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
 5   6   7   8   9 
How Indonesia and Thailand Transform International Law: A Study of Access and Benefit Sharing Kusniati, Retno
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.v5i2.36003

Abstract

This paper addresses the transformation of international law, The Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access and Benefit Sharing (NP), into national law. Those convention and protocol have established an Access and Benefit Sharing (ABS) system between utilizers and providers of genetic resources, including for indigenous people. One of the objectives of treaties it to obligate States to make law to ensure the rights of indigenous people for benefit sharing. Indonesia and Thailand are megadiversity countries and also the parties of the treaties. This paper tries to compare Indonesia and Thailand in transforming the ABS law into their national legal system and how the judges in Indonesia and Thailand use international treaty in deciding the cases. CBD is the starting point of the ABS concept for legal rights or interests that can be owned in relation to genetic resources. In this sense ABS is one of the new and innovative legal concepts introduced in international law. However, the CBD has only created a concept of ABS rights policy. Therefore, the concept of ABS rights of indigenous peoples needs to be formulated in national law by enacted the rights of indigenous peoples related to genetic resources.
The Right to Education in the Convention on the Rights of Persons with Disabilities: How is it Implemented in Indonesia? Santosa, Satria Aji
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.20011

Abstract

This paper analyses the rights to education for persons with disabilities in Indonesia according to the existing national law and the Convention on the Rights of Persons With Disabilities. It is found that the persons with disabilities are still experiencing ambiguity when it comes to the implementation of their rights to education in Indonesia. This paper concludes that the form of protection of the rights for persons with disabilities to obtain education in Indonesia has not met the criteria set by the Convention on the Rights of Persons With Disabilities because there are still differences in access to education for persons with disabilities in Indonesia. The Indonesian government is suggested to implement the rights to education for persons with disabilities equally and non-discriminatory by ensuring an inclusive access to education and providing special educational facilities for persons with disabilities as regulated in legislation and the Convention on the Rights of Persons With Disabilities.
Legal Status of Climate Refugees: Is it Regulated in International Law? Wattiheluw, Azmi Julifa; Anwar, Arman; Tuhulele, Popi
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.33591

Abstract

This paper analyses the phenomenon of climate refugees, people who migrate due to climate crisis in their home country and the determination of their legal status, rights, and protection within the international law legal framework. International law defines refugees as someone who is forced to leave their country due to persecution, war, or violence. Refugees have a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. The presence of climate refugees encourages an additional priority for those who are forced to leave their home country due to the climate crisis. This paper uses the normative legal research method to examine the International Law Instruments, books, theses, article, journals, websites, legal dictionaries, and encyclopedias, which are collected through normative qualitative legal analysis. The paper finds that there are several international legal arrangements that may provide protections for the climate refugees based on the context of human rights, where the climate refugees legal status are equalised as the refugees defined in the 1951 Refugee Convention.
The Hell-or-High-Water Clause in Aircraft Leasing Contract: UNIDROIT Principles and the Indonesian Civil Code Karami, Ahmad Adib; Amalia, Prita; Trisnamansyah, Purnama
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.36151

Abstract

This research analyses the hell-or-high-water clause in aircraft leasing contracts in the context of the principle of freedom of contract. Focusing on the review of the principle of freedom of contract based on UNIDROIT Principles of International Commercial Contract (UPICC) 2016 and Indonesian Civil Code,  this research uses normative juridical method with analytical descriptive approach. The findings show that the hell-or-high-water clause has a high binding force, providing legal certainty, especially for the lessor. However, its application must be in line with the principle of freedom of contract regulated in UPICC 2016 and the Civil Code. The application of this clause is suggested to consider three limitations stipulated by the UPICC 2016: first, the principle of freedom of contract that allows businesses to choose partners and transaction terms; second, the exclusion of certain sectors in the public interest by the state; and third, mandatory rules that limit the content of the contract. Therefore, the hell-or-high-water clause should be applied with due regard to the implementation of the principle of freedom of contract as well as national law or the existence of compelling national regulations.
Forced Displacement and Blockade Reviewed From International Humanitarian Law: A Case Study of the Humanitarian Attacks in Rafah Ishaq, Fadhli Muhaimin
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.36281

Abstract

This paper discusses the forced displacement regulated by the Geneva Conventions of 1949 and the use of blockades as a wartime strategy under international humanitarian law. The purpose of this paper is to analyze how forced displacement and the use of blockades as wartime strategies have been applied in the humanitarian incident in Rafah. This study employs normative research methods with case and legislative approaches. The paper finds that forced displacement can also be categorized as genocide if accompanied by the intent to destroy a particular group. The case in Rafah illustrates a clear violation of humanitarian law, where Israel forced Palestinians to flee, violating Article 49 of the Geneva Convention and potentially prosecutable by the ICC. A blockade is a wartime strategy that restricts access to an area, weakening defenses by cutting off supplies of food and medicine. Although permitted by international law, the implementation of a blockade must be declared, effective, impartial, and respect the rights of neutral states. However, blockades are often misused and result in human rights violations
Illegal Wildlife Trade in Bangladesh and India: A Study of Comparative Law Suvra, Anika Nower; Ontar, Morshed Hossain
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.36570

