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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 115 Documents
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Toward Sustainable Refugee Protection in Indonesia: ASEAN Cooperation and the Right to Education for Rohingya Refugees Hengki, Hengki; Nurnaningsih, Nurnaningsih; Lokovettor, Agrifin Bernadeth Criemen; Setyowati, Sulis; Muhaimin, Fadhli
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.53960

Abstract

Background: The Rohingya refugee crisis has become a significant humanitarian issue in Southeast Asia and poses challenges for countries in the region, including Indonesia. Although Indonesia is not a signatory to the 1951 Refugee Convention, the country has often been involved in addressing the arrival of Rohingya refugees while balancing humanitarian principles with national and regional considerations. Methodology: The study uses a qualitative normative legal analysis. The research integrates data from government reports, ASEAN and United Nations documents, as well as previous academic studies to examine Indonesia’s legal and policy responses to the Rohingya refugee crisis. Objectives: The study aims to analyze Indonesia’s approach to the Rohingya refugee crisis and to understand how the country balances humanitarian commitments with national and regional challenges in responding to refugee arrivals. Findings: The finding shows that Indonesia applies the principle of non-refoulement and provides temporary shelter and access to education for Rohingya refugees. The country also cooperates with international organizations such as UNHCR and IOM through Presidential Regulation No. 125/2016 and through ASEAN-related initiatives. However, persistent challenges remain, including limited legal frameworks and coordination gaps in managing refugee issues. Originality/Novelty: The study emphasizes the importance of developing sustainable solutions through policy reform, strengthening ASEAN cooperation, and aligning national policies with international standards in order to improve refugee protection and support regional stability.
Article 24 CRPD Compliance in Inclusive Education: Indonesia and Malaysia Compared Tarigan, Vita Cita Emia; Nasution, Zaid Perdana; Affandi, Oding; Nurhidayah, Rika Endah; Bin Othman, Muhammad Fikri
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.54005

Abstract

Background: The fulfilment of the right to education for children with disabilities is part of human rights protection that requires an inclusive, non-discriminatory, and accessible education system. Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD) obliges States Parties to guarantee inclusive education through barrier removal, reasonable accommodation, and individualized support. However, Indonesia and Malaysia still face implementation challenges, including limited accessible facilities, insufficient special education teachers, and weak policy enforcement. Methodology: This study uses normative legal research with statutory, conceptual, and comparative approaches. The analysis applies Article 24 CRPD and the AAAQ framework, namely availability, accessibility, acceptability, and adaptability. Objective:  This study aims to analyse inclusive education regulation in Indonesia and Malaysia, assess their compliance with Article 24 CRPD, and formulate legal and policy harmonization measures. Findings: Both countries have recognized the right to education for persons with disabilities, but their compliance remains partial. Indonesia faces fragmented regulation, decentralized implementation, and weak monitoring, while Malaysia still faces challenges in reasonable accommodation, individualized support, and rights-based evaluation. Originality: This study shifts the analysis from descriptive policy comparison to international legal compliance assessment.
Combating IUU Fishing in Indonesia’s EEZ: A State Responsibility Perspective Septaria, Ema; Iskandar, Iskandar; Md. Khalid, Rasyikah
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.54076

Abstract

Background: Illegal fishing remains one of the most significant threats to the sustainability of marine resources and maritime governance in many coastal states, including Indonesia. The problem becomes particularly complex in maritime areas where Indonesia’s Exclusive Economic Zone (EEZ) borders the jurisdiction of neighbouring states. From the perspective of international law, coastal states possess sovereign rights as well as legal responsibilities to manage and conserve fishery resources within their EEZ in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) 1982. However, persistent illegal fishing activities conducted by foreign fishing vessels indicate that the implementation of these legal responsibilities remains challenging. Objectives: This article examines Indonesia’s responsibility under international law in managing fishery resources in EEZ areas bordering other states and addressing illegal fishing practices.  Methodology: The research employs normative legal research using statutory, comparative, and philosophical approaches to analyse relevant international legal principles, including state sovereignty, sovereign rights over natural resources, and sustainable development in fisheries governance. Findings: The study finds that although Indonesia has adopted several regulatory and enforcement measures to combat illegal fishing, significant legal and institutional challenges remain, particularly regarding transboundary fisheries management and regional cooperation. Originality/Novelty: Strengthening Indonesia’s responsibility under international law, combined with enhanced regional cooperation and sustainable fisheries governance, is essential for ensuring effective management of fishery resources and combating illegal fishing in bordering EEZ areas.
Principles of International Justice under the Statute of the International Court of Justice and the ICCPR: Can they be Applied to Criminal Sanctions? Wahyuni, Irma; Moenta, Andi Pangerang; Naswar, Naswar
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.55073

