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Akbar Kurnia
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Universitas Jambi, Faculty of Law Jl. Lintas Jambi - Ma. Bulian KM. 15, Mendalo Darat, Jambi Luar Kota, Muaro Jambi, Jambi, Indonesia 36122
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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 85 Documents
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Perlindungan Hak Asasi Manusia bagi Pihak Ketiga dalam Perampasan Aset Berbasis Non-Pidato: Perbandingan Indonesia dan Australia Andini, Orin Gusta; Boer, Muhammad Riyan Kchfoi; Tanjung, Sisi A.; Odelia, Marsha
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.v6i2.41117

Abstract

Background: The ever-evolving international legal framework prioritizes the enforcement and protection of human rights and global justice. States are encouraged to underline their obligations in preventing human rights violations, particularly in law enforcement practices. Indonesia, although it has ratified the UNCAC, has still not ratified the mechanism for the confiscation of assets resulting from corruption crimes without the need for a conviction or as well known as the Non-Conviction-based Asset Recovery (NCB). The relationship between the NCB and human rights is the source of the problem of law enforcement to eradicate corruption in Indonesia. Therefore, this article explains the protection of human rights, especially those concerning the third-party, in the asset forfeiture bill in Indonesia and compares it with the implementation of the NCB in Australia. Methodology: Using a legislative approach to examine the legal provisions applicable in both countries, namely Indonesia and Australia, this paper relies on the study of relevant legal sources, including anti-corruption law and human rights law. Objective: This study is expected to provide an overview of the human rights protection mechanism in the enforcement of the law on the confiscation of assets resulting from corruption without the need to go through the criminal process first in Indonesia. Findings: The study found that the draft asset forfeiture law in Indonesia does not offer balanced legal protection for third party human rights, specifically the right to own property acquired in good faith or without criminal involvement. Indonesia is advised to adopt a mechanism for asset forfeiture without criminal proceedings as implemented in Australia, which guarantees asset ownership rights for bona fide the third-party to reformulate human rights in the bill. Originality/Uniqueness: This research is relevant and necessary in the development of the concept of multinational asset recovery in Indonesia by prioritizing the balance of human rights protection, especially for the third-party.
Violation of The Principle of Equality Before the Law in The Case of Ilaria Salis Gelora, Mahardika Ahmad
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.v6i2.41319

Abstract

Background: The principles of equality before the law and legal certainty are fundamental tenets of a rule-of-law state. Although the European Union (EU) operates under a sui generis legal framework, it is still expected to uphold these core legal principles. The case of Ilaria Salis, an Italian activist granted immunity despite her involvement in a criminal proceeding, raises concerns about the status of EU law within the international legal order. Methodology: Through a normative juridical analysis, this study examines the legal implications of granting immunity in the context of EU law. Objectives: To assess whether the immunity granted in the Ilaria Salis case is consistent with the fundamental legal principles of equality before the law and legal certainty, as recognized by EU legal instruments and jurisprudence. Findings: The study finds that the granting of immunity in this case led to a violation of both principles under EU legal standards, highlighting potential inconsistencies in the application of EU law. Originality/Novelty: This research addresses a contemporary legal dilemma by critically evaluating how the application of immunity in a high-profile case may undermine the foundational legal principles of the EU, thus questioning the coherence of EU law within the international legal framework.
Dinamika Persaingan Usaha Penerbangan di Indonesia: Tantangan Hukum dan Aspek Keselamatan Salsadillah, Nisfa; Arafah, Adhy Riadhy
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.v6i2.41874

