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Contact Name
Akbar Kurnia
Contact Email
akbarkurnia@unja.ac.id
Phone
+6282111131311
Journal Mail Official
uti_possidetis@unja.ac.id
Editorial Address
Universitas Jambi, Faculty of Law Jl. Lintas Jambi - Ma. Bulian KM. 15, Mendalo Darat, Jambi Luar Kota, Muaro Jambi, Jambi, Indonesia 36122
Location
Kota jambi,
Jambi
INDONESIA
Uti Possidetis: Journal of International Law
Published by Universitas Jambi
ISSN : 27218031     EISSN : 27218333     DOI : https://doi.org/10.36565/up
Core Subject : Social,
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 6 Documents
Search results for , issue "Vol 4 No 1 (2023)" : 6 Documents clear
Tradisi Grindadrap: Pelanggaran Hukum Internasional Berkedok Indigenous People? Tutuarima, Meylin; Anwar, Arman; Wattimena, J.A.Y
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20247

Abstract

Dolphins are protected animals, but dolphin hunting is still found in several countries, one of which is in the Faroe Islands, Denmark. The tradition of hunting dolphins in this country is part of the rights of indigenous peoples called grindadrap. The grindadrap tradition can be categorized as Aboriginal Subsitence Whaling (ASW), where this activity is an act of hunting whales and dolphins for the benefit of culture or traditions that exist in a country. However, this activity is a violation of the International Convention for the Regulation of Whaling (ICRW). This article uses normative legal research and sources of written legal material as its analysis. The results showed that this paradigm shift in the grindadrap tradition has deviated from its main goal, namely as part of meeting people's food needs which are now turning into commercial needs and sports events so that there is a violation of law in the realm of international law. As one of the states parties to the ICRW, Denmark has an obligation to abide by the agreed rules. For this reason, Denmark has a responsibility in solving this violation problem. one of the middle ways to overcome this problem is through the development of conservation-based programs, namely the Conservation Committee Strategic Plan 2016-2026. This effort is more effective relying solely on hunting stops.  The move was used to arouse the enthusiasm of other countries and urged the commission to develop the International Whaling Commission (IWC) into a capable organization to stop whaling and dolphin poaching.
Pemblokiran PayPal sebagai Wujud Penyelenggara Sistem Elektronik Lintas Batas Negara Bachry, Ramadhana Anindyajati; Sari, Noor Annisa Ditya
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20711

Abstract

This article offers a solution to the blocking of PayPal involving international transactions across national borders in terms of the Minister of Communication and Informatics Regulation Number 5 of 2020 concerning Electronic System Operators (PSE). PayPal is a cross-border financial service provider application. The reason for the blocking is because PayPal did not register their permits, while socialization of the registration of the Electronic System Operator Program (PSE) policy has been given 2 (two) years. The PayPal application itself has provided massive financial services and one of the most users is in Indonesia. The use of PayPal by the global community is inseparable from its usefulness in facilitating cross-border transactions, in addition to waiving administrative fees for certain uses, PayPal is also considered to facilitate international transactions. Nonetheless, the blocking by the Ministry of Communication and Informatics poses difficulties for cross-border transactions. The difficulty consists in freezing accounts or foreign exchange owned by consumers. The brief reopening of the block resulted in consumers being materially harmed.  This article uses normative law research methods.
Non-Proliferasi: Problematika Hukum Penggunaan Tenaga Nuklir pada Kapal Selam Militer Mainaldi, Billy
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.17376