Abstract

Poaching of wildlife and misuse of plant habitats were considered one of the local, small-scale activities carried out by opportunists or miscreants for the purpose of illegal trade or smuggling of certain species. However, the irony is that over the past few decades. It has progressively become a major contributor to illegal trade with a hotspot for serious crimes" including those involving wild animals. Wildlife trafficking has become a serious threat to ecosystem conservation, putting species at risk of extinction and causing loss of biodiversity. The main objective of this work is to ensure that Bangladesh's legal framework is compatible with international regimes, particularly in preventing wildlife trafficking. Additionally, the study undertook systematic research to assess Bangladesh's commitments, performance, and limitations and compare them with the situation in India. Bangladesh is classified as a riparian country under IUCN Red List criteria IV and V. The study reviewed books, journals, research articles, supplements, news, and analysis on both substantive and ancillary national laws, beyond the Wildlife Crime Convention, providing a comprehensive set of legal rules and principles governing interactions between traffickers and species.
Conception of The Precautionary Principle in International Environmental Law: Ecosystem or Humanity? Pebrianto, Dony Yusra; Putra, Akbar Kurnia; Ardianto, Budi
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.38009

Abstract

This paper discusses the concept of the precautionary principle as a bridge between the dichotomy of ecosystem protection and human safety. A pertinent example is the proposed evacuation road in Kerinci, which has yet to receive permission due to its planned route through Kerinci Seblat National Park. The issue is analyzed using a normative approach. The research concludes that the precautionary principle establishes a balance between the objectives of ecosystem safety and human safety as a fundamental right. Therefore, the state must not neglect its responsibilities and should maintain oversight of all policies, ensuring that prior decisions are guided by stringent risk analysis. This approach emphasizes the importance of integrating ecological considerations into development policies, ultimately aiming for sustainable coexistence between human needs and environmental preservation.
Body Scanners at Airports: The Dilemma between Aviation Security and Passenger Privacy Rights Wulandari, Mentari Putri; Ardianto, Budi; Yin, Tan Xuan
Uti Possidetis: Journal of International Law Vol 6 No 1 (2025): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i1.37198

Abstract

The aviation industry has tightened its security measures due to the increasing threat of attacks at airports. The use of body scanners can be considered an important step in enhancing flight security by detecting prohibited items carried by passengers. However, this can raise privacy concerns, as it may reveal sensitive information about the passengers' bodies. Although security checks at airports are often seen as an extension of aviation security, the implementation and practices of these checks must adhere to human rights and individual privacy. Therefore, the Chicago Convention of 1944 safeguards the safety of international civil aviation and protects the rights of passengers. Although the use of body scanners can be seen as a security measure, it must be carefully considered to balance the need for safety with the protection of individual privacy. This article aims to explain the implications of body scanners on the privacy rights of airline passengers. This research employs normative legal research, and the research method applied in this study is a literature review utilizing books, scientific journals, and other sources that regulate body scanners and passenger privacy rights at airports.
PERJANJIAN INTERNASIONAL PADA HIERARKI PERATURAN PERUNDANG-UNDANGAN: PERBANDINGAN DI INDONESIA DENGAN PRANCIS Cahayarizputra, Albiruwahidhan
Uti Possidetis: Journal of International Law Vol 6 No 1 (2025): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i1.39328

Abstract

This paper is intended to discover the comparison between the role of international treaties in the hierarchy of legislations in Indonesia and France. Normative legal research is used in this paper with a comparative approach to find the similarities and differences between the legal systems in Indonesia and France, and also to find possible solutions to overcome current legal problems in Indonesia. The result of this paper is that the position of international treaties in Indonesia’s legal hierarchical order is largely unclear. The ratification of treaties in Indonesian law can be in form of regular laws (undang-undang) or presidential regulations (peraturan presiden). Meanwhile, France places international treaties in higher hiearchical position compared to ordinary laws, but lower postion compared to the Constitution, although France allows for constitutional amendments to accomodate international treaties that are found unconstitutional by the Constitutional Council. The unclear position of international treaties in Indonesia’s hierarchy of laws potentially causes problems if domestic laws conflict with the provisions of international treaties. International law mainly views that any conflict with domestic regulations is not an excuse to shirk their obligations to fulfill the provisions of a treaty, unless said treaty conflicts with the basic norms of a country. In order to guarantee the principles of pacta sunt servanda, and to ensure the harmonization of international agreements with national laws, thus international treaties should be given specific position in the hierarchy of laws.
Bahasa Inggris Putri, Erika Emilia; Silviani, Ninne Zahara; Tantimin, Tantimin
Uti Possidetis: Journal of International Law Vol 6 No 2 (2025): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i2.40835

Abstract

Background: This study discusses the regulation and mechanism for the return of assets resulting from corruption crimes through international cooperation in the form of Mutual Legal Assistance (MLA) by comparing the practice in Indonesia and Singapore.Methodology: This study uses normative research methods and data collection techniques through literature review with secondary data sources and using statute and comparative approaches. Objectives: The study aims to compare the asset recovery practices through MLA in Indonesia and Singapore. Findings: The findings of this study reveal that Indonesia is still standing on a relatively suboptimal rate of return on assets resulting from corruption compared to Singapore. And, although Indonesia is a party of the ASEAN MLA, Indonesia also implements the bilateral agreements with countries inside and outside ASEAN. Originality/Novelty:The results of this study show that Indonesia needs to strengthen its diplomacy ties with the other countries, pass the Asset Forfeiture Bill, and make the ASEAN MLA as its main agreement to implement an efficient asset returns in the ASEAN region.

Page 8 of 9 | Total Record : 84

 5   6   7   8   9 

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