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Muh. Risnain
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Jl. Majapahit No. 62, Mataram, Provinsi Nusa Tenggara Barat, 83125
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INDONESIA
Mataram Journal of International Law
Published by Universitas Mataram
ISSN : -     EISSN : 2987369X     DOI : https://doi.org/10.29303/majil.v3i1
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
This journal is dedicated to advancing rigorous scholarship in international law, with particular emphasis on the intersection between international perspectives and their implementation in Indonesia. Its scope spans a wide range of fields, including public international law, international human rights law, international humanitarian law, international environmental law, international economic law, international criminal law, the law of the sea, air and space law, as well as comparative and transnational legal studies. Within these areas, contributions may explore diverse topics such as state responsibility, treaty law, dispute settlement, human rights in the digital era, the conduct of armed conflict and civilian protection, climate change and environmental justice, international trade and investment arbitration, accountability for mass atrocities, maritime and space governance, and the interplay between domestic and international legal systems, with particular attention to perspectives from the Global South. The journal especially welcomes articles that engage with contemporary and emerging issues, whether theoretical, doctrinal, or empirical, that contribute to critical debates on international law and global justice.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Providing Employment Opportunities For Refugees in Indonesia : Positive And Negative Effects Havez, Muhammad; Susanti, Susi; Ninin Ernawati
Mataram Journal of International Law Vol. 1 No. 2 (2023): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v1i2.3746

Abstract

International refugee cases have always been a relevant topic for discussion because this topic still needs a solution. Indonesia, as a transit country, has optimally assisted refugees. However, refugees living in Indonesia still often complain that IOM's assistance has been inadequate and insufficient to meet family needs. This research discusses what the Indonesian government is doing to protect refugees. Furthermore, can the right to work for refugees be granted in Indonesia. This research concludes that the Indonesian government builds residences and provides educational, religious, and other facilities to asylum seekers. Granting the right to work for refugees can be given to asylum seekers, but they can only be given the right to work in the government sector as laborers. A concrete example is being a laborer on government tea plantations. They may be paid by the Indonesian government but are managed by the government and cannot freely determine the job they want.
THE AUTHORITY OF THE COUNCIL OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA (DPR RI) IN RATING INTERNATIONAL AGREEMENTS POST THE RULING OF THE CONSTITUTIONAL COURT (MK) NUMBER 13/PUU-16/2018 Bah Jatun Nadrati; Risnain, Muh; Zunnuraeni
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.3862

Abstract

This research aims to find out and understand the meaning of the DPR RI's authority to ratify international agreements based on Constitutional Court Decision No. 13/PUU-16/2018 and to understand and analyze the direction of regulating the authority of the DPR RI in ratifying international agreements after Constitutional Court Decision No. 13/PUU-16/2018. This research method uses a type of normative legal research. The meaning of the DPR RI's authority to ratify international agreements based on Constitutional Court Decision No. 13/PUU-16/2018 expands the definition of DPR approval, which is not limited to the provisions of Article 10 of Law no. 24 of 2000 concerning international agreements, but in all international agreements which have the nature of having broad and fundamental consequences for people's lives related to the financial burden on the state, and requiring changes or formation of laws. The Constitutional Court's decision pertaining to the DPR's authority in ratifying international agreements, the Constitutional Court expanded the meaning of Article 10 by cancelling the Article and returning to the norms contained in article 11 of the 1945 Constitution of the Republic of Indonesia, the Constitutional Court interpreted it extensively. The direction of regulating the authority of the DPR RI in ratifying international agreements after the Constitutional Court decision no. 13/PUU-16/2018 is by changing or replacing the existing norms in article 10 of Law No. 24 of 2000 concerning International Agreements by regulating the substance of international agreements as intended in article 11 of the 1945 Constitution of the Republic of Indonesia and following the pattern of article 84 of Law no. 7 of 2014.
APPLICATION OF THE PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITIES IN FULFILLING STATE OBLIGATIONS FOR CLIMATE CHANGE UNDER THE PARIS AGREEMENT ON THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE Ida Ayu Dampaty Anja Anjani; Zunnuraeni; Guna Nugraha, Lalu
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.3989

