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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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Myanmar Military Coup: Can ICCPR Protect Civil Society? Pasha, Vanhar Camal; Novianti, Novianti; Harahap, Rahayu Repindowaty
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.19973

Abstract

This study aims to find out how the International Convention On Civil And Political Right protects Myanmar Civil Society in the Myanmar Military Coup Case and how the legal protection for Myanmar civil society against conflicts that occur in the region. This research is a normative legal research. With a statute approach, case approach and conceptual approach. Based on research, that in the convention on civil and political rights there are provisions that regulate and guarantee the rights of civil society, but the rights of civil society in Myanmar are not guaranteed due to the coup conflict and the struggle for power in the country. This shows that the convention on civil and political rights has not optimally guaranteed the protection of the rights of civil society. As well as how ASEAN's role in resolving conflicts carried out by the Myanmar military against Myanmar's civil society. The forms of protection of Myanmar's civil society are contained in the existing rule of law and if there is a problem, this problem is resolved at the Summit or ASEAN Summit level
Mitigating Disinformation: Reflection of #NoNotAgain Campaign in Nepal for Indonesia Candra Kresna Wijaya; Kent Revelino Chandra; I Komang Dananjaya
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.23875

Abstract

Ahead of election day in Nepal, a #NoNotAgain campaign movement has emerged on facebook advocating people not to vote for some incumbent prime ministerial candidates. The campaign criticized the candidates' failures during their previous terms in office. Nepal Election Commission then reacted by demanding that the facebook page be shut down through the threat of imprisonment or fines. With a normative legal research method that uses statutory, factual, conceptual, and comparative approaches, this article is prepared with the aim of analyzing the legality of the Nepal Election Commission restriction efforts on the freedom of expression of Nepalese through the restriction requirements contained in the International Covenant on Civil and Political Rights. Given that this phenomenon is related to the conditions that Indonesia will face in the 2024 general election, therefore, this article also seeks to find the ideal formulation of disinformation mitigation mechanism while respecting freedom of expression. The results of this study show that the response of Nepal Election Commission has violated freedom of opinion and expression. By reflecting on Nepal's experience, Indonesia can employ several alternative methods in dealing with disinformation.
Protecting Indonesia's Communal Intellectual Property Rights: A TWAIL Perspective Putri, Ria Wierma; Sabatira, Febryani; Kasmawati, Kasmawati; Hanumsari, Shafa Raida A.
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.25186

Abstract

The Third World Approach to International Law (TWAIL) emerges as a critical perspective on the current international legal system, providing a robust framework to aid Indonesia in safeguarding its communal intellectual property rights. This research seeks to emphasize the urgency of adopting TWAIL and elucidates how its application can play a pivotal role in advancing both economic prosperity and social identity in Indonesia. Positioned within a normative juridical framework, this study delves into the TWAIL perspective and its relevance to the protection of Communal Intellectual Property Rights (CIPR). It demonstrates how embracing the TWAIL approach for communal intellectual property rights can establish a legal framework that is more just, inclusive, and respectful of the rights of indigenous communities. By securing strong legal protections at both international and national levels, communities gain the ability to manage their traditional knowledge for commercial use, identifying potential global markets. Consequently, this approach fosters improvement and underscores the potential positive impacts on economic development, particularly in expanding markets and accessing goods.
Kerusakan Ekosistem Pesisir: Reklamasi Wilayah Jawabannya? Wattimena, Josina Augustina Yvone; Leatemia, Wilshen
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.28199

Abstract

Reclamation of coastal areas is an activity that is widespread in almost all regions of Indonesia. This activity is a solution to answer the problem of limited land area and to meet development needs. In fact, the reclamation carried out, including in the coastal areas of Ambon City, apparently caused damage to the coastal ecosystem and posed a threat to several coastal areas in Ambon City, which of course directly or indirectly had an impact on the people who live in coastal areas. This research aims to analyze and determine aspects of justice for the environment and society resulting from the reclamation of the coastal areas of Ambon City. This research uses an empirical approach. The results of the research show that the problem of reclamation of coastal areas is very unfair to the people of coastal areas and the environment where they live. Laws that are used as a means of reform to improve aspects of human welfare and protect and preserve the environment apparently cannot be used as legal instruments that are "pro-people" and "pro-justice". In fact, when they experience excesses due to reclamation, they must be given compensation and anti-loss as a form of corrective justice as stated by Aristotle and Thomas Hobbes.
Application of The Principles of Extraterritorial Jurisdiction Towards Personal Data Breach Committed Cross-Country Borders Ba'abud, Mohammad Fadel Roihan; Heriyanto, Dodik Setiawan Nur
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.28300

Abstract

Cybercrime is a reality that has emerged with the era of digitalization. One of the most commonly occurring cybercrimes is personal data theft. In light of Regulation No. 27 of 2022 regarding the Protection of Personal Data, which has extraterritorial application, it is essential to critically assess the jurisdiction applied to offenders involved in transnational personal data theft. The writer conducted normative research for this narrative, utilizing various scientific approaches such as statute, conceptual, and comparative analysis. This research uses Regulation No. 27 of 2022 as the analytical tool for domestic regulation towards the different conventions and regulatory frameworks within international law pertaining to the enforcement of personal data theft. The research leads to the conclusion that a domestic regulation with extraterritorial traits alone is not the ultimate solution for successfully applying extraterritorial jurisdiction for transnational offenders. In summary, an international framework that promotes and sustains intensive international cooperation is necessary to effectively enforce extraterritorial jurisdiction against offenders involved in transnationally committed personal data theft.
Tacit Choice of Law in the Metaverse: What Law Applies? Meliala, Aurora Jillena; Putra, Akbar Kurnia
Uti Possidetis: Journal of International Law Vol 5 No 1 (2024): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i1.28587

