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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 6 Documents
 1 
Search results for , issue "Vol 6 No 3 (2025): Oktober" : 6 Documents clear
Externalization of the Italy-Albania Protocol on Extraterritorial Migration and Asylum Management Toward the Handling of Asylum Seekers in Indonesia Rustam, Olivia Alvionita; Erawaty, Rika; Grizelda, Grizelda
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.44556

Abstract

Background: The surge in migration to Europe, particularly to Italy, has prompted bilateral cooperation with Albania through the Italy-Albania Protocol on Extraterritorial Migration and Asylum Management. This protocol aims to reduce Italy’s burden by transferring the asylum status determination process to facilities in Albania. Meanwhile, Indonesia faces challenges related to Rohingya refugees fleeing persecution in Myanmar, making it a transit country for those seeking protection. This study aims to analyze the legality of the Italy-Albania Protocol in the context of fulfilling the human rights of asylum seekers and explore the application of the concept of externalization of asylum control from the protocol in Indonesia to address the Rohingya issue. The method used is doctrinal research with a legislative and comparative approach, as well as an analysis of international legal instruments such as the Universal Declaration of Human Rights and the 1951 Refugee Convention. The results of the study indicate that the substance of the articles in the Italian-Albanian protocol does not explicitly violate human rights and is in line with international principles. The externalization of asylum control is recognized as a global strategy to reduce migration pressure. However, Indonesia faces limitations in facilities, human rights violations, and the lack of ratification of the 1951 Refugee Convention, while Presidential Regulation No. 125 of 2016 has not been optimal in guaranteeing the rights of asylum seekers. Therefore, international cooperation and ASEAN synergy are essential for responsibility-sharing, improving facilities, and public education to support humanitarian principles and compliance with international law.
Indonesia's Role in Addressing Marine Plastic Waste Pollution in Southeast Asia Under the 1982 UNCLOS Framework Harahap, Rahayu Repindowaty; Putra, Akbar Kurnia; Ramlan, Ramlan; Farisi, Mochammad
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.44724

Abstract

Marine plastic waste has become a significant environmental issue in Southeast Asia, prompting regional efforts to address its transboundary impact. As a member of ASEAN, Indonesia plays a strategic role in implementing international maritime environmental law, particularly the United Nations Convention on the Law of the Sea (UNCLOS) 1982. Objectives: This study aims to examine how ASEAN implements UNCLOS 1982 in tackling marine plastic pollution and to analyze Indonesia’s role in addressing this issue at both regional and national levels. Methodology: The research adopts a normative legal method with a statute approach, focusing on the legal norms within UNCLOS 1982 that pertain to marine environmental protection. Relevant ASEAN declarations and Indonesian national regulations are analyzed to assess their alignment with UNCLOS provisions. Findings: The study finds that ASEAN's implementation of UNCLOS 1982 includes a series of initiatives such as the ASEAN Conference on Reducing Marine Debris (2017), the Bangkok Declaration on Combating Marine Debris in the ASEAN Region (2019), and the ASEAN Framework of Action on Marine Debris. These instruments collectively establish a foundation for regional cooperation. Indonesia has actively participated in these initiatives and has reinforced its commitment through national measures, notably Presidential Regulation No. 83 of 2018 concerning Marine Debris Management, which includes a National Action Plan and the establishment of a National Coordination Team. Novelty: This study contributes to the understanding of Indonesia’s dual role in marine environmental governance-both as a regional actor in ASEAN and as a sovereign state implementing international obligations through national policy.
Kehendak Negara dalam Perjanjian Internasional Hetharie, Brandon Tanner; Wattimena, Josina Agusthina Yvonne; Daties, Dyah Ridhul Airin
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.47155

Abstract

Background: International cooperation through treaties establishes legally binding obligations for states that have expressed their consent to be bound under international law. In practice, however, the exercise of state will as an expression of sovereignty often comes into tension with these binding legal norms. In this context, what is often perceived as a disregard for treaty compliance does not indicate the absence of binding legal force, but rather reflects juridical tensions between treaty obligations and the exercise of state will.This study examines how state will operates within the framework of treaty compliance and influences the binding legal force of international treaties. Methodology: This research uses a normative juridical method with statutory, case-based, and conceptual approaches. Data were collected from primary, secondary, and tertiary legal materials through literature review and analyzed qualitatively and descriptively. Objectives: The study aims to analyze the binding legal force of international treaties and to examine the juridical tensions that arise when state will conflicts with treaty compliance and implementation. Findings: The binding force of international treaties constitutes a complex legal construction that cannot be fully understood through a purely legalistic approach. A multidimensional analysis incorporating juridical, philosophical, sociological, and theoretical perspectives demonstrates that state compliance with international treaties is shaped not only by legal obligation, but also by domestic political dynamics and strategic national interests. In practice, these factors generate an asymmetry of state will in treaty compliance, whereby disparities in political power and legal capacity allow stronger states greater flexibility than developing states.Originality/Novelty: By situating state will within the juridical framework of treaty compliance, this study offers a contemporary legal analysis of how binding treaty obligations interact with political realities in modern international law.
Learning from the Armed Conflict Between India and Pakistan: Is Nuclear Weapons Necessary? Siraj, Adnan; Khan, Shah Rukh; Jabbi, Yusupha
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.48601

