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Tirtayasa Journal of International Law
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 29618355     EISSN : 29618061     DOI : http://dx.doi.org/10.51825/tjil.v2i1
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Tirtayasa Journal of International Law (TJIL) is a national peer-reviewed journal particularly in the field of International Law. TJIL aims to publish high quality articles from academics, legal scholars, or practitioners at any level. TJIL creates a forum to exchange new ideas in International Law but not limited to : Public International Law, International Criminal Law, International Environmental law, International Humanitarian law, Human Right, International Law of the Sea, International Dispute Settlement, International Organizations Law, International Private Law. We invite experts, academics, practitioners, NGO activists, master and doctoral students, also legal observers to send their articles.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 57 Documents
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COMBATANT STATUS UNDER INTERNATIONAL HUMANITARIAN LAW: LEGAL IMPLICATIONS FOR INDONESIAN NATIONAL ARMY OPERATIONS IN SEPARATIST CONFLICTS Gumelar, Laksono M. A.; Amrullah, Rinaldy; Becánics, Adrienn; Putri, Ria Wierma
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.32696

Abstract

The armed conflict between the Indonesian National Army and separatist groups in Papua shows the characteristics of a non-international armed conflict (NIAC) based on international humanitarian law (IHL). However, the legal status of Indonesian National Army soldiers in this conflict has not been clearly defined in the national legal system, thus creating ambiguity regarding their protection and accountability. This study aims to analyze the combatant status of Indonesian National Army soldiers in NIAC based on international legal instruments and national regulations. Through a normative legal approach comparisons with other countries such as Colombia, Philippines, and Hungary are examined to assess legal gaps and best practices. The research findings indicate that, although combatant status is not formally recognized in NIAC, the fundamental principles of IHL remain applicable to all parties. The study concludes that Indonesia must reform its legal framework to ensure both the protection of soldiers acting lawfully and accountability for IHL violations. The research contribution i the development of an understanding of international humanitarian law (IHL) and the formation of national policies related to the legal status of military members in non-international armed conflicts (NIAC).
APPLYING EMISSION CONTROL AREAS (ECA) IN MARITIME ZONES: ADOPTION AND COMPLIANCE Sylvia, Kellyn; Indriyani, Rachma; Muslimah, Siti; Luz, Gustavo Leite Neves da
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.32803

Abstract

 The establishment of Emission Control Area (ECA) constitutes a significant regulatory measure within the international maritime legal framework aimed at mitigating air pollution generated by shipping activities. Pursuant to MARPOL Annex VI, the designation of an ECA requires a comprehensive, evidence-based proposal evaluated by the International Maritime Organization (IMO). Within these designated zones, ships are obligated to utilize low-sulfur fuel or adopt emission reduction technologies to comply with stringent emission standards. The implementation of ECAs has demonstrably contributed to improved air quality in port cities and coastal regions. Compliance is ensured through a multi-level enforcement mechanism involving flag States, port States, and coastal States, supplemented by technological monitoring and regulatory infrastructure. This study adopts a normative legal methodology combined with a descriptive-analytical approach to examine the legal provisions, enforcement mechanisms, and practical implications of ECA implementation in achieving sustainable environmental protection in the maritime sector.
GLOBAL RATIFICATION GAPS IN THE UN MIGRANT WORKERS CONVENTION: LEGAL RISKS FOR INDONESIAN MIGRANT WORKERS ABROAD Susanti, Hera; Malwengo, Joel; Sabrina, Yunita; Gunawati, Anne; Rohani, Aceng Asnawi; Solapari, Nuryati; Muksalmina, Muksalmina
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.33426

Abstract

This article aims to examine the legal and human rights consequences of the low number of countries that have ratified the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as to analyze the underlying reasons behind the limited participation of labor-receiving countries. This research employs a normative legal approach by analyzing international legal instruments and state practices related to the protection of migrant workers. The findings indicate that the low level of ratification has left migrant workers in non-ratifying countries more vulnerable to various human rights violations, such as unpaid wages, exploitative working hours, physical or sexual abuse, and arbitrary deportation.the limited  ratification hampers the formation of a global protection standard and creates an imbalance of responsibility. One of the main reasons for the reluctance of receiving countries to ratify the convention is the low political prioritization of migrant protection, along with the perception that ratification imposes legal and financial burdens—especially due to the convention’s inclusion of rights for undocumented migrant workers. The scientific contribution of this research lies in its identification of normative and implementation gaps within international legal frameworks concerning migrant worker protection. It offers a critical analysis of structural and political barriers that hinder the establishment of a comprehensive global protection regime. This study contributes to the broader discourse on international law and human rights by highlighting the urgency of legal accountability and shared responsibility among migrant-receiving states in ensuring transnational labor rights protections.
Contesting Genocide: South Africa’s Legal Standing and International Court of Justice’s Reach Over Israel Asasiyah, Aulia Randits Maulida; Danial, Danial; Vitrana, Mokhamad Gisa; Hambali, Hambali; Anom, Surya
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31695

