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All Journal Jurnal Hukum Novelty Lampung Journal of International Law (LaJIL)
Bayuaji, Anandayu Pavita
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Law, Crime, Criminology & Criminal Justice

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Legal Vacuums: The Challenge of Protection for Climate Refugees Sabirin, Ahmad; Bayuaji, Anandayu Pavita; Keumala, Dinda
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3421

Abstract

Climate change has triggered massive migrations known as climate refugees, individuals who have been forced to leave their homes due to natural disasters and deteriorating environmental conditions. However, the legal vacuum protecting climate refugees is an urgent issue. This article discusses the need to establish new conventions or protocols that specifically regulate the status and safety of refugees due to climate change. The research method is a normative juridical approach analysing applicable legal regulations and relevant case studies. The new convention should clearly define climate refugees, establish their fundamental rights, and affirm the principle of non-refoulement to protect them from deportation to dangerous areas. In addition, the state's responsibility in providing protection and funding mechanisms must also be regulated. While challenges such as disagreements between countries and a lack of awareness remain, global initiatives show progress toward better protection for climate refugees. As such, it is hoped that the new legal framework can provide legal clarity and ensure that the rights of climate refugees are recognised and protected internationally.
The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Abstract

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article
Co-Authors Dinda Keumala Rahmat, Nur Ezan Sabirin, Ahmad Setiyono Setiyono Suzaini, Syaqila Binte