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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 84 Documents
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Analisis Putusan Permanent Court of Arbitration Terhadap Klaim Nine Dash Line: Studi Kasus Klaim Wilayah Natuna Utara Febriyansyah Rahmat Maulana; Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i2.10452

Abstract

The purpose of this research is to analyze the judgment of Permanent Court of Arbitration on China’s Nine Dash Line claim and Indonesia’s best strategies to resolve the claim of territory in Natuna Sea. In this study, qualitive methodes are used by taking various data and the source of the data to be verified. This research contains Chinese claim of “Nine Dash Line” in the Natuna Islands which overlaps with the Indonesian Exclusive Economic Zone (EEZ). This China’s claim of “Nine Dash Line” has been protracted for several years and is a serious problem in the region of South China Sea. In the conflict, researches revealed that Indonesia has various plans, efforts and attitudes so that territory of the Republic Indonesia is maintaned. The ruling of Permanent Court of Arbitration says that China’s claim of “Nine Dash Line” are refutable and have no legal basis. But, china is rejects the ruling and still aggressive in the South Chine Sea which has potential to make instability in the region of South China Sea. The result of this study will show that the disputing state parties must implement and respect the ruling because it has became a source of international law. The ruling also has influence in dealing with chinese aggressiveness and regulation of maritime’s claim in the region of South China Sea.
Pengaturan Aspek Lingkungan Hidup dalam Perdagangan Internasional Berdasarkan GATT-WTO Zevia Gustira; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i2.10717

Abstract

International trade, in the era of globalization, is a method taken by state leaders to fulfill their domestic needs. The inability of a country to meet this need, interests often friction. It is not uncommon for the State to take action that can harm other countries. Excessive exploitation of domestic natural resources, international awareness in the sustainability of natural resources, about protecting resources and even creating sustainability to enjoy these natural resources. The seriousness of the international world can also be seen from the steps taken by world leaders, the format of changing GATT which only pays attention to the protection of its member countries in conducting international trade with other countries can be protected, as well as members of developing countries and poor countries. The next development of awareness that the environment could be threatened by exploitation, it was the WTO that was formed to perfect GATT International trade, in the era of globalization, is a method taken by state leaders to fulfill their domestic needs. The inability of a country to meet this need, interests often friction. It is not uncommon for the State to take action that can harm other countries. Excessive exploitation of domestic natural resources, international awareness in the sustainability of natural resources, about protecting resources and even creating sustainability to enjoy these natural resources. The seriousness of the international world can also be seen from the steps taken by world leaders, the format of changing GATT which only pays attention to the protection of its member countries in conducting international trade with other countries can be protected, as well as members of developing countries and poor countries. The next development of awareness that the environment could be threatened by exploitation, it was the WTO that was formed to perfect GATT.
Tanggung Jawab Iran Terhadap Penembakan Pesawat Sipil Ukraina Ditinjau Dari Hukum Udara Internasionali Nabila Hasibuan; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i3.10834

Abstract

Abstract The purpose of this research were to find out and analyze Iran’s responsibility for shooting Ukrainia’s civil aircraft in international air law. The problem that will be discussed is the regulation in international law about the state’s obligation for manage civil aviation safety that trough their territory and Iran’s responsibility for shooting Ukrainia’s civil aircraft in international law. The type that used for this research is normative legal research, the approach in this study is law approach, case approach and historical approach, the sources of legal material used are primary, secondary, and tertiary legal materials. The result of the study show that (1) states whose its airspace passed by civil aircraft must guarantee the aircaft safety in a way regulate the prohibited area if something happen in the territory and the aircraft cant pass through and with a great air navigation civil aircraft safety and security can be guaranteed well. (2) Iran must take full responsibility of this shooting because Iran did not regulate the prohibited area during the conflict. In the future, it is necessary to emphasize the state’s responbility for the route for internationl civil aviation and cooperate with other parties so that safety and security on international aviation can be achhieved.
Stateless Person dalam tinjauan Hukum Nasional dan Hukum Internasional di Indonesia Fadjri Khalid; Budi Ardianto
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i3.10873

