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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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Penerapan Prinsip Keberlanjutan: Strategi Negara Menurunkan Emisi Karbon? Anita Permatasari
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.18836

Abstract

As one of Indonesia's leading commodities, the trend of palm oil exports is always increasing. Even so, this commodity is often subject to global market discrimination which is manifested through regulations and policies of countries consuming palm oil commodities, such as the Renewable Energy Directive II (RED II) and the proposal for Regulation on deforestation-free products. The Indonesian government has filed a lawsuit against this regulation, but the WTO dispute resolution mechanism is still considered unable to resolve the problem, especially the reason that consumer countries think that Indonesian palm oil can reduce its post-2020 emission reduction commitments under the Paris Agreement through Nationally Determined Contributions (NDCs) which needs to be fulfilled in 2030. On the other hand, the Government of Indonesia still needs to improve the governance of Indonesian palm oil in order to increase the acceptance of this commodity in the global eyes. This study aims to find a middle ground for commitments to reduce emissions from consumer countries and improve Indonesian palm oil governance through the acceptability of the palm oil market which is realized through free trade agreements. The formation of a trade agreement by including a clause on sustainability can be one solution to reconcile the acceptance of the palm oil market and global climate change commitments.
Strategi Perang Menurut Hukum Humaniter Internasional: Legalkah Metode Blokade? Hardinna Putri Jazirah; Popi Tuhulele; Welly Angela Riry
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19279

Abstract

This article discusses the legality of using the blockade method in armed conflict and its legal implications as a war strategy according to International Humanitarian Law. The purpose of this paper is to find out how the use of blockades of a legal nature and its implementation in accordance with Humanitarian Law.  As a method of war, blockade is often used in armed conflict to be a method that is not in accordance with international law sources because it can cause losses and casualties. In fact, there are many regulations governing the blockade including the Declaration of Paris 1856 which explains the effectiveness of the blockade, the Declaration of London 1909 which regulates the guarantee of the rights of neutral countries, the 1949 Geneva Conventions which also regulates provisions regarding the delivery of humanitarian aid during the blockade in conflict areas, the 1994 San Remo Manual which regulates the legal conditions for applying the blockade. In addition, this regulation is also often used by legal experts to express their opinions regarding the blockade so that it becomes the primary reference source for judges to find the law. Therefore, to complete the blockade provisions, the role of international organizations is needed to provide supervision, provide strict sanctions and the importance of state party commitments in implementing the blockade method.
Penggunaan Merkuri pada Tambang Emas Ilegal: Diaturkah Dalam Minamata Convention? Mochammad Farisi; Akbar Kurnia Putra; Novianti Novianti
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19281

Abstract

Exploration activities and exploitation of natural resources are examples of causes of damage by human activities. One of the activities that are rampant in Indonesia is mining activities, one of which is unlicensed gold mining (PETI). These activities can have a sustainable impact on environmental damage and pollution and bring a number of adverse impacts to various sectors such as environmental, social and health which in the process use toxic materials, namely mercury, so that waste from mining can pollute rivers and the surrounding nature. So to avoid this, the Minamata Convention on Mercury is present as an international agreement that aims to reduce and eliminate the impact of mercury on environmental and human health. To implement the Convention, the Government of Indonesia has ratified the convention by issuing Law of the Republic of Indonesia Number 11 of 2017 concerning Ratification of the Minamata Convention on Mercury and Presidential Regulation Number 21 of 2019 concerning the National Action Plan for Reducing Mercury Elimination (RAN-PPM). Following up on these rules, law enforcement must be carried out on the activities of PETI which in the process used mercury.
Artificial Intelligence Dalam Autonomous Weapon Systems: Masalah Teknis atau Masalah Hukum? Teguh Yuwono; Rahayu Repindowaty Harahap; Bernard Sipahutar
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19412

