cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Akbar Kurnia
Contact Email
akbarkurnia@unja.ac.id
Phone
+6282111131311
Journal Mail Official
uti_possidetis@unja.ac.id
Editorial Address
Universitas Jambi, Faculty of Law Jl. Lintas Jambi - Ma. Bulian KM. 15, Mendalo Darat, Jambi Luar Kota, Muaro Jambi, Jambi, Indonesia 36122
Location
Kota jambi,
Jambi
INDONESIA
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
 1   2   3   4   5 
Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia Annisah Dian Utami Panjaitan; Novianti Novianti; Mochammad Farisi
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.v2i2.11839

Abstract

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.
Implikasi Hukum Ketidakpatuhan Korea Utara terhadap Resolusi Dewan Keamanan PBB dalam Uji Coba Nuklir Nuraisah Nuraisah; Rika Erawaty
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.v2i1.12108

Abstract

Since 2006 to 2017 the Security Council has passed a resolution on North Korea's nuclear test act. Article 25 of the UN Charter states that Members of the United Nations agree to accept and implement the decisions of the Security Council in accordance with this Charter. North Korea as a UN member state that obtained the UN Security Council Resolution is obliged to implement the sanctions resolution. However, the sanctions contained in the resolution did not make North Korea stop its nuclear program and it shows North Korea's noncompliance with UN Security Council resolutions. Implications accompanying any denial by North Korea against the UN Security Council resolution which in general affects four fields, namely the fields of economy, politics, defense and international cooperation. In addition to non-military sanctions, the Security Council under chapter VII Article 42 of the UN Charter can impose military sanctions where possible, the Security Council can also impose sanctions through the UN General Assembly on its recommendation to suspend the rights of UN membership) and expulsion of a country from UN membership).
Pengapusan Hak Veto Dalam Rangka Reformasi Dewan Keamanan Perserikatan Bangsa-Bangsa Dewi Afrilianti; Budi Ardianto; Dony Yusra Pebrianto
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.v2i2.12114

Abstract

This study aims to find out what is the reason the veto is considered irrelevant to the Security Council in realizing world security and peace in connection with the plan of veto power in the framework of reform of the United Nations Security Council because the use of veto rights by the five permanent member states of the Security Council, especially the United States has been used with no limits. The research method used is normative type with statutory, conceptual, and case approach. The results of this study show that the security council's veto power in practice has deviated from its original intent. The reform efforts of the United Nations Security Council have many obstacles but the main obstacles that greatly hinder the reform efforts are the arrogant, selfish, and willless nature of the permanent members of the United Nations Security Council who are veto holders to continue to maintain their hegemony and national interests. Keywords: United Nations; Right; Veto;
Tanggung Jawab Perusahaan Dalam Komersialisasi Ruang Angkasa dan Implikasinya Terhadap Outer Space Treaty 1967 (Studi Tentang Wisata Ruang Angkasa) Niken Tyasworo; Mas Nana Jumena
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.v2i2.12203

Abstract

The exploratory utilization of outer space is currently take a place following the development of science and technologies. At first, the exploration was done by government only, in this time, private companies also take part to do the outer space exploration.The outer space tour activities is one form of outer space commercialization. This time, those activities is still in the developing process for the better future business, especially in the law aspect for the outer space tour activities. So that, an explanation of the outer space tour activity is one particular part that should be extremely clear and understandable for the sake of tourist’s security. Such as, how far the responsibility is given by government and private companies in case of an accident during the outer space tour activities.The conclusion of this research is to mention that Outer Space Treaty 1967, Rescue Agreement 1968, Liability Convention 1972 and Registration Convention 1975 are all be able to applied as basic law for the outer space tour activities. Therefore, the outer space tour activity is something that could have been done routinely in the future and that makes the laws and regulations must be evident, equitable, and liable in order to ensure comfort and safety for the outer space tourists.
Analisis Yuridis Penyelesaian Sengketa Perbatasan Laut Antara Indonesia Vietnam Di Perairan Zona Ekonomi Eksklusif Indonesia Rizza Ayu S; Ramlan Ramlan; Rahayu Repindowaty
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.v2i2.12334

Abstract

The sea border between Indonesia and Vietnam is a maritime border located in the South China Sea. Until now, there have been several problems that have occurred especially in the exclusive economic zone between Indonesia and Vietnam, which have not been completely resolved. The exclusive economic zone is an area outside and adjacent to the territorial sea which is subject to a special legal regime for international maritime law. Based on the principles of international peace and security, there are several attempts shown to create good relations between countries in resolving disputes that occur. The principle referred to in resolving international disputes is to provide a way for parties to a dispute to resolve their disputes based on international law. There are two methods of settlement known in international law, that is peacefully and in war (military). Dispute settlement procedures for countries that are interconnected with maritime territories between countries can be seen in Article 287 UNCLOS 1982 which regulates alternatives and dispute resolution procedures. This research is a normative study that examines sources related to the issues discussed. The results of this study conclude that in resolving disputes between Indonesia and Vietnam regarding maritime boundaries in the waters of the Exclusive Economic Zone, it can be resolved with various alternative dispute resolution alternatives as described in the 1982 UNCLOS framework, that is a) peaceful dispute resolution, b) dispute resolution with mandatory procedures. Each country is given the freedom to choose an alternative that will be used in resolving the dispute that is being faced what both parties want both take the litigation route (court route)as well as non-litigation channels (out of court) as regulated in Article 280 UNCLOS 1982.
Bantuan Hukum Timbal Balik dalam Penanganan Kejahatan Transnasional: Studi Kasus Indonesia-Swiss Teguh Yuwono; Retno Kusniati; Budi Ardianto
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13042

