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Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures Helmi Helmi; Hafrida Hafrida; Retno Kusniati
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no1.2101

Abstract

This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.
PENGGUNAAN OMNIBUS LAW DALAM REFORMASI REGULASI BIDANG LINGKUNGAN HIDUP DI INDONESIA Helmi Helmi; Fitria Fitria; Retno Kusniati
Masalah-Masalah Hukum Vol 50, No 1 (2021): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.50.1.2021.24-35

Abstract

Perumpunan bidang dan kelembagaan merupakan ide utama tulisan ini dalam melakukan reformasi regulasi menggunakan omnibus law bidang lingkungan hidup di Indonesia. Studi ini menggunakan telaah yuridis normatif yang membahas permasalahan: Pertama, apakah aspek perumpunan bidang dan kelembagaan dapat dijadikan dasar reformasi regulasi bidang lingkungan hidup menggunakan omnibus law? Kedua, apakah bidang UU-PPLH dapat dijadikan sebagai rumpun untuk melakukan reformasi regulasi terhadap bidang-bidang sektoral lingkungan hidup di Indonesia? Kajian ini menghasilkan simpulan: Pertama, perumpunan bidang dan kelembagaan merupakan prinsip dasar penggunaan omnibus law di Indonesia untuk reformasi regulasi di Indonesia termasuk bidang lingkungan hidup. Kedua, lingkungan hidup merupakan rumpun bidang, maka omnibus law dapat dijadikan metode dalam pembentukan UU Lingkungan Hidup sebagai rumpun bidang yang mencakup sub-sub rumpun bidang di bawahnya.
Status Hukum Papua Barat: The Right to Self-Determination atau National Integrity? Sehrenneta Bella Fiona; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i1.8433

Abstract

West Papua as one of the regions in Indonesia that integrates with the New York Agreement between Indonesia and the Netherlands carries the right of self-determination in an effort to separate from Indonesia. This research discusses how the regulation of the right to self-determination as part of Human Rights and examines the basis of West Papua in carrying out the right to self-determination and declaring itself as a state. This type of research is normative, with statutory (statue) and historical approaches. This research concludes that the right to self-determination is part of human rights, while West Papua’s claim as part of the Indonesian State in demanding the right to self-determination is clashed with the Uti Possidetis Juris and Territorial Integrity.
Personalitas Perusahaan Multinasional dalam Hukum Internasional Syukri Syukri; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 1 No 1 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i1.8572

Abstract

This article aims to find out and analyze the personality and responsibilities of multinational cooperation in international law. The type of research is normative studies by using statutory, conceptual and historical approaches. It is shown that the personality of multinational cooperation in international law is limited as a quasi subject of international law, which is applied in the context of: 1) party in the settlement of international disputes, limited to the cases of investment disputes through, international arbitration; and 2) party in the drafting of investment contracts using the principles of international trade law, in particular the principles of National Treatment and Most Favored Nations. The responsibilities of multinational cooperation in international law are based on soft law provisions yet applied through host country as the intermediary actor by the regulation in national legal provisions.
Pengaturan Aspek Lingkungan Hidup dalam Perdagangan Internasional Berdasarkan GATT-WTO Zevia Gustira; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i2.10717

Abstract

International trade, in the era of globalization, is a method taken by state leaders to fulfill their domestic needs. The inability of a country to meet this need, interests often friction. It is not uncommon for the State to take action that can harm other countries. Excessive exploitation of domestic natural resources, international awareness in the sustainability of natural resources, about protecting resources and even creating sustainability to enjoy these natural resources. The seriousness of the international world can also be seen from the steps taken by world leaders, the format of changing GATT which only pays attention to the protection of its member countries in conducting international trade with other countries can be protected, as well as members of developing countries and poor countries. The next development of awareness that the environment could be threatened by exploitation, it was the WTO that was formed to perfect GATT International trade, in the era of globalization, is a method taken by state leaders to fulfill their domestic needs. The inability of a country to meet this need, interests often friction. It is not uncommon for the State to take action that can harm other countries. Excessive exploitation of domestic natural resources, international awareness in the sustainability of natural resources, about protecting resources and even creating sustainability to enjoy these natural resources. The seriousness of the international world can also be seen from the steps taken by world leaders, the format of changing GATT which only pays attention to the protection of its member countries in conducting international trade with other countries can be protected, as well as members of developing countries and poor countries. The next development of awareness that the environment could be threatened by exploitation, it was the WTO that was formed to perfect GATT.
Tanggung Jawab Iran Terhadap Penembakan Pesawat Sipil Ukraina Ditinjau Dari Hukum Udara Internasionali Nabila Hasibuan; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v1i3.10834

