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Akbar Kurnia
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Uti Possidetis: Journal of International Law
Published by Universitas Jambi
ISSN : 27218031     EISSN : 27218333     DOI : https://doi.org/10.36565/up
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Uti Possidetis: Journal of International Law is a peer-reviewed journal published by the Faculty of Law Universitas Jambi. It aims primarily to compile innovative research in the studies of International Law, facilitates professional discussion of the current developmnetas on international legal issues and is intended to build the interest of Indonesian scholars and decision makers on the important roles of International Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 2 No 2 (2021)" : 5 Documents clear
Yurisdiksi Kelompok Pemberontak Pra dan Pasca Pengakuan Sebagai Subjek Hukum Internasional Chusnein, Akbar; Putra, Akbar Kurnia
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.11762

Abstract

This research aims to provide a general understanding of the jurisdiction for rebel groups before and after their recognition as belligerents, or the shift of the groups in question from domestic legal subjects to legal subjects of the international law. The type of method used in this research is in the form of normative legal research, which utilizes the collection of legal materials relevant to the object of research in the form of literature; The materials referred to are such as: (a) Primary legal materials: The Charter of United Nation, The Geneva Convention, The Hague Convention; (b) Secondary legal materials: legal science books, legal science journals, legal research reports, scientific articles, seminar materials, workshops, and so on; (c) Tertiary legal materials: Legal materials which precepts or provides an explanation on the primary and secondary legal materials, such as legal dictionaries, newspapers, the internet and so on.
Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia Panjaitan, Annisah Dian Utami; Novianti, Novianti; Farisi, Mochammad
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.11839

Abstract

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.
Pengapusan Hak Veto Dalam Rangka Reformasi Dewan Keamanan Perserikatan Bangsa-Bangsa Afrilianti, Dewi; Ardianto, Budi; Pebrianto, Dony Yusra
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.12114

Abstract

This study aims to find out what is the reason the veto is considered irrelevant to the Security Council in realizing world security and peace in connection with the plan of veto power in the framework of reform of the United Nations Security Council because the use of veto rights by the five permanent member states of the Security Council, especially the United States has been used with no limits. The research method used is normative type with statutory, conceptual, and case approach. The results of this study show that the security council's veto power in practice has deviated from its original intent. The reform efforts of the United Nations Security Council have many obstacles but the main obstacles that greatly hinder the reform efforts are the arrogant, selfish, and willless nature of the permanent members of the United Nations Security Council who are veto holders to continue to maintain their hegemony and national interests. Keywords: United Nations; Right; Veto;
Tanggung Jawab Perusahaan Dalam Komersialisasi Ruang Angkasa dan Implikasinya Terhadap Outer Space Treaty 1967 (Studi Tentang Wisata Ruang Angkasa) Tyasworo, Niken; Jumena, Mas Nana
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.12203

Abstract

The exploratory utilization of outer space is currently take a place following the development of science and technologies. At first, the exploration was done by government only, in this time, private companies also take part to do the outer space exploration.The outer space tour activities is one form of outer space commercialization. This time, those activities is still in the developing process for the better future business, especially in the law aspect for the outer space tour activities. So that, an explanation of the outer space tour activity is one particular part that should be extremely clear and understandable for the sake of tourist’s security. Such as, how far the responsibility is given by government and private companies in case of an accident during the outer space tour activities.The conclusion of this research is to mention that Outer Space Treaty 1967, Rescue Agreement 1968, Liability Convention 1972 and Registration Convention 1975 are all be able to applied as basic law for the outer space tour activities. Therefore, the outer space tour activity is something that could have been done routinely in the future and that makes the laws and regulations must be evident, equitable, and liable in order to ensure comfort and safety for the outer space tourists.
Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia Ayu S, Rizza; Ramlan , Ramlan; Repindowaty, Rahayu
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.12334

Abstract

The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.

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