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Padjadjaran Journal of International Law
Published by Universitas Padjadjaran
ISSN : 25492152     EISSN : 25491296     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Padjadjaran Journal of International Law (PJIL) is a peer-reviewed international law journal published by the Department International Law, Faculty of Law Universitas Padjadjaran. PJIL publishes its articles annually every January. The articles published by PJIL are scientific articles that explain a research result and analytical review in the field of international law.
Arjuna Subject : -
Articles 109 Documents
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Human Rights in the Distribution of Vaccines Against Civilians According to International Law: An Analysis of Human Rights Problems in the Acceptance of Vaccines COVID-19 in Philippines Nursabila, Arivania Shafa; Rifana, Ruri
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1388

Abstract

In an effort to boost the Philippines' economic recovery amidst the COVID-19 pandemic, the government made the decision in January 2022 to allow foreign tourists to enter the country without the need for quarantine, as long as they can provide proof of vaccination. However, some Filipinos have expressed discontent with this choice, as unvaccinated individuals continue to face travel difficulties. Addressing this issue, President Rodrigo Duterte has warned that those who choose not to get vaccinated and violate stay-at-home orders may face arrest. Extensive analysis and literature review have revealed that vaccination is a communal right. While the decision to receive a vaccine is a personal choice, legal principles dictate that every individual has the right to choose what substances are introduced into their body. However, in cases where there is a high risk of contagion, such as with Covid-19, governments may mandate the distribution of vaccines for public safety. This conclusion is based on an evaluation of international legal instruments, including the UDHR, ICCPR, ICESCR, and others.
Arbitration as the Dispute Settlement Method to Address Harmful Interference in the Age of Mega-Constellations of Satellites Pratidina, Safira; Latipulhayat, Atip; Handayani, Irawati
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1448

Abstract

The increasing demand for radio frequency spectrum usage for the launch of mega-constellations of telecommunication satellites will potentially increase incidents of harmful interference to radiocommunication. International law has yet to regulate a compulsory method of dispute settlement for harmful interference disputes. Currently, most cases of harmful interference are solved through technical and political means. However, those methods cannot address damage claims that may be caused by harmful interference, which may become increasingly common with the growing participation of private entities. Article 56 of the ITU Constitution has regulated several dispute resolution methods related to telecommunications, namely negotiation, diplomatic channels, other methods mutually agreed upon by the parties, and arbitration. This study aims to analyze these methods of dispute settlement and determine the most appropriate method to address harmful interference disputes. As the diplomatic dispute settlement methods do not result in enforceable legally binding decisions, this study argues that arbitration is the most appropriate method to settle disputes concerning harmful interference because it offers more neutrality in its proceedings and the confidentiality of sensitive information. It may also decide on damages as part of the arbitral award. Arbitration awards are final and binding, thus offering legal certainty to the parties to the dispute. States have generally recognized arbitration awards and created mechanisms to enforce arbitral awards. This study also recommends that the ITU implement compulsory arbitration with limitations and create a harm-claim threshold.
Protecting Indonesian Children in Adapting Climate Change Based on Business and Human Rights Principles Ezra, Tobias Binsar; Dewi, Chloryne Trie Isana
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1606

Abstract

Based on research data, the climate change condition has increased globally. Indonesia is a part of this condition with over 100% increase in carbon emissions over the last 12 years. When it comes to the context of climate change, children have a different position as they become the most medically vulnerable group and are pivotal to Indonesia's future, demanding special attention. Previous research pointed out that one of the possible major contributors towards climate change and carbon emissions is companies in industrial and energy activities. With the availability of the child rights convention and national law, this article will answer the notion of whether the existing National Law in Indonesia is sufficient to prevent and protect the rights of Indonesian children in the future, along with an analysis of how business and human rights can push companies to comply and be held accountable in case of violation. The methodology that will be used in this research is the normative juridical method, creating a specific approach to laws and regulations based on data analysis. This article concludes that Indonesia will need to include more Climate change and Business and Human Rights aspects to handle the future implications of climate change impact. This article also concludes that to have a strong hard law system in Indonesia, an integration of International frameworks and Business and Human rights principles into the national law is essential.
The Urgency of Handling Illegal, Unreported and Unregulated Fishing in the Indonesian Border Region Perspective: Marine Security in the Makassar Strait Hasan, Yulia; Nurbaiti, Siti; Hamid, Abd. Haris
Padjadjaran Journal of International Law Vol. 8 No. 1 (2024): Padjadjaran Journal of International Law, Volume 8, Number 1, January 2024
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i1.1622

