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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 68 Documents
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Non-Claimant States Perspectives On The South China Sea Dispute Rusmuliadi Rusmuliadi
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2717

Abstract

The problem in the South China Sea is becoming increasingly complex because other parties outside the claimant country also fight for their regional interests. The other party was later called a non-claimant state in the South China Sea area. The main purpose of these non-claimant states is to ensure that international law of the sea is enforced in any part of the sea on the planet. The main reason is to ensure safety and freedom to cross this route, the main sea route for transporting various goods and commodities with high economic value. In general, these non-claimant states oppose China's actions that do not follow the agreed UNCLOS. The juridical normative research methods with literature studies present the legal basis for the actions of non-claimant states in the South China Sea region. This study describes the basis of international law as well as the interests and policies of non-claimant states such as Indonesia, the USA, the UK, Australia, the EU, Japan, and India over the South China Sea region, which is most active in showing their attention to the dynamics in the South China Sea.
The Relevance of Gender Mainstreaming in Indonesia to Women's Rights in Islamic Law Rossa Ilma Silfiah; Humiati Humiati
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2757

Abstract

Gender mainstreaming is a government effort in upholding women's rights, because women's rights are an inseparable part of human rights. Protection of human rights is a state guarantee which is given to its citizens as a manifestation of the objectives of the Pancasila legal state as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia. In Indonesia, gender mainstreaming has been established through Presidential Instruction Number 9 of 2000 concerning the Implementation of Gender Mainstreaming (PUG) under construction. This study will focus on gender mainstreaming on the development in Indonesia and the development of justice and gender equality in Islamic studies. Protection of human rights is the main goal in the application of Islamic law, including the protection of women's rights that has always been a major topic in Islamic studies and gender. By using qualitative descriptive method, it will be easy to find Islamic ideas, social activities at the time of the Prophet about women's rights. If examined comprehensively, in pre-Islamic history, namely the period of ignorance, it was a period that greatly demeaned women. At that time, if a baby girl was born, she would be buried alive right away, or if she was allowed to live, she would suffer humiliation. The purpose of this study is to find a conclusion that emphasizes women's rights which have been neglected so far, even though the use of religious arguments often prevents women from obtaining their rights. So with this affirmation, it is hoped that it will be able to control violence against women which has often occurred. Through gender mainstreaming, development is to achieve gender equality and justice (KKG) through integrating the experiences, needs, aspirations of women and men into various policies and programs starting from the planning, budgeting, implementation, and monitoring stages.
Refugee Protection in Multi-level Governance Regimes: A Case for Kenya and Indonesia Vincent G. Yatani
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2868

Abstract

In Indonesia, The Presidential Regulation No. 125 of 2016 concerning the management of asylum seekers, signed by President Joko Widodo on the last day of 2016, formalizes the role of sub-national units in refugee management, including the provision of appropriate, non-custodial accommodation. While in Kenya, the recently enacted Refugee Act of 2021 alludes to the engagement of the County Governments in Refugee protection. Within the context of the legal framework of these two countries, this article analyses the place of refugees in a multi-layered governance system through a comparative appraisal of local government structures in the selected States. The Article compares forms of decentralization adopted in these two refugee-hosting countries with the primary aim of establishing local government formation responsive to asylum seekers' plight.  The research finds a novelty that involving local governments in refugee protection is a crucial step toward the effective and sustainable management of displaced populations. However, for it to be effective, it must be supported by adequate resources, clear guidelines, and a strong institutional capacity.
Shackling Persons with Mental Disability in International Human Rights Law and its Implementation in Indonesia M Yakub Aiyub Kadir; Dara Rizki Fadillah
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2895

Abstract

This article investigates the implementation of human rights protection for persons with a mental disability who are being shackled and its challenges in Indonesia.  Using a doctrinal and empirical approach, this article found that laws and regulations concerning persons with mental disabilities are yet not fully in line with international human rights law, and governments’ efforts to free persons with mental disabilities from shackling eventually have succeeded in reducing the number of shackling cases, however, have not been fully effective. Other obstacles in their community and family, such as stigma, discrimination, and lack of public knowledge about mental health, can hinder fulfilling the rights of persons with mental disabilities. It is recommended to revise articles or laws and regulations which infringe international law and scale up efforts, whether in funds allocation or human resources, facilities, and access to affordable, adequate rights-based mental health services.
Transnational Smuggling of Migrant Workers from International Law Perspective Ni Nengah Adiyaryani; I Putu Rasmadi Arsha Putra
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2917

Abstract

Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.
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.

Page 5 of 7 | Total Record : 68

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