Abstract

Background The restriction of criminal sanctions in regional regulations  to fines as mandated by Indonesia's new Criminal Code raises crucial questions regarding their alignment with international standards of justice. As a state bound by the International Covenant on Civil and Political Rights (ICCPR) and the general principles of law enshrined in the Statute of the International Court of Justice (ICJ), Indonesia is obligated to ensure that all domestic legal instruments, including Regional Regulations, uphold principles of justice. Methodology: This normative study employs philosophical, statutory, comparative, and conceptual approaches. Primary and secondary legal materials including international instruments (ICJ Statute, ICCPR, UDHR) and interviews with international law experts were analyzed qualitatively. A comparative study was conducted regarding fine systems and public participation practices in the United Kingdom, Finland, Brazil, the Netherlands, and Japan. Objectives: To assess the compliance of criminal sanctions in Indonesian Regional Regulations with international legal principles of justice and to formulate necessary legal and institutional reforms. Findings: The absence of clear parameters for determining criminal sanctions in Regional Regulations leads to disparities, disproportionality, and legal uncertainty, potentially violating the principles of equality before the law and non-discrimination as set forth in the ICCPR and UDHR. To align with international standards, three essential reforms are required: (1) the formulation of national guidelines containing measurable criminalization parameters; (2) the institutionalization of meaningful public participation in the drafting of Regional Regulations; and (3) the affirmation of criminal sanctions as an ultimum remedium. Originality/Novelty: This study offers a multidimensional framework that evaluates Indonesian regional criminal sanctions through the lens of international law, bridges decentralization policies with global human rights obligations, and provides a model for harmonizing regional autonomy with international justice
Beyond Collateral Damage : An Integrated Legal Framework For Civilian Protection in 2026 US-Israel-Iran Conflict Budhiartie, Arrie; Pradhan, David H.; Dutta, Aruna; Panigrahi, Chandan; Asuhaimi, Farhanin binti Abdullah
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.55099

Abstract

Background: The 2026 armed conflict involving the United States, Israel and Iran raises difficult questions about civilian protection, particularly in relation to schools, hospitals, dual-use infrastructure, maritime passage, cyber disruption and nuclear-related facilities. Methodology: This article adopts normative legal research using statutory, conceptual and case-law approaches. It examines treaty law, customary international humanitarian law, international criminal law and state responsibility with reference to authoritative institutional materials from United Nations bodies, the ICRC, WHO, IAEA and IMO. Objectives: The article asks whether existing international legal rules provide adequate standards for assessing civilian harm in a technologically complex interstate conflict, and how those standards apply to protected institutions, dual-use infrastructure, maritime chokepoints and digital civilian dependency. Findings: The study finds that the principal difficulty is not normative absence, but the evidentiary and institutional fragility of applying distinction, proportionality, precautions, medical protection, humanitarian access and accountability under conditions of contested facts and restricted access. Originality/Novelty: The article contributes by treating civilian protection as an integrated legal architecture across attack, deprivation, movement, information infrastructure and responsibility.
When Peace is Personalized: The Clash between the BoP Charter and Indonesia’s Free and Active Foreign Policy Natamiharja, Rudi; Kurniawan, Robi Cahyadi; Kpanya, Ovide Egide Manzanga; Ablin, Rainnade Geojona
Uti Possidetis: Journal of International Law Vol 7 No 1 (2026): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i1.53260

