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Perdagangan Internasional dan HAM: Relasinya dengan Sustainable Development Prakasa, Satria Unggul Wicaksana
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

Industrialization and export and import activities between countries around the world in this era of globalization. the issue of sustainable development in which the trade also related with physical and environmental aspects, but also considers the benefits and security of the man himself. Many facts encountered that some cases were found, the non-compliance of transnational corporations to pay attention to the principles of human rights fulfillment. Legal issues raised: (1) provisions on international trade, environment, and human rights. (2) case analysis related to international trade, environment and human rights. The research method used statue approach, conceptual approach, and case approach. Research results: (1) Countries are expected an important role in securing how the effects of human rights violations resulting from international trade activities can be minimized in such a way through the principles to protect, and respect for the human rights of citizens. Thus, the public benefits from many international trade activities conducted by the state. as well as sustainable development is also realized through the principle of remedy for transnational corporations found to have done environmental damage and accompanied by human rights violations in its business activities. (2) In the cases presented, it has proved that transnational corporations directly commit human rights violations and environmental destruction, to threats to the state sovereignty process. This issue needs to be addressed in the enforcement of international legal mechanisms. In the extraterritorial courts decision, it is difficult for plaintiffs who are victims of justice and accountability for human rights violations and environmental damage.

ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA Prakasa, Satria Unggul Wicaksana; Purwo, Al-Qodar
Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.

Juridical Review of Illegal Fishing in Indonesia as Transnational Crime Supriyono, Supriyono; Prakasa, Satria Unggul Wicaksana
Law Research Review Quarterly Vol 7 No 2 (2021): L. Research Rev. Q. (May 2021) "Dimensions of Legal Certainty in Transnational an
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v7i2.45056

Indonesia is an archipelagic state which has a sea area wider than its land area. Where the sea area stores abundant fish resources. This triggers the desire of foreign countries to take part in an illegal way, namely illegal fishing. The theft of fish in Indonesian seas by ships with foreign flags has violated the sovereignty and is detrimental to Indonesia economically, socially, and ecologically. The Ministry of Maritime Affairs and Fisheries noted that illegal fishing has resulted in state losses of up to the US $ 24-30 billion per year. Illegal fishing is a fishery crime and is a form of transnational crime because its elements involve more than one country, namely planning, preparation, and the consequences of this crime, involving more than one country. So that the practice of illegal fishing must be prevented and eradicated as soon as possible because the natural wealth in the sea must be protected for the maximum benefit of the people. Illegal fishing regulations are contained in national law and international conventions

Subsidies and Countervailing Measures: Challenges in International Trade Law Supriyo, Agus; Wicaksana Prakasa, Satria Unggul
Jurnal Komunikasi Hukum Vol 7, No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Jurusan Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i1.31454

In the global era with all demands and expectations for a better economic condition in a country that an international trade is needed. Fair competition can be carried out in competition between business actors and commodity (goods or services) in overseas with business actors and commodity (goods or services) in country. One form of creating justice in international trade competition is by providing subsidies. The issue of subsidies created the problems and disputes. The problem formulations of this research were: (1) how are the effects of subsidies and countervailing in international trade regulations? (2) how is the case analysis related to subsidies and countervailing measures according to the provisions of the GATT 1994, The SCM Agreement and other legal provisions? The results showed that (1) the effect of subsidies and countervailing measures based on their types (red light, yellow light, green light) in international trade regulations had provided clear provisions as well as the impact and limitations in implementing these provisions in accordance with the provisions. GATT 1994 and The SCM Agreement. (2) The several cases described regarding subsidies that were not allowed because they created injustice that the subsidies were only carried out in an emergency situation and their nature rescued them from an economic crisis.

ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA Satria Unggul Wicaksana Prakasa; Al-Qodar Purwo
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.

Social aid of Covid-19 corruption: strategy and mitigation policy of Muhammadiyah East Java Satria Unggul Wicaksana Prakasa; Achmad Hariri; Ida Nuriyah; Asis Asis; Idrus Salam
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i1.15127

This research underlines several problems related to the potential for corruption in social assistance (Bansos) provided by the Government through the allocation of the State Budget (APBN) and/or Regional Budget (APBD) to mitigate the economic impact and welfare of the community amid the Covid-19 pandemic. This research was intended to understand the role of Muhammadiyah as a civil society entity for the pattern of guarding the distribution of social assistance throughout East Java Province. The research approach used Participatory Action Research (PAR) and used socio-legal approach, which is an approach to control corruption based on community solidarity. The data collection was interviewed, FGD, and dissemination conducted online. Conclusions for this research are: (1). Corruption of the Covid-19 Social Assistance Agency is a serious threat and is detrimental to the Indonesian people who were severely affected by the pandemic, even though the Corruption Act has provided a serious threat to perpetrators of corruption committed during a disaster, with a maximum penalty of death; (2). The KPK-RI as the lead sector for corruption eradication in Indonesia can collaborate with various community groups on the agenda of eradicating corruption in Indonesia, especially the corruption of COVID-19 social Aid, through access to community-based reporting, and; (3). Participatory Action Research carried out by Muhammadiyah East Java residents is an effective step and a good example of how social entities are able to mitigate the potential for social assistance corruption of COVID-19 which is carried out both with a structural to cultural approach.

