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Evaluation of the Regulation Changes on Environment and Forestry in Indonesia Helmi, Helmi; Syam, Fauzi; Nopyandri, Nopyandri; Putra, Akbar Kurnia
Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (488.172 KB) | DOI: 10.20956/halrev.v6i1.2290

Abstract

This article aims to examine the correlation between the concept of proper enforcement of the law as stipulated in Article 5 (2) of the 1945 Constitution of Indonesia and the establishment and implementation of government regulation on environment and forestry. This article is a normative legal research with statute, historical, and conceptual approaches. The result shows that proper legal enforcement means two things, namely, establishment and enactment of government regulation by the President and the content of the regulation that does not contradict the law. Failure to comply with the law means the President does not establish or enforce a government regulation as mandated or the content of the regulation is not in line with the law.  If the President does form or enforce the implementation of government regulation, this means that the President violates his oath and promise to uphold the Constitution and to serve the nation. If the content of the regulation contradicts with the law, it can be canceled. In this situation, the government needs to realign the content of existing regulations. The ministry involved in legal drafting is called to oversee the content and follow through with revisions. All party involves in the making of law and regulation, such as the People Representatives, the President, or the Minister, is reminded to carefully formulate a government regulation.
Facility Security Measures at Ujung Jabung Port: a Review in Terms of The International Ship and Port Facility Security Code Farisi, Mochammad; Putra, Akbar Kurnia; Ardianto, Budi; Harahap, Rahayu Repindowaty
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.864 KB)

Abstract

Ujung Jabung is a region located in the District of Sadu at Tanjung Jabung Regency, Jambi Province, Indonesia. The area strategically lies in the Indonesian Archipelagic Sea Lane 1 (ALKI 1), which is the international trading and shipping lane. It brings about an excellent opportunity for economic development in Jambi Province. With this in mind, the Government of Jambi develops the region into a strategic area that includes Ujung Jabung Port. Based on the 2011-2031 Region’s Spatial Plan (RTRW) of East Tanjung Jabung Regency, the regency designed it to be the main port with the name of Samudera Ujung Jabung Port. The international shipping routes at the port are Ujung Jabung-West Asia-East Europe and Ujung Jabung-Southeast Asia-East Asia. Due to its international nature, the construction of Samudera Ujung Jabung Port should follow the international measures on the security of the port, shipping, and facility. As a Member of the International Maritime Organization (IMO), Indonesia is subject to international law. It ratifies the United Nations Convention on Safety on Life at Sea (SOLAS) 1974 and the auxiliary instrument of International Ships and Port Facility Code (ISPS Code). Accordingly, the construction of Samudera Ujung Jabung Port should comply with the international safety standard as written in the ISPS Code.
Pelaksanaan Keterbukaan Informasi Publik di Universitas Jambi: Suatu Telaah Normatif Akbar Kurnia Putra; Sulhi Muhammad Daud Abdul Kadir
JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL Vol 12, No 2 (2020): JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL, DESEMBER
Publisher : Universitas Negeri Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24114/jupiis.v12i2.18135

Abstract

Openness of public information is one of the pillars of freedom of expression and the pillars of democracy, transparency and good governance. To encourage public participation, Law Number 14 of 2008 concerning Openness of Public Information was born. The provision regulates social norms to obtain data access and guarantees that each individual fulfills his basic rights. This research is focused on the implications of these regulations at the University of Jambi. As a public body, the University of Jambi is required to apply all the provisions that have been set. Aside from being a controlling system, this policy must be addressed as part of bureaucratic reform, especially regarding good governance so that the fundamental changes that occur are directly proportional to the area of change desired. The research methodology uses the normative type of jurisprudence, namely by examining the legal literature through the study of documents with the nature of analytic description so as to produce systematic factual basis. 
Asylum Seekers and Refugee Management: (Im)Balance Burden Sharing Case between Indonesia and Australia Arie Afriansyah; Hadi Rahmat Purnama; Akbar Kurnia Putra
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1145.pp70-100

Abstract

Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The “Bali process” is one of Indonesia and Australia's arrangements to lead the region in tackling forced migration and refugees. Unfortunately, despite their “common” interests, many of Australia's policies towards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nationally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indonesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by managing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.
Perlindungan Hukum Warisan Budaya Takbenda dan Penerapannya di Indonesia Eva Juliana Purba; Akbar Kurnia Putra; Budi Ardianto
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.v1i1.8431

Abstract

Budaya tidak berwujud merupakan warisan budaya dari leluhur yang diturunkan dari generasi ke generasi dimana sangat bernilai dan memiliki daya guna yang tinggi, oleh karenanya sangat penting untuk dilindungi. Penelitian ini bertujuan mengetahui bagaimana Perlindungan Hukum terhadap budaya tidak berwujud benda yang diatur dalam Convention for the Safeguarding of the Intangible Cultural Heritage 2003 serta mengetahui upaya yang perlu dirumuskan oleh Indonesia untuk melindungi budaya tidak berwujud tersebut dalam kerangka penerapan Convention for the Safeguarding of the Intangible Cultural Heritage 2003. Permasalahan terkait hal ini yaitu perlindungan hukum mengenai warisan budaya tak berwujud benda di Indonesia melalui sistem hukum yang berlaku positif di Indonesia belum mampu secara maksimal, belum optimal dan unikatif dalam memberikan perlindungannya. Penelitian ini merupakan penelitian yuridis normatif dimana penelitian yang dilakukan dengan cara meneliti bahan pustaka terkait Perlindungan hukum terhadap budaya tidak berwujud berdasarkan Convention for the Safeguarding of the Intangible Cultural Heritage 2003 dan Penerapannya di Indonesia. Berdasarakan hasil penelitian dapat disimpulkan perlindungan terhadap budaya tidak berwujud sudah diatur dalam Convention for the Safeguarding of the Intangible Cultural Heritage 2003 serta Peraturan Menteri dan Kebudayaan Nomor 106 Tahun 2013 Tentang Warisan Budaya Takbenda. Selain itu perlunya dibentuk sanksi dalam Convention for the Safeguarding of the Intangible Cultural Heritage 2003 bagi negara pihak yang tidak menjalankan kewajiban pelestarian dan perlindungan budaya tidak berwujud di tingkat nasional.
Peran Perempuan dalam Misi Pemeliharaan Perdamaian dan Keamanan Internasional Nurul Istiana Hasan; Akbar Kurnia Putra
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.v1i2.10179

