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Lampung Journal of International Law (LaJIL)

lajil
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Published by Universitas Lampung

ISSN : 26566532 EISSN : 27232603 DOI : https://doi.org/10.25041/lajil

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The Lampung Journal of International Law or abbreviated as LaJIL, is an international journal published by the Faculty of Law, University of Lampung. The scope of this Journal is the development of international law sciences. LaJIL is a means of publication from results of the research, and a means of sharing developments in international law field. The background of the establishment of LaJIL Journal is focus on international law in Indonesian aspect. Therefore, Faculty of Law, University of Lampung took the initiative to establish a journal that specifically develops the issue of international law. Thus, we hope that the results of LaJIL publishing will provide an important output for the development of international law in generally, and to provide knowledge of international law of the sea, international human rights law, international of humanitarian law, international organization law, international trade and economics law, diplomatic law, international settlement disputes law, air and outer space law, international environmental law, international criminal law, and informatics and technology law in particularly. The article which will be published by LaJIL is a review article relating to the development of international law, both public and private international law. LaJIL is available in both print and online version.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 47 Documents

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SYNERGISING INTERNATIONAL LABOUR LAWS AND HUMAN RIGHTS FOR PROTECTION OF INDONESIAN MIGRANT WORKERS Muhammad Abdul Azis; Muhammad Syaprin Zahidi; David Pradhan
Lampung Journal of International Law Vol. 2 No. 2 (2020)
Publisher : Faculty of Law Universitas Lampung

Efforts in promoting international legal protection of Indonesian migrant workers can be explained that it has complete regulations. This situation cannot be separated from the facts that show the importance of granting Specific labour rights for migrant workers in the international community’s perspective. The purposes of this article are to encourage all people to consider seriously the applying of international human rights law in order to promote of human rights, especially, for Indonesia migrant workers (TKI) and create better migration management. In legal-formal matter, the applying of legal mechanisms has been recognized as human rights by Indonesia law. One of the best ways is trying to join the outside world in order to attain Economic development for the nation. Exploiting Opportunities of globalized world economy does not mean our sovereignty weakened but rather as an effort to achieve more substantive effort. This can be interpreted as a political commitment from the government - by learning and cooperating with Other States - to be more pragmatic by prioritizing the interests of the people as a form of democracy.

THE ROLE OF INTERNATIONAL LAW AND NATIONAL LAW IN HANDLING MARINE PLASTIC LITTER Andreas Pramudianto
Lampung Journal of International Law Vol. 1 No. 2 (2019)
Publisher : Faculty of Law Universitas Lampung

The spread of marine plastic litter is increasing and dangerous for habitats and marine living such as the discovery of plastic in fish, sea turtles, whale mammals and even seabirds. To suppress and reduce plastic waste in the sea, one of them is to strengthen the role of law both international, regional and national law. The research objective is to analyze international, regional and national law in the perspective of international law sources to deal with marine plastic litter. The research method in this study is an analytical description based on a normative juridical approach. The results of the study show that international law in the perspective of international law sources has attempted to regulate plastic waste in the sea even though it is limited. Handling of marine plastic litter does not yet have comprehensive regulations or regulated separately. In the other hand, national law becomes important in handling at the respective jurisdiction boundaries, although limited in the application of rules due to the existence of national jurisdiction. Provisional conclusions show that international law still has an important role to play especially in relation to marine plastic litter that crosses national borders or outside national jurisdiction.

APPLICATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INTERNATIONAL AND INDONESIA DOMAIN NAMES DISPUTES Dheka Ermelia Putri
Lampung Journal of International Law Vol. 1 No. 1 (2019)
Publisher : Faculty of Law Universitas Lampung

The Online Dispute Resolution has become a breakthrough in the world of law, especially the law of dispute settlement. Online Dispute Resolution is used in several disputes such as e-commerce disputes and domain name. Technically, part of the ODR has been used by Indonesia’s Constitutional Court, where the Indonesian Constitutional Court utilizes video conferencing facilities in listening to witness testimonies and expert opinions. Moreover, PANDI (Pengelola Nama Domain Indonesia) has implemented most of the functions of the ODR in resolving Domain Name disputes in Indonesia like one of the cases that has been resolved, we call as “Netflix.id” Case that is the case of the Netflix Company who has used Netflix’s name as merchandise since 1977. Netflix Company knowing that there is a new domain name that uses the name of the item, namely “Netflix.id” is officially registered and this interferes with the trading of the Netflix Company, with the result that Netflix Company filed a lawsuit to namely removing the “Netflix.id” domain name. This case was resolved without going through a face to face PPND Process (Pedoman Perselisihan Nama Domain) as a legal basis under Indonesian legislation Currently. Online Dispute Resolution has been used by various world organizations including UNCITRAL, European Commission, and WIPO Arbitration and Mediation. PANDI (Pengelola Nama Domain Internet Indonesia) as one of the parties that utilize the online dispute resolution has policies established under existing international regulations. Still, the ODR has been applied in some cases and resulted in binding decisions to the parties.

PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA) Tedy Nopriandi; Risky Fany Ardhiansyah
Lampung Journal of International Law Vol. 2 No. 1 (2020)
Publisher : Faculty of Law Universitas Lampung

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method. The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

REGULATION CONCERNING SEAFARER ON MARITIME LABOR CONVENTION 2006 Thio Haikal Anugerah
Lampung Journal of International Law Vol. 1 No. 2 (2019)
Publisher : Faculty of Law Universitas Lampung

The enactment of Law No. 15 of 2016 which regulates seafarers results in the adoption of the convention in Indonesia. The adoption of the MLC by the ILO was carried out with the aim of protecting seafarers and the shipping industry. The problem is, Indonesia actually has a regulation on Maritime Affairs, namely in Government Regulation Number 7 of 2000. Then, in terms of whether the State of Indonesia then feels the need to participate in ratifying the MLC. This then attracts the authors to examine the related arrangements regarding seafarers contained in MLC convention. Therefore, the formulation of the problem in this study is how is the regulation about Seafarers in the Maritime Labor Convention, 2006?The problem approach used in this study is the statute approach. This study uses secondary data consisting of primary, secondary, and tertiary legal materials. Data analysis was carried out qualitatively. The results of the study show that the framework of the Maritime Labor Convention or MLC is composed of three parts, namely Articles, Regulation and Codes. The arrangements for seafarers in the MLC consist of six parts, namely: seafarers’ rights; minimum requirements to work for seafarers; working conditions; accommodation, recreational facilities, food and catering; health protection, medical care, welfare and social security; compliance and enforcement.

INDONESIA AS NON-PERMANENT MEMBER OF UNITED NATIONS SECURITY COUNCIL, GUARDING THE PEACE AND STABILITY IN ASEAN Afandi Sitamala
Lampung Journal of International Law Vol. 2 No. 2 (2020)
Publisher : Faculty of Law Universitas Lampung

The overall objective underlying the establishment of the UN Security Council was to “save succeeding generations from the scourge of war” (Preamble to the UN Charter) which used as the official campaign by the Indonesia Foreign Ministry, Indonesia stated itself as ‘A True Partner for World Peace’. By that, Indonesia expresses the gravity of its membership by aiming towards ascertaining collaborations between the regional organizations in maintaining stability in the regional area (ASEAN). Indonesia’s goals for bridging UNSC hegemony on the global level and bringing the stability of the ASEAN area is going to be effortful. The challenge of establishing the UN resolution as a legal instrument in municipal law becomes one of the biggest challenges. The two years of tenure also grow into a barrier toward Indonesian contributions. This study aims to analyze Indonesia role as the non-permanent member of UNSC globally and in the ASEAN Region. The final results were presented in a descriptive manner, which gives an overview of how Indonesia’s role in the UNSC, and how Indonesia’s aimed toward synergized ASEAN.

THE URGENCY OF USING DISTINCTIVE SIGNS AT MUARO JAMBI TEMPLE SITE: A REVIEW FROM THE INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE Akbar Kurnia Putra; Bernard Sipahutar; Budi Ardianto
Lampung Journal of International Law Vol. 2 No. 1 (2020)
Publisher : Faculty of Law Universitas Lampung

This article discusses the role of international law in the protection of the Muaro Jambi Temple site as a cultural place. In specific, the authors highlight the regulations to use distinctive signsfor historical and cultural propertyunder the International Humanitarian Law. Even though all Contracting Members should comply with the law, in reality, not all the rules are implemented, such as in Muaro Jambi Temple site.A site is a principal object that passes the historical value of human being as well as scientific information from generation to generation; therefore, is required protection. Using a normative juridical approach, the article analyses the basic problems for not applying distinctive signs at the Muaro Jambi Temple site.

