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Student Journal of International Law
Published by Universitas Syiah Kuala
ISSN : -     EISSN : 28078497     DOI : https://doi.org/10.24815/sjil.v3i2.29557
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
We are interested in topics relating to domestic and international legal issues. it accepts articles relating to Civil Law, Criminal Law, Civil Procedural Law,Criminal Justice Process, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law and Constitutional Procedural Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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PATENT PROTECTION FOR ARTIFICIAL INTELLIGENCE: A COMPARATIVE STUDY OF INDONESIA AND THE UNITED STATES Rahmatillah, Raihan; Sanusi, Sanusi
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31473

Abstract

This study examines the patent protection of artificial intelligence (AI) under the laws of Indonesia and the United States, with a particular focus on the legal ambiguities surrounding the patentability of computer programs. The Indonesian Patent Act excludes mere computer programs from patent eligibility, but its explanatory notes suggest exceptions that create legal uncertainty. Similarly, the US Patent Act lacks explicit provisions addressing computer programs, leading to uncertainty regarding AI patent protection. Employing a normative legal research methodology and a comparative approach, this study assesses the adequacy of patent laws in both countries. Data is gathered through library research, official sources, and limited interviews. The findings indicate that while AI inventions receive some level of partial protection in both jurisdictions, the US system benefits from more established precedents and clearer standards. The study concludes with recommendations for Indonesia to enhance its patent framework by drawing lessons from the US approach. It emphasizes the need for clear, adaptable, and uniform patent regulations to promote AI innovation. Proposed reforms should include explicit provisions for recognizing computer programs and AI algorithms as patentable inventions, thereby ensuring legal certainty and fostering educational initiatives on AI patent protection.
EVALUATING THE IMPACT OF THE 2015 PARIS AGREEMENT ON CARBON EMISSION REDUCTIONS: A CASE STUDY OF PT. SOLUSI BANGUN ANDALAS Hasz, Muhammad Ofans; Roesa, Nellyana
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.22119

Abstract

This article examines the critical role of corporate social responsibility (CSR) in mitigating carbon emissions within the framework of international law, with a focused case study on PT. Solusi Bangun Andalas (SBA). The research aims to identify the carbon emission reduction initiatives undertaken by SBA as part of its CSR commitments. To achieve this, the study employs a mixed-methods approach, incorporating primary data collected through field research, including interviews with key stakeholders and direct observations, alongside an extensive review of legal literature, regulations, and theoretical frameworks as secondary sources. The findings highlight that the Paris Agreement serves as a pivotal instrument for global climate action, offering a structured approach to addressing climate change by establishing a steadfast goal of limiting global temperature rise to well below 2 degrees Celsius. This international accord not only sets the stage for coordinated efforts to curb carbon emissions but also underscores the responsibility of corporations like SBA in contributing to these global objectives. The implementation of effective carbon reduction strategies aligns with Indonesia's commitment to enhancing its environmental sustainability and fulfilling its international obligations. Ultimately, this study contributes to the broader discourse on the significance of corporate responsibility in fostering environmental stewardship and emphasizes the imperative for businesses to adopt sustainable practices in their operations, ensuring that economic growth does not come at the expense of the planet's health
NON-INTERVENTION PRINCIPLE, HUMAN RIGHTS VIOLATIONS AGAINST ETHNIC ROHINGYA, AND INDONESIA'S ROLE IN THE UN HUMAN RIGHTS COUNCIL Maghfirah, Alya; Tinianus, Enzus
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31393

Abstract

Article 2, Paragraph 2(e) of the ASEAN Charter stipulates the principle of non-interference in the internal affairs of ASEAN Member States, which serves as the foundation for the non-intervention policy within the organization. Unfortunately, this principle has had a detrimental effect on ASEANs ability to address human rights violations against the Rohingya ethnic minority in Myanmar. The goal of this thesis is to evaluate the applicability of the non-intervention principle within ASEAN and to analyze Indonesia's role as a member of the UN Human Rights Council in addressing these human rights violations. This research employs a normative juridical method with qualitative analysis. The findings indicate that the current strict adherence to the non-intervention principle within ASEAN needs to be reformed, as it obstructs potential solutions to the human rights issues faced by the Rohingya. On the other hand, Indonesia, serving as a member of the UN Human Rights Council, has made significant diplomatic efforts to address the situation, including establishing refugee camps for ethnic Rohingya within its territory.
The Legal Relationship Between Holding Company and Subsidiary Company in Foreign Direct Investment in Aceh Upstream Oil and Gas Sector Pramana, Andika Reza; MH, Nurdin
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31398