Bantuan Dana Bank Dunia Dalam Perspektif Pemenuhan Hak-hak Ekosob: Studi Kasus Pada Sektor Pendidikan di Indonesia Satria Unggul Wicaksana Prakasa
Ajudikasi : Jurnal Ilmu Hukum Vol. 2 No. 2 (2018): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v2i2.692

The World Bank assistance in the education sector in Indonesia as a developing country faced with an interest in the fulfillment of the right to education in the perspective of Economy, Social, and Culture (ESC) rights for the society. For Indonesia, World Bank assitance must be in line with the national regulation, therefore harmonization into national law is necessary. The World Bank assistance is aimed at accelerating free trade, and the achievement of global education standards for the recipient countries. Thus, the alignment of the education sector with the interests of the economy and the free market may threaten the education rights of Indonesian citizen. This article will focus on the fulfillment of education right in Indonesia. Seeing the facts from the background, the formulation of the problems raised in this legal research are: (1). characteristics of educational assistance by the World Bank for developing countries. (2). Compatibility between World Bank assistance standards with the fulfillment of ESC rights in education in Indonesia. The purpose of this research is to analyze the characteristics of educational assistance by the World Bank for the third world countries and the suitability of the World Bank assistance to the fulfillment of ESC rights in education in Indonesia. This article based on the normative legal research method, and employs the statute and conceptual approach. It is found two results. First, the World Bank assistance to the education sector has been implemented in several countries, including Indonesia. The fulfillment of the right to education in developing countries have been experiencing an intervention and support from the World Bank. The World Bank asisstence is aim at achieving the goal of education, and to ensure the aid has been allocated for education projects, and to provide students with global education standards. Second, by employing the SABER standard with 4-a method to measure the suitability of the World Bank assistance in the fulfillment of the right to education in Indonesia, it is found that there remain a problem in the ‘acceptability’ standard. The World Bank should give more weights to the local wisdoms when providing asisstence in the recipient country.

Social Control Movement as a Corruption Eradication Instrument in Indonesia Satria Unggul Wicaksana Prakasa
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3548

Corruption in Indonesia is an endemic problem. It has been hampering the development, disconnecting hopes of fulfilling the fundamental constitutional rights of citizens, creating a repressive government, and harming the country's finances and economy. This research tries to find the right movement pattern of social control, such as whether in efforts to prevent and eradicate corruption in Indonesia. The conclusion from this legal research is that the movement of social control as an instrument to eradicate corruption in Indonesia has been described both in the aspect of Judicial review, Class Action and Citizen Law Suit (CLS), Court Monitoring, and the Whistleblower System (WbS), as well as non-legal movements (public hearing & advocacy, mass actions) that are not facultative, meaning that all efforts can be undertaken by civil society by being bridged by NGOs and the campus in the corruption eradication agenda in Indonesia Going forward, the challenge of eradicating corruption in Indonesia is increasingly tricky and steep, it requires commitment from all parties to strengthen commitments to eradicate corruption, create integrity zones, and more importantly enhance the KPK as an independent anti-corruption institution, as mandated by UNCAC to maintain the independence of anti-corruption in Indonesia.Keywords:Social-Control Movement, Law Enforcement, Anti-Corruption

Perdagangan Internasional dan HAM: Relasinya dengan Sustainable Development Satria Unggul Wicaksana Prakasa
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Industrialization and export and import activities between countries around the world in this era of globalization. the issue of sustainable development in which the trade also related with physical and environmental aspects, but also considers the benefits and security of the man himself. Many facts encountered that some cases were found, the non-compliance of transnational corporations to pay attention to the principles of human rights fulfillment. Legal issues raised: (1) provisions on international trade, environment, and human rights. (2) case analysis related to international trade, environment and human rights. The research method used statue approach, conceptual approach, and case approach. Research results: (1) Countries are expected an important role in securing how the effects of human rights violations resulting from international trade activities can be minimized in such a way through the principles to protect, and respect for the human rights of citizens. Thus, the public benefits from many international trade activities conducted by the state. as well as sustainable development is also realized through the principle of remedy for transnational corporations found to have done environmental damage and accompanied by human rights violations in its business activities. (2) In the cases presented, it has proved that transnational corporations directly commit human rights violations and environmental destruction, to threats to the state sovereignty process. This issue needs to be addressed in the enforcement of international legal mechanisms. In the extraterritorial court's decision, it is difficult for plaintiffs who are victims of justice and accountability for human rights violations and environmental damage.

Indonesian Online Shopping Practices in the COVID-19 Pandemic Era: A Study of Culture and Cyber Security Law Radius Setiyawan; Satria Unggul Wicaksana Prakasa
Jurnal Hukum Novelty Vol 12, No 1 (2021)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v12i01.a16944

Introduction to the Problems: The condition during COVID-19 that made people doing more activities at home drove the increase in spending intensity. This condition referred to a new normal. Online shopping has long been a habit for some people because of the convenience provided. In conditions of increasing online shopping activities certainly have implications for the communityâ€”online shopping practices of Indonesian people in the Covid-19 pandemic era, with an approach and cybersecurity.Purpose/ Objective Study: This research aims to examine the relationship between online shopping practices of the Indonesian people in the Covid-19 pandemic era.Design/Methodology/Approach: With an approach to the study of culture and cybersecurity, with integration between culture studies, economy, and digital law studies.Findings: This research finds that massive online shopping practices in Indonesia have implications for social vulnerability. In a cultural context, people could get caught up in alienation. Online shopping activities as productive work (work to make commodities) alienate humans, four sides humans from themselves, productive work objects (instruments and productive work objects), and products consumed. While in the context of security, there was a risk of using misused personal data. It was necessary to ratify the Law of Personal Data Security as a legal regulation mechanism for sanctions for the data privacy misused in.Paper Types: Research article

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