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All Journal Artemis Law Journal Petitum Law Journal
Kase, Dhesy A
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Pelaksanaan Perjanjian Ekstradisi Indonesia-Malaysia (Studi Kasus: Djoko Soegiarto Tjandra) Nuban, Julio Benyamin; Kase, Dhesy A; Tukan, Elisabeth N S B
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16170

Abstract

Corruption is a complex and common problem faced by all countries. It's about the side effects of corruption that can shake up a country's life. Extradition itself refers to the process of returning a suspect who has committed a crime abroad and wishes to return to his or her home country. The extradition case against Djoko Tjandra is therefore itself an example of extradition practice. The arrest and custody of Djoko S. Tjandra was made possible through the cooperation of the National Police and the Royal Malaysian Police. Kabareskrim Polri Argo Yuwono confirmed that the national police will make arrests, which has proven the existence of "P2P" (police to police). Based on the previous description, future researchers will be interested in discussing this issue in the form of a scientific paper titled "Legal Analysis of the Extradition Treaty between the Government of Indonesia and the Government of the Kingdom of Malaysia (Case Study: Joko Sugiarto Jandra)" The question of this study is: Between Indonesia and Malaysia in the case of Joko Jandra How is the extradition treaty enforced? The method used in this study is the normative legal research method. Normative legal research is literary legal research. In normative legal research, library materials are the basis data classified as secondary data in (scientific research). The extradition mechanism imposes very stringent and onerous requirements and restrictions in the process of handing over and handing over offenders, but precisely within the honorable and ideal position of the extradition agency as a legal institution for the elimination of international crime.
ANAK SEBAGAI TENTARA DALAM KONFLIK BERSENJATA MENURUT PERSPEKTIF HUKUM HUMANITER INTERNASIONAL DAN KONVENSI HAK ANAK 1989 Lay Riwu, Agustiyono Elfondag; Kase, Dhesy A; Bunga, Gerald Aldytia
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13343

Abstract

War and conflict have become an inseparable part of human history. One of the victims of war is children who are actually the forerunners of the continuation of life and the future of mankind .It is on this basis that various provisions in international law emerged to recognize children's rights and protect children from armed conflicts, including the 1989 Convention on the Rights of the Child. Nevertheless, exploitation of children in armed conflicts still occurs in various parts of the world. This study aims to re-examine the mechanism of child protection in the 1989 Convention on the Rights of the Child and related provisions and to look at its implementation and weaknesses in order to find solutions to increase the effectiveness of implementing these provisions. The main source of this research is the 1989 Convention on the Rights of the Child and its additional Protocols, accompanied by UN reports on various gross violations of children's rights in various countries.Based on the results of the research, it was found that in various countries in the world the number of uses of children in armed conflicts is still very concerning, Thus, it was concluded that a better approach and more concrete efforts from various parties are needed to reach a resolution and stop conflicts that continue to victimize children.
Harmonisasi Aturan WTO (World Trade Organization) Dengan Undang-Undang Nomor 3 Tahun 2020 tentang Pertambangan Mineral Dan Batu Bara Dalam Sengketa Ekspor Nikel: Studi Kasus Gugatan Uni Eropa Terhadap Indonesia Ismail, Zafierdia Aziza; Kase, Dhesy A
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22415

Abstract

: Indonesia's ban on nickel ore exports since 2020 has triggered a dispute with the European Union at the WTO, as it was deemed to violate Article XI:1 of the GATT 1994, which prohibits quantitative export restrictions. Indonesia argued that the policy aimed to protect natural resources and promote downstream industrialization for the prosperity of its people, as mandated by Article 33 paragraph (3) of the 1945 Constitution. This dispute highlights the tension between national sovereignty over natural resource management and international obligations within the global trade system. The WTO Panel ruled that Indonesia’s policy was inconsistent with the GATT, sparking debate over the fairness and flexibility of WTO rules for developing countries. This study aims to analyze two main issues: (1) The harmonization of WTO rules with Law No. 3 of 2020 in the context of the EU’s complaint, and (2) The impact of the WTO’s decision on Indonesia’s nickel ore export ban policy. The research method used is normative legal research with a qualitative approach based on literature study. The findings indicate that the WTO’s decision in case DS592, which favored the European Union, could potentially undermine Indonesia’s downstream strategy. However, due to the dysfunction of the Appellate Body following a U.S. blockade, the appeal process has been delayed, allowing Indonesia to maintain its export policy for now. If Indonesia wins the appeal, Law No. 3 of 2020 and Minister of Energy and Mineral Resources Regulation No. 11 of 2019 can remain in force. If it loses, the policy must be adjusted to align with GATT 1994, possibly through a limited quota system, progressive export taxes, or downstreaming incentives. Harmonizing policies is crucial to balance national interests with international obligations and to enhance the effectiveness of industrial downstreaming through selective policies and strict supervision.
ANALISIS KASUS PERBUDAKKAN DI ATAS KAPAL PENANGKAP IKAN ASAL CHINA KEPADA SEKELOMPOK PEKERJA INDONESIA DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Maramba, Umbu Frenly Y; Kase, Dhesy A
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22655

Abstract

This article analyzes the practice of modern slavery experienced by Indonesian crew members aboard the Chinese-flagged fishing vessel Long Xing 629, which involved forced labor, violence, document confiscation, and burial at sea without family consent. This study employs a normative legal method using statutory, conceptual, and case approaches. It focuses on how international legal instruments such as ILO Convention No. 29, ILO Convention No. 188, the 2000 Palermo Protocol, and UNCLOS 1982 regulate the protection of migrant workers in the maritime sector and establish the responsibilities of both flag states and countries of origin. The findings reveal that weak enforcement of the genuine link principle and abuse of the flag of convenience system have exacerbated slavery practices at sea. Furthermore, enhanced inter-state cooperation, domestic legal reform, and international collaboration are crucial to strengthening legal protection and preventing future exploitation.
Co-Authors Gerald Alditya Bunga Ismail, Zafierdia Aziza Lay Riwu, Agustiyono Elfondag Maramba, Umbu Frenly Y Nuban, Julio Benyamin Tukan, Elisabeth N S B