Abstract

During 1970-1990, Indonesia emerged as one of the world's largest producers of oil and natural gas. Its management required direct foreign investment due to the need for capital, technology, and skilled human resources. Foreign direct investment activities in Indonesia typically involved the establishment of subsidiaries by foreign and Indonesian companies, necessitating legal regulation governing the relationship between subsidiaries and their holding companies. This study aims to analyze the legal correlation between subsidiaries and holding companies in foreign direct investment, the authority and intervention of holding companies in subsidiaries, and the barriers faced by foreign investment in the upstream oil and gas sector in Aceh. Normative juridical analysis was employed throughout the study period, involving analysis of various books, journals, research papers, and relevant legislative regulations. Consistent with the findings, the legal relationship between subsidiaries and holding companies in direct foreign investment in the upstream oil and gas sector in Aceh is not extensively detailed in Law Number 40 of 2007 concerning Limited Liability Companies. Instead, it is determined by the articles of association and cooperation contracts. As majority shareholders, holding companies have the ability to influence decisions concerning the financial, strategic, business, and operational aspects of subsidiaries. However, foreign investments in this sector encounter challenges related to environmental concerns and the complexity of regulations and administration.
RESOURCE GOVERNANCE IN INDONESIA: CHALLENGES OF MINING PERMITS AND LAND USE RIGHTS Pertiwi, Putri Indah; Surya Putri, A Salsabila Ivana; Amanda, Dina; Nabillah Arrista, Jihan; Rachmadianti, Keiza
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.33395

Abstract

Indonesia is renowned for its abundant natural resources. In alignment with Article 33, Paragraph 3 of the 1945 Constitution, which asserts that the earth, water, and natural resources in Indonesia are under state control and should be utilized for the maximum benefit of the people, the Indonesian government is tasked with overseeing these resources to enhance the welfare of its citizens. Nonetheless, ongoing conflicts arise from overlapping legal frameworks between Mining Business Permits (IUP) and Business Use Rights (HGU). These conflicts may stem from various factors and lead to significant losses for multiple stakeholders.This article employs a doctrinal methodology through a literature review, examining relevant books, journals, news articles, and online media to investigate these issues. It aims to inform the Indonesian public by providing an overview of the challenges associated with the intersection of IUP and HGU, as well as the government's responsibilities and potential solutions. By fostering a deeper understanding of these complexities, particularly for those involved in the mining industry, this article also calls upon the government to enhance regulatory oversight to mitigate such overlaps.
THE ROLE OF THE OMBUDSMAN OF ACEH IN PREVENTING MALADMINISTRATION IN PUBLIC SERVICES: A CASE STUDY OF DP3A ACEH Ayu, Nadia Pratiwi; Sari, Novita; Ahmady, Iqbal
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.29862

Abstract

One of the key institutions overseeing public services in Indonesia is the Ombudsman of the Republic of Indonesia, as outlined in Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. The Ombudsman has the authority to supervise the implementation of public services provided by State-Owned Enterprises, Regional-Owned Enterprises, State-Owned Legal Entities, as well as private entities or individuals tasked with delivering public services that are partially or fully funded by the national or regional budgets. This research aims to analyze the role of the Ombudsman of Aceh in preventing maladministration and to examine their efforts related to public service issues within the Department of Women Empowerment and Child Protection (DP3A) Aceh. Employing a qualitative, descriptive approach, the study collects primary data through in-depth interviews with various stakeholders and supplements this with secondary data obtained from document analysis, including Law Number 37 of 2008, relevant regulations, and media reports. The findings highlight the significant role and proactive efforts of the Ombudsman of Aceh in addressing alleged maladministration within DP3A Aceh, functioning as an external supervisory body. Their efforts encompass a range of actions that demonstrate responsiveness and a commitment to fostering good governance. In addition to providing recommendations, the Ombudsman actively monitors the implementation of corrective measures to ensure compliance. In conclusion, the study reveals instances of maladministration within UPTD-PPA Aceh, particularly procedural deviations in handling Domestic Violence (KDRT) complaints involving children. The Ombudsman of Aceh identified these issues in accordance with the provisions of Law Number 25 of 2009 concerning Public Services.
LEGAL PROTECTION OF CHILDREN AFFECTED BY INTERNATIONAL CHILD ABDUCTION: A COMPARATIVE ANALYSIS BETWEEN INDONESIA AND SINGAPORE Sarah, Cut; Farsia, Lena
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33735