Abstract

Climate change is now an international issue as it affects nations around the world. The Paris Agreement 2015 was established as a form of countries' efforts to reduce climate change. This research aims to find out the application of the principle of common but differentiated responsibilities in the Paris Agreement and its implementation in Indonesian law as a developing country. The research method used is the normative research method with statutory and conceptual approaches. The research results determined that the application of the principle of common but differentiated responsibilities in the Paris Agreement is based on a bottom-up approach. The approach gives the authority to determine targets for each country through the formation of nationally determined contributions containing action plans that will be implemented by a country within the next five years to realize the goals of the Paris Agreement. In its implementation in Indonesian national law, the principle of common but differentiated responsibilities is applied through the NDC which is then realized in several regulations governing capacity building, economic growth, and adaptation and mitigation.
STATE RESPONSIBILITY IN THE DISPOSAL OF RADIOACTIVE SUBSTANCES IN THE ASIA-PACIFIC AREA (Case Study on Japanas Disposal of Nuclear Waste in Fukushima Waters) Annisa Raudlatul Rahmah; Risnain, Muh; Guna Nugraha, Lalu
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.4135

Abstract

This research aims to find out and examine Japan's responsibility for disposing of radioactive waste in the waters of the Asia Pacific region and to find out and understand the steps that the IAEA should take in resolving the disposal of radioactive waste in the waters of the Asia Pacific region by Japan. This research method uses a type of normative legal research, namely by taking a conceptual approach and a case approach. The actions taken by Japan give rise to responsibilities that must be fulfilled because they violate obligations in several principles and provisions of international law. Actions in disposing of radioactive by Japan have received approval from the IAEA because the level or content of radioactive waste disposed of by Japan is still classified as safe as per the results of laboratory research carried out by TEPCO and the IAEA.
THE LEGAL RESPONSIBILITY OF A PRIVATE MILITARY COMPANY (PMC) IN AN INTERNATIONAL ARMED CONFLICT UNDER HUMANITARIAN LAW Lalu Nahudatu Akbariman; Zunnuraeni; Guna Nugraha, Lalu
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.4147

Abstract

The existence of Private Military Company (PMC) in most contemporary armed conflicts as a non-participant has raised the legal question regarding the status and legal standing of PMC. This research aims to analyze the legal position and determine the legal responsibility of PMC in international armed conflicts according to Humanitarian Law. The research employed a normative legal research method, utilizing international treaties, national legislation, and international customary law as the basis. The findings reveal that, under international law, the PMC is not a party legally authorized to engage in armed conflicts. The legal responsibility of the PMC for crimes in violation of international humanitarian law and human rights can be attributed to both civil responsibility and criminal responsibility for war crimes, based on the principle of corporate criminal responsibility. However, the non-recognition of PMC as subjects of international law means that PMCs cannot be held criminally liable under international law. Therefore, the existence of humanitarian law in the national legal system paves the way for the criminal prosecution of PMC as a company.
BIODIVERSITY CONSERVATION IN THE EXPLOITATION OF NATURAL RESOURCES IN INTERNATIONAL SEABED AREAS UNDER THE BIODIVERSITY BEYOND NATIONAL JURISDICTION AGREEMENT Ihdal Umam; Risnain, Muh; Zunnuraeni
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.4169

Abstract

This research aims to analyze and understand the conservation of biodiversity in international seabed areas based on BBNJ, and to analyze the urgency of the State of Indonesia to ratify the BBNJ Agreement. The research method used is normative legal research. The results show that conservation in the context of the BBNJ (Biodiversity Beyond National Jurisdiction) Agreement includes protection and conservation of natural resources and management. Protection and conservation are regulated through the establishment of area-based management instruments and the requirement of environmental impact assessments for activities on the high seas and the international seabed. Meanwhile, conservation within management is addressed through equitable benefit sharing, technology transfer and capacity building. Therefore, the ratification of the BBNJ Agreement is very important for Indonesia because Indonesia's geographical situation as an archipelago with a large marine area requires effective protection of marine biodiversity, most of which is beyond national jurisdiction. Ratification of the BBNJ Agreement will strengthen national capacity in marine technology, provide better access to marine genetic resources, and strengthen Indonesia's commitment to sustainable ocean management and contribute positively to global ocean governance.
KOMERSIALISASI RUANG ANGKASA DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN PEMBAHARUAN HUKUM NASIONAL INDONESIA: pengaturan komersialisasi ruang angkasa serta sumber daya alamnya berdasarkan outer space treaty 1967 dan permasalahan komersialisasi ruang angkasa dalam hukum nasional indonesia Amy rizki nurae aini, Amy rizki nurae aini; Zunnuraeni; Pitaloka, Diva
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.4198

