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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 68 Documents
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Less Stringent Global Health Treaties: Insights from Various Regimes Albar, Rafsi Azzam Hibatullah
Lampung Journal of International Law Vol. 6 No. 1 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i1.3074

Abstract

Global health captured significant attention in the international legal community after COVID-19 struck the world. The formulation of a pandemic treaty sparked discourse on how the regime's treaties should be designed: whether they should adhere strictly to stringent measures or adopt more lenient approaches. This paper argued in favor of the latter. Initially, the research explained the objectives and characteristics of global health treaties as a primary component of global health governance. Then, it compared two sides of the debate on flexibility: the idealism of full commitment by all and the pragmatism of willingness to participate and enforce. With the facts obtained, a contextual analysis of the diplomatic dynamics at the World Health Organization (WHO) was performed to understand the constraints of treaty-making at the main international platform for public health. Lastly, the research proposed four main ideas that make up the ideal party: cognizance of pre-existing realities, allowance for differentiated commitment levels, careful linguistic choices, and the inclusion of a minimal yet effective enforcement mechanism.
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.
Legal and Ethical Considerations in the Use of Force against Civilian Aircraft Török, Csaba
Lampung Journal of International Law Vol. 6 No. 1 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i1.3259

Abstract

Using weapons against civilian aircraft intersects with several critical areas: international legal responsibility, the prohibition of force, the right to self-defense, ethical dilemmas, and the protection of human rights. The arguments presented in this paper emphasize that while self-defense may theoretically allow for the use of weapons against aircraft, there are substantial ethical challenges and strict international legal norms that cannot be ignored. Therefore, employing weapons against civilian aircraft poses numerous challenges that necessitate thorough consideration of both legal and moral aspects. This paper discusses the international legal liability regime for using weapons against civilian aircraft, as well as the associated human rights and ethical responsibilities.
Comparative Analysis of Sensitive Space Technology Regulations in Asean Countries Siregar, Naek; Syofyan, Ahmad; Aida, Melly; Kyrieleison, Eunike Christine
Lampung Journal of International Law Vol. 6 No. 1 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i1.3312

Abstract

Space technology has rapidly evolved due to technological advancements, emphasizing the need for regulatory attention. This paper examines the regulation of sensitive space technology across ASEAN countries through a comparative analysis. Sensitive space technology, a high-stakes field crucial for conducting space activities, requires regulation due to the boundless nature of space. Typically, the regulation of space activities is established within international law, while specific national laws govern these activities in countries actively engaged in the space sector. The research adopts a descriptive qualitative methodology, utilizing literature reviews as the primary data source. This research aims to explore and compare the regulatory frameworks for sensitive space technology in ASEAN countries. This analysis could serve as a guide or benchmark for Indonesia as it develops national regulations on sensitive space technology. The findings reveal that Indonesia has enacted a Space Act dedicated to the space sector. Malaysia similarly regulates its space activities through a Space Act and accompanying Space Regulations. While lacking a specific law for sensitive space technology, Singapore manages these activities under existing legislative frameworks.
Indonesia's protection of Rohingya refugees and regional geopolitical principles Muttaqin, Entol Zaenal
Lampung Journal of International Law Vol. 6 No. 1 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i1.3348

Abstract

As one of the main countries in the ASEAN regional organisation, Indonesia plays an important role in establishing peace and mutually beneficial relations. Even in the case of the mass exodus of Rohingya refugees, which is attracting attention because it is linked to humanitarian issues, many countries are reluctant to accept the arrival of these refugees who are considered stateless. Moreover, many countries are reluctant to accept the arrival of these refugees who are considered stateless, as Myanmar has revoked their citizenship and does not consider them to be citizens. One of the countries visited is Indonesia, and not just as a country seeking political asylum, but in this case Indonesia is obliged to pay attention, even though legally it has not signed the UN Convention on Refugees, particularly Indonesia's position as a large country within ASEAN. Therefore, this paper aims to answer several questions, namely: the format of Indonesia's policy towards Rohingya asylum seekers under humanitarian and human rights law, then the formula of Indonesia's role in resolving the Rohingya refugee conflict in Myanmar in the context of ASEAN's international relations, and the relevance of Indonesia's international policies and the 1951 Geneva Refugee Convention in protecting refugees across Indonesian borders. The method used is a legal empirical method using primary legal source data and analysed qualitatively. The paper concludes that Indonesia needs to pay attention to the international legal framework regarding refugees, that Indonesia's potential in resolving the Rohingya conflict is very strategic because it is politically active, and finally that the relevance of the 1951 Geneva Convention and Indonesia's foreign policy is very compatible because the convention aims to protect refugees.
The Role of UNCLOS 1982 in Maintaining and Protecting the International Marine Environment Kusuma, Anita Dian Eka; Putra, Akbar Kurnia
Lampung Journal of International Law Vol. 6 No. 1 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i1.3379

