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All Journal Journal of Innovative and Creativity Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Hukum dan Pendidikan Kewarganegaraan
M. Ilham Adepio
Fakultas Hukum, Universitas Bengkulu
Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Pelanggaran Imunitas Diplomatik oleh Petugas Imigrasi Indonesia Kajian Yuridis terhadap Konvensi Wina 1961 Anesva Sari Della; Zahra Utami Aprilia; Firdhan Azhim Akbar; Ema Septaria; M. Ilham Adepio
Journal of Innovative and Creativity Vol. 5 No. 2 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i2.408

Abstract

Diplomatic Immunity is one of the important things in international relations, which is regulated by the 1961 Vienna Convention to protect diplomats in carrying out their duties. However, the application of this immunity often poses challenges, especially when there is tension between international law and domestic law. Such as in the incident involving Nigerian diplomats who were attacked by Indonesian immigration officers in 2021. This incident raises the question of how the Principle of Diplomatic Immunity Relates to Indonesian Immigration Law and How the Implementation of Indonesian Immigration Law Policy is in the Case of Nigerian Diplomats. This study uses a normative approach with the Statute Approach method, namely the approach to statutory regulations consisting of legal materials and is of a library research nature. The results of this study indicate that, although Indonesia has a strict immigration policy, the protection of diplomatic rights based on the 1961 Vienna Convention has not been fully implemented. Weaknesses in the understanding of officers require increased training on diplomatic immunity, integrated supervision, and alignment of immigration regulations to prevent diplomatic conflicts and maintain the stability of international relations. This study suggests that Indonesia can strengthen immigration officer training on diplomatic immunity, as well as align immigration regulations with the principle of diplomat protection to prevent escalation of diplomatic conflicts and maintain its global reputation.
Kedudukan Perjanjian Internasional Bagi Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional Dian Alya; Yolanda Fitri; Windia Febrica Stevany; Ema Septaria; M. Ilham Adepio
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The development of globalization has increased Indonesia’s involvement in international treaties, creating the need for legal certainty in their implementation at the national level. This study aims to analyze the position of international treaties within the Indonesian legal system based on the 1945 Constitution of the Republic of Indonesia and Law Number 24 of 2000 concerning International Treaties. The research method used is normative juridical with statutory and conceptual approaches. The results show that international treaties have a constitutional basis in Article 11 of the 1945 Constitution and require ratification to be applicable in national law, reflecting a moderate dualism approach. However, their position within the hierarchy of laws and regulations is not explicitly regulated, which may lead to normative conflicts. Furthermore, constitutional supremacy remains the fundamental principle in Indonesia’s legal system.
Perjanjian Internasional Sebagai Sumber Hukum Internasional Dalam Praktik Hubungan Antar Negara Mutiara Deja Saputri; Nabila Zahra Okta Dwiwani; Ema Septaria; M. Ilham Adepio
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study aims to analyze the legal arrangements of diplomatic immunity and examine the form of abuse of such immunity by diplomatic officials in the practice of international relations. In addition, this study also discusses the legal implications arising from the abuse of diplomatic immunity and efforts to counter it. The research method used is normative legal research with a legislative approach and a conceptual approach, supported by literature studies through various primary and secondary legal sources. The results of the study show that diplomatic immunity as stipulated in the Vienna Convention on Diplomatic Relations of 1961 is a functional legal instrument to ensure the smooth implementation of diplomatic duties, not as an absolute right for diplomatic officials. However, in practice, there are still frequent abuses of diplomatic immunity in various forms, ranging from administrative violations, civil violations in commercial activities, to serious criminal acts. These abuses show that there is a gap between legal norms and their implementation in the field. The legal implications of the abuse of diplomatic immunity include the inhibition of law enforcement in the recipient country, the emergence of potential impunity, and the disruption of diplomatic relations between countries. Therefore, countermeasures are needed through the optimization of diplomatic legal mechanisms, such as the implementation of persona non grata and waiver of diplomatic immunity, as well as strengthening supervision by sending countries and increasing international cooperation. Thus, it is hoped that a balance will be created between the protection of diplomatic functions and law enforcement in international relations.
Perjanjian Internasional Sebagai Sumber Hukum Internasional Dalam Praktik Hubungan Antar Negara Pentana Seniwati; Mutiara Deja Saputri; Nabila Zahra Okta Dwiwani; Ema Septaria; M. Ilham Adepio
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

