Uti Possidetis: Journal of International Law
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
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84 Documents
<![CDATA[Perbandingan Hukum Mengenai Pagar Pembatas Bandar Udara Menurut Hukum Penerbangan Internasional dan Nasional ]]>
<![CDATA[Addin Prasetia]]>;
<![CDATA[Novianti Novianti]]>;
<![CDATA[Budi Ardianto]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Jambi ]]>
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DOI: 10.22437/up.v3i1.12957
<![CDATA[Aviation is one method of transportation that is quite widely used by humans in carrying out activities related to the movement of people and goods. This article discusses the comparison of the suitability of legal aspects regarding guardrails at airports in Law Number 1 of 2009 concerning Aviation as the legal basis for aviation in Indonesia with Annex XIV Aerodromes International Civil Aviation Organization as a technical rule of Article 37 Convention on International Civil Aviation. Aviation 1944 as an international legal standard regarding airport security as part of the aviation element in the world. The research method used is a normative juridical research type. The results showed that there was a discrepancy between the provisions regarding airport guardrails in Law Number 1 of 2009 concerning Aviation as a national legal product and Annex XIV: Aerodromes International Civil Aviation Organization as an international legal product. Aviation is one method of transportation that is quite widely used by humans in carrying out activities related to the movement of people and goods. This article discusses the comparison of the suitability of legal aspects regarding guardrails at airports in Law Number 1 of 2009 concerning Aviation as the legal basis for aviation in Indonesia with Annex XIV Aerodromes International Civil Aviation Organization as a technical rule of Article 37 Convention on International Civil Aviation. Aviation 1944 as an international legal standard regarding airport security as part of the aviation element in the world. The research method used is a normative juridical research type. The results showed that there was a discrepancy between the provisions regarding airport guardrails in Law Number 1 of 2009 concerning Aviation as a national legal product and Annex XIV: Aerodromes International Civil Aviation Organization as an international legal product.]]>
<![CDATA[Pelanggaran Prinsip Kemanusiaan terhadap Tawanan Perang di Penjara Abu Ghraib Ditinjau dari Konvensi Jenewa 1949 ]]>
<![CDATA[Zuhri Triansyah]]>;
<![CDATA[Maratun Saadah]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Jambi ]]>
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DOI: 10.22437/up.v3i1.14776
<![CDATA[This article discusses forms of legal responsibility regarding violations of humanitarian principles in humanitarian law against the treatment of prisoners of war in Abu Ghraib prison in terms of the Geneva convention of 1949. Legal liability is an obligation that arises from violations committed by individuals or the state because they are considered contrary to the law or conventions. applicable. This article uses a normative juridical method with the main source being legal materials containing normative legal rules. The results of the discussion of this article show that the principle of state responsibility related to human rights violations is realized by taking legal action against individual perpetrators and providing compensation to victims and is regulated in the Geneva Conventions. Second, the United States is responsible for the provisions stipulated in the Geneva Conventions of 1949 concerning violations of humanitarian principles by bringing to justice the perpetrators who have violated humanitarian principles through the United States military court.]]>
<![CDATA[Eksploitasi Awak Kapal Asing: Tanggung Jawab Negara Bendera terhadap ABK Indonesia di Kapal China Long Xing 629 ]]>
<![CDATA[Yudi Dharmawan]]>;
<![CDATA[Bernard Sipahutar]]>;
<![CDATA[Mochammad Farisi]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Jambi ]]>
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DOI: 10.22437/up.v3i1.14819
<![CDATA[This article discusses the form of legal protection and the flag state's responsibility for Indonesian crew members who work on foreign ships against exploitation in terms of international law. This article uses a normative juridical method, which is a method carried out by researching library materials or secondary data. The results of this articel discovered, that state flag responsibility for the legal protections for ship crews has to be done in a few ways such as conducting an investigation of the Long Xing 629 or the ship’s company. If it proven that there had been a violation of human rights, the state flag have to prosecute the perpetrators of the crime that had committed on that ship. This responsibility have to done, cause the legal statue’s of protection for the ships crew who worked on foreign vessels has been regulated under general nor specific international law instruments, as well others forms of legal protection are also given by international organizations such as ILO that specifically handles unternational labor issues.]]>