Abstract

Transnational crime is a cross-border crime that has troubled many states. In enforcing the criminal law of a states, sometimes it is difficult for the state to pursue transnational criminals because of its cross-border nature, so that the differences in jurisdiction between countries make it difficult to enforce the law. For this reason, in order not to be hindered by the cross-border nature, the states concerned can cooperate between states using the Mutual Legal assistance Agreement. Mutual Legal Assistance is an international legal instrument that is widely used by countries as a tool to take action and prevent crimes that are transnational in nature. With this agreement, more effective law enforcement can be carried out and make it easier for law enforcers to move into areas with different jurisdictions. This research is a normative juridical research based on secondary data with a statutory approach. This article concludes that mutual legal assistance will greatly play a role in law enforcement on transnational crimes involving Indonesia-Switzerland
Penanggalan Kekebalan Pejabat Diplomatik: Kebijakan Hukum Negara Pengirim atau Negara Penerima? Annisa Asfida Sari; Akbar Kurnia Putra
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13147

Abstract

Article 29 of the 1961 Vienna Convention stipulates that diplomatic officers are inviolable, may not be arrested or detained. They must be treated with respect and receiving countries must take appropriate steps to prevent attacks on their persons, freedoms and dignity. So the consequence arising from the inviolability of a diplomatic official is immunity from the jurisdiction of the receiving country. However, the jurisdictional immunity possessed by diplomatic officials can be waived by the sending country as contained in Article 32 of the 1961 Vienna Convention. This article aims to find out how the mechanism in the issuance of immunity (immunity waiver) by the sending country against diplomatic officials. The results of the study show that the subject who has the right to waive the immunity of diplomatic officials who commit violations in the receiving country is the sending country. This waiver of immunity can be carried out after an application is submitted by the receiving country and submitted by the Head of State, Minister of Foreign Affairs or the Head of the Diplomatic Representative of the sending country.
Masalah Kemanusiaan hingga Lingkungan Hidup: Studi Kasus Konflik Nagorno-Karabakh (Azerbaijan Vs Armenia) Hanna Arinawati; Fathimah Azzahrah Putri; Shereena El Islamy
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13304

Abstract

Armed conflict in a war is recognized as one way to resolve disputes between countries. However, armed conflict has negative impacts on humanity and the environment. This study discusses the conflict between Azerbaijan and Armenia which resulted in the deaths of 150 civilians and 5000 soldiers died and had a negative impact on the environment. Azerbaijan was accused that in this war it used White Phosphorus or fireworks with white smoke which carries a very dangerous chemical, it can cause disability or the extinction of wildlife forever. Meanwhile, the Armenians exploited the natural resources of the occupied territories without considering the superiority of population interests and changes in regional cultural heritage. The results showed that in the Nagorno-Karabakh conflict 2020 (Azerbaijan vs. Armenia) there were violations of international agreements in international environmental law and international humanitarian law that occurred as a result of the conflict which could be held accountable internationally. Then in relation to accountability due to armed conflict, Armenia and its affiliates in the occupied territory of Azerbaijan are responsible for acts of international violations
Celah Hukum Spionase: Cukup dengan Hukum Kebiasaan atau Tata Cara Perang Perlu Pembaharuan? Edson Septo Yosia; Dony Yusra Pebrianto; Mochammad Farisi
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13309

Abstract

At first, war was only carried out by the disputing parties but as the times progressed, the war also had an impact on the surrounding area or other countries. Arrangements for war need to be made such as war treaties or procedures. One of the unclear regulations concerning the act of espionage or what is known as spying. International humanitarian law regulates the customs of war and the manner of war. It turns out that the convention does not clearly regulate the legal protection of spy agencies. This article tries to discuss the urgency of protecting spy agents who are serving in war under humanitarian law.
Kekerasan Seksual Sebagai Taktik Perang Kongo: Antara Impunitas Hukum Nasional dan Pemberlakuan Statuta Roma Indah Ardhita Udit; Novianti Novianti; Rahayu Repindowaty Harahap
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13763

Abstract

Sexual violence during conflict has become a crucial issue in the realm of Humanitarian Law. In its development, this form of violence is carried out systematically, spreads, and is often carried out under orders. This article discusses how the enforcement of humanitarian law can be implemented properly in the Congo war. The results of the study show that the effectiveness of Congo's national law should have played a role in this incident. Weak national law enforcement results in the failure of the function of law as a guide to justice, resulting in impunity. As a preventive measure, the implementation of the Rome Statute is imperative. The statute states that systematic and widespread sexual violence is a form of crime against humanity and a violation of humanitarian law.

Page 3 of 9 | Total Record : 84

 1   2   3   4   5 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol 6 No 2 (2025): Juni Vol 6 No 1 (2025): Februari Vol 5 No 3 (2024): Oktober Vol 5 No 2 (2024): Juni Vol 5 No 1 (2024): Februari Vol 4 No 3 (2023): Oktober Vol 4 No 2 (2023): Juni Vol 4 No 1 (2023) Vol 3 No 3 (2022) Vol 3 No 2 (2022) Vol 3 No 1 (2022) Vol 2 No 3 (2021) Vol 2 No 2 (2021) Vol 2 No 1 (2021) Vol 1 No 3 (2020) Vol 1 No 2 (2020) Vol 1 No 1 (2020) More Issue