Abstract

The disposal of nuclear waste into the Sea of Japan is a complex and contentious issue that intertwines international law and environmental concerns. Japan, a major producer of nuclear waste, faces international pressure to manage this waste according to global legal and environmental standards. The United Nations Convention on the Law of the Sea (UNCLOS) provides a framework for managing marine resources, including waste disposal, but ambiguities in the law complicate the definition of state responsibilities. From an environmental perspective, the disposal of nuclear waste could have long-lasting detrimental impacts on marine ecosystems and human health, emphasizing the need for sustainability in decision-making processes. Moreover, international conventions like the Espoo Convention and the Aarhus Convention stress the importance of public participation in environmental governance, advocating for civil society's involvement to ensure public interests and concerns are addressed. This research aims to analyze Japan's disposal actions and explore the role of UNCLOS 1982 in protecting the international marine environment, using a normative juridical approach to examine legal conflicts, gaps, and ambiguous norms.
Economic Security in Border Areas: The Fulfillment of Community Welfare Bangun, Budi Hermawan; Kinanti, Fatma Muthia; Darajati, Muhammad Rafi
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3355

Abstract

Border area management entails navigating geographical complexity and socio-cultural diversity, necessitating a comprehensive approach that integrates security and welfare. This article highlights a paradigm shift from traditional to economic security, recognizing economic dependence as a potential national vulnerability. Despite challenges like geographic remoteness and economic inequality, border regions are vital for economic growth. Using a conceptual approach, the article emphasizes the need to balance security and welfare through cross-border trade development and community empowerment. While Law Number 43 of 2008 aims to manage borders, unclear authority and regulatory overlap hinder effectiveness, compounded by military-focused defense strategies, limited budgets, and inadequate infrastructure. To address these issues, enhancing international cooperation, clarifying authority, and empowering communities through local wisdom are essential. Such empowerment is expected to bolster self-esteem, reduce economic dependency, and strengthen economic security, emphasizing the importance of balancing protection with economic development. Strategies like expanding trade zones and enhancing social capital, alongside infrastructure development and improved social services, are crucial for ensuring access and fostering the welfare of border communities.
Reconceptualizing Corruption as an International Crime: A Review of International Law Wicaksana Prakasa, Satria Unggul
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3363

Abstract

The discourse surrounding corruption as an international crime is increasingly urgent, as it transcends national borders and contributes to economic crises, conflicts, and various crimes that threaten global security. Scholars such as Christensen (2017), Peters (2018), Davis (2018), and Rothe (2010) have linked corruption to human rights violations, revealing that states often struggle to address it effectively. This research seeks to explore how corruption can be redefined as an international crime and what legal accountability mechanisms exist for perpetrators within international law, while also examining the opportunities for the international community to recognize corruption as an international crime. The findings suggest that corruption crimes impacting security, human rights, and environmental integrity, particularly in contexts where states are unable or unwilling to act, should be classified as international crimes, necessitating a global commitment to amend the United Nations Convention Against Corruption (UNCAC) accordingly. Furthermore, the potential for universal jurisdiction over corruption is explored, whether through amending the 1998 Rome Statute or establishing an ad hoc international tribunal, although significant obstacles remain due to states’ commitments to their sovereignty and criminal jurisdiction.
Legal Vacuums: The Challenge of Protection for Climate Refugees Sabirin, Ahmad; Bayuaji, Anandayu Pavita; Keumala, Dinda
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3421

Abstract

Climate change has triggered massive migrations known as climate refugees, individuals who have been forced to leave their homes due to natural disasters and deteriorating environmental conditions. However, the legal vacuum protecting climate refugees is an urgent issue. This article discusses the need to establish new conventions or protocols that specifically regulate the status and safety of refugees due to climate change. The research method is a normative juridical approach analysing applicable legal regulations and relevant case studies. The new convention should clearly define climate refugees, establish their fundamental rights, and affirm the principle of non-refoulement to protect them from deportation to dangerous areas. In addition, the state's responsibility in providing protection and funding mechanisms must also be regulated. While challenges such as disagreements between countries and a lack of awareness remain, global initiatives show progress toward better protection for climate refugees. As such, it is hoped that the new legal framework can provide legal clarity and ensure that the rights of climate refugees are recognised and protected internationally.

Page 6 of 7 | Total Record : 68

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