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Muh. Risnain
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Jl. Majapahit No. 62, Mataram, Provinsi Nusa Tenggara Barat, 83125
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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 44 Documents
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PROTECTION OF INTERNATIONAL LAW OF TRADITIONAL SONGS AS TRADITIONAL CULTURAL EXPRESSIONS: A JURIDICAL ANALYSIS OF INDONESIA AND ITS PRACTICE Muhammad Reyhan Zachary Asnawi; Ayu Riska Amalia
Mataram Journal of International Law Vol. 4 No. 1 (2026): 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: 10.29303/5cwpt408

Abstract

This study examines the challenges of legal protection for Indonesian traditional songs as part of Traditional Cultural Expressions (TCEs). The main issue lies in the gap between the individualistic nature of the intellectual property (IP) legal framework and the communal characteristics of TCEs, which makes them vulnerable to unauthorized commercialization and claims by foreign parties. Using normative legal research methods through statutory, conceptual, case, and comparative approaches, this study aims to analyse forms of international and national legal protection and to identify challenges in their implementation in Indonesia. The findings indicate that the existing protection system remains inadequate. At the international level, conventional IP regimes are not aligned with the communal nature of TCEs. At the national level, the implementation of the Copyright Law and the Cultural Advancement Law is still constrained by the absence of specific implementing regulations and the lack of inter-agency synergy. This study recommends strengthening the regulatory framework through a sui generis system or stronger policy integration, as well as empowering indigenous communities as the primary custodians of cultural heritage.
A STUDY OF UNILATERAL RETALIATION IN INTERNATIONAL TRADE LAW: AN ANALYSIS OF THE UNITED STATES VS CHINA DISPUTE Kahfi Rasman; Muh Risnain
Mataram Journal of International Law Vol. 4 No. 1 (2026): 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/fde5p795

Abstract

This research analyzes the conformity of unilateral retaliation measures in the trade dispute between the United States (US) and the People’s Republic of China (PRC), particularly through the imposition of additional tariffs during section 301 the 2017–2020 period and the development of reciprocal tariffs in 2025. The study is based on three core principles of the World Trade Organization (WTO) framework: the Most-Favoured-Nation (MFN) principle under Article I:1 of GATT 1994, the commitment to bound tariffs under Article II of GATT 1994, and the rules governing retaliation and the prohibition of unilateral action under Articles 22–23 of the Dispute Settlement Understanding (DSU). The US–China dispute is used as a doctrinal reference to identify elements of violations of MFN and bound tariff obligations, as well as to explain enforcement challenges arising from the inability to finalize panel reports following the Appellate Body crisis since 2019. Employing normative legal research methods with statutory and conceptual approaches, this study argues that tariffs imposed under Section 301 and reciprocal tariffs based on the International Emergency Economic Powers Act (IEEPA) are generally inconsistent with WTO commitments. This is because such measures are discriminatory based on country of origin, may exceed agreed tariff limits, and undermine the DSU framework, which permits retaliation only through multilateral procedures. Furthermore, this research evaluates the effectiveness of the WTO Dispute Settlement Mechanism (DSM) and highlights Article 25 DSU arbitration and the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) as practical alternatives for restoring legal certainty and finality in dispute resolution.
THE URGENCY OF RATIFICATION OF THE UNITED NATIONS CONVENTION AGAINST CYBERCRIME IN THE ERADICATION OF CRIMES RELATED TO ONLINE SEXUAL VIOLENCE AGAINST CHILDREN IN INDONESIA Muhammad Haikal Bassam; Erlies Septiana Nurbani
Mataram Journal of International Law Vol. 4 No. 1 (2026): 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: 10.29303/53qtms56

Abstract

The threat of child sexual exploitation in the digital space is transnational and continues to increase, requiring the strengthening of a more progressive national legal framework. This study aims to analyze the limitations of national legal instruments in addressing online child sexual abuse crimes and to examine the urgency of ratifying the United Nations Convention against Cybercrime (UNCC) as a strategic step in combating these crimes. The research questions in this study focus on the regulation of child protection and the criminal liability of perpetrators of child sexual violence in current national law, as well as the significance of ratifying the UNCC in strengthening cross-border law enforcement jurisdiction. Using a doctrinal legal research method with a legislative, comparative, and case-based approach, the researcher mapped the norms of the ITE Law, the Child Protection Law, the TPKS Law, and international instruments such as the ICCPR, CRC, Budapest Convention, and UNCC. The results of the study show that national legal regulations are still sectoral, reactive-territorial, and have legal loopholes in criminalizing acts such as psychological manipulation carried out by perpetrators to build trust with children for the purpose of sexual violence (child grooming) and sexually violent material produced using technology (deepfake). In addition, dependence on bureaucratic Mutual Legal Assistance (MLA) procedures is a significant operational obstacle. In conclusion, the ratification of the UNCC is an urgent necessity to close the normative gap through the standardization of criminal acts (as in Articles 14 and 15) and the provision of a special (fast-track) access to digital evidence across jurisdictions in order to ensure maximum protection for Indonesian children in the global cyberspace.
International Criminal Law Enforcement Mechanisms for Israel as a Perpetrator of Genocide and Crimes Against Humanity Lisa Mery; Riri Anggriani; Resdianto Willem; Andi Sri Rezky Wulandari; St. Ulfah
Mataram Journal of International Law Vol. 4 No. 1 (2026): 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/ywna8072

Abstract

This study aims to analyze: 1) the structural challenges facing the UN and the international legal consequences of israel's violations of jus cogens obligations, alongside the implications for the global legal order and the fostering of international trust; and 2) the potential role of International Criminal Law specifically through the International Criminal Court (ICC) in addressing entities implicated in crimes evidenced empirically but which have evaded direct accountability, while also proposing strategies for international law enforcement. The research employs a normative-juridical method, utilizing approaches based on International Law, International Court of Justice rulings, and doctrines within International Criminal Law. The findings necessitate a comprehensive analysis, revealing that theoretically: 1) the failure of the legal regime to address jus cogens violations erodes the foundation of opinio juris and fosters the fragmentation of international law; and 2) israel’s proven violations and blatant display of arrogant impunity undermine state confidence in the legitimacy of International Law which ought to protect humanity thereby risking a normative collapse of the International Criminal Law regime. Consequently, there is a need for counter-hegemonic legal strategies driven by coalitions of states and non-state actors. As the UN comprises 193 member states, any action taken on its behalf must reflect the collective will of those members. Throughout the conflict involving Palestine as a nation state particularly following israel's 1948 declaration of independence the UN's inability to take appropriate humanitarian action in this protracted conflict has perpetuated the suffering of the Palestinian people to this day; this is clearly evidenced by the UN Security Council (the UN's highest body responsible for maintaining international peace and security) being repeatedly stymied by vetoes, preventing agreement on swift and effective resolutions to ensure the safety of the Palestinian people, especially in Gaza.

Page 5 of 5 | Total Record : 44

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