Abstract

Background: This paper explores the critical role of the aviation industry in facilitating the transportation of goods and passengers in an archipelagic country like Indonesia. As a fast, efficient, and economical alternative for inter-island and interregional transport, aviation has become indispensable. However, the growing competition among national airline companies has led to significant challenges, with some carriers suffering losses and even facing bankruptcy. Methodology: A normative legal research approach is employed to examine the legal framework governing business competition in the aviation sector, as well as aviation safety regulations. The study further analyzes Indonesia’s obligations as a member of the international community, particularly its commitments under the International Civil Aviation Organization (ICAO). Objectives: To analyze the intersection between aviation safety and competition law in Indonesia, identifying legal challenges and ensuring fair business practices among national airline operators. Findings: The research finds that unhealthy business competition among national airline companies has led to legal disputes and interventions by the Indonesian Competition Commission (KPPU). These include findings of violations under Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Such practices have not only harmed competing businesses but also threatened the sustainability of the aviation industry. Originality/Novelty: This study provides a legal perspective that integrates competition law and aviation safety regulations, an area that is often treated separately in academic discourse. It also contributes to the understanding of how Indonesia's dual obligations–to maintain market fairness and ensure international aviation safety standards–can be harmonized through effective legal mechanisms.
ICCPR and the Future of Political Rights: A Critical Analysis of Existing International Legal Norms Farisi, Mochammad; Ardiana, Hanny Sukma; Bahren, Bahren; Harahap, Rahayu Repindowaty
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.v6i2.43388

Abstract

Background: This article examines the normative gap within the International Covenant on Civil and Political Rights (ICCPR) concerning the regulation of internal democracy within political parties. While Article 25 guarantees the procedural right to vote and to be elected, it does not sufficiently address substantive democratic deficits such as oligarchic practices, vote buying, and the absence of internal party accountability. Methodology: The analysis is grounded in normative legal research, relying on doctrinal interpretation of international human rights instruments, particularly the ICCPR, and exploring the horizontal application of human rights and the state's due diligence obligations with respect to political parties. Objectives: The primary objective is to argue that political parties, as pivotal actors in democratic systems, should be subject to human rights standards, especially regarding integrity, participation, and non-discrimination, and to identify legal mechanisms that could strengthen internal party democracy under international law. Findings: The study finds that existing international legal instruments inadequately regulate the internal functioning of political parties, allowing undemocratic practices that undermine the substantive realization of political rights. It also identifies that the state's positive obligations can justify regulatory oversight of political party governance. Originality/Novelty: This article advances three normative proposals to fill the regulatory void: the drafting of a new General Comment to Article 25 of the ICCPR, the adoption of an Optional Protocol to impose binding obligations, and the creation of UN Guiding Principles as soft law. These proposals collectively offer a novel framework for reconstructing political rights substantively and reinforcing democratic legitimacy through international law.
Externalization of the Italy-Albania Protocol on Extraterritorial Migration and Asylum Management Toward the Handling of Asylum Seekers in Indonesia Rustam, Olivia Alvionita; Erawaty, Rika; Grizelda, Grizelda
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.44556

Abstract

Background: The surge in migration to Europe, particularly to Italy, has prompted bilateral cooperation with Albania through the Italy-Albania Protocol on Extraterritorial Migration and Asylum Management. This protocol aims to reduce Italy’s burden by transferring the asylum status determination process to facilities in Albania. Meanwhile, Indonesia faces challenges related to Rohingya refugees fleeing persecution in Myanmar, making it a transit country for those seeking protection. This study aims to analyze the legality of the Italy-Albania Protocol in the context of fulfilling the human rights of asylum seekers and explore the application of the concept of externalization of asylum control from the protocol in Indonesia to address the Rohingya issue. The method used is doctrinal research with a legislative and comparative approach, as well as an analysis of international legal instruments such as the Universal Declaration of Human Rights and the 1951 Refugee Convention. The results of the study indicate that the substance of the articles in the Italian-Albanian protocol does not explicitly violate human rights and is in line with international principles. The externalization of asylum control is recognized as a global strategy to reduce migration pressure. However, Indonesia faces limitations in facilities, human rights violations, and the lack of ratification of the 1951 Refugee Convention, while Presidential Regulation No. 125 of 2016 has not been optimal in guaranteeing the rights of asylum seekers. Therefore, international cooperation and ASEAN synergy are essential for responsibility-sharing, improving facilities, and public education to support humanitarian principles and compliance with international law.

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