Abstract

This research discusses the reality of the metaverse with emphasis placed on the need for a rule of law for certain activities within it that is related to Private International Law. This research observes what the metaverse is, its prevalent structure and the recent dialectics on the place of international law as a comprehensive and much needed legal regime within its system. This article utilises a normative legal research methodology and uses qualitative data such as legal theories and related research to arrives at a certain conclusion on the place of Private International Law in the Metaverse. The first part of this research elaborates on the relationship between the Metaverse and Law and the importance of a clear rule of law in the Metaverse. The second part provides an overview of Private International Law in regards to the notions that exist within it to determine a prescriptive jurisdiction. The third section discusses tacit choice of law as an alternative answer to the current uncertainty in the commercial world of the Metaverse. While the last part talks about the incorporation of metaverse regulations in the domestic and regional scenes. The  article finds that the need for a clear legal framework not only in regards to choice of law but also for all aspects of the Metaverse is direly needed. While tacit choice can provide legal certainty in the world of commercial contracts, a comprehensive cybersecurity regime is needed for a Metaverse that is truly based in rule of law.  
Through the Reactive to Proactive Thinking: Foresight of the AUKUS Agreement Rational Practice in the Indo-Pacific Rizki Apriliana, Adhitya Nini
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.31812

Abstract

The AUKUS security pact between Australia, the UK, and the US, aimed at promoting prosperity in the Indo-Pacific has successfully generated significant attention. This alliance, rooted in the shared history of these powerful nations, includes the development of nuclear-powered submarines and enhanced underwater capabilities. The rise of China, particularly its actions in the South China Sea, has created tension in the region and presented a dilemma for ASEAN. The emergence of AUKUS has raised questions about its impact on ASEAN's role and whether the pact is intended to contain China. Some perceive AUKUS as a challenge to ASEAN centrality, potentially undermining the organization's ability to maintain stability and cooperation in the region. This research, using both legal and conceptual analysis, finds that AUKUS is not designed to directly confront China militarily. While AUKUS acknowledges the challenges posed by China's growing influence, it emphasizes a commitment to a free and open Indo-Pacific through cooperation rather than confrontation. This finding should reassure ASEAN and reduce concerns about the pact's destabilizing potential. Instead of viewing AUKUS with apprehension, ASEAN should explore ways to engage with the pact to address shared concerns and promote regional stability.
Organ Trafficking Crime in Indonesia: How is it Implemented and Regulated According to International Law? Selviana, Nana; Kinanti, Fatma Muthia; Bangun, Budi Hermawan; Arsensius, Arsensius
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.33237

Abstract

This research discusses the implementation of the United Nations Convention against Transnational Organized Crime regarding organ trafficking in Indonesia by adopting a normative juridical approach to analyse international legal instruments, particularly UNTOC, and Indonesia's national legal regulations following the ratification of UNTOC by Indonesia, including the Indonesian Criminal Code, the Human Trafficking Law, and the Health Law. This research observes primary, secondary, and tertiary data sources. The research findings indicate that UNTOC is applicable to eradicate human organ trafficking in Indonesia. However, its implementation in Indonesia still faces challenges, particularly in the scope of law enforcement and public awareness. This study emphasises the importance of human rights protection, careful clinical evaluation, and transparency in reporting data related to organ transplantation. Moreover, this study suggests to increase international cooperation, strengthen law enforcement, victim protection, and to enhance public awareness to combat the wrongful act of organ trafficking. Also, national regulations and public education must be strengthened to improve the efforts against transnational organized crime.
The Lion Air JT610 Crash Due to Lack of Pilot Training: Is There Responsibility for Indonesia? Ghaisani, Amalina; Sefriani, Sefriani; Safitri, Alya Ananda
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.33724

Abstract

This research analyses international law, specifically in the realm of international aviation law. This research aims to determine whether Indonesia is responsible for the crash of Lion Air JT610 that happened on October 29, 2018. The accident was also followed five months later by the crash of Ethiopian Airlines ET302 on March 10, 2019. Both crashes involved the Boeing 737 MAX 8 and were linked to inadequate pilot training on the new Maneuvering Characteristics Augmentation System (MCAS). Using the normative legal research with statutory and case approach, the findings proved that besides its responsibility as a regulator, Indonesia is only responsible for issuing the airworthiness certificate, supervision, and investigation. On the other hand, the responsibility to ensure the maximum level of flight safety remains in the hands of the manufacturer company, including conducting pilot training and providing information regarding the new system.
Implications of WTO DSB Panel Ruling on Imbalance of Power between WTO Member States Luthfiah, Nyimas Sheila; Oppusunggu, Yu Un
Uti Possidetis: Journal of International Law Vol 5 No 2 (2024): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i2.33863

Abstract

Liberalization of trade, ease of market access and freer trade are one of the objectives from the establishment of World Trade Organization (WTO). Free and regulated trade can be achieved by having WTO as an international trade organization that regulates the trade-related of goods and services. International trade activities, however, have the tendency to generate disputes. WTO serves not only as an international trade organization but also as a choice of forum in settling trade disputes. Dispute settlement mechanism through WTO is conducted by using the Dispute Settlement Understanding (DSU) which contains the rules regulating the settlement procedures through WTO. WTO rulings are adopted by Dispute Settlement Body (DSB) and legally binding the disputing parties. Albeit the recommendations or rulings bind the parties, non-compliance on the rulings are susceptible to occur. More likely if the disputes are involving developing countries with the proclivity of having weak dispositions in international trade relations. Keywords: DSB; DSU; developing countries; retaliation; WTO

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