Abstract

This study aims to determine how stateless persons are regulated based on international legal instruments and national legal instruments in Indonesia. Indonesia, which is affected by globalization due to the incessant promotion of tourism, has regulations on the traffic of foreigners through Law Number 6 of 2011 concerning Immigracy and on the other hand Indonesia does not recognize the existence of Stateless Persons which is different from the regulations as stated in the Convention Relating To The Status of Stateless Persons 1954. This study aims to find out that the current regulation regarding stateless persons in Indonesia has not been specifically regulated. Although Indonesia has ratified the International Covenant on Civil and Political Rights. This shows that Indonesia has not strictly regulated and in its handling of stateless people tends to be slow which results in detention exceeding the specified threshold. As for the formulation of the problem raised, namely how to regulate Stateless People in International Law and in Indonesian immigration law and the legal consequences obtained. The research method used is a normative type by means of literature study. The results of this study indicate that the arrangement for Stateless Persons in the international sphere is different from that in Indonesia because there are no strict regulations regarding this matter.
Sengketa Wilayah Zona Ekonomi Eksklusif Indonesia (Studi Kasus Klaim Cina Atas Laut Natuna Utara) Ririn Ardila; ak Putra
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i3.10895

Abstract

Abstract Natuna Utara Sea is the Exclusive Economic Zone of Indonesia which is located in the Riau Islands Province, namely Natuna District. the emergence of territorial dispute in the Natuna Utara Sea due to Cina's claim on to nine-dash line. This research discusses whether Cina's claim of the nine-dash line over the North Natuna Sea complies with the 1982 UNCLOS provisions and examines Indonesia's attitude towards Cina's claims in the North Natuna Sea. The type of research used is Normative with statue approach, historical approach, and case law approach. The results of the study conclude that Cina's claims on the nine-dash line against theNatuna Utara Sea are contradictory and irrelevant according to UNCLOS 1982 and Indonesia considers that Indonesia does not have any disputes with Cina.
Harmonisasi Prinsip Perdagangan Internasional pada GATT dalam Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan Yudha Pangestu; Bernard Sipahutar; Budi Ardianto
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.10352

Abstract

The purpose of this research is to find out how the implementation of the principles of international trade of General Agreement on Tariffs and Trade (GATT) and Law Number 7 of 2014 concerning Trade and to find out how the harmonization of the principles of international trade of General Agreement on Tariffs and Trade (GATT) in Law No. 7 of 2014 concerning Trade. This type of research is normative legal research. The results of the research that have been carried out are the implementation of the principles of international trade of General Agreement on Tariffs and Trade (GATT ) and Law Number 7 of 2014 concerning Trade, based on Law Number 7 of 1994 concerning Ratification of the Agreement Establishing The World Trade Organization. World Trade) contains content or material that contains GATT / WTO principle arrangements, namely in letters A, B, and C, as well as harmonization of the principles of international trade of General Agreement on Tariffs and Trade (GATT) in Law Number 7 of 2014 concerning Trade, that In Law Number 7 of 2014 concerning Trade, there are several legal principles in international trade arrangements. The conclusion of this study is that based on Law Number 7 of 1994 concerning Ratification of the Agreement Establishing The World Trade Organization, there is content or material that contains the principles of GATT / WTO, namely in letters A, B, and C, as well as harmonization of the principles of international trade of General Agreement on Tariffs and Trade (GATT) in Law Number 7 of 2014 concerning Trade, that in Law Number 7 of 2014 concerning Trade there are several legal principles in regulating international trade.  
Perlindungan Terumbu Karang Menurut UNCLOS 1982 (Studi Kasus Kerusakan Terumbu Karang oleh Kapal Pesiar M.V. Caledonian Sky di Raja Ampat) Maretta Trimirza; Ramlan Ramlan; Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.10912

Abstract

Coral reefs and all the life contained in them are one of the most valuable natural assets. Various damages done by humans have caused damage to the ecosystem that marine resources are reduced. The case of the collision by the cruise ship M.V. Caledonian Sky in Raja Ampat is causing damage to coral reefs, it needs protection and responsibility. This study aims to: First, identify and analyze how the protection of the marine environment against coral reefs is caused by the M.V. Cruise Ship. Caledonian Sky based on international law and national law. Second, knowing and analyzing how the M.V. Caledonian Sky for damage to coral reefs based on UNCLOS 1982 and national laws. The research method used is normative juridical research, by examining document studies using a variety of secondary data or library materials. The results of this study are First, protection of the marine environment against damage to coral reefs by the M.V. cruise ship. Caledonian Sky according to international law in accordance with UNCLOS 1982 article 194 paragraphs (1) and (2) concerning measures to prevent, reduce and control pollution of the marine environment. According to national laws protecting the marine environment against damage to coral reefs by the cruise ship M.V. Caledonian Sky is regulated in laws concerning the protection of the marine environment and applies in Indonesia. Second, Cruise Ship Legal Liability M.V. Caledonian Sky for Damage to Coral Reefs according to international law is regulated in UNCLOS 1982 Article 193 concerning the sovereign rights of the State to exploit its natural resources and Article 235 concerning responsibility and compensation obligations. According to national law, it is stipulated in laws concerning accountability and applies in Indonesia. Third, the London-based Noble Calidonia Company has acknowledged responsibility for this case. To prevent the occurrence by Caledonian Sky cruises, Indonesia must establish signs for certain areas to be used as shipping activities. Second, in upholding national law and international law in the supervision of marine waters in Indonesia, the government of the Republic of Indonesia must affirm and apply existing laws correctly and clearly in order to become a deterrent effect for ship operators and ship captains to prevent this kind of happening again in Indonesian marine. Third, in resolving cases of damage to coral reefs, Law Number 32 of 2009 concerning Environmental Protection and Management, Article 87 paragraphs (1) and (2) can be used.
Perlindungan Terhadap Petugas Medis di Daerah Konflik Berdasarkan Hukum Humaniter Internasional (Studi Kasus Perawat Palestina Razan Al Najjar yang di Tembak Mati Oleh Tentara Israel Pada Tahun 2018) Lorenci Chakti Pratama; Novianti Novianti; Dony Yusra Pebrianto
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.10984