Abstract

Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan mengenai komersialisasi ruang angkasa yang diatur dalam Outer Space Treaty 1967 sebagai landasan hukum penggunaan ruang angkasa dan pembaharuan hukum nasional Indonesia dalam menghadapi komersialisasi ruang angkasa. Penelitian ini menggunakan metode pelitian normatif, yaitu dengan cara melakukan pendekatan konseptual dan pendekatan teoritis. Peraturan mengenai komersialisasi ruang angkasa diatur dalam Outer Space Treaty 1967 dan The Moon Agreement 1972 yang mengatur mengenai segala bentuk aktivitas penggunaan ruang angkasa termasuk kegiatan komersialisasi dan dalam hukum Nasional Indonesia diatur dalam Undang-Undang Nomor 21 Tahun 2013 Tentang Keantariksaan dan Peraturan Presiden Nomor 45 Tahun 2017 Tentang Rencana Induk Penyelenggaraan Keantariksaan yang ditargetkan dalam waktu 25 tahun dimulai sejak tahun 2016 sampai dengan tahun 2040.
Analysis Of The World Trade Organization Panel Decision Between Indonesia And The European Union In Case Number Ds592 Of 2022 Concerning Restrictions On Exports Of Low-Grade Nickel Ore Zampara Mernissi; Risnain, Muh; Pitaloka, Diva
Mataram Journal of International Law Vol. 1 No. 2 (2023): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v1i2.4221

Abstract

The purpose of this study is to analyse the suitability of Indonesia's nickel export restriction policy to international trade rules at the WTO and analyse the actions taken by the Indonesian Government following the WTO Panel Decision regarding the nickel export restriction policy. The research method uses the normative-legal research method. The legal approach methods use statutes, cases, international agreements, and conceptual approaches. The legal material sources or types of legal materials use primary and secondary legal materials. The legal material collection technique used is library data. The analysis of legal materials used is a review of statutory regulations and international agreements. The result of the study showed that the panel has decided that Indonesia has violated Article XI:1 GATT 1994 so Indonesia's policy cannot be justified by Articles XI:2 (a) and XX GATT 1994. Indonesia finally appealed the WTO Panel Report Number DS592. Researchers recommend considering the use of the Principles of Permanent Sovereignty over Natural Resources and Special and Different Treatment as a defence for the Indonesian Government. Furthermore, Indonesia can connect the policy of limiting nickel ore exports to the Net Zero Emission’s mission. Retaliation against the EU could be an alternative solution, but with the caveat that the Indonesian Government must ensure that the retaliation is right on target and does not harm the country's economy and the country's politics.
Abuse Of Power And The Right Of Inviolability By Foreign Diplomats (A Case Study Of Espionage By The Australian Ambassador Against Indonesia In 2013) Pirdayanti, Denda Retno; Muh. Risnain; Pitaloka, Diva
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.4575

Abstract

This research aims to analyze the abuse of diplomatic power by foreign diplomats, focusing on the case of Australian espionage against Indonesia in 2013. It evaluates the impact of this espionage on diplomatic relations, trust between the two nations, and the legal implications under international law, including state responsibility. This study employs normative legal research methods, combining document analysis, case studies, and a review of international legal literature. The findings highlight violations of international law, a deterioration in diplomatic relations, and a decline in trust. It underscores the need for fair enforcement of laws addressing breaches of diplomatic immunity. This research emphasizes the principles of international law, the responsibility of states for unlawful actions by diplomats, and the importance of strict oversight to uphold the integrity of diplomatic relations.
The The Right to Life Based on The International Covenant on Civil And Political Rights And Its Application In Indonesian National Law Muhtar, Abdul Kadir Zaylani; Muh. Risnain; Zunnuraeni
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.5031

Abstract

This study aims to analyze and understand the protection of the right to life under the International Covenant on Civil and Political Rights (ICCPR) and its application in Indonesia. It also seeks to evaluate whether its implementation in Indonesian national law, particularly concerning terrorism, narcotics, and corruption crimes, aligns with the mandates of the ICCPR. The research methodology used is normative legal research. The findings indicate that the right to life as regulated by the ICCPR and its implementation in Indonesia are consistent and non-contradictory, including the application of the death penalty for terrorism, narcotics, and corruption crimes. This is because the ICCPR restricts the death penalty to the most serious crimes, and these three crimes fall into that category.

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