Abstract

This article proves that the AUKUS pact has violated the 1968 Non-Proliferation Treaty (NPT). The AUKUS Pact is a cooperation agreement between Australia, Britain and the United States in the development of technology in the defense sector, including the transfer of technology for powered submarines in it. This article uses a normative juridical method with the main source being legal materials containing normative legal rules, and uses statue approch which is Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and Australia-United Kingdom-United States Partnership (AUKUS). In the discussion, it was found that the state parties to the AUKUS pact had violated the NPT, this was evidenced by the transfer of technology for powered submarines with the use of high-grade uranium in the range of 93-97.3%. While the use of uranium above 90% can be categorized as weapons grade. Therefore, the actions of the state parties to the AUKUS pact have violated articles 1 and 2 of the NPT, wherein Nuclear Weapon States (NWS) and Non-Nuclear Weapon States (NNWS) are prohibited from transferring or receiving transfers of nuclear weapons technology in any form. For this reason, this article suggests adding an additional sanction clause to the NPT as well as a revision to Article 10 of the NPT. the addition of sanctions and the revision of article 10 are needed to strengthen the joint commitment of the NPT countries in carrying out the proliferation of nuclear weapons.
Pelanggaran Penelitian Ilmiah Kelautan Tanpa Izin oleh Pihak Asing di Wilayah Indonesia Lapadengan, M. Ikhsan; Afriansyah, Arie
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.19575

Abstract

Scientific understanding of the sea is very important for human activities on the marine environment and the biota contained therein in order to maintain marine ecosystems. It affects the marine environment and the biota contained therein. Marine scientific research refers to various disciplines, such as biology, biotechnology, geology, chemistry, physics, geophysics, hydrography, physical oceanography, and marine drilling. Nevertheless, it is necessary to regulate marine scientific research, both from international law and national law of coastal countries. Indonesia as a member of the 1982 UN Convention on the Law of the Sea, has the authority to regulate and enforce the law on marine scientific research in the jurisdiction of its country. This article will be talk about how Indonesia, as a sovereign country, regulates the jurisdiction of its country, in terms of marine scientific research, as well as how Indonesia's efforts to enforce the law against foreign parties who carry out marine scientific research in its territory. Enforcement of this law will have a major impact on the security of sovereignty and the advancement of science and technology in the marine sector for Indonesia.
Extrajudicial Killing Dalam Kebijakan War on Drugs di Republic of Philippines: Melanggar Statuta Roma? Muthmainnah, Aisyah
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20028

Abstract

This article aims to find out and analyze whether extrajudicial killings arising from the war on drug policy in the Philippines can be the jurisdiction of the International Criminal Court (ICC). This article uses juridical-normative research with a legislative, historical and conceptual approach. The act of extrajudicial killing due to the war on drug policy in the Philippines violates the provisions in the Rome Statute. The Philippines itself was a State Party of the Rome Statute although in the end the Philippines withdrew from the Rome Statute. However, this cannot change the jurisdiction of the ICC to conduct investigations into extrajudicial killings in the Philippines. Extrajudicial killing is a violation of human rights as stipulated in the Universal Declaration of Human Rights and related conventions. The act of extrajudicial killing due to the war on drug policy becomes the jurisdiction of the ICC under Article 7 paragraph 1 of the Rome Statute of 1998, namely crimes against humanity as part of murder. In establishing a crime the ICC uses elements of crimes. Therefore, extrajudicial killings that occur in the Philippines can be the jurisdiction of the ICC.
Perlindungan Hak Asasi Manusia Pekerja Migran pada Piala Dunia Tahun 2022 di Qatar Prakasa, Adinda Putri
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.21816

Abstract

Amid the euphoria of Qatar being selected as the host for the 2022 World Cup, Qatar is in the spotlight of the international community because of the human rights violations that have occurred against its migrant workers. The human rights violations referred to are migrant workers receiving inadequate wages and housing, not being granted a residence permit, poor working conditions and forced labor during preparations for the World Cup. The research method used is descriptive analysis with empirical normative research. This study aims to analyze how the protection of international law and Qatar's national law, especially regarding migrant workers in addressing issues of human rights violations during the process of preparing for and organizing the World Cup. This research also analyzes the policies of FIFA and ILO in eradicating and resolving cases of human rights violations of migrant workers at the World Cup. Based on the research results, it is known that there is international and national legal protection for Qatar in guaranteeing the fulfillment of human rights, especially migrant workers. In addition, international organizations such as the International Labor Organization (ILO) and FIFA can also take responsibility for fulfilling and protecting the human rights of migrant workers.

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