Abstract

Abstract The purpose of this research were to find out and analyze Iran’s responsibility for shooting Ukrainia’s civil aircraft in international air law. The problem that will be discussed is the regulation in international law about the state’s obligation for manage civil aviation safety that trough their territory and Iran’s responsibility for shooting Ukrainia’s civil aircraft in international law. The type that used for this research is normative legal research, the approach in this study is law approach, case approach and historical approach, the sources of legal material used are primary, secondary, and tertiary legal materials. The result of the study show that (1) states whose its airspace passed by civil aircraft must guarantee the aircaft safety in a way regulate the prohibited area if something happen in the territory and the aircraft cant pass through and with a great air navigation civil aircraft safety and security can be guaranteed well. (2) Iran must take full responsibility of this shooting because Iran did not regulate the prohibited area during the conflict. In the future, it is necessary to emphasize the state’s responbility for the route for internationl civil aviation and cooperate with other parties so that safety and security on international aviation can be achhieved.
Bantuan Hukum Timbal Balik dalam Penanganan Kejahatan Transnasional: Studi Kasus Indonesia-Swiss Teguh Yuwono; Retno Kusniati; Budi Ardianto
Uti Possidetis: Journal of International Law Vol 2 No 3 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i3.13042

Abstract

Transnational crime is a cross-border crime that has troubled many states. In enforcing the criminal law of a states, sometimes it is difficult for the state to pursue transnational criminals because of its cross-border nature, so that the differences in jurisdiction between countries make it difficult to enforce the law. For this reason, in order not to be hindered by the cross-border nature, the states concerned can cooperate between states using the Mutual Legal assistance Agreement. Mutual Legal Assistance is an international legal instrument that is widely used by countries as a tool to take action and prevent crimes that are transnational in nature. With this agreement, more effective law enforcement can be carried out and make it easier for law enforcers to move into areas with different jurisdictions. This research is a normative juridical research based on secondary data with a statutory approach. This article concludes that mutual legal assistance will greatly play a role in law enforcement on transnational crimes involving Indonesia-Switzerland
Urgensi Larangan Penggunaan Senjata Kimia di Suriah menurut The Chemical Weapon Convention 1993 Ar Raffi Ridho Ananda; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 3 No 1 (2022)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i1.15449

Abstract

This study aims to determine and analyze the application of The Chemical Weapons Convention 1993 "CWC" in the prohibition of the Use of Chemical Weapons and to identify and analyze the protection of victims against the impact of the use of chemical weapons in Syria. The research method used is a normative juridical research type. The results showed that the application of The Chemical Weapons Convention 1993 "CWC" in the prohibition of the use of chemical weapons that Syria's violation of the provisions stipulated by International Humanitarian Law and the settlement made by the OPCW and the United Nations in their cooperation which was resolved only limited to the destruction of weapons. owned by Syria again, no criminal sanctions were found for perpetrators of violations of International Humanitarian Law. Protection of victims against the effects of the use of chemical weapons in Syria is carried out according to the 1949 Geneva Conventions based on Article 27 of Geneva Convention IV 1949, namely: The protected person has the right, in all circumstances, to obtain respect for himself, his dignity, the rights of his family, religious beliefs and worship, and habits and customs. They are treated humanely and protected at all times, in particular against all forms of violence or threats of violence and against public humiliation and curiosity.
The Legal Protection of Sustainable Agricultural Land: Why is It Urgent? Ivan Fauzani Raharja; Hafrida Hafrida; Retno Kusniati; Sasmiar Sasmiar; Ahmad Ridha
Jambe Law Journal Vol 4 No 2 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.2.151-170

Abstract

The phenomenon of rapid population growth and land conversion is what forms the background of this study. The Indonesian state does not only lose its agricultural land but also its farmers. This is the concern of the Government, including Local Governments, considering that agricultural land in its territory needs to be saved for food security and the needs of the next generations. Indonesia, including Jambi Province, will no longer have agricultural land and enough farmers in the future if this condition continues. Sungai Penuh of Jambi Province has been chosen as an object of study since this city is one of the main rice producers but suffering from agricultural land conversion. In realizing the goal, Legal policy is an option to implement because it binds not only the Local Government but also the community. That’s why it is important to protect agricultural land through a legal framework to ensure the availability of agricultural land. This article argues that the problem has to find ways by establishing local regulation to protect the sustainability of land and the prosperity of the farmers as well as by providing comprehensive incentive programs for those who conserve it.
Beijing Treaty on Audiovisual Performances: Sudah Konsistenkah Hukum Indonesia Pasca Ratifikasi? Tia Andiani; Retno Kusniati
Uti Possidetis: Journal of International Law Vol 3 No 2 (2022)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v3i2.17180

Abstract

This article discusses Indonesia's commitment to providing legal certainty for audiovisual performances in Indonesia. This article concludes that there is no consistency in Indonesian law in providing legal protection for audiovisual performances that have been ratified by Indonesia through Presidential Regulation No. 2 of 2020 on the international legal instruments of the Beijing Treaty. The issuance of Presidential Regulation Number 2 of 2020 does not necessarily provide legitimacy to apply these rules into Indonesian national law. Therefore, it is necessary to develop the law by establishing or changing copyright laws in accordance with the substance of the state's obligations in the Beijing Treaty for the protection of all parties involved in audiovisual performances.