Abstract

War or armed conflict is a legitimate step to resolve various problems when peaceful methods can no longer find a solution. Armed disputes are regulated in the 1949 Geneva Conventions and the 1977 Additional Protocols. An armed dispute is sure to bring tremendous suffering to mankind. Millions of people, both military and civilian, were victims. The result of armed conflict is that there are many victims, so medical officers are urgently needed to provide assistance and care for war victims. But in reality there are still many violations against medical personnel. Medical personnel are deliberately targeted for attack by the parties to the dispute, even though the Geneva Conventions I 1949 and the 1977 Additional Protocol clearly state that medical personnel must always be respected and protected and should not be the object of attack. This study attempts to analyze the forms of legal protection for medical personnel in the Geneva Conventions of 1949 and Additional Protocol II 1977 and the factors that cause the disputing parties to not comply with the rules of International Humanitarian Law on the protection of medical personnel. So that the results of this study can provide some clarity about the forms of legal protection for medical personnel and the factors that cause violations of humanitarian law against the protection of medical workers.
Aspek Hukum Internasional Dalam Pemanfaatan Deepfake Technology Terhadap Perlindungan Data Pribadi Muhammad Ariq Abir Jufri; Akbar Kurnia Putra
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.11093

Abstract

The purpose of this research is to knowwhat the aspects of international law in regards to the use of deepfake technology relating to personal data protection are, and how it impacts the Indonesia’s national law based on the law principle of social engineering which dictates that the law is created to guide people towards a better way, and the principle of social controlling as a planned process to force people to abide by the customs, norms and other values held by society so there won’t be any deviated behaviours specifically in the use of deepfake technology, and how to align international and national law using the principle of planning, organizing, actuating, and controlling. This research uses a normative law type of approach. The source of data used consists of: a) Primary legal material, such as Convention 108+, Convention for the Protection of Individuals with Regards to the Processing of Personal Data; Constitution and Convention of the international telecomunication union (with annexes and optional protocol). Concluded at Geneva on 22 December 1992; Republic of Indonesia's Act No. 19 (of) 2016 about Electronic and Information Transaction; b) As for the secondary legal material used are books, articles, journals, reports, and various scientific papers and etc. Which supports the primary legal material; c) As for the tertiary legal materials used are dictionaries, interviews, newspaper, the internet, and etc. Which can support both the primary and secondary legal materials. Data analysis are conducted in a descriptive-qualitative manner. This research specified the use of descriptive analysis.
Yurisdiksi Kelompok Pemberontak Pra dan Pasca Pengakuan Sebagai Subjek Hukum Internasional Akbar Chusnein; Akbar Kurnia Putra
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.11762

Abstract

This research aims to provide a general understanding of the jurisdiction for rebel groups before and after their recognition as belligerents, or the shift of the groups in question from domestic legal subjects to legal subjects of the international law. The type of method used in this research is in the form of normative legal research, which utilizes the collection of legal materials relevant to the object of research in the form of literature; The materials referred to are such as: (a) Primary legal materials: The Charter of United Nation, The Geneva Convention, The Hague Convention; (b) Secondary legal materials: legal science books, legal science journals, legal research reports, scientific articles, seminar materials, workshops, and so on; (c) Tertiary legal materials: Legal materials which precepts or provides an explanation on the primary and secondary legal materials, such as legal dictionaries, newspapers, the internet and so on.

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