Ong Argo Victoria
International Islamic University Malaysia

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DISPUTE INTERNATIONAL BETWEEN INDONESIA AND MALAYSIA SEIZE ON SIPADAN AND LINGITAN ISLAND Nur Fareha Binti Mohammad Zukri; Ong Argo Victoria; Fadli Eko Apriliyanto
International Journal of Law Reconstruction Vol 3, No 1 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i1.4367

Abstract

In 1998 the issue of Sipadan and Ligitan dispute brought to the ICJ, later in the day Tuesday, December 17, 2002 ICJ issued a decision on the sovereignty dispute case of Sipadan-Ligatan between Indonesia and Malaysia. As a result, in the voting at the institution, Malaysia won by 16 judges, while only one person who sided with Indonesia. Of the 17 judges, 15 are permanent judges of MI, while one judge is an option Malaysia and another selected by Indonesia. Victory Malaysia, therefore under consideration effectivity (Without deciding on the question of territorial waters and maritime boundaries), the British (colonizers Malaysia) has made a real administrative action in the form of the issuance of bird wildlife protection ordinance, a tax levied against turtle egg collection since 1930, and the operation of the lighthouse since the 1960s an. Meanwhile, Malaysia's tourism activities do not be a consideration, as well as the refusal is based on chain of title (a proprietary suite of Sultan of Sulu) but failed to demarcate the sea border between Malaysia and Indonesia in Makassar strait.
The Utilization Implementation of High Sea According to Sea Convention Ong Argo Victoria; Saleh Raed Shatat
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v4i3.17555

Abstract

The purpose of this research is to find out how the implementation of the use of forms of freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982) and how the exceptions to freedom on the high seas according to the 1982 Law of the Sea Convention (UNCLOS 1982). The research method used in this research is using normative legal research methods and it can be concluded that the regulation regarding the high seas is contained in Part VII Article 86 to Article 120 of the 1982 Sea Law Convention to take advantage of the high seas. State freedoms on the high seas are freedoms in accordance with article 87, namely freedom of navigation, flight, laying submarine cables and pipelines, freedom to build artificial islands and other installations, freedom to fish, and freedom to conduct scientific research. Every given freedom can be used by every country but every country is obliged to maintain and utilize the high seas for peaceful purposes for the survival of human life. In addition to providing freedom to use the high seas, the 1982 Law of the Sea Convention provides exceptions to this freedom. Where every country is free to use the high seas but is not allowed to take illegal actions or violate the law, both national law and international law, which in its application are often violated by countries in the world. There are several exceptions to the freedom of the high seas such as the prohibition of slavery, piracy, trafficking in narcotic drugs and psychotropic substances, instant pursuit, illicit broadcasting, and pollution of the marine environment. So every country, both coastal and non-coastal countries, is required to cooperate in eradicating all forms of abuse of freedom on the high seas.
Legal Principles Under Criminal Law in Indonesia Dan Thailand Anirut Chuasanga; Ong Argo Victoria
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i1.4218

Abstract

The principle of legality is known in modern criminal law emerge from the scope of sociological Enlightenment doctrine that exalts the protection of people from abuse of power. Before coming Age of Enlightenment, the power to punish even without any regulations first. At that time, tastes kekuasaanlah most right to determine whether an act to be punished or not. To combat that, exists the principle of legality which is an important instrument of the protection of individual liberties in the face of the country. Thus, what is called the action that can be put into a regulatory authority, not power. According to legal experts, the roots of the idea of the principle of legality is derived from the provisions of Article 39 of the Magna Carta (1215) in the United Kingdom which ensure the protection of people from arrest, detention, seizure, disposal, and release of a person from the protection of the law / legislation, unless there is a judicial decision legitimate. This provision is followed Habeas Corpus Act (1679) in the UK that requires someone who is arrested is checked in a short time. This idea inspired the emergence of one of the provisions in the Declaration of Independence (1776) in the United States that says, no one should be prosecuted or arrested in addition to, and because of the actions set out in, legislation.Keywords: Principle of Legality; Criminal law; Indonesia; Thailand.
MARITIME TRANSPORTATION OF INDONESIAN POLICY Hartanto Hartanto; Ong Argo Victoria; Anirut Chuasanga
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4657

