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All Journal Lex Scientia Law Review Estudiante Law Journal
Waode Mustika
Faculty of Law, Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice

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Neutrality Law in the Age of Digitalization: An Analysis of the Russia-Ukraine Conflict Mellisa Towadi; Zamroni Abdussamad; Anis Bajrektarevic; Lisnawaty W Badu; Waode Mustika
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.61763

Abstract

This article aims to describe the application of the concept of neutrality law in the current era with the contamination of digitalization. The main problem refers to the intervention of third countries or neutral states in the Russian conflict v. Ukraine, then questioned the existence of neutrality law in the era of digitalization. The method used is a normative juridical method with a statute approach analyzed qualitatively and descriptively. The results show that validity is needed in determining the attitude of third countries or neutral states that intervene with belligerents (Russia/Ukraine). The determination of the validity is based on the scale of the intervention provided by the third country. Validity refers to the 1907 Hague Convention and the UN Charter, which generally outlines violations of territorial sovereignty and international law. So, in conclusion, the concept of open access, broad and immeasurable digitalization, cannot be avoided in the conflict between Russia and Ukraine. This does not necessarily become a justification because the essence of the principle of neutrality and intervention is very different; the two cannot be combined unless a violation of international law indicates one. So basically, neutrality law can no longer be the primary regulation to control the attitude of a neutral state but requires new norms that shape the attitude of a neutral state so that it can be used as international customary law.
Illicit Enrichment Conception in Positive Law in Indonesia Juwita Widya Mahmud; Mohamad. R. U Puluhulawa; Waode Mustika
Estudiante Law Journal VOL. 5 NO. 3 OCTOBER 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v5i3.24169

Abstract

This study aims to determine the Regulation of Article 20 of the United Nations Convention Against Corruption (UNCAC) concerning Illicit Entrichment in Positive Law in Indonesia. The method used in this study is a type of normative juridical research that uses a legal approach to views and doctrines. The results of this study show that Indonesia's current positive law does not contain regulations related to Article 20 of the United Nations Convention Against Corruption (UNCAC) on the acquisition of assets of public officials (Illicit Enrichment) which allows asset seizure if the state official cannot explain the cause of the increase in assets related to his legitimate income. However, in Indonesia's positive law, there are relevant regulations close to those in Article 2 paragraph (1), Article 18, and Article 37 of the Corruption Eradication Law
Co-Authors Anis Bajrektarevic Juwita Widya Mahmud Lisnawaty W. Badu Mellisa Towadi Mohamad. R. U Puluhulawa Zamroni Abdussamad