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Pembentukan Undang Undang Tentang Zona Tambahan Sebagai Langkah Perlindungan Wilayah Laut Indonesia Bunga, Gerald Alditya
Jurnal Selat Vol 2 No 2 (2015): "Kemaritiman & Perbatasan"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.691 KB)

1982 UNCLOS stipulates that Indonesia as the archipelago state only has the enforcement jurisdiction in its contiguous zone to exercise control to prevent infringement and to punish infringement of its customs, fiscal, immigration and sanitary laws and regulations within its territory or territorial sea. This is detrimental to Indonesia because it can not reach the violation of customs, fiscal, immigration, and sanitary laws and regulations within the contiguous zone itself. Therefore, Indonesia should estabilish Law on The Contiguous Zone to claim legislative jurisdiction in it a long with the enforcement jurisdiction. Then it could also regulate as to the violation of customs, fiscal, immigration, and sanitary laws and regulations within its contiguous zone, not only those conducted within its territory and territorial sea. Key words: Contiguous Zone, Jurisdiction, Maritime Zone  

LESSON FROM SOMALIA: A SPECIAL MODEL OF HANDLING PIRACY JURE GENTIUM AND ARMED ROBBERY AT SEA Gerald Aldytia Bunga
Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i2.3231

In this article, the author discusses the issues pertaining to piracy jure gentium and armed robbery at sea. Focus shall be given on the incidence of both crimes occurring offshore Somalia during a certain time period. It is noted that Somalia is unable or unwilling to enforce its law to protect international (commercial) shipping passing through its waters. This inability to enforce the law has been the primary reason, Somalia was forced to seek legal assistance from the international community. By taking lessons from Somalia and comparing these two crimes, the author seeks to propose a model of how to tackle the problem at hand. To be discussed and analysed is a number of United Nations Security Council Resolutions which provide the international community with a guideline how to handle both crimes.

LEGAL IMPACT OF STATE DEFENSE ON INDONESIAN CITIZEN IN INTERNATIONAL HUMANITARIAN LAW PRESPECTIVE Gerald Aldytia Bunga; Elisabeth Nirmalasari Bota Tukan
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.21604

Implementation of state defense in Indonesia can be implemented in military and non-military. Civilians can also be involved in state defense including in thoseconducted militarily, therefore this study is aimed at examining how national lawarrangements regulate the involvement of civilians in state defense which may beinvolved in military defense and how international humanitarian law regulates theinvolvement of civilians. This research uses normative legal research. The result ofthe research shows that involvement of civilians in military state defense can affectthem losing the protection they should enjoy in armed conflict.

Pelanggaran Kedaulatan Indonesia oleh Pesawat F-18 Hornet Milik Amerika Serikat (Ditinjau Dari Konvensi Chicago Tahun 1944 Dan Konvensi Hukum Laut Tahun 1982) Gerald Alditya Bunga
Dialogia Iuridica Vol. 8 No. 2 (2017): Volume 8 Nomor 2 April 2017
Publisher : Faculty of Law, Maranatha Christian University

The sovereignty is the highest attribute of a state that shoul be respected by another states. In any situation it must not be violated by others but the result of this research shows that F-18 Hornet air craft is state air craft has done a sovereignty collision over Indonesian air space with fly without permission of Indonesian government and made some manuver in civil flight line that endangered the safety of navigation of civil air craft aviation. This reserch also shows that the military strenght of USA is bigger than Indonesianâ€™s, influence the sovereignty colission over Indonesian air space, made by F-18 Hornet. Therefore in the international relationship between states, then diplomatic settlement is the best way to choose. Beside that, it is important to determine the limit between air space and outer space, then coul be knew how far the souvereingty of a state over air space.

THE REGULATION OF PIRACY AND ARMED ROBBERY AT SEA IN INTERNATIONAL LAW Gerald Aldytia Bunga
Jurnal Hukum dan Peradilan Vol 9, No 3 (2020)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.3.2020.425-448

This paper examines the regulation of piracy and armed robbery at sea in international law applicable globally and applicable only in a certain region. This research will review the elements of piracy and armed robbery at sea then made a distinction between both crimes. It will be found that there are problems that still not legally regulated in existing international regulation concerning piracy and armed robbery at sea or it has been regulated but still cause a problem in the prosecution of both crimes. It is a normative research which concludes that the regulation of armed robbery at sea is found only in regional international legal rules, unlike the regulation of piracy that exists in international rules that applied globally. The existing regulations leave problems concerning areas where a crime such as piracy-like act will be difficult to categorize as piracy or armed robbery at sea.

Pembentukan Undang Undang Tentang Zona Tambahan Sebagai Langkah Perlindungan Wilayah Laut Indonesia Gerald Alditya Bunga
Jurnal Selat Vol. 2 No. 2 (2015): "Kemaritiman & Perbatasan"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (185.691 KB)

1982 UNCLOS stipulates that Indonesia as the archipelago state only has the enforcement jurisdiction in its contiguous zone to exercise control to prevent infringement and to punish infringement of its customs, fiscal, immigration and sanitary laws and regulations within its territory or territorial sea. This is detrimental to Indonesia because it can not reach the violation of customs, fiscal, immigration, and sanitary laws and regulations within the contiguous zone itself. Therefore, Indonesia should estabilish Law on The Contiguous Zone to claim legislative jurisdiction in it a long with the enforcement jurisdiction. Then it could also regulate as to the violation of customs, fiscal, immigration, and sanitary laws and regulations within its contiguous zone, not only those conducted within its territory and territorial sea. Key words: Contiguous Zone, Jurisdiction, Maritime Zone

