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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Yuridika
Devi Seviyana
Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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The Conundrum Of Crimea: To Whom It Belongs To? Yordan Gunawan; Jamilah Arifin; Devi Seviyana; Ananda Prasetya Utami; Elfatia Ayu Kinasih
Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 2: August 2020 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v8i2.729

Abstract

The recent Russian-Ukrainian dispute over Crimea has been attracted wide international attention. The crisis in the territory of Crimea has been criticize by the other states and international organizations as wrongful annexation by Russia of part of the territory of Ukraine. A referendum held in Crimea and the majority of the population choose to join the Russian Federation. Nevertheless, on March 2014, according to the Ukraine Constitutional Court, only parliament of Ukraine has the authority to make a referendum. The United Nations General Assembly adopted a resolution A/RES/68/262 on Ukraine’s territorial integrity that the annexation of Crimea, declared the referendum was invalid, and appealed to the international community not to recognize changes the status of Crimea. The research aim is to analyze whether Crimea belongs to Russia or Ukraine. The study is a normative legal research with Statute Approach and Case Approach. By using qualitative descriptive method, the research uses law as a foundation of norm and done through a library research with existing journal sources, internet, and books. The result shows that the annexation by Russia was invalid under international law perspective and Crimea should belong to Ukraine.
Powers and Limits of the State During the COVID-19 Pandemic: A Critical Appraisal Iwan Satriawan; Devi Seviyana
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.789 KB) | DOI: 10.20473/ydk.v36i3.26600

Abstract

The research aims to analyse the powers and limits of the State and whether Indonesia has properly adopted the concept of powers and limits during the state of emergency concerning the COVID-19 pandemic. The article adopted the normative legal research method, using the statute and case approaches for data analysis. The results show that a State may apply some types of power during an emergency. However, in using its powers, the government must consider the limits during a state of emergency. Indonesia has not properly adopted a balance of powers and limits during the state of emergency concerning the COVID-19 pandemic. While the government may take actions to respond to the pandemic, it cannot exceed the limitations on powers in accordance with the state of emergency principles. The State has tended to exceed the limits during the pandemic. In doing so, the State violated some state of emergency principles during the COVID-19 pandemic, such as temporariness, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony and supervision. The research recommends that in the future, the government and the House of Representatives (DPR) should obey the state of emergency principles, particularly in terms of State power limits to respect constitutional principles and the rule of law. In addition, individuals, groups of people or organisations may request judicial review of laws or regulations during a pandemic that violate the state of emergency principles to protect the fundamental rights of citizens.
Co-Authors Ananda Prasetya Utami Elfatia Ayu Kinasih Iwan Satriawan Jamilah Arifin Yordan Gunawan