Abstract

International child abduction remains a persistent issue in both Indonesia and Singapore. While Singapore has enacted specific regulations to address this matter through specific legislation, including the International Child Abduction Act 2010 (ICAA), Indonesia still lacks specific regulations explicitly governing international child abduction. This article analyzes the legal framework governing the protection of children affected by international child abduction, with a focus on relevant international legal instruments, and analyse a comparison of legal protections provided in Singapore and Indonesia. The study employs a normative legal research method, analysing primary legal material, such as international conventions and domestic laws, as well as secondary sources. A comparative approach highlights disparities between Indonesias and Singapores legal frameworks for addressing international child abduction. The finding shows that while the Hague Convention on the Civil Aspects of International Child Abduction 1980 (Hague Convention) and the Convention on the Rights of the Child (CRC) offer a robust framework, Singapore, through the ICAA, effectively enforces international standards. Conversely, Indonesia, such as Law No. 35 of 2014 and the Criminal Code, lacks a mechanism for cross-border resolution and often treats such cases as custody disputes. Countries should recognize and understand existing international instruments like the Hague Convention and CRC to establish clear mechanisms for addressing international child abduction. Indonesia should accede to the Hague Convention and integrate its provisions into its domestic laws, following Singapores structured approach to better address cross-border cases.
RATIFYING THE WTO AGREEMENT ON FISHERIES SUBSIDIES: THE CHALLENGES AND OPPORTUNITIES FOR INDONESIA Firmansyah, Jenny Khalila; Wardah, Wardah
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33679

Abstract

Indonesia, as the worlds second-largest seafood producer, faces significant challenges in managing fisheries subsidies due to their contribution to overfishing, Illegal, Unreported, and Unregulated (IUU) fishing, and marine resource depletion. This study employs a normative legal research methodology, examining primary legal sources such as the WTO Agreement on Fisheries Subsidies (AFS), Law No. 7 of 2016 on the Protection of Fishermen, Fish Farmers, and Salt Farmers, and related regulations, complemented by secondary literature and semi-structured interviews with relevant government officials. The analysis compares Indonesias legal provisions with AFS requirements, identifying partial compliance and gaps in transparency, sustainability criteria, explicit prohibitions on harmful subsidies, and enforcement mechanisms. Findings also reveal weaknesses in Monitoring, Control, and Surveillance (MCS) systems, data collection, and equitable subsidy distribution. To address these issues, the paper proposes targeted legal amendments, technology-driven data reporting, phased subsidy reforms that safeguard small-scale fishers livelihoods, and strengthened regional cooperation through ASEAN frameworks. Ratifying the AFS, if paired with these reforms, would enable Indonesia to fulfil its international obligations while advancing sustainable fisheries governance.
THE COMMANDER'S RESPONSIBILITY FOR WAR CRIMES: THE NECESSITY FOR INDONESIA TO ADHERE TO THE ROME STATUTE Rifqi, Muhammad Ariq; Listriani, Sophia
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33736

Abstract

Commanders responsibility, as recognized in international law, holds military commander responsible for war crimes perpetrated by their subordinates if they fail to prevent or punish such actions. However, in Indonesias legal framework, it is insufficient due to the countrys inability to adhere to the Rome Statute. Indonesian Law No. 26 of 2000 on the Ad Hoc Human Rights Court is indeed regulating the matter of commanders responsibility, but it lacks the provisions for war crimes, which may cause serious risk of hindering the prosecution of war crimes perpetrators. The law also contains significant linguistic flaws on the commanders responsibility provisions, as obtained through comparison with the standards provided in the Rome Statute. The flaws are evident in Article 42(1), where the original wording of the Rome Statute is changed, therefore weakening mandatory responsibility and allowing ambiguous interpretations of the law. This study aims to contribute to the scholarship by analyzing how these legal gaps may prevent responsibility for war crimes. Utilizing normative legal research methodology with library-based and comparative approach, this study analyzes both international and Indonesias national legal instruments, including the Rome Statute, the 1949 Geneva Conventions, and Law No. 26 of 2000, alongside secondary sources such as academic literatures and historical precedents from tribunals such as Nuremberg. The findings reveal that Indonesias failure to incorporate war crimes provisions prevent justice in unresolved cases, such as the Timor-Leste Case, and undermines its compliance with International Humanitarian Law. Furthermore, this study proposes legal reform, with a possible ratification of the Rome Statute, as crucial measures to strengthen Indonesias responsibility mechanisms.
PATTERNS AND CONSEQUENCES OF VETO POWER IN GENOCIDE RESPONSE: A COMPARATIVE STUDY ON SYRIA AND PALESTINE Rana, Ariq Taqi
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33678

Abstract

The United Nations Security Council (UNSC) faces significant challenges in addressing genocide due to the veto power granted to its permanent members under Article 27(3) of the UN Charter. This research analyzes the impact of veto power on the UNSCs accountability and effectiveness, focusing on the conflicts in Syria and Palestine. Through normative legal research and a comparative approach, the study characterizes the crimes committed by the Assad regime and the Israeli government as genocide using Genocide Watchs Ten Stages framework. It then examines how Russia and the United States have prioritized geopolitical interests over humanitarian concerns, enabling impunity and obstructing international legal accountability. Distinct from previous works, this study advances a legal critique grounded in jus cogens norms and the UN Charters purposes and principles. It proposes reforms such as a supermajority override and amendment of Article 27 to empower non-permanent members and strengthen the UNSCs capacity to respond effectively to genocide.

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