Abstract

This article discusses legal problems in the use of Artificial Intelligence (AI). In its development, AI has built human existence in various fields including the military. There is a problem when an Autonomous Weapon System (AWS) uses AI instead of a non-human operator. It was found that, AWS was unable to fulfill the principle of distinction and principle of proportionality set forth in article 51 paragraphs (1-3) and paragraph (5) of Additional Protocol I 1977. These principles are two solid matters, as they relate to the technical requirements expected on performance. field that can only be carried out by humans. Although AWS uses sensors as a distinguishing tool, it provides an estimate that this weapon system can apply the principle of discrimination. A discriminatory attack will also violate the law if it is not adjusted to the principle of proportionality. This is where the important role of humans in preventing unnecessary losses. In addition, the use of AI on AWS has also led to the disconnection of supervisory responsibilities that require superiors and subordinates. This is clearly what AWS does and a commander who gives the order to carry out the attack. For this reason, special arrangements are needed to regulate AWS in the form of a new convention or the addition of a protocol to The United Nations Convention on Certain Weapons 1980 with the aim of limiting the use of AI so that human presence remains in every use of weapons.
Perjanjian Investasi Bilateral: Self-Judging Sebagai Solusi? Sakina Fakhriah; Arie Afriansyah
Uti Possidetis: Journal of International Law Vol 3 No 3 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i3.19436

Abstract

This article was prepared to formulate a strategy for formulating the drafting of exclusion clauses in bilateral investment treaties and legal policies that are in accordance with national security without violating international law. In its preparation, doctrinal legal research with legal objects is used which is conceptualized as a statutory rule based on the doctrine of positivism (normative juridical) schools. In the Discussion, it was found that Host Country has several options in implementing policies that put forward the national interest such as, asserting rights in agreements in good faith, including exceptions expressly, establishing definitions appropriately in agreements, mentioning special clause categories in agreements, conducting evaluations in a reasonable manner and self-judging. However, of the seven options already mentioned, self-judging is the most profitable option for host countries in implementing policies that orientate national interests. The self-judging clause is the choice of host country for two reasons. First, the clause gives the state discretion to unilaterally opt-out of international obligations and secondly, the evaluation of the elements for opt-out is not set out completely objectively from an external point of view, but only from the point of view of the state concerned.
Tradisi Grindadrap: Pelanggaran Hukum Internasional Berkedok Indigenous People? Meylin Tutuarima; Arman Anwar; J.A.Y Wattimena
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20247

Abstract

Dolphins are protected animals, but dolphin hunting is still found in several countries, one of which is in the Faroe Islands, Denmark. The tradition of hunting dolphins in this country is part of the rights of indigenous peoples called grindadrap. The grindadrap tradition can be categorized as Aboriginal Subsitence Whaling (ASW), where this activity is an act of hunting whales and dolphins for the benefit of culture or traditions that exist in a country. However, this activity is a violation of the International Convention for the Regulation of Whaling (ICRW). This article uses normative legal research and sources of written legal material as its analysis. The results showed that this paradigm shift in the grindadrap tradition has deviated from its main goal, namely as part of meeting people's food needs which are now turning into commercial needs and sports events so that there is a violation of law in the realm of international law. As one of the states parties to the ICRW, Denmark has an obligation to abide by the agreed rules. For this reason, Denmark has a responsibility in solving this violation problem. one of the middle ways to overcome this problem is through the development of conservation-based programs, namely the Conservation Committee Strategic Plan 2016-2026. This effort is more effective relying solely on hunting stops.  The move was used to arouse the enthusiasm of other countries and urged the commission to develop the International Whaling Commission (IWC) into a capable organization to stop whaling and dolphin poaching.
Pemblokiran PayPal sebagai Wujud Penyelenggara Sistem Elektronik Lintas Batas Negara Ramadhana Anindyajati Bachry; Noor Annisa Ditya Sari
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20711

