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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 106 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.

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