<![CDATA[Urgensi Larangan Penggunaan Senjata Kimia di Suriah menurut The Chemical Weapon Convention 1993 ]]>
<![CDATA[Ar Raffi Ridho Ananda]]>;
<![CDATA[Retno Kusniati]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Jambi ]]>
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DOI: 10.22437/up.v3i1.15449
<![CDATA[This study aims to determine and analyze the application of The Chemical Weapons Convention 1993 "CWC" in the prohibition of the Use of Chemical Weapons and to identify and analyze the protection of victims against the impact of the use of chemical weapons in Syria. The research method used is a normative juridical research type. The results showed that the application of The Chemical Weapons Convention 1993 "CWC" in the prohibition of the use of chemical weapons that Syria's violation of the provisions stipulated by International Humanitarian Law and the settlement made by the OPCW and the United Nations in their cooperation which was resolved only limited to the destruction of weapons. owned by Syria again, no criminal sanctions were found for perpetrators of violations of International Humanitarian Law. Protection of victims against the effects of the use of chemical weapons in Syria is carried out according to the 1949 Geneva Conventions based on Article 27 of Geneva Convention IV 1949, namely: The protected person has the right, in all circumstances, to obtain respect for himself, his dignity, the rights of his family, religious beliefs and worship, and habits and customs. They are treated humanely and protected at all times, in particular against all forms of violence or threats of violence and against public humiliation and curiosity.]]>
<![CDATA[Pemaksaan Perkawinan Berkedok Tradisi Budaya: Bagaimana Implementasi CEDAW terhadap Hukum Nasional dalam Melindungi Hak-Hak Perempuan dalam Perkawinan? ]]>
<![CDATA[Junita Fanny Nainggolan]]>;
<![CDATA[Ramlan Ramlan]]>;
<![CDATA[Rahayu Repindowaty Harahap]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 1 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Jambi ]]>
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DOI: 10.22437/up.v3i1.15452
<![CDATA[This article discusses the implementation of CEDAW into national law to protect women’s rights in marriage. Even though the convention has been ratified for decades, in social life, women are still often discriminated against. One form of discrimination in Indonesia is still a patriarchal culture that develops in society. The patriarchy that dominates the culture of society creates sexism and gender inequality that affects many aspects of human activity, one of which is the issue of marriage. In Indonesia, there are still many marriages that occur Indonesia because of forced marriages. Moreover, it is carried out under the guise of a tradition that has experienced a shift in cultural values. The choice to marry and with whom is closely related to self-determination which has been recognized in the CEDAW Convention. The results of this study indicate that in the CEDAW Convention, everyone has the same right to marry, regardless of the gender and gender of the person. However, in its implementation into national law, its implementation is still discriminatory and not yet integrated.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Yang Berada Di Wilayah Perang Menurut Konvensi Jenewa 1949 Dengan Protokol Tambahan 1977 ]]>
<![CDATA[Intan Amini]]>;
<![CDATA[Dony Yusra Pebrianto]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jambi ]]>
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DOI: 10.22437/up.v3i2.14475
<![CDATA[This article discusses how to protect children who are in areas of armed conflict. Protection of children has been regulated in the Geneva Conventions of 1949, Additional Protocols 1977, International Convention on The Rights of Childs 1989, Optional Protocol on Involvent of Children in Armed Conflict 2000. However, the parties to the conflict still violate the principle of distinction, the principle of limitation, the principle of balance, and the principles of protection that apply in international humanitarian law. In fact, Humanitarian Law prohibits civilians from being used as objects of violence and must be given protection from all matters relating to war. Meanwhile, combatants can be used as objects of violence during war, but they must still be given protection when they are prisoners of war. As a form of state responsibility, criminal sanctions and compensation need to be applied to ensure legal certainty and provide justice for the parties who are victims according to humanitarian law.]]>