Abstract

ASEAN Outlook on Indo-Pacific (AOIP) plays a role in maintaining peace, security, stability and prosperity in the Asia Pacific and Indian Ocean (Indo-Pacific) region. However, due to common and competing interests, there are still conflicts in the region's implementation. Maritime security cooperation, which includes addressing illegal, unreported, and unregulated (IUU) fishing, is one of the most important issues in the ASEAN region. The research intends to examine law enforcement against IUU violations in the ASEAN region, as well as the consequences of IUU violations by ASEAN countries on waters in the Makassar Strait. This is a qualitative study that employs a normative-empirical approach. The first problem is analyzed using the normative aspect, which is based on international and national law on ASEAN agreements on IUU, law enforcement, and other issues. While the empirical aspect is used to analyze the second problem through in-depth interviews about Makassar Strait water supervision and law enforcement. Based on the research findings, IUU law enforcement in the ASEAN Region must be carried out firmly to parties that threaten security and stability in the ASEAN Region, as outlined in each agreement participant's national law. Meanwhile, the legal consequences of IUU violations in the ASEAN Region have an impact on the security and stability of the waters of the Makassar Strait.
ASEAN Outlook on The Indo-Pacific Concerning The Implementation of National Determined Contributions To Achieve Sustainable Development Goal 13 Wartini, Sri
Padjadjaran Journal of International Law Vol. 8 No. 2 (2024): Vol. 8 No. 2 (2024): Padjadjaran Journal of International Law, Volume 8, Number
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i2.1692

Abstract

The aim of the research is to analyze comprehensively the ASEAN Outlook on the Indo-Pacific (AOIP) concerning the Implementation of National Determined Contributions (NDCs) to achieve Sustainable Development Goal 13, namely “take urgent action to combat climate change and its impacts”. The bad impacts of climate change do not only cause serious impacts to the environment but also to the economic, social life and culture. International cooperation both regional and universal are important due to an individual state will not be able to overcome the bad impacts of climate change. The ambitious commitment of a single state as a member of the Paris Agreement to reduce emission stipulated in the NDCs should be performed in good faith. Indeed, the success of the NDCs will depend on the commitment of individual state to comply and perform the commitment due to the voluntarily character of the NDCs. The AOIP was formulated to guide cooperation and to create the environment for peace, stability, and prosperity while upholding the rules-based regional architecture. However, the AOIP is not legally binding. The research is a normative juridical research, and the approaches are employed are conceptual approach and statutory approach. The results of this research demonstrates that the implementation of NDCs faces many challenges in the ASEAN and Indo-Pacific which depend on the situation and condition of each state, however, there are some opportunities that can be performed.
Legal Framework for Preventive and Proactive Measures under the Bangladesh of Mental Health Act 2018 Nower, Anika; Ontar, Md. Morshed Hossain
Padjadjaran Journal of International Law Vol. 8 No. 2 (2024): Vol. 8 No. 2 (2024): Padjadjaran Journal of International Law, Volume 8, Number
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i2.1710

