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Contact Name
Akbar Kurnia
Contact Email
akbarkurnia@unja.ac.id
Phone
+6282111131311
Journal Mail Official
uti_possidetis@unja.ac.id
Editorial Address
Universitas Jambi, Faculty of Law Jl. Lintas Jambi - Ma. Bulian KM. 15, Mendalo Darat, Jambi Luar Kota, Muaro Jambi, Jambi, Indonesia 36122
Location
Kota jambi,
Jambi
INDONESIA
Uti Possidetis: Journal of International Law
Published by Universitas Jambi
ISSN : 27218031     EISSN : 27218333     DOI : https://doi.org/10.36565/up
Core Subject : Social,
Uti Possidetis: Journal of International Law is a peer-reviewed journal published by the Faculty of Law Universitas Jambi. It aims primarily to compile innovative research in the studies of International Law, facilitates professional discussion of the current developmnetas on international legal issues and is intended to build the interest of Indonesian scholars and decision makers on the important roles of International Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
Sengketa Wilayah Zona Ekonomi Eksklusif Indonesia (Studi Kasus Klaim Cina Atas Laut Natuna Utara) Ardila, Ririn; Kurnia Putra, ak
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i3.10895

Abstract

Abstract Natuna Utara Sea is the Exclusive Economic Zone of Indonesia which is located in the Riau Islands Province, namely Natuna District. the emergence of territorial dispute in the Natuna Utara Sea due to Cina's claim on to nine-dash line. This research discusses whether Cina's claim of the nine-dash line over the North Natuna Sea complies with the 1982 UNCLOS provisions and examines Indonesia's attitude towards Cina's claims in the North Natuna Sea. The type of research used is Normative with statue approach, historical approach, and case law approach. The results of the study conclude that Cina's claims on the nine-dash line against theNatuna Utara Sea are contradictory and irrelevant according to UNCLOS 1982 and Indonesia considers that Indonesia does not have any disputes with Cina.
Stateless Person dalam tinjauan Hukum Nasional dan Hukum Internasional di Indonesia Khalid, Fadjri; Ardianto, Budi
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i3.10873

Abstract

This study aims to determine how stateless persons are regulated based on international legal instruments and national legal instruments in Indonesia. Indonesia, which is affected by globalization due to the incessant promotion of tourism, has regulations on the traffic of foreigners through Law Number 6 of 2011 concerning Immigracy and on the other hand Indonesia does not recognize the existence of Stateless Persons which is different from the regulations as stated in the Convention Relating To The Status of Stateless Persons 1954. This study aims to find out that the current regulation regarding stateless persons in Indonesia has not been specifically regulated. Although Indonesia has ratified the International Covenant on Civil and Political Rights. This shows that Indonesia has not strictly regulated and in its handling of stateless people tends to be slow which results in detention exceeding the specified threshold. As for the formulation of the problem raised, namely how to regulate Stateless People in International Law and in Indonesian immigration law and the legal consequences obtained. The research method used is a normative type by means of literature study. The results of this study indicate that the arrangement for Stateless Persons in the international sphere is different from that in Indonesia because there are no strict regulations regarding this matter.
Tanggung Jawab Iran Terhadap Penembakan Pesawat Sipil Ukraina Ditinjau Dari Hukum Udara Internasionali Hasibuan, Nabila; Kusniati, Retno
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i3.10834

Abstract

Abstract The purpose of this research were to find out and analyze Iran’s responsibility for shooting Ukrainia’s civil aircraft in international air law. The problem that will be discussed is the regulation in international law about the state’s obligation for manage civil aviation safety that trough their territory and Iran’s responsibility for shooting Ukrainia’s civil aircraft in international law. The type that used for this research is normative legal research, the approach in this study is law approach, case approach and historical approach, the sources of legal material used are primary, secondary, and tertiary legal materials. The result of the study show that (1) states whose its airspace passed by civil aircraft must guarantee the aircaft safety in a way regulate the prohibited area if something happen in the territory and the aircraft cant pass through and with a great air navigation civil aircraft safety and security can be guaranteed well. (2) Iran must take full responsibility of this shooting because Iran did not regulate the prohibited area during the conflict. In the future, it is necessary to emphasize the state’s responbility for the route for internationl civil aviation and cooperate with other parties so that safety and security on international aviation can be achhieved.
Pengaturan Aspek Lingkungan Hidup dalam Perdagangan Internasional Berdasarkan GATT-WTO Gustira, Zevia; Kusniati, Retno
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i2.10717