Abstract

Background: This article critically examines the legal and constitutional implications of Indonesia’s engagement with the "Board of Peace" (BoP), an emerging ad hoc entity in global peace governance. It highlights the systemic tension between established multilateral frameworks and the BoP’s "Chairman-centric" model, which represents a shift from rule-based to person-based international authority. Methodology: This study employs a normative legal research method to compare the BoP Charter, the United Nations Charter, and Indonesia’s domestic legal framework. Objectives: The research, aims to evaluate the compatibility of the BoP’s centralized governance with the principles of sovereign equality, modern multilateralism, and Indonesia’s constitutional mandate of a "Bebas Aktif" (free and active) foreign policy. Findings: The analysis reveals that the BoP’s institutional design—characterized by unfettered discretionary power vested in a single office—breaks the "chain of democratic delegation" required by Article 1 of the 1945 Indonesian Constitution. Furthermore, it risks creating "functional subordination" that undermines Law No. 37 of 1999 on Foreign Relations. Conclusion: Consequently, the study argues that Indonesia should utilize the period prior to ratification as a "constitutional firewall" to protect its strategic autonomy and domestic legal integrity. Novelty: This research provides a pioneering analysis of the BoP Charter through the lens of Indonesian constitutionalism, offering a critical perspective on how middle powers in the Global South should navigate ad hoc governance initiatives that bypass traditional UN-centric multilateralism.
Navigating Territoriality and International Harmonisation: A Comparative Study of Bank Trademark Protection Across Jurisdiction under the TRIPS Agreement Gorda, Anak Agung Ayu Ngurah Sri Rahayu; Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Disantara, Fradhana Putra; Kapanadze, Maia; Sybelle, Jan Alizea
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i3.54372

Abstract

Background: The globalization of financial services and the rapid expansion digital banking have intensified trademark disputes in the banking sector. This development challenges the territoriality principle of trademark law, as banking brands increasingly operate across jurisdictions without maintaining a physical presence. Although international instruments, including TRIPS, the Paris Convention, and the Madrid Protocol, establish a harmonised framework for trademark protection, enforcement remains fragmented owing to national sovereignty and the coexistence of sector-specific banking regulation. Methodology: This study adopts a normative legal research methodology employing both a functional comparative approach alongside a conceptual approach. It examines the legal frameworks governing banking trademark protection in Indonesia, South Africa, and Georgia, each representing a distinct institutional and regulatory context. Primary legislation and international legal instruments are analysed qualitatively through deductive legal reasoning and cross-jurisdictional functional comparative analysis. Objectives: This research aims to examine the regulatory framework and enforcement mechanisms of banking trademark protection in the three countries and assess their consistency with the international trademark standards. It further seeks to formulate an integrated regulatory framework capable of balancing territorial sovereignty with international legal harmonisation.  Findings: The findings indicate that all three countries have formally complied with international intellectual property instruments, significant institutional fragmentation and inadequate coordination between trademark authorities and banking regulators persist, particularly in relation to digital financial services. These shortcomings undermine the effectiveness of trademark protection and regulatory enforcement. Originality/Novelty: This research proposes an integrated model for banking trademark protection that incorporates a dual-gate verification system and digital brand monitoring as a preventive regulatory mechanism.
Constitutionalizing Emergency Powers: Balancing National Security and the Rule of Law in International Law Wirawan, A. Rahmat; Chandra, M. Jeffri Arlinandes; Saragih, Geofani Milthree; Mahdi, Umar; Ishwara, Ade Sathya Sanathana; Wirawan
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i3.55864