Abstract

Mental health issues are a growing concern globally, and Bangladesh is no exception. Despite International treaties like Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR) and Convention on the Rights of Persons with Disabilities (CRPD) , emphasizing the protection of individuals with mental health problems, domestic implementation remains a challenge.. The Bangladesh Mental Health Act, 2018 aims to align with international standards to safeguard the rights of individuals with mental disabilities, yet the law has had some successes in certain areas but has also faced challenges or shortcomings in others. This article analyzes the strengths and weaknesses of the Act, examining how well it adheres to international standards and its impact on the rights and treatment of mentally challenged individuals. The Act's objectives, implementation, and adaptation, focusing on its potential to prevent mental health problems and enforce legal protections.
Self-Determination v Remedial Secession: The Status of Republic of Artsakh (Nagorno-Karabakh) under International Law Wulan Christianti, Diajeng
Padjadjaran Journal of International Law Vol. 8 No. 2 (2024): Vol. 8 No. 2 (2024): Padjadjaran Journal of International Law, Volume 8, Number
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i2.1786

Abstract

Nagorno-Karabakh is a region situated between Azerbaijan and Armenia, which has been the subject of a territorial dispute between the two neighbouring countries. The region declared independence as Republic of Artsakh and separated from Azerbaijan. Azerbaijan accused Armenia of unlawfully intervening in the formation of Artsakh, while Artsakh claimed its independence was legal under the Soviet's Law of Secession, asserting its right to self-determination. Artsakh also pointed to human rights abuses and systematic discrimination by Azerbaijan as reasons for its secession. This paper examines the legitimacy of Artsakh's secession and considers the role of alleged human rights violations by Azerbaijan for its legitimacy. International law demonstrated that practices of secession were somewhat accepted provided that a lawful ground has been adequately fulfilled as a mandatory part of divorcing a territory from its mainland. However, Artsakh’s secession from Azerbaijan is not provided by a solid, reasonable measure as a “remedial” for all the casualties that had taken place. Also, on historic ground, Artsakh failed to provide sufficient records and proof to attest to its legitimacy as a separate entity utterly detached from Azerbaijan.
Privacy Protection Guarantee For Data Hacking Victims According To Indonesian Law Aura, Artama; Priowirjanto, Enni Soerjati; Dewi, Chloryne Tri Isana
Padjadjaran Journal of International Law Vol. 8 No. 2 (2024): Vol. 8 No. 2 (2024): Padjadjaran Journal of International Law, Volume 8, Number
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i2.1823

Abstract

Personal data leaks have become one of the major issues in cybercrime. The government has attempted to overcome this issue by implementing Law on Personal Data Protection (UU PDP) and establishing law enforcement agencies for Personal Data Protection. Despite the existence of laws that regulate and agencies responsible for this issue, personal data leaks still occur frequently. One of the cases was the leak of customer data from Bank Syariah Indonesia (BSI). This study analyzes the assurance of privacy rights concerning data managed by Big Data Controllers under the Personal Data Protection Law and identifies legal actions that victims of data hacking due to the data controller’s negligence regarding the Big Data security systems. This research uses normative juridical methods with a descriptive-analytical approach. The results of the research show that Indonesia has regulations to protect the privacy rights of its citizens, specifically in the Personal Data Protection Law which regulates actions and restoration of the right to privacy if data leaks occur by the limitations of this article.
Maritime Terrorism V. Piracy at Sea: Prevention of Maritime Security Threats and the Responsibility of States to Prevent in the Perspective of International Law Kultsum, Fatia
Padjadjaran Journal of International Law Vol. 8 No. 2 (2024): Vol. 8 No. 2 (2024): Padjadjaran Journal of International Law, Volume 8, Number
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v8i2.1884

Abstract

The sea is used as an alternative spatial medium to realize the interests and goals of each country. Nearly 80% of the world's cargo is transported by sea with more than 112,000 ships manned by more than 1.5 million seafarers. However, the sea is also a vulnerable area to violence, including maritime terrorism and piracy at sea which can threaten maritime security and the national economy if there is no special handling. Several conventions govern the international legal regime, including UNCLOS 1982, the SUA Convention, and the ISPS Code. Under international law, coastal states are responsible and obliged to prevent acts of terrorism by taking necessary measures to enhance their maritime security.

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