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Diplomatic Asylum in International Law: A Comprehensive Study of the Threshold of Diplomatic Asylum Between States Hasan, Laura Kurniadi; Naftalie, Livia Aurelia; Gunadi, Ariawan
Journal of Health Education Law Information and Humanities Vol 2, No 1 (2025): Februari 2025
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/helium.v2i1.4918

Abstract

Diplomatic asylum represents a contentious area of international law, lying at the intersection of state sovereignty, territorial jurisdiction, and the humanitarian imperative to protect individuals facing persecution. This study explores the legal threshold for granting diplomatic asylum, focusing on the interplay between the rights of the host state and the obligations of the asylum-granting state. While the Vienna Convention on Diplomatic Relations (1961) establishes the inviolability of diplomatic premises, it provides no explicit provisions for asylum, resulting in a fragmented and inconsistent framework. The requirement for host state consent is analyzed as a critical factor in balancing sovereignty with humanitarian concerns, often leading to diplomatic tensions and breaches of international law. Moreover, the absence of enforcement mechanisms exacerbates the challenges in resolving asylum-related disputes.Through a detailed legal analysis, this study argues for the necessity of a multilateral treaty under the auspices of the United Nations to harmonize practices and establish clear norms governing diplomatic asylum. It also emphasizes the potential of regional cooperation in reducing conflicts and setting precedents for broader international frameworks. By addressing these gaps, this article aims to contribute to the development of a coherent legal regime that reconciles the competing interests of state sovereignty and individual protection.
Electronic Contracts and E-Signatures in Indonesia: Legal Framework and Challenges in the Digital Revolution Hasan, Laura Kurniadi; Putra, Moody Rizqy Syailendra
Journal of Health Education Law Information and Humanities Vol 2, No 1 (2025): Februari 2025
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/helium.v2i1.4769

Abstract

This paper explores the legal framework and challenges surrounding the implementation of electronic contracts and e-signatures in Indonesia, particularly in the context of the digital revolution. It delves into the evolving contract law under the influence of digitalization, highlighting the critical aspects of Law No. 11 of 2008 (ITE Law) and Government Regulation No. 71 of 2019. The paper addresses the legal requirements for valid electronic contracts, the role of certified and uncertified e-signatures, and the complexities involved in their enforcement. It also identifies key challenges, such as technology-neutrality, cross-border recognition, and the role of certification authorities, that affect the integration of Indonesia's legal framework with global standards. The findings emphasize the need for further legal reforms to enhance the security, flexibility, and reliability of electronic agreements, supporting Indonesia’s digital economy.