinn Manual 1.0 is not legally binding because it is not one source of international law. However, it is possible for the Rule 30 Tallinn Manual 1.0 to be a new norm and becoming customary international law in the future.
JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA Irawati Handayani
Yustisia Vol 7, No 3: December 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i3.24782

Abstract

Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.
Book Review: Jus Cogens – International Law and Social Contract Irawati Handayani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 3, No 3 (2016): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

This book is based on the doctoral thesis completed by the author as an International Scholar of the Cambridge Overseas Trust at the University of Cambridge. The main idea of the books lies on the fact that jus cogens still become one of the most complex doctrines in contemporary international law. The legal foundation of jus cogens is still questionable, whether it lies on natural law, positive law or even to higher or divine origin. However, there is general agreement that jus cogens represent the fundamental value in international society or so-called higher norm in international law. DOI: https://doi.org/10.22304/pjih.v3n3.a11
Regionalism as a Solution to Refugee Protection in ASEAN Jenica Alva; Irawati Handayani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 6, No 2 (2019): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

The problem of refugees has become a global phenomenon that brings widespread impacts to all involving parties. The humanitarian crisis of the Rohingya ethnic group increased the number of refugees in ASEAN who needs international protection. However, legal and political framework governing refugee protection in ASEAN is still very insignificant. This research is to answer whether regionalism is successful in resolving the problem of refugees in international level and whether a regionalism approach can be applied in ASEAN level to deal with refugees. This study used normative juridical research methods with literature study techniques. Based on the results, the study revealed that regionalism has successfully solved the problem of refugees. However, the development of regionalism needs to be improved to deal with mass-influx problems. Regionalism has succeeded in encouraging world regions such as Europe, Africa, and Latin America to form various binding regional mechanisms (CEAS, OAU Convention, and Cartagena Declaration). Compared to the universal approach, regionalism is a better option because of its flexible nature. It also provides choices to member states in handling refugee protection activities. Based on the comparison of regionalism practices from the three regions, the regionalism approach in ASEAN has a great potential to solve refugee problems more effectively.Pendekatan Regionalisme sebagai Solusi Penanganan Pengungsi di ASEANAbstrakPermasalahan pengungsi saat ini telah menjadi fenomena global yang memberikan dampak menyeluruh terhadap seluruh pihak terkait. Krisis kemanusiaan yang terjadi pada kelompok etnis Rohingya membuat angka pengungsi di ASEAN yang semakin bertambah sehingga mereka membutuhkan perlindungan internasional.  Namun, kerangka hukum dan politik yang mengatur perlindungan pengungsi di ASEAN masih sangat minim. Penelitian ini berusaha untuk menjawab apakah regionalisme berhasil dalam menyelesaikan permasalahan pengungsi di dunia dan apakah pendekatan regionalisme dapat diterapkan di ASEAN untuk menangani pengungsi. Penelitian ini menggunakan metode penelitian yuridis normatif dengan teknik studi kepustakaan. Dari penelitian yang dilakukan, ditemukan bahwa regionalisme telah berhasil menyelesaikan permasalahan pengungsi, meskipun perkembangan regionalisme perlu ditingkatkan dalam menghadapi permasalahan mass-influx. Regionalisme berhasil mendorong kawasan-kawasan dunia seperti Eropa, Afrika, dan Amerika Latin untuk membentuk berbagai mekanisme regional (CEAS, OAU Convention, dan Cartagena Declaration) yang bersifat mengikat. Dibandingkan dengan pendekatan universal, regionalisme menjadi opsi yang lebih baik karena sifatnya yang fleksibel, sehingga memberikan kebebasan kepada negara anggota untuk melakukan kegiatan perlindungan pengungsi secara nyata. Berkaca dari praktik regionalisme dari ketiga kawasan tersebut, pendekatan regionalisme di ASEAN berpotensi besar untuk menyelesaikan permasalahan pengungsi secara lebih efektif. Kata Kunci: ASEAN; Perlindungan Pengungsi; Regionalismehttps://doi.org/10.22304/pjih.v6n2.a9
Book Review: General International Law – Jus Cogens: A General Inventory Irawati Handayani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 5, No 1 (2018): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (931.954 KB)