Abstract

This article offers a solution to the blocking of PayPal involving international transactions across national borders in terms of the Minister of Communication and Informatics Regulation Number 5 of 2020 concerning Electronic System Operators (PSE). PayPal is a cross-border financial service provider application. The reason for the blocking is because PayPal did not register their permits, while socialization of the registration of the Electronic System Operator Program (PSE) policy has been given 2 (two) years. The PayPal application itself has provided massive financial services and one of the most users is in Indonesia. The use of PayPal by the global community is inseparable from its usefulness in facilitating cross-border transactions, in addition to waiving administrative fees for certain uses, PayPal is also considered to facilitate international transactions. Nonetheless, the blocking by the Ministry of Communication and Informatics poses difficulties for cross-border transactions. The difficulty consists in freezing accounts or foreign exchange owned by consumers. The brief reopening of the block resulted in consumers being materially harmed.  This article uses normative law research methods.
Non-Proliferasi: Problematika Hukum Penggunaan Tenaga Nuklir pada Kapal Selam Militer Billy Mainaldi
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.17376

Abstract

This article proves that the AUKUS pact has violated the 1968 Non-Proliferation Treaty (NPT). The AUKUS Pact is a cooperation agreement between Australia, Britain and the United States in the development of technology in the defense sector, including the transfer of technology for powered submarines in it. This article uses a normative juridical method with the main source being legal materials containing normative legal rules, and uses statue approch which is Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and Australia-United Kingdom-United States Partnership (AUKUS). In the discussion, it was found that the state parties to the AUKUS pact had violated the NPT, this was evidenced by the transfer of technology for powered submarines with the use of high-grade uranium in the range of 93-97.3%. While the use of uranium above 90% can be categorized as weapons grade. Therefore, the actions of the state parties to the AUKUS pact have violated articles 1 and 2 of the NPT, wherein Nuclear Weapon States (NWS) and Non-Nuclear Weapon States (NNWS) are prohibited from transferring or receiving transfers of nuclear weapons technology in any form. For this reason, this article suggests adding an additional sanction clause to the NPT as well as a revision to Article 10 of the NPT. the addition of sanctions and the revision of article 10 are needed to strengthen the joint commitment of the NPT countries in carrying out the proliferation of nuclear weapons.
Pelanggaran Penelitian Ilmiah Kelautan Tanpa Izin oleh Pihak Asing di Wilayah Indonesia M. Ikhsan Lapadengan; Arie Afriansyah
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.19575

Abstract

Scientific understanding of the sea is very important for human activities on the marine environment and the biota contained therein in order to maintain marine ecosystems. It affects the marine environment and the biota contained therein. Marine scientific research refers to various disciplines, such as biology, biotechnology, geology, chemistry, physics, geophysics, hydrography, physical oceanography, and marine drilling. Nevertheless, it is necessary to regulate marine scientific research, both from international law and national law of coastal countries. Indonesia as a member of the 1982 UN Convention on the Law of the Sea, has the authority to regulate and enforce the law on marine scientific research in the jurisdiction of its country. This article will be talk about how Indonesia, as a sovereign country, regulates the jurisdiction of its country, in terms of marine scientific research, as well as how Indonesia's efforts to enforce the law against foreign parties who carry out marine scientific research in its territory. Enforcement of this law will have a major impact on the security of sovereignty and the advancement of science and technology in the marine sector for Indonesia.
Extrajudicial Killing Dalam Kebijakan War on Drugs di Republic of Philippines: Melanggar Statuta Roma? Aisyah Muthmainnah
Uti Possidetis: Journal of International Law Vol 4 No 1 (2023)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i1.20028

Abstract

This article aims to find out and analyze whether extrajudicial killings arising from the war on drug policy in the Philippines can be the jurisdiction of the International Criminal Court (ICC). This article uses juridical-normative research with a legislative, historical and conceptual approach. The act of extrajudicial killing due to the war on drug policy in the Philippines violates the provisions in the Rome Statute. The Philippines itself was a State Party of the Rome Statute although in the end the Philippines withdrew from the Rome Statute. However, this cannot change the jurisdiction of the ICC to conduct investigations into extrajudicial killings in the Philippines. Extrajudicial killing is a violation of human rights as stipulated in the Universal Declaration of Human Rights and related conventions. The act of extrajudicial killing due to the war on drug policy becomes the jurisdiction of the ICC under Article 7 paragraph 1 of the Rome Statute of 1998, namely crimes against humanity as part of murder. In establishing a crime the ICC uses elements of crimes. Therefore, extrajudicial killings that occur in the Philippines can be the jurisdiction of the ICC.

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