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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 4 Documents
 1 
Search results for , issue "Vol 7 No 1 (2026): Februari (In Progress)" : 4 Documents clear
Civilians or Combatants? The Legal Status of Journalist in the Cambodia-Thailand Armed Conflict Under International Humanitarian Law Vinata, Ria Tri
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.51866

Abstract

Background: Journalists covering armed conflict zones have a strategic role to play in ensuring the public's right to information and promoting accountability for violations of international law. The armed conflict between Cambodia and Thailand in the border area around Preah Vihear Temple shows that territorial disputes between developing countries can be a high-risk situation for journalists' safety. Methodology This research uses a normative legal research method with a statutory and conceptual approach. It analyses international legal instruments such as the 1949 Geneva Conventions, 1977 Additional Protocol I, international human rights instruments, and International Court of Justice judgements related to the Cambodia-Thailand dispute. In addition, the study also analyses reports from international organisations to assess the practice and implementation of journalist protection. Objective: The research aims to analyse the legal protection of journalists in interstate armed conflicts, assess the responsibilities of the Cambodian and Thai governments towards the protection of journalists, and analyse the role of ASEAN in the context of journalist protection in Southeast Asia. The findings: show that while international humanitarian law provides clear normative protection for journalists as civilians, its implementation at the national and regional levels remains weak. State responsibility is often hampered by military operational practices, while ASEAN's protection mechanisms remain normative and non-binding. Originality: This research offers an integrated analysis of international humanitarian law, state responsibility, and ASEAN regional governance in the context of interstate armed conflict in Southeast Asia, which has rarely been analysed to date
Climate Change: Could State Sovereignty Over Maritime Boundaries Also Change? Ardianto, Budi; Helmi, Helmi; Putra, Akbar Kurnia; Munawir, Munawir; Hardyanthi, Try
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.52731

Abstract

Background: Climate change has presented a serious challenge to traditional concepts of state sovereignty in international law, particularly in the context of establishing baseline as the basis for measuring maritime boundaries. Sea level rise that causes the sinking of small islands and the shift of coastline has the potential to change the delimitation of a country's maritime area, thereby creating uncertainty over the scope of maritime sovereignty. However, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) does not explicitly regulate the mechanism for adjusting the baseline due to such permanent geographical changes. Based on these conditions. Methodology: This study uses normative juridical methods with a legislative, conceptual, and analytical approach to the practice and development of international law. Objective: This study aims to analyze whether and how state sovereignty over marine areas can be maintained when the geographical basis of determining the baseline changes due to climate change. Findings: The results of the analysis show that the application  of the concept of fixed baseline or historical baseline can be a relevant legal instrument to maintain stability, legal certainty, and sustainability of maritime sovereignty of archipelagic countries. Originality: The uniqueness of this research lies in the effort to reconstruct the concept of state sovereignty in international law of the sea through a non-ambulatory approach to the baseline as a normative response to climate change, by placing the interests of archipelagic countries such as Indonesia as the focus of the analysis.
Pembentukan Pandemic Treaty dalam Menjawab Urgensi Keadilan Tata Kelola Kesehatan Global Pasca COVID-19 Nur Pratama, Rama Agung; Hafriady, Muhammad; Rasendriya, Rasendriya
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.52330

Abstract

Background: The COVID-19 pandemic exposed structural weaknesses in global health governance, particularly in unequal access to vaccines, health technologies, and financing between developed and developing countries. It also revealed the limitations of IHR 2005 in addressing such disparities. In response, the Pandemic Treaty was developed to strengthen the legal framework for global health emergencies. Methodology: This study employs a normative juridical approach based on literature analysis of key international legal instruments, guided by Lawrence O. Gostin’s framework of global solidarity for health equity. Objective: It examines the Treaty’s normative design in addressing justice-related gaps and analyzes the legal debates that shape the Treaty. The Findings: The research shows that the Treaty attempts to fill normative gaps in the IHR by introducing provisions on local manufacturing, technology transfer, pathogen access and benefit-sharing, transparency in procurement contracts, needs-based allocation, and collective financing mechanisms. However, the formulation of these provisions reflects ongoing legal debates regarding the choice of legal basis within the WHO framework, the degree of binding obligations, and the tension between mandatory and voluntary commitments. Originality: This study argues that the Treaty represents a normative shift toward equity-based global health governance, yet its effectiveness remains constrained by its reliance on soft-law formulations and political consensus. It highlights that these limitations are not merely technical but stem from deeper structural tensions within international law concerning sovereignty, equity, and global solidarity.
When the Flag Fails: Reassessing Flag State Responsibility for Marine Pollution by the Shadow Fleet Fitriani, Nazwa; Danial, Danial; Vitrana, Mokhamad Gisa; Hambali, Hambali
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.52428

Abstract

Background: Shadow fleet threatens Indonesia’s maritime sovereignty, particularly in cases of marine pollution caused by vessel activities. Incidents involving MT Arman 114 and MT Freya reveal gaps in flag state responsibility that infringes upon Indonesian waters. In this context, tensions emerge between coastal State stability and flag State obligations, exacerbated by the evasive and regulatory-avoidant characteristics of shadow fleet operations. Methodology: This study employs a normative legal methodology using both a statutory and a conceptual approach. The secondary data are derived from instruments such as the 1982 UNCLOS, MARPOL 73/78, the 2001 ILC Draft, the 1974 SOLAS, as well as Indonesian regulations, namely Law No. 17 of 2008 and Law No. 32 of 2009, and relevant legal principles. The data are analyzed qualitatively to assess the conformity between das sollen and das sein. Objectives: This research discusses the legal implications of the shadow fleet regarding Indonesia’s maritime sovereignty. It principally examines how effectively the UNCLOS framework governs flag State responsibility for shadow fleet concerning the risk of marine pollution ion coastal State waters. Findings: UNCLOS establishes the flag state’s responsibility for marine pollution resulting from shadow fleet practices through the genuine link principle. In practice, however, remediation burdens frequently shift to coastal States and private actorsm as flag States often fail to discharge their obligations. Novelty: This research provides a distinct scholarly contribution by examining the foundational dimension of the implications of environmentally harmful shadow fleet practices, specifically the responsibility of the flag State.

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