Abstract

Jus cogens has been discussed for years by international law scholars around the world. Though there is no common agreement on the meaning of jus cogens of so-called peremptory norms, the majority of scholars seems to tacitly express their agreement on the highest position of jus cogens in international law. This book as mentioned in the title of the book is not an introductory book, refer to a book that explain the preliminary development of jus cogens.
HUMAN RESOURCES DEVELOPMENT IN THE IMPLEMENTATION OF SERVICE EXELLENCE AT THE LIBRARY AND ARCHIVES DEPARTEMENT OF SUKABUMI REGENCY IRAWATI HANDAYANI; ERRY SUNARYA; DARMO H SUWIRYO
INTERNATIONAL JOURNAL OF MULTI SCIENCE Vol. 2 No. 06 (2021): INTERNATIONAL JOURNAL OF MULTISCIENCE - SEPTEMBER EDITION
Publisher : CV KULTURA DIGITAL MEDIA

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Abstract

The research was motivated by the suspicion that the development of Human Resources in applying service excellence at Libraray and Archives Department of Sukabumi regency had not run optimally. Meanwhile, the research was aimed at determining: (1) the strategy of Human Resources development in implementing service excellence at Libraray and Archives Department of Sukabumi regency, (2) Obstacles encountered in developing Human Resources in implementing service excellence at Libraray and Archives Department of Sukabumi regency, and (3) efforts to overcome the obstacles in the develoment of human resources in implementing service excellence at Libraray and Archives Department of Sukabumi regency. The reserach applied qualitative approach. The informants of the research were Head of Sub-section of Personnel and General Affairs, Head of Archives Processing Division, Head of Promotion and Development of Reading Culture Section, Head of Human Resources Development Section, Archivists, and Librarians. The results of the research are (1) Human Resource Development at the Archives and Library Department of Sukabumi Regency is carried out through the implementation of a proportional transfer, promotion, training and performance appraisal system, (2) There are internal and external obstacles in developing human resources at the Archives and Library Department of Sukabumi Regency, and (3) There have been efforts made to overcome both internal and external obstacles in developing human resources at the Archives and Library Department of Sukabumi Regency. Based on the results of the research, the management of the Archives and Library Department of Sukabumi Regency is advised to: (1) Improve the competency of archival and library human resources through formal, non-formal, and informal education related to their work field, (2) Structural officials are to be more technically understanding about procedures and techniques for processing archives and library as this can help carry out the smooth running of official activities, and (3) develop and maintain the consistency of existing facilities and infrastructure in compliance with standardization so that they can better support archival and library human resources in performing official activities.
PERTANGGUNGJAWABAN NATO TERHADAP PELANGGARAN KEWAJIBAN INTERNASIONAL MENURUT HUKUM INTERNASIONAL Zainal Abdul Aziz Hadju; Irawati Handayani
Arena Hukum Vol. 15 No. 3 (2022)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2022.01503.9

Abstract

The accountability of subjects of international law has undergone rapid development, in particular to the accountability of international organizations. This study intends to analyse the legality of NATO’s humanitarian interventions in Libya and also analyse NATO’s accountability for violations of international law. The research method used is normative research with a statutory approach, a case approach, and a comparative approach. The results showed that violations committed by NATO member states can be attributed to NATO as an international organization. NATO has committed violations of international obligations under articles 3, 4 and 61 of the DARIO. NATO accountability as stipulated in articles 30-31 and 41-42 of the DARIO can be carried out by ceasing to commit violations and avoiding such acts in the future, as well as giving compensation for damages caused.
Artemis Base Camp and Exploitation of Outer Space: Problems and The Needs of Legal Framework Irawati Handayani; Annisa Juliana; Garry Gumelar
Padjadjaran Journal of International Law Vol. 7 No. 1 (2023): Padjadjaran Journal of International Law, Volume 7, Number 1, January 2023
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v7i1.1335