Abstract

In a period of 5 years (19.962 million) the number of shipping companies in Indonesia increased from 1,156 into 1,724 pieces, or increased 568 companies (an average increase of 10.5% pa). While the strength of the national shipping fleet enlarged, from 6.156 into 9.195 units (an average increase of 11.3% pa). But in terms of haulage capacity rose only slightly, namely from 6,654,753 into 7,715,438 DWT. Means the average capacity of the national shipping company declined. Throughout this period, the volume of sea trade grew 3% pa The volume of freight rose from 379,776,945 tonnes (1996) to 417,287,411 tonnes (2000), or an increase of 51,653,131 tons within five years, but not all of that growth can be met by the capacity of the national shipping company ( Indonesian-flagged vessels), even for domestic shipping (between ports in Indonesia). In 2000, the number of foreign ships which reached 1,777 units with a capacity of 5,122,307 DWT domestic load scooped by 17 million tonnes or about 31%.As a result, the Indonesian shipping industry is currently very poor. National shipping companies compete in national and international shipping market, due to weakness in all aspects, such as size, age, technology, and speed boats. In the field of international cargo (export / import) share of the national shipping company is only about 3% to 5%, with a declining trend (see Table below). These proportions are very unbalanced and unhealthy for the growth of the national shipping fleet strength.
WAQF AL-NUQŪD IN INDONESIA (In Law Perspective) Ong Argo Victoria
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.2999

Abstract

This article aims to make an overview on the rule and significance of waqf al-nuqūd (cash waqf) in Indonesia as a new social tool to alleviate poverty. The author highlights that Cash waqf is introduced as a new concept of waqf to solve many social problems in Muslim society of Indonesia. The qualitative methodology is employed to analyze the issues and development of cash waqf in Indonesia. Findings indicate that the cash waqf has been legalized by both Islamic scholar and national law of Indonesia so that Muslims have a chance to maximize the utilization of their waqf through a well-organized endowment and waqf organization.
ILLEGAL LAND GRAB: ISRAEL'S SEIZURE OF LAND IN PALESTINE Saleh Raed Shatat; Ong Argo Victoria
Jurnal Akta Vol 8, No 2 (2021): June 2021
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v8i2.15685

Abstract

Since 1967, each Israeli government has invested significant resources in establishing and expanding the settlements in the Occupied Territories, both in terms of the area of land they occupy and in terms of population. As a result of this policy, approximately 380,000 Israeli citizens now live on the settlements on the West Bank, including those established in East Jerusalem (this report does not relate to the settlements in the Gaza Strip). During the first decade following the occupation, the Ma'arach governments operated on the basis of the Alon Plan, which advocated the establishment of settlements in areas perceived as having "security importance," and where the Palestinian population was sparse (the Jordan Valley, parts of the Hebron Mountains and Greater Jerusalem). After the Likud came to power in 1977, the government began to establish settlements throughout the West Bank, particularly in areas close to the main Palestinian population centers along the central mountain ridge and in western Samaria. This policy was based on both security and ideological considerations. The political process between Israel and the Palestinians did not impede settlement activities, which continued under the Labor government of Yitzhak Rabin (1992-1996) and all subsequent governments. These governments built thousands of new housing units, claiming that this was necessary to meet the "natural growth" of the existing population. As a result, between 1993 and 2000 the number of settlers on the West Bank (excluding East Jerusalem) increased by almost 100 percent.
LAW DEVELOPMENT OF WAQF AL-NUQUD (CASH WAQF) TOWARDS ELECTRONIC WAQF (E-WAQF) BASED ON PUBLIC WELFARE Ong Argo Victoria; Russel Ong
Law Development Journal Vol 1, No 1 (2019): June 2019
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.86 KB) | DOI: 10.30659/ldj.1.1.13-17