Abstract

Background: The nuclearization of South Asia poses a long-term threat to the regional and global security. The long-standing rivalry between India and Pakistan is dangerously compounded by their opposing nuclear doctrines, and hence an analysis of their strategic stability is an imperative. Methodology: This study uses the methodology of comparative analysis and analysis of the nuclear postures of India and Pakistan in the context of modern deterrence theory and international law. The analysis rests on empirical evidence from past crises up to the time of the 2025 escalation to gain real world credibility of the doctrines. Objectives:The purpose of this paper is to dissect India's 'No First Use' policy vis-a-vis Pakistan's 'Full-Spectrum Deterrence' and first use ambiguity. It aims to examine how these contrary doctrines contribute to escalation and whether they comply with international legal norms. Findings: The analysis illuminates a critical "stability-instability paradox," in which nuclear weapons prevent total war but lower the threshold for limited conflict. Inconsistencies such as India's massive retaliation vow against Pakistan's tactical nuclear weapons add dangerous pressures to escalation. This asymmetry and poor communication with crisis lead to a very volatile security environment. Originality/Novelty: The novelty of the paper is the integration of the deterrence theory with international law and its application to contemporary empirical data such as the 2025 crisis. It contends that current nuclear postures, far from being stabilizing, have opened new avenues to war, calling conventional wisdom on deterrence into question.
The Limitations of the Principle of State Responsibility in the Global Climate Change Regime Fajrin, Fera Wulandari; Larasati, Kandi Kirana; Tombi, Johan Tri Noval Hendrian; Luthfan, Gusti Fadhil Fithrian
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.48698

Abstract

Background: The global climate crisis, driven by increasing carbon emissions, has emerged as one of the most pressing challenges in international law. Despite significant milestones such as the Kyoto Protocol and the Paris Agreement, enforcement remains weak due to their reliance on soft law mechanisms. This issue deserves scholarly attention because it raises fundamental questions about state responsibility and the effectiveness of international environmental law in addressing climate change. Methodology: This research employs a doctrinal legal approach combined with a conceptual analysis. This method was selected to critically examine the normative gaps within the texts of international agreements, specifically how "soft law" language undermines enforcement. The study relies on primary legal sources, including the text of the UNFCCC, the Kyoto Protocol, the Paris Agreement, and relevant international jurisprudence such as the ICJ Advisory Opinions. Secondary data is drawn from legal literature, journal articles, and reports on global compliance. The analysis proceeds by interpreting these instruments to determine whether existing frameworks are sufficient to uphold the principle of state responsibility.Objectives: The study aims to evaluate whether existing international legal frameworks adequately enforce the principle of state responsibility in carbon emission reduction. It seeks to identify the limitations of soft law mechanisms, assess their impact on state compliance, and explore potential avenues for strengthening accountability in the global climate regime. Findings: The research reveals that current international agreements lack binding enforcement mechanisms, enabling states to disregard commitments or withdraw without significant legal consequences. While mechanisms such as “naming and shaming” have emerged as alternatives, they primarily exert reputational pressure and remain insufficient to ensure compliance. This gap undermines the principle of state responsibility in practice. Originality/Novelty: The study highlights the urgency of transitioning from soft law to hard enforcement in climate governance. It proposes the establishment of independent enforcement authorities, binding obligations, and strengthened judicial roles, offering innovative insights into how international law can more effectively uphold state responsibility in combating climate change.
The Limits of Nuclear Non-Proliferation: Legal Oversight, Safeguards, and Compliance under the 1968 NPT Ramlan, Ramlan; Suhermi, Suhermi; Sasmiar, Sasmiar; Mardhatillah, Mardhatillah
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.50532

Abstract

Background: The 1968 Non-Proliferation Treaty (NPT) is the cornerstone of the global nuclear non-proliferation regime, aiming to regulate the peaceful use of nuclear energy, prevent the spread of nuclear weapons, and promote gradual nuclear disarmament. Its principles seek to reduce nuclear threats and create a safer international security environment while preventing future remilitarization. Purpose: This study aims to assess the effectiveness of the NPT in enforcing compliance and preventing proliferation, as well as to identify the main challenges that hinder its successful implementation. Methodology: The research employs a normative legal approach by reviewing NPT provisions, IAEA official reports and instruments, and case studies involving states suspected of developing clandestine nuclear programs. Findings: The International Atomic Energy Agency (IAEA) serves as the primary verification body for NPT compliance through its safeguards system. However, enforcement remains challenging, particularly when states conceal nuclear activities. Limited inspection access exemplified by Iran’s decision not to ratify the Additional Protocol, makes it difficult for inspectors to verify undeclared nuclear materials and activities. Furthermore, several structural weaknesses reduce the NPT’s overall effectiveness, including reliance on the political will of the international community, imbalances between nuclear-weapon states (NWS) and non-nuclear-weapon states (NNWS), insufficient penalties for violations, and the Escape Clause that allows withdrawal from the treaty. Originality/Value: This research provides a critical evaluation of the NPT safeguard and verification mechanisms, highlighting practical implementation obstacles and their implications for the future of the global non-proliferation regime.

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