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Akbar Kurnia
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Universitas Jambi, Faculty of Law Jl. Lintas Jambi - Ma. Bulian KM. 15, Mendalo Darat, Jambi Luar Kota, Muaro Jambi, Jambi, Indonesia 36122
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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 3 No 2 (2022)" : 5 Documents clear
Perlindungan Hukum Terhadap Anak Yang Berada Di Wilayah Perang Menurut Konvensi Jenewa 1949 Dengan Protokol Tambahan 1977 Amini, Intan; Pebrianto, Dony Yusra
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.14475

Abstract

This article discusses how to protect children who are in areas of armed conflict. Protection of children has been regulated in the Geneva Conventions of 1949, Additional Protocols 1977, International Convention on The Rights of Childs 1989, Optional Protocol on Involvent of Children in Armed Conflict 2000. However, the parties to the conflict still violate the principle of distinction, the principle of limitation, the principle of balance, and the principles of protection that apply in international humanitarian law. In fact, Humanitarian Law prohibits civilians from being used as objects of violence and must be given protection from all matters relating to war. Meanwhile, combatants can be used as objects of violence during war, but they must still be given protection when they are prisoners of war. As a form of state responsibility, criminal sanctions and compensation need to be applied to ensure legal certainty and provide justice for the parties who are victims according to humanitarian law.
Beijing Treaty on Audiovisual Performances: Sudah Konsistenkah Hukum Indonesia Pasca Ratifikasi? Andiani, Tia; Kusniati, Retno
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.17180

Abstract

This article discusses Indonesia's commitment to providing legal certainty for audiovisual performances in Indonesia. This article concludes that there is no consistency in Indonesian law in providing legal protection for audiovisual performances that have been ratified by Indonesia through Presidential Regulation No. 2 of 2020 on the international legal instruments of the Beijing Treaty. The issuance of Presidential Regulation Number 2 of 2020 does not necessarily provide legitimacy to apply these rules into Indonesian national law. Therefore, it is necessary to develop the law by establishing or changing copyright laws in accordance with the substance of the state's obligations in the Beijing Treaty for the protection of all parties involved in audiovisual performances.
Legitimasi Hukuman Mati: Perlukah Mandatory Consular Notification Antar Negara? Fatriani, Lendra; Sipahutar, Bernard
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.17565

Abstract

This article questions how the Mandatory Consular Notification practice applied by the Kingdom of Saudi Arabia to Indonesia in rescuing workers sentenced to death. Mandatory Consular Notification is the right to obtain information and access related to state representatives for their citizens and citizens' rights to state representative staff. This is the main guideline in the management of international relations which has been regulated in Article 36 and Article 37 of the 1963 Vienna Convention. In its implementation, the Kingdom of Saudi Arabia does not carry out Mandatory Consular Notification in accordance with applicable regulations. Therefore, Indonesia needs to ensure legal protection efforts for its workforce by conducting a Memorandum of Understanding with the Kingdom of Saudi Arabia. In addition, Indonesia also needs to seek other legal steps, especially in the form of agreements in order to create legal certainty between the state parties.
Pengantin Pesanan (Mail-Brides Order): Solusi atau Pelanggaran HAM? Khameswara, Defri Wim; Ardianto, Budi
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.17917

Abstract

This article discusses the responsibility of the state in eliminating the practice of trafficking in persons. One form of this practice is mail-brides order. One child policy in China is one of the causes. Meanwhile, the similarities in culture and economic factors make Singkawang the location for mail-brides order transactions. To overcome this, Indonesia has ratified the Palermo Protocol by establishing Law No. 14 of 2009 concerning the Protocol to Prevent, React and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. . The violations that occurred in Singkawang were a form of human trafficking using 2 ways according to articles 5 and 6 of the law. Therefore, this will become a barrier for law enforcement in tracking and eradicating the crime of trafficking in persons, especially against victims of minors or children.
Eksistensi Takhta Suci Vatikan: Relevansinya terhadap Penundukan Diri Suatu Negara Yanubi, Yustinus Stevanus; Wattimena, Josina Augustina Yvone; Peilouw, Johanis Steny Franco
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.18059

Abstract

Abstract This article discusses the existence of the Holy See in the international community, especially in terms of religious spirituality to appoint bishops as part of their rights as subjects of international law. The existence of the Holy See as a subject of international law is recognized through the recognition of states against the decision to appoint bishops by the Pope. This article uses a normative juridicial method with the main source being legal materials containing normative legal rules. The decision to appoint bishops by the Pope can basically make countries submit to themselves. This is reflected in various forms of recognition by countries such as positive legal recognition, political recognition, and tacit recognition. In the context of the case with the Chinese government, it can be seen that China has made tacit recognition of the Pope's authority in appointing bishops. So that it can be firmly said that the recognition is a respect for the rights of the Holy See in accordance with international law.  

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