International agreements are one of the sources of international law that have an important role in regulating relations between countries in the international community. International treaties not only serve as a binding legal basis for the countries to which they are parties, but also serve as an instrument to create legal certainty, stability, and international cooperation. This study aims to analyze the position of international agreements as a source of international law, the process of their formation, their binding force, and their implementation in the practice of relations between countries. The research method used is a qualitative approach with library research, reviewing literature in the form of books, scientific journals, international legal documents, and the 1969 Vienna Convention on the Law of Treaties. The results of the study show that international treaties have a strategic position in the international legal system as stipulated in Article 38 of the Statute of the International Court. The establishment of international agreements is carried out through the stages of negotiation, signing, ratification, and enactment, which ensure the legitimacy and approval of the parties to the agreement. The binding power of international treaties is based on the principle of pacta sunt servanda, which affirms that every agreement must be implemented in good faith by the parties. The implementation of international agreements in the practice of relations between countries is influenced by national legal systems, political commitments, institutional capacity, and economic and social dynamics. This research confirms that international agreements play a key role as a key instrument in maintaining state compliance, preventing conflicts, and facilitating sustainable global cooperation. Therefore, international treaties have not only formal legal val.
Peran Internasional Civil Aviation Organization Dalam Investasi Kecelakaan Penerbangan Internasional Studi Kasus Mh17 Antara Ukraina Dan Rusia Mutiara Indryanti; Andoly Rafhael Sitorus; Muhammad Zalfie Habibie; M.Ilham Adepio
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This article aims to analyze the role of the International Civil Aviation Organization (ICAO) in the investigation of international aviation accidents through the case study of Malaysia Airlines Flight MH17, which crashed in the airspace of Ukraina in 2014. This research employs a normative juridical method using an approach based on international regulations and case studies. Based on the Chicago Convention 1944, particularly Annex 13, ICAO plays a role in establishing standards and procedures for aircraft accident investigations. The findings indicate that ICAO has an important function in coordinating between states and formulating international aviation safety standards. However, ICAO does not have the authority to impose sanctions on states, which limits its role to providing recommendations. The MH17 case demonstrates that in conflict areas, the effectiveness of ICAO remains limited.
Analisis Yuridis Pengaruh Protokol Kyoto Terhadap Upaya Penanggulangan Pemanasan Global (Global Warming) Yuli Anggraini; Shindy Dwianisa; Ema Septaria; M. Ilham Adepio
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/whc1b554

Abstract

This study examines the juridical analysis of the influence of the Kyoto Protocol on efforts to tackle global warming. Global warming is defined as an increase in the average temperature of the earth’s surface due to rising greenhouse gas emissions caused by human activities such as fossil fuel combustion, deforestation, and agricultural activities. The Kyoto Protocol, as an international legal instrument under the United Nations Framework Convention on Climate Change (UNFCCC), aims to stabilize greenhouse gas concentrations through structured and measurable regulatory mechanisms. It establishes quantitative emission reduction targets, particularly for developed countries, and introduces flexible mechanisms such as Emission Trading, Joint Implementation, and Clean Development Mechanism. However, its effectiveness remains limited due to unequal obligations between developed and developing countries, lack of binding enforcement mechanisms, and the absence of major emitting countries in its implementation. Therefore, although the Kyoto Protocol represents an important milestone in international environmental law, its impact on reducing global warming is still considered less effective.
Co-Authors Andoly Rafhael Sitorus Anesva Sari Della Dian Alya Ema Septaria Ema Septaria Firdhan Azhim Akbar Muhammad Zalfie Habibie Mutiara Deja Saputri Mutiara Indryanti Nabila Zahra Okta Dwiwani Nabila Zahra Okta Dwiwani Pentana Seniwati Shindy Dwianisa Windia Febrica Stevany Yolanda Fitri Yuli Anggraini Zahra Utami Aprilia