Abstract

International trade, in the era of globalization, is a method taken by state leaders to fulfill their domestic needs. The inability of a country to meet this need, interests often friction. It is not uncommon for the State to take action that can harm other countries. Excessive exploitation of domestic natural resources, international awareness in the sustainability of natural resources, about protecting resources and even creating sustainability to enjoy these natural resources. The seriousness of the international world can also be seen from the steps taken by world leaders, the format of changing GATT which only pays attention to the protection of its member countries in conducting international trade with other countries can be protected, as well as members of developing countries and poor countries. The next development of awareness that the environment could be threatened by exploitation, it was the WTO that was formed to perfect GATT International trade, in the era of globalization, is a method taken by state leaders to fulfill their domestic needs. The inability of a country to meet this need, interests often friction. It is not uncommon for the State to take action that can harm other countries. Excessive exploitation of domestic natural resources, international awareness in the sustainability of natural resources, about protecting resources and even creating sustainability to enjoy these natural resources. The seriousness of the international world can also be seen from the steps taken by world leaders, the format of changing GATT which only pays attention to the protection of its member countries in conducting international trade with other countries can be protected, as well as members of developing countries and poor countries. The next development of awareness that the environment could be threatened by exploitation, it was the WTO that was formed to perfect GATT.
Analisis Putusan Permanent Court of Arbitration Terhadap Klaim Nine Dash Line: Studi Kasus Klaim Wilayah Natuna Utara Maulana, Febriyansyah Rahmat; Repindowaty, Rahayu
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i2.10452

Abstract

The purpose of this research is to analyze the judgment of Permanent Court of Arbitration on China’s Nine Dash Line claim and Indonesia’s best strategies to resolve the claim of territory in Natuna Sea. In this study, qualitive methodes are used by taking various data and the source of the data to be verified. This research contains Chinese claim of “Nine Dash Line” in the Natuna Islands which overlaps with the Indonesian Exclusive Economic Zone (EEZ). This China’s claim of “Nine Dash Line” has been protracted for several years and is a serious problem in the region of South China Sea. In the conflict, researches revealed that Indonesia has various plans, efforts and attitudes so that territory of the Republic Indonesia is maintaned. The ruling of Permanent Court of Arbitration says that China’s claim of “Nine Dash Line” are refutable and have no legal basis. But, china is rejects the ruling and still aggressive in the South Chine Sea which has potential to make instability in the region of South China Sea. The result of this study will show that the disputing state parties must implement and respect the ruling because it has became a source of international law. The ruling also has influence in dealing with chinese aggressiveness and regulation of maritime’s claim in the region of South China Sea.
Implikasi Pencegahan Dumping Sebagai Unfair Trade Practices Terhadap Negara Berkembang Trisnawati, Eunike; Farisi, Mochammad; Yusra Pebrianto, Doni
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i3.10180

Abstract

Abstract Dumping is a trade activity by the exporter do by selling commodity in international markets at a price less than normal value or under than commodity price in the importer countries. until this cause problem as unfair trade practices. Some dumping prevention polices born to protect domestic market from unfair trade practices. However that polices often misused, not uncommon developed countries doing the protection for their domestic industry. In trade who abused can trigger unfair  trade practices. This type of research is normative juridical. This study  discusses and analyze how impact of application Article VI of Agreement on tariff and trade in preventing dumping dictionary, dumping in value as unfair trade practices, but in reality Anti-dumping and protectionism practice towards developing countries shows that application of anti-dumping duties and protectionism need to be given special attention and must match with procedures contained in Anti-dumping code. This has purpose to reduce protection measures which can be harmful to other countries who do export activities especially developing countries. World organization need towatch over trade activities against all forms resistance who created unfair trade practices by considering policies which already existed.
Peran Perempuan dalam Misi Pemeliharaan Perdamaian dan Keamanan Internasional Hasan, Nurul Istiana; Kurnia Putra, Akbar
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/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.  
Pengaruh Penerapan Ketentuan Special and Differential Treatment dalam World Trade Organization Terhadap Pembangunan dan Perdagangan Internasional Hasanie, Annisa; Sipahutar, Bernard
Uti Possidetis: Journal of International Law Vol 1 No 3 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i3.10035

Abstract

Abstract Globalization and liberalization have caused many economic actors from developing countries to be eliminated because they cannot compete with economic actors from developed countries. Developing countries are increasingly dependent on developed countries and international economic institutions such as the IMF and World Bank. The World Trade Organization as a world trