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ANALISIS TERHADAP PEMBATASAN PERLINDUNGAN HAK KEBEBASAN BEREKSPRESI DALAM MEDIA SOSIAL MENURUT HUKUM HAM INTERNASIONAL Aziza Zulia Zaini; Aji Wibowo
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Court Decision Number 274.Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst is a lawsuit filed by workers due to non-implementation of the Decision from Industrial Relations Court by PT. Sari Keramindo International. The main problems: how the authority of Central Jakarta Commercial Court in examining and deciding disputes between workers and PT. Sari Keramindo International and how is the dispute resolution process in homologation decisions between workers and PT. Sari Keramindo International based on the regulations. This research is normative descriptive legal research trough literature studies, analyzed qualitatively and conclusions are drawn using deductive methods. The conclusion: Commercial Court has authority to adjudicate disputes between workers and PT. Sari Keramindo International due to wages and severance pay which can categorized as debt arising from law due to the non-implementation of the decision of Industrial Relations Court and provisions in Article 1149 (4) of Civil Code and Article 81 number 33 of Law Number 11 of 2020 which confirms that the workers positioned as preferred creditors for unpaid wages and other rights. As well as the existence of discrepancies in Decision Number 274/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst related to expiration of time period in deciding on homologation decisions as stipulated in Article 284 (4) of Law Number 37 of 2004.

PELANGGARAN HAK PEREMPUAN DI AFGHANISTAN SELAMA KEKUASAAN REZIM TALIBAN BERDASARKAN KONVENSI CEDAW Tsabitah Rizqi Ekanoviarini; Aji Wibowo
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Much debate erupted over the Taliban's return to Afghanistan, particularly in relation to women's human rights. Afghanistan becomes legally obligated by CEDAW after ratifying it, and as a result, must carry out the conditions outlined in its domestic laws and regulations. In actuality, the Taliban rule continues to violate human rights, notably by restricting the rights of women. The CEDAW Convention serves as the foundation for Afghanistan's state responsibility for violations of women's rights in Afghanistan, and this legal academic study addresses many human rights violations against women in Afghanistan under the Taliban government. Use of secondary data gathered through secondary sources has made this research, which is descriptive in character and normative in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. The results of the research, discussion and conclusions of this research are that the state of Afghanistan is considered to have violated international treaties and Afghanistan as a state must be held accountable for the actions that have been carried out by its state organs.

PERLINDUNGAN HAK PEKERJA MIGRAN DALAM PIALA DUNIA FIFA DI QATAR 2022 Hadyan Aptadhia Falah; Aji Wibowo
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15826

Many issues have arisen during the construction of the stadium for the FIFA World Cup in Qatar in 2022. The study's characterization of the issue is the pay and death of migrant workers. The research approach uses normative legal analysis of qualitative data. According to research and discussion, migrant worker deaths frequently occur without clear investigation into the causes. Without a clear investigation into the causes of migrant worker deaths, the families of migrant workers who are left behind cannot get adequate compensation. the remuneration of migrant workers is also a problem that has not been resolved, even though Qatar has tried many solutions to overcome it, in practice, the right to wages is still often violated. The conclusion is that Qatar has violated the provisions of the Right to Life and the Right to Wages of migrant workers set out in Article 2 and Article 23 point (2) of the UDHR. Qatar is also negligent in carrying out its obligations as a state, by not protecting the rights of migrant workers, not investigating the deaths of migrant workers, and being unable to provide solutions to the deaths and wages of migrant workers.

PENGARUH KEBIJAKAN ONE CHINA POLICY TERHADAP KEDAULATAN WILAYAH NEGARA TAIWAN DITINJAU DARI HUKUM INTERNASIONA: The Influence of the One China Policy on Taiwan’s Territorial Sovereignty From the Perspective of International Law Hamdi Firdaus Firman; Aji Wibowo
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19743

Article 1 paragraph 1 of the 1933 Montevideo Convention Concerning State Rights and Duties explains that if a country is recognized as a sovereign country it must fulfill the conditions described therein, then the problem is what causes the One China Policy to threaten the territorial sovereignty of Taiwan according to law international law and how legal settlements can be carried out by Taiwan to be able to maintain the sovereignty of its country's territory from the One China Policy. Answering these two problems can be overcome by the method used by conducting normative legal research on the sources of international law on which they are based. Data processing is done qualitatively, for drawing conclusions using a deductive mindset. Based on the analysis that has been done, it can be concluded that 1) Taiwan can be recognized as a country, but due to the lack of recognition from other countries, China is still seeking reunification with Taiwan 2) Taiwan can carry out legal settlements in order to maintain its sovereign territory 3) China's recognition of Taiwan is not justified because the country has been formed since before the recognition of the country.