Abstract

In many countries where peacekeeping missions are carried out, gender-based violence and conflict-related sexual violence occur in alarming numbers. Both civilians and fighters, women and children are the most victims in a conflict. Armed conflict becomes a traumatic experience for each individual who experiences it. Women peacekeepers representing the United Nations are in a State to help restore the trust of people experiencing post-conflict trauma. However, to date the number of women is still very low compared to men in the United Nations Peacekeeping Mission. The UN Charter mandates the Security Council to maintain international peace and security. The study discusses how women play a role in international peacekeeping and security missions as well as actions. This type of research is a normative juridical sourced in secondary data. The results of this study show that in all areas of peacekeeping, female peacekeepers have proven that they can perform the same role, by standards and in the same difficult conditions. Therefore, it is an operational imperative of the United Nations to recruit and maintain female peacekeeping forces.  
Aspek Hukum Internasional Dalam Pemanfaatan Deepfake Technology Terhadap Perlindungan Data Pribadi Muhammad Ariq Abir Jufri; Akbar Kurnia Putra
Uti Possidetis: Journal of International Law Vol 2 No 1 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i1.11093

Abstract

The purpose of this research is to knowwhat the aspects of international law in regards to the use of deepfake technology relating to personal data protection are, and how it impacts the Indonesia’s national law based on the law principle of social engineering which dictates that the law is created to guide people towards a better way, and the principle of social controlling as a planned process to force people to abide by the customs, norms and other values held by society so there won’t be any deviated behaviours specifically in the use of deepfake technology, and how to align international and national law using the principle of planning, organizing, actuating, and controlling. This research uses a normative law type of approach. The source of data used consists of: a) Primary legal material, such as Convention 108+, Convention for the Protection of Individuals with Regards to the Processing of Personal Data; Constitution and Convention of the international telecomunication union (with annexes and optional protocol). Concluded at Geneva on 22 December 1992; Republic of Indonesia's Act No. 19 (of) 2016 about Electronic and Information Transaction; b) As for the secondary legal material used are books, articles, journals, reports, and various scientific papers and etc. Which supports the primary legal material; c) As for the tertiary legal materials used are dictionaries, interviews, newspaper, the internet, and etc. Which can support both the primary and secondary legal materials. Data analysis are conducted in a descriptive-qualitative manner. This research specified the use of descriptive analysis.
Yurisdiksi Kelompok Pemberontak Pra dan Pasca Pengakuan Sebagai Subjek Hukum Internasional Akbar Chusnein; Akbar Kurnia Putra
Uti Possidetis: Journal of International Law Vol 2 No 2 (2021)
Publisher : Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v2i2.11762

Abstract

This research aims to provide a general understanding of the jurisdiction for rebel groups before and after their recognition as belligerents, or the shift of the groups in question from domestic legal subjects to legal subjects of the international law. The type of method used in this research is in the form of normative legal research, which utilizes the collection of legal materials relevant to the object of research in the form of literature; The materials referred to are such as: (a) Primary legal materials: The Charter of United Nation, The Geneva Convention, The Hague Convention; (b) Secondary legal materials: legal science books, legal science journals, legal research reports, scientific articles, seminar materials, workshops, and so on; (c) Tertiary legal materials: Legal materials which precepts or provides an explanation on the primary and secondary legal materials, such as legal dictionaries, newspapers, the internet and so on.
Penanggalan Kekebalan Pejabat Diplomatik: Kebijakan Hukum Negara Pengirim atau Negara Penerima? Annisa Asfida Sari; Akbar Kurnia Putra
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.v2i3.13147

Abstract

Article 29 of the 1961 Vienna Convention stipulates that diplomatic officers are inviolable, may not be arrested or detained. They must be treated with respect and receiving countries must take appropriate steps to prevent attacks on their persons, freedoms and dignity. So the consequence arising from the inviolability of a diplomatic official is immunity from the jurisdiction of the receiving country. However, the jurisdictional immunity possessed by diplomatic officials can be waived by the sending country as contained in Article 32 of the 1961 Vienna Convention. This article aims to find out how the mechanism in the issuance of immunity (immunity waiver) by the sending country against diplomatic officials. The results of the study show that the subject who has the right to waive the immunity of diplomatic officials who commit violations in the receiving country is the sending country. This waiver of immunity can be carried out after an application is submitted by the receiving country and submitted by the Head of State, Minister of Foreign Affairs or the Head of the Diplomatic Representative of the sending country.
Legal Protection of Cultural Objects in the Armed Conflict Akbar Kurnia Putra; Bernard Sipahutar; Vrandza Iswenanda; Sulhi Muhammad Daud
Jambe Law Journal Vol 2 No 1 (2019)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.37 KB) | DOI: 10.22437/jlj.2.1.79-97

Abstract

This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conflict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conflicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conflicts.