Abstract

The modern era is identified with the era of the digital society. Every human activity will be driven through a series of digital technology. For example everything is electronic through the identification number Electronic Identity Card (E-ID), Card payment toll road electronic (E-Toll), ATM, PIN (Personal Identification number), etc. all using the digital system. No exception waqf management innovation has also been happening in Islamic countries including Kuwait, Qatar, Emirates, Jordan, Saudi Arabia, Egypt, Turkey, Bangladesh, Malaysia, Singapore, and even Europe and America. Among the endowments with a paradigm shift arrangements progressive approach fairly fundamental law, among others, first, in the case of an asset in waqf no longer confined to immovable property, but also against movable property. Evidence used to reinforce this view, as formulated in Article 16 Paragraph (1) of Law No. 41 of 2004 on endowments, which reads “ treasure be in waqf is immovable and moving objects”. This article aims to make an overview on the developing of law on waqf al-nuqud towards electronic waqf (e-waqf) to realize the public welfare.Keywords: Law Development; Waqf Al-nuqud; E-Waqf; Welfare.
ADOPTED FOREIGNERS INHERITANCE BY INDONESIAN CITIZEN Ong Argo Victoria; Muhammet Ebuzer Ersoy
Sultan Agung Notary Law Review Vol 1, No 2 (2019): November 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (605.235 KB) | DOI: 10.30659/sanlar.1.2.82-96

Abstract

Adoption is a legal act which distract a child from the environment of its parents, legal guardian, or other person responsible for the care, education and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoption among Indonesian citizens and foreigners. However, what legal consequences arising from the removal of the child? Is the adopted child could inherit from their foster parents or not? Or is there a way to pass down inheritance to adopted child who allowed the legislation? Therefore, this article will discuss,
COMPARATIVE LAW OF ISLAMIC INHERITANCE AND CIVIL LAW INHERITANCE (WEST) Amine El Khalfi; Ong Argo Victoria; Fareha Binti Moh. Zukri
Sultan Agung Notary Law Review Vol 1, No 2 (2019): November 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (514.988 KB) | DOI: 10.30659/sanlar.1.2.109-120

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Talking inheritance law can not be separated from some of the elements that are bound. The elements are as follows: 1) The Heir, heir is the person who died or people who give so-called legacy heir. Usually heir bestows both wealth and debt obligations or to other persons or heirs. 2) The heirs, heirs are those who inherit referred to as heir was given the legal right to receive the assets and liabilities or debts left by the testator. 3) Treasure heritage, heritage is everything that is given to the heir to the testator possessed, whether it be right or property such as houses, cars, and gold as well as liability for the debt. But, despite its importance, is often the subject of this heritage be problematic. Not surprisingly, many people who dropped the ropes brotherhood because of inheritance. The main problems are usually due to disagreements about equality and fairness. Indonesia has two Inheritance law, they are based on Islamic law (Faraidh) and Civil Law (Penal Code). 
NOTARY SERVICE IN THAILAND Yaya Kareng; Ong Argo Victoria; R. Juli Moertiyono
Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (612.232 KB) | DOI: 10.30659/sanlar.1.1.46-56

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In most countries, a Notary Public is known as an official who is licensed by the State to perform functions such as the authentication of signatures or documents, and the witnessing of affidavits or statements of persons under oath. Notarization of a document is important as the act of notarization itself creates a guarantee on the authenticity of the document, or to the act of the signatories to the instrument. While there are no notaries public in Thailand, some lawyers are given the authority to function as Notarial Services Attorney in the country. In Thailand, it is the Lawyers Council of Thailand which regulates the practice of notarial services in the State. A Thai lawyer is required to undergo and pass a professional training course for the service before he is registered as a Notarial Services Attorney.Keywords: Notary; Service; Attorney; Thailand.