ANALISIS TERHADAP PEMBATASAN PERLINDUNGAN HAK KEBEBASAN BEREKSPRESI DALAM MEDIA SOSIAL MENURUT HUKUM HAM INTERNASIONAL Aziza Zulia Zaini; Aji Wibowo
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.10274

Court Decision Number 274.Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst is a lawsuit filed by workers due to non-implementation of the Decision from Industrial Relations Court by PT. Sari Keramindo International. The main problems: how the authority of Central Jakarta Commercial Court in examining and deciding disputes between workers and PT. Sari Keramindo International and how is the dispute resolution process in homologation decisions between workers and PT. Sari Keramindo International based on the regulations. This research is normative descriptive legal research trough literature studies, analyzed qualitatively and conclusions are drawn using deductive methods. The conclusion: Commercial Court has authority to adjudicate disputes between workers and PT. Sari Keramindo International due to wages and severance pay which can categorized as debt arising from law due to the non-implementation of the decision of Industrial Relations Court and provisions in Article 1149 (4) of Civil Code and Article 81 number 33 of Law Number 11 of 2020 which confirms that the workers positioned as preferred creditors for unpaid wages and other rights. As well as the existence of discrepancies in Decision Number 274/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst related to expiration of time period in deciding on homologation decisions as stipulated in Article 284 (4) of Law Number 37 of 2004.

PELANGGARAN HAK PEREMPUAN DI AFGHANISTAN SELAMA KEKUASAAN REZIM TALIBAN BERDASARKAN KONVENSI CEDAW Tsabitah Rizqi Ekanoviarini; Aji Wibowo
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14097

Much debate erupted over the Taliban's return to Afghanistan, particularly in relation to women's human rights. Afghanistan becomes legally obligated by CEDAW after ratifying it, and as a result, must carry out the conditions outlined in its domestic laws and regulations. In actuality, the Taliban rule continues to violate human rights, notably by restricting the rights of women. The CEDAW Convention serves as the foundation for Afghanistan's state responsibility for violations of women's rights in Afghanistan, and this legal academic study addresses many human rights violations against women in Afghanistan under the Taliban government. Use of secondary data gathered through secondary sources has made this research, which is descriptive in character and normative in nature, the data is processed qualitatively and conclusions are drawn using deductive logic. The results of the research, discussion and conclusions of this research are that the state of Afghanistan is considered to have violated international treaties and Afghanistan as a state must be held accountable for the actions that have been carried out by its state organs.

PERLINDUNGAN HAK PEKERJA MIGRAN DALAM PIALA DUNIA FIFA DI QATAR 2022 Hadyan Aptadhia Falah; Aji Wibowo
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15826

Many issues have arisen during the construction of the stadium for the FIFA World Cup in Qatar in 2022. The study's characterization of the issue is the pay and death of migrant workers. The research approach uses normative legal analysis of qualitative data. According to research and discussion, migrant worker deaths frequently occur without clear investigation into the causes. Without a clear investigation into the causes of migrant worker deaths, the families of migrant workers who are left behind cannot get adequate compensation. the remuneration of migrant workers is also a problem that has not been resolved, even though Qatar has tried many solutions to overcome it, in practice, the right to wages is still often violated. The conclusion is that Qatar has violated the provisions of the Right to Life and the Right to Wages of migrant workers set out in Article 2 and Article 23 point (2) of the UDHR. Qatar is also negligent in carrying out its obligations as a state, by not protecting the rights of migrant workers, not investigating the deaths of migrant workers, and being unable to provide solutions to the deaths and wages of migrant workers.

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