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Dr. Rudi Natamihardja, S.H.,DEA
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Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Prof. Soemantri Brojonegoro, Gedong Meneng, Bandar Lampung
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Lampung Journal of International Law (LaJIL)
Published by Universitas Lampung
ISSN : 26566532     EISSN : 27232603     DOI : https://doi.org/10.25041/lajil
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Lampung Journal of International Law or abbreviated as LaJIL, is an international journal published by the Faculty of Law, University of Lampung. The scope of this Journal is the development of international law sciences. LaJIL is a means of publication from results of the research, and a means of sharing developments in international law field. The background of the establishment of LaJIL Journal is focus on international law in Indonesian aspect. Therefore, Faculty of Law, University of Lampung took the initiative to establish a journal that specifically develops the issue of international law. Thus, we hope that the results of LaJIL publishing will provide an important output for the development of international law in generally, and to provide knowledge of international law of the sea, international human rights law, international of humanitarian law, international organization law, international trade and economics law, diplomatic law, international settlement disputes law, air and outer space law, international environmental law, international criminal law, and informatics and technology law in particularly. The article which will be published by LaJIL is a review article relating to the development of international law, both public and private international law. LaJIL is available in both print and online version.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2023)" : 7 Documents clear
Discrimination as a Global Paradigm: United Kingdom and United States of America in Focus Ousu Mendy
Lampung Journal of International Law Vol. 5 No. 2 (2023): Issue In progress (August 2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3030

Abstract

In spite of the commitment of the international community to the protection of human rights, equality before the law still remains a global problem. This research focuses on the problem of discrimination as a worldwide issue imposed on society. The aim of this research is to present a global perspective on the current threat of discrimination as a paradigm shift from equality before the law as a universal principle articulated in Universal Declaration of Human Rights which is the principal human rights instrument. A normative research method is used in this work with extensive theoretical approach. In this method, secondary data like journal articles, books and international conventions are used to support the basis of this research. This research finds that, for some time now, democracy experiences setback by different factors such governance in the forms of autocracy, and unconstitutional change of governments through of coup d' état. The impact of discrimination on equality before the law as a rule of law in modern governance is as topical as it is ever destructive. Women also have made significant progress in many areas over time in places where discrimination is low, including closing some gender gaps. The load of adversity is shared between men and women in our troubled world in a very unequal manner, nevertheless.
Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea Khoirur Rizal Lutfi
Lampung Journal of International Law Vol. 5 No. 2 (2023): Issue In progress (August 2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3054

Abstract

China's unilateral claim to an area in the South China Sea, which it calls the nine-dash line, the traditional fishing ground, has triggered boundary conflicts in border countries. In this context, Indonesia calls the area that intersects the North Natuna Sea based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This difference in perception is alarming to the international relations between the two countries. This paper aims to analyze how international law views the position of political and cultural boundaries as the basis for claims to an area. This way, dispute resolution with a win-win solution perspective can be formulated in the South China Sea case. The analysis results show that political and cultural boundaries have justification and legitimacy based on international law. Political boundaries emphasize the State's commitment to translating agreements into international treaties bilaterally, regionally, or universally. In contrast, cultural boundaries still require an inventory of the evidence that China's claim is based on, whose legitimacy process must be based on a decision-making institution. However, any legal process will be challenging if the cultural approach is not completed. Apart from that, the essential thing in resolving the South China Sea conflict is the commitment of the State's compliance to international agreements made, decisions of dispute resolution institutions, and settlement steps through a cultural approach.
Portuguese Imperial Building in the Kotte Kingdom of Sri Lanka as a Reflection of 16th Century International Law Amarasinghe, Punsara
Lampung Journal of International Law Vol. 5 No. 2 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.2946

Abstract

The role of colonialism in shaping international law has been a contentious issue among legal scholars, who overwhelmingly view international law as a tool of imperialism. This paper describes the 16th-century interactions between the Portuguese and Sri Lanka, which served as early instances of an international legal system biased towards European interests. The practices adopted by the Portuguese in Sri Lanka during their engagements with the Kotte kingdom represent early instances of unequal treaties, the undermining of sovereignty, and the imposition of "puppet rulers." This paper critically examines these practices in the context of the evolution of international law during the 16th century.
Discrimination as a Global Paradigm: United Kingdom and United States of America in Focus Mendy, Ousu
Lampung Journal of International Law Vol. 5 No. 2 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3030

Abstract

Despite the international community's commitment to protecting human rights, Equality before the law remains a global problem. This research offers a global perspective on the current threat odiscrimination emerging from the paradigm shift from Equality before the law as a universal principle declared in the Universal Declaration of Human Rights. This normative research explored extensive theoretical approaches based on secondary data, including journal articles, books, and international conventions. The results of this research showed that the current democratic system is experiencing a setback due to different factors that include autocracy and unconstitutional change of governments through coup d' état. The impact odiscrimination on inequality is destructive. Women have also made significant progress in many areas over time in places wherdiscrimination is low, enabling them to close the gender gaps.
Political and Cultural Boundaries in South China Sea Disputes between China and Indonesia Lutfi, Khoirur Rizal
Lampung Journal of International Law Vol. 5 No. 2 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3054

Abstract

China's assertion of sovereignty over the South China Sea through its nine-dash line, encompassing areas traditionally utilized for fishing, has precipitated territorial disputes with neighboring countries. Indonesia, for instance, refers to the overlapping zone as part of the North Natuna Sea, grounding its claim on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This divergence in territorial claims has notably strained relations between China and Indonesia. This paper presents the stance of international law on establishing political and cultural boundaries as the foundation for territorial claims to propose a dispute resolution framework for the South China Sea conflict that seeks a win-win outcome for all parties involved. The findings of the analysis indicate that political and cultural boundaries can be legitimized under international law. Political boundaries are reinforced by a state's ability to convert agreements into international treaties through bilateral, regional, or global mechanisms. On the other hand, cultural boundaries necessitate a thorough compilation of evidence to support China's historical claims, a process that a recognized decision-making body must adjudicate. Notwithstanding, the efficacy of any legal adjudication may be undermined without a comprehensive cultural reconciliation effort. Crucially, the resolution of the South China Sea dispute hinges on the adherence of states to international agreements, the rulings of dispute resolution bodies, and the implementation of settlement measures that incorporate a cultural dimension.
The The Legitimacy of CJEU in the Settlement of Trade Mark Disputes between Non-European Union Foreign Companies: A Case Study Musthafa, Annas Rasid; Putrazta, Satriya Aldi; Efendi, A’an
Lampung Journal of International Law Vol. 5 No. 2 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3206

Abstract

Protection of Intellectual Property Rights (IPR) is important for companies to maintain brand awareness. One of the challenges in trademark protection involves resolving disputes under a supranational organization, specifically The Court of Justice of the European Union (CJEU). This Court has jurisdiction to adjudicate cases involving foreign companies from non-EU countries, which can present complexities for those entities navigating the legal framework and protections afforded within the EU. This research examined the authority, legitimacy, and application of justice through CJEU in resolving disputes between foreign companies. This normative legal research used a statute approach, case study, and library research. Based on the research results, the authority and legitimacy of CJEU in resolving disputes with foreign companies have been regulated in the Maastricht treaty. The submission of foreign companies is also related to the opposing party, a company flagged by an EU member state. The use of CJEU in resolving disputes requires parties to maximize all judicial remedies available at the national before proceeding to the international level.
Legal Assistance for Underprivileged Communities to Access Justice within the Human Rights Perspective Ikbal, Ikbal; Datuan, Gabriella Almasari
Lampung Journal of International Law Vol. 5 No. 2 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i2.3258

Abstract

Legal aid promotes justice and human rights, which the central and local governments should provide. Unfortunately, the provision of legal aid for underprivileged communities still requires improvement. Legal aid provided by legal aid activists, institutions, mass organizations, political parties, and non-governmental organizations is still not optimal due to administrative problems and the legalization of legal aid practices. This research provides insights into the significant benefits of legal assistance for underprivileged communities. This research also proposed a novel legal perspective and reform regarding equal distribution of justice.

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