THE ROLE OF THE EUROPEAN UNION IN HANDLING SYRIAN REFUGEES Ria Silviana
Lampung Journal of International Law Vol. 1 No. 1 (2019)
Publisher : Faculty of Law Universitas Lampung

The EU is a European regional organization which was initially formed due to the economic issue. After that, the EU’s focus expanded to the issue of refugees. Nowadays, the EU’s problem of refugees was caused by the phenomenon of the Arab Spring or Arab revolution that occurred in several Arab countries. Including Syria, which is part of this phenomenon. As a result of the rebellion against the Bashar al-Assad government in Syria, then causing humanitarian problems made the Syrian people feel unsafe to live in their own country, so they sought protection in various countries, including going to European countries. They thought that Europe is a safe area and looks better to provide protection for them. But not all of the EU Member States are able and willing to accept the number of refugees that arrived in their country, even though the EU has the regulations regarding refugees protection. So, the EU’s role is needed to handle the Syrian refugees in its Member States.

SOUTHEAST ASIA REGIONAL COOPERATION ON TACKLING MARINE PLASTIC LITTER Febryani Sabatira
Lampung Journal of International Law Vol. 2 No. 2 (2020)
Publisher : Faculty of Law Universitas Lampung

The sea covers 70% of the earth and is the source of livelihood for people all over the world. It is estimated that each year 6-12 million tons of plastic are dumped into the ocean. In the Southeast Asian region, the concentration of marine plastic litter in the ocean has reached a severe level. Six out of the 10 ASEAN countries are listed on the Top 20 of countries ranked by mass of the mismanaged plastic waste. Various legal instruments and supporting programs have been developed. However, the existence of these instruments and programs have not had a significant impact on combating marine plastic litter. This study aims to find out how a regional community can conquer the severe pollution of our oceans. This research uses normative legal analysis with secondary data sources and literature study techniques. The result of the research showed ASEAN initiated the regional cooperation amongst southeast Asia states in combating marine plastic litters as the competent regional organisation that carried out through institutional frameworks and subsidiary working groups, which have enacted two regional soft-law instruments, namely the Bangkok Declaration on Marine Debris and the ASEAN Framework for Action on Marine Debris.

LEGAL PROTECTION OF PRIVACY DATA THROUGH ENCRYPTION TECHNOLOGY Thania Christy Corne
Lampung Journal of International Law Vol. 1 No. 2 (2019)
Publisher : Faculty of Law Universitas Lampung

Technological developments in the era of globalization bring humans into the digital age. All things will directly contact with an electronic system. And so with the data, some of the data among this world is privacy. That’s why encryption is needed to be applied. Initially, encryption was used as a privacy data protector, but in its development encryption gave birth to problems in the legal field. Where criminals use encryption as a shield for their crimes. Therefore, legal issues arise, whether for reasons of government or state security can have access to one’s privacy data. How does international or national law regulate the issue of using decryption of encryption technology? The method used in this paper is a juridical-normative comparative legal research method.The result shows that international law does not regulate the use of encryption in protecting privacy data in the digital world comprehensively because some of the countries claim that the use of encryption is a part of human right, on the other hands some country has another vision on national security.

Page 2 of 5 | Total Record : 47

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Contact Name
Dr. Rudi Natamihardja, S.H.,DEA

Contact Email
rudi.natamiharja@fh.unila.ac.id

Phone
+6281388420240

Journal Mail Official
lajil@fh.unila.ac.id

Editorial Address
Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Prof. Soemantri Brojonegoro, Gedong Meneng, Bandar Lampung

Location
Kota bandar lampung,

Lampung

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dr. Rudi Natamihardja, S.H.,DEA

Contact Email rudi.natamiharja@fh.unila.ac.id

Phone +6281388420240

Journal Mail Official lajil@fh.unila.ac.id

Editorial Address Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Prof. Soemantri Brojonegoro, Gedong Meneng, Bandar Lampung

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

Contact Name
Dr. Rudi Natamihardja, S.H.,DEA

Contact Email
rudi.natamiharja@fh.unila.ac.id

Phone
+6281388420240

Journal Mail Official
lajil@fh.unila.ac.id

Editorial Address
Gedung B, Fakultas Hukum, Universitas Lampung. Jl. Prof. Soemantri Brojonegoro, Gedong Meneng, Bandar Lampung

Location
Kota bandar lampung,

Lampung

INDONESIA