Abstract

Background: The expansion of emergency powers in response to national security threats has intensified constitutional debates over the permissible limits of executive authority under international law. Despite the recognition of emergency derogations in international human rights instruments, significant legal tensions remain regarding the extent to which states may restrict constitutional rights while maintaining compliance with international legal obligations. Objectives: This study examines how constitutional limitations on emergency powers interact with international legal standards and asks whether the relationship between domestic emergency governance and international human rights law creates legal inconsistencies in protecting constitutionalism during states of emergency. Methodology: This research employs normative juridical methods using statutory, conceptual, comparative, and international law approaches. Primary legal materials include constitutional provisions, the International Covenant on Civil and Political Rights (ICCPR), judicial decisions, and relevant international legal instruments, which are analyzed through descriptive-analytical techniques. Findings: The study finds that the principal legal tension arises from the inconsistent interpretation of emergency derogation provisions under Article 4 of the ICCPR by domestic constitutional courts. While international law permits temporary limitations on certain rights during genuine emergencies, several domestic legal systems have expanded executive discretion beyond the requirements of legality, necessity, proportionality, and temporariness. This divergence has contributed to the normalization of exceptional governmental powers, weakening constitutional oversight and creating a legal gap between international human rights obligations and domestic emergency governance. Originality/Novelty: This study develops an integrated constitutional-international law framework by identifying the legal friction between ICCPR emergency derogation standards and domestic constitutional practices. It proposes a constitutional model that strengthens judicial oversight and reconciles national security imperatives with international rule-of-law principles to prevent the normalization of permanent emergency governance.
The Legality of US-Israeli Joint Decapitation Operations in Iran: Crime of Aggression or Self-Defense? Anggriawan, Rizaldy; Gunawan, Yordan
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/932pyx77

Abstract

Background: Following 2025's failed negotiations, the US-Israeli military operation Epic Fury on 28 February 2026 marked a sharp escalation against Iran's nuclear and military infrastructure and leadership through a major regional force build-up. Methodology: The study employs a legal doctrinal method, utilizing Article 8 bis of the Rome Statute, the Caroline Test, and International Humanitarian Law (IHL). Objectives: To determine whether the operation constitutes a crime against peace, and whether actions against Supreme Leader Ali Khamenei were valid under IHL. Findings: Khamenei's religious office offered no immunity: Article 110 of the Iranian Constitution vests operational command in him, meaning he exercised a continuous combat function and was a lawful target under jus in bello. However, regarding jus ad bellum, Operation Epic Fury constitutes an act of aggression and lacks justification as anticipatory self-defense, as a multi-week breakout time fails the imminence test while diplomacy remains open. A lawful target struck during an unlawful war remains a casualty of that unlawful war. Originality/Novelty:This study connects “nuclear latency” with the causal theory of imminence and extends shared state responsibility to a decapitation strike against a sovereign leadership fusing religious, political, and military authority.
Waiver of Diplomatic Family Immunity and State Responsibility after Basfar v. Wong Trinanda, Cynara Ariij; Alifpiya, Puja; Alyaarhea, Raissa; Athallah, Muhammad Zhafif; Irsyad, Achmad Theo; Adepio, M. Ilham
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jsc33v34

Abstract

Background: Article 37(1) of the 1961 Vienna Convention on Diplomatic Relations (VCDR) extends immunity to diplomatic family members on a derivative basis, while Article 32 does not oblige the sending State to waive that immunity, even where credible allegations of modern slavery arise. The UK Supreme Court's decision in Basfar v. Wong expanded accountability through the commercial activity exception but left unresolved the legal position of diplomatic family members and the consequences of waiver refusal. Methodology: The research employs normative legal research using statutory and case approaches supported by doctrinal analysis. Objectives: This article examines the derivative nature of diplomatic family immunity and whether a sending State's refusal to waive immunity may engage State responsibility under the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) 2001.  Findings: Diplomatic family immunity under Article 37(1) is derivative and requires a separate express waiver under Article 32. Although Article 32 does not impose a legal duty to waive immunity, refusal in the face of credible allegations of modern slavery may engage the sending State's due diligence obligations under ARSIWA 2001, potentially giving rise to cessation and reparation. Originality/Novelty: The article identifies and analyses the unresolved normative gap concerning diplomatic family immunity and waiver refusal following Basfar v. Wong while distinguishing between lex lata and lex ferenda

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