Abstract

The lawsuit filed by South Africa against Israel regarding alleged acts of genocide against Palestinians, submitted to the International Court of Justice (ICJ) on December 29, 2023, raises a central legal issue concerning South Africa’s legal standing under Article IX of the 1948 Genocide Convention and the Statute of the ICJ. This study adopts a normative juridical approach using a case study method with descriptive-analytical specifications, based on secondary data obtained through literature review. The analysis is grounded in international legal theory, particularly the jurisdiction of international courts and the principle of obligations erga omnes partes. The results show that South Africa holds legal standing to bring the case, as the Genocide Convention grants all State Parties the right to raise disputes regarding violations, regardless of direct involvement. However, the ICJ’s jurisdiction remains contingent upon mutual consent, which Israel has denied. This rejection poses a barrier to judicial resolution. Therefore, South Africa may need to pursue diplomatic and multilateral efforts to secure jurisdictional recognition and strengthen evidentiary claims related to the alleged acts of genocide. This research contributes to the scholarly discourse by reinforcing the applicability of the erga omnes partes principle in genocide-related disputes and by offering a legal analysis of jurisdictional constraints at the ICJ, thus providing a valuable reference for understanding third-party state standing and the enforcement limits of international adjudication in politically sensitive cases.
THE IMPLEMENTATION OF RESOLUTION 2728 IN UPHOLDING SEVERE HUMAN RIGHTS VIOLATIONS IN PALESTINE Deu, Farhan; Puluhulawa, Mohamad Rusdiyanto U; Towadi, Mellisa; Rivera, Kevin M.
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31245

Abstract

This study aims to analyze the challenges in the implementation of UN Security Council Resolution 2728 in addressing serious human rights violations in Palestine, particularly in Gaza. The focus is to assess the effectiveness of the ceasefire and humanitarian aid access proposed in this resolution and to identify the key obstacles that have hindered its success in reducing violence against Palestinian civilians. Additionally, the study examines the role of the international community, especially the UN Security Council, in ensuring the resolution's implementation and monitoring of human rights violations. This research employs a qualitative approach, using literature analysis and secondary data, including official UN documents, humanitarian reports, and previous studies related to the implementation of Resolution 2728. The findings suggest that while Resolution 2728 provides a legal framework for addressing human rights violations in Palestine, its implementation has been obstructed by political and diplomatic challenges. Issues such as non-compliance with the ceasefire, restricted humanitarian access due to the Gaza blockade, and conflicting interests among UN Security Council member states, particularly the US's support for Israel, have significantly limited the resolution’s impact. Furthermore, the monitoring and accountability mechanisms for human rights violations have not been effectively enforced. This study gives contributions related to how to address political challenges and improve the implementation of Resolution 2728 in protecting human rights in Palestine.
LEGALITY AND CONTROVERSY: THE DEATH PENALTY IN INDONESIA FROM THE PERSPECTIVES OF ISLAMIC LAW, CRIMINAL LAW AND HUMAN RIGHTS Mohas, Muhyi; Rofiana, Reine; Jastisia, Mentari; Anwar, Jarkasi; Risyawan, Alief
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.32713

Abstract

The legality of the death penalty remains controversial as it often conflicts with the right to life. Therefore, this study was aimed to examine the legality of imposing death penalty from the perspectives of Criminal Law, Islamic Law, and Human Rights. This research used normative legal research and empirical research methods. The result showed that The death penalty in Aceh is known as "hukum pancung" (beheading) In Islam, there is also a criminal law known as qishash. The meaning of qishash is apple-to-apple retribution. This serves as the foundational rationale for Aceh's legalization of the death penalty, grounded in its implementation of Islamic Sharia and its unique legal autonomy within Indonesia. The death penalty is firmly regulated in Article 10 of the Indonesian Criminal Code (KUHP), Article 100 of the Indonesian Criminal Code Number 1 of 2023 and other Indonesian regulations inline with the death penalty. the death penalty philosophically aims to prioritize the greater good, preventing others from committing similar crimes, and alleviating societal unrest caused by rampant criminal cases. In the perspective of human rights, the application of the death penalty encompasses two theories: Universalism and Cultural Relativism. Indonesia adopts the principle of cultural relativism. the death penalty can be imposed by authorized law enforcement officers, provided that the case or act falls within the category of severe crimes and violations. This Research gives contribution related the reasons and all considerations underlying the regulation of the death penalty according to Islamic law, criminal law and human rights.
ANALYSIS OF GENOCIDE AS AN INTERNATIONAL CRIME: A REVIEW OF THE INTERNATIONAL AD HOC COURT AND THE INDONESIAN AD HOC COURT Banjarani, Desia Rakhma; Febriansyah, Artha; Hervando, Frizky; Vladislavovic, Botvinkin Valeriy; Irawan, Benny
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31587

Abstract

Genocide is an extraordinary crime that has occurred since the era of world war. However, legal provisions related to the punishment of this crime have only been regulated since 1994, namely during the era of the ad hoc International Criminal Court for Rwanda (ICTR). Based on the description of this background, it is necessary to study related issues: How is genocide an international crime? and what about the legal arrangements regarding genocide in the International Criminal Tribunal Statute for Rwanda and the Human Rights Court Act? This study uses normative research methods with a statutory approach. Genocide is considered the most serious because it involves the international community, which the ICC has regulated. Genocide was first regulated in legal regulations, namely the Statute of the International Criminal Tribunal for Yugoslavia and the Statute of the International Criminal Tribunal for Rwanda. The regulation of legal protection for victims of genocide crimes in Indonesia is expressis verbis contained in the provisions of Article 34 paragraph (1) of Law Number 26 of 2000 concerning the Human Rights Court. However, even though it has been controlled, the author has not found a standard procedure for victims to obtain their rights. This research gives contribution related to the differences in legal provisions between  the genocide provisions in the Statute of the International Criminal Tribunal for Rwanda as an international ad hoc court with the Law on Human Rights Courts. 

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