Abstract

NASA introduced the Artemis Program in 2017, consisting of several missions, such as establishing a permanent outpost called Artemis Base Camp and exercising commercial and non-commercial exploitation on the Moon. For the program to be carried out properly, the United States established a series of bilateral agreements with other countries, namely the Artemis Accords. One of the functions of the Accords is as the supporting legal instrument for the implementation of the Artemis Program. However, its implementation raised several legal problems related to the legality of establishing Artemis Base Camp and violations of the basic principles of space law related to activities. This paper will specifically discuss the legal issues arising from using the Artemis Accords as one of the supporting legal bases for the two Artemis Program activities, according to space law. This article argues that Artemis Base Camp falls within the definition of a station explained in the Outer Space Treaty and the Moon Agreement. Then, the construction does not violate the principle of non-appropriation in Article II of the Outer Space Treaty because it does not fulfill the three main components of appropriation activities. Although establishing the Artemis Base Camp and exploiting lunar resources for non-commercial purposes is permitted, a basic legal framework still needs to be established to regulate permanent outposts and the exploitation of lunar resource activities. A specific legal framework is needed to avoid multiple interpretations leading to legal uncertainty.
Arbitration as the Dispute Settlement Method to Address Harmful Interference in the Age of Mega-Constellations of Satellites Pratidina, Safira; Latipulhayat, Atip; Handayani, Irawati
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1448

Abstract

The increasing demand for radio frequency spectrum usage for the launch of mega-constellations of telecommunication satellites will potentially increase incidents of harmful interference to radiocommunication. International law has yet to regulate a compulsory method of dispute settlement for harmful interference disputes. Currently, most cases of harmful interference are solved through technical and political means. However, those methods cannot address damage claims that may be caused by harmful interference, which may become increasingly common with the growing participation of private entities. Article 56 of the ITU Constitution has regulated several dispute resolution methods related to telecommunications, namely negotiation, diplomatic channels, other methods mutually agreed upon by the parties, and arbitration. This study aims to analyze these methods of dispute settlement and determine the most appropriate method to address harmful interference disputes. As the diplomatic dispute settlement methods do not result in enforceable legally binding decisions, this study argues that arbitration is the most appropriate method to settle disputes concerning harmful interference because it offers more neutrality in its proceedings and the confidentiality of sensitive information. It may also decide on damages as part of the arbitral award. Arbitration awards are final and binding, thus offering legal certainty to the parties to the dispute. States have generally recognized arbitration awards and created mechanisms to enforce arbitral awards. This study also recommends that the ITU implement compulsory arbitration with limitations and create a harm-claim threshold.
Status Hukum Crew Interactive Mobile Companion (CIMON) sebagai Kecerdasan Buatan dalam Misi Luar Angkasa di International Space Station (ISS) berdasarkan Hukum Ruang Angkasa Patria Putra, Mochamad Rizcky; Handayani, Irawati
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Humans require assistance to support the tasks assigned to them to achieve the predetermined success in a space mission. Consequently, humans have developed artificial intelligence technology. One of the AI technologies utilized is the Crew Interactive Mobile Companion (CIMON), which results from collaboration between several space agencies and organizations, both government and private. Based on space law regulations, CIMON AI raises questions as it serves two main functions in space law: as an astronaut with a legal personality and as an object launched into space. This study aims to examine the legal status of CIMON AI in space law and analyze the safety standardization aspects of using CIMON AI on the International Space Station from the perspective of space law. It turns out that CIMON AI doesn’t have a legal personality based on corpus juris spatialis because it’s a space object whose legal responsibility is attached to the entity authorized to manage CIMON AI which now still has to increase its attention to safety standards due to inadequate legal arrangements which can ensure the implementation of activities in outer space runs according to the regulations applicable in space.
Co-Authors Anisa Fauziah Annisa Juliana Atip Latipulhayat Cristianti, Diajeng Wulan Darmo H Suwiryo Diajeng Wulan Christianti Difa Ghiblartar Gastina Erry Sunarya Fikri Kalam Garry Gumelar Ghiblartar, Difa Iradhati Zahra Jenica Alva Miano, Muhammad Ryan Ramadhani Patria Putra, Mochamad Rizcky Pratidina, Safira Sigar Aji Poerana Triputra, Adhitiya Augusta Zainal Abdul Aziz Hadju