Juridical Analysis Of The Status Of Orient Riwu Kore In The Election Of The Regional Head Of Sabu Raijua Regency In 2020 Bill Nope; Gerald Aldytia Bunga
Journal of Digital Law and Policy Vol. 1 No. 2 (2022): Journal of Digital Law and Policy - January 2022
Publisher : Catuspata

In the 2020 Sabu Raijua regional head election, one of the regional head candidates, namely Orient P Riwukore, was questioned the status of his candidacy in the regional head election because he was suspected of being a citizen of the United States but at the same time he also had legitimate Indonesian citizenship documents. Therefore, this study aims to examine how citizenship is regulated in Indonesian and United States law and whether the Constitutional Court's decision in case number 135/PHP.BUP-XIX/2021 is constitutional. The results showed that Orient Riwu Kore was a citizen of the United States and had lost his Indonesian citizenship. Therefore, the decision of the constitutional court which annulled the victory of Orient Riwukore and his partner and ordered a re-election in Sabu Raijua Regency was a constitutional decision.

Impact of Internet Culture on Indonesian Values and Moral Decision Making Basthian A Laoebela; Gerald Aldytia Bunga; Nanny Mayasari; Unggul Sagena
Journal of Digital Law and Policy Vol. 2 No. 2 (2023): Journal of Digital Law and Policy - January 2023
Publisher : Catuspata

As internet usage has grown, so has the influence of internet culture on Indonesian values and moral decision making. The internet provides a platform for the exchange of ideas and perspectives, and it has the potential to shape and transform social and cultural norms and values. For example, internet culture may promote the spread of liberal and progressive ideas, and it may provide a voice to marginalized and underrepresented groups. Exposure to internet culture can influence Indonesian values and moral decision making in a number of ways. One of the key ways is through the exposure to a wider range of ideas, perspectives, and behaviors, which can challenge and broaden existing cultural norms and values. For example, internet culture may expose individuals to more liberal and progressive ideas, promoting greater tolerance and inclusiveness. This study aims to find out how the impact of the internet for Indonesia, especially values and moral decision making. Based on the literature study conducted in this study, it is known that the internet has both positive and negative impacts on Indonesian values and moral decision-making. To minimize negative impacts, strategies such as content filtering, media and digital literacy programs, promoting responsible online behavior, and enforcing online regulations could be implemented. A proactive and multi-faceted approach that considers the specific context and needs of Indonesian society could help to maximize the internet's positive benefits while minimizing its negative impacts.

PERAN INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) DALAM PEMENUHAN KEBUTUHAN DASAR PENGUNGSI DI KOTA KUPANG DITINJAU DARI PERATURAN PRESIDEN NOMOR 125 TAHUN 2016 Redemptus D. L. Regaletha; D. W. Tadeus; Gerald Aldytia Bunga; Jeffry A. Ch Likadja
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.557

One country that is often a transit country for people seeking asylum elsewhere is Indonesia. Due to its location, Indonesia can become an illicit trade corridor and a stopover for people seeking asylum in Australia. As the influx of these refugees is deemed to pose a danger to national security and resilience, these illegal arrivals are certainly bad for Indonesia. Every person entering or leaving Indonesia is required by law to have a valid travel document. Indonesian laws and regulations governing the treatment of international refugees are inadequate. The purpose of this study is to analyse the role of IOM in fulfilling the basic needs of refugees in Kupang City in terms of Presidential Regulation Number 125 of 2016 concerning the handling of refugees from abroad". Normative-Empirical (applied) legal research. Researchers apply qualitative data analysis methods. The approaches used in this legal research are statutory approach, historical approach and conceptual approach. The result of this research is that IOM in Indonesia has supported the Indonesian government in its efforts to overcome migration problems, both domestic and international. In Indonesia, IOM fulfils its policies regarding protection and a rights-based approach, by assisting migrants and refugees directly in accordance with the references or referrals given by the Indonesian Government to IOM. As a country that did not ratify the 1951 Refugee Convention, Indonesia still respects the rights of refugees including the right to fulfil basic needs for refugees in Kupang City. As referred to in Presidential Regulation No. 125 of 2016 concerning the handling of refugees from abroad.

Launch Country Responsibility for Space Debris Under International Space Law Markus Haris Saputra Tampubolon; Jeffry A.Ch. Likadja; Gerald Aldytia Bunga
Innovative: Journal Of Social Science Research Vol. 3 No. 2 (2023): Innovative: Journal Of Social Science Research (Special Issue)
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v3i2.1585

The purpose of this study is to examine the legal implications of the growth in space debris produced by launching countries' liability for space debris under International Space Law. This study highlights the normative juridical procedure and employs a qualitative research strategy. The framework of this research departs from the concept of state responsibility for space debris, state regulation of space debris, the concept of fault liability to the owner of space objects, the concept of joint liability of owners of space objects from more than one country or legal entity, and the category of problems in space debris objects that impede the launch of new satellites, disrupt the function of active satellites in space orbit, and cause loss and damage in space and Earth. The findings revealed that the state's responsibility for space debris under space law has not been maximized because there are various difficulties that prevent the application of international law

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