<![CDATA[Beijing Treaty on Audiovisual Performances: Sudah Konsistenkah Hukum Indonesia Pasca Ratifikasi? ]]>
<![CDATA[Tia Andiani]]>;
<![CDATA[Retno Kusniati]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jambi ]]>
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DOI: 10.22437/up.v3i2.17180
<![CDATA[This article discusses Indonesia's commitment to providing legal certainty for audiovisual performances in Indonesia. This article concludes that there is no consistency in Indonesian law in providing legal protection for audiovisual performances that have been ratified by Indonesia through Presidential Regulation No. 2 of 2020 on the international legal instruments of the Beijing Treaty. The issuance of Presidential Regulation Number 2 of 2020 does not necessarily provide legitimacy to apply these rules into Indonesian national law. Therefore, it is necessary to develop the law by establishing or changing copyright laws in accordance with the substance of the state's obligations in the Beijing Treaty for the protection of all parties involved in audiovisual performances.]]>
<![CDATA[Legitimasi Hukuman Mati: Perlukah Mandatory Consular Notification Antar Negara? ]]>
<![CDATA[Lendra Fatriani]]>;
<![CDATA[Bernard Sipahutar]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jambi ]]>
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DOI: 10.22437/up.v3i2.17565
<![CDATA[This article questions how the Mandatory Consular Notification practice applied by the Kingdom of Saudi Arabia to Indonesia in rescuing workers sentenced to death. Mandatory Consular Notification is the right to obtain information and access related to state representatives for their citizens and citizens' rights to state representative staff. This is the main guideline in the management of international relations which has been regulated in Article 36 and Article 37 of the 1963 Vienna Convention. In its implementation, the Kingdom of Saudi Arabia does not carry out Mandatory Consular Notification in accordance with applicable regulations. Therefore, Indonesia needs to ensure legal protection efforts for its workforce by conducting a Memorandum of Understanding with the Kingdom of Saudi Arabia. In addition, Indonesia also needs to seek other legal steps, especially in the form of agreements in order to create legal certainty between the state parties.]]>
<![CDATA[Pengantin Pesanan (Mail-Brides Order): Solusi atau Pelanggaran HAM? ]]>
<![CDATA[Defri Wim Khameswara]]>;
<![CDATA[Budi Ardianto]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jambi ]]>
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DOI: 10.22437/up.v3i2.17917
<![CDATA[This article discusses the responsibility of the state in eliminating the practice of trafficking in persons. One form of this practice is mail-brides order. One child policy in China is one of the causes. Meanwhile, the similarities in culture and economic factors make Singkawang the location for mail-brides order transactions. To overcome this, Indonesia has ratified the Palermo Protocol by establishing Law No. 14 of 2009 concerning the Protocol to Prevent, React and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. . The violations that occurred in Singkawang were a form of human trafficking using 2 ways according to articles 5 and 6 of the law. Therefore, this will become a barrier for law enforcement in tracking and eradicating the crime of trafficking in persons, especially against victims of minors or children.]]>
<![CDATA[Eksistensi Takhta Suci Vatikan: Relevansinya terhadap Penundukan Diri Suatu Negara ]]>
<![CDATA[Yustinus Stevanus Yanubi]]>;
<![CDATA[Josina Augustina Yvone Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ Uti Possidetis: Journal of International Law Vol 3 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Jambi ]]>
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DOI: 10.22437/up.v3i2.18059
<![CDATA[Abstract This article discusses the existence of the Holy See in the international community, especially in terms of religious spirituality to appoint bishops as part of their rights as subjects of international law. The existence of the Holy See as a subject of international law is recognized through the recognition of states against the decision to appoint bishops by the Pope. This article uses a normative juridicial method with the main source being legal materials containing normative legal rules. The decision to appoint bishops by the Pope can basically make countries submit to themselves. This is reflected in various forms of recognition by countries such as positive legal recognition, political recognition, and tacit recognition. In the context of the case with the Chinese government, it can be seen that China has made tacit recognition of the Pope's authority in appointing bishops. So that it can be firmly said that the recognition is a respect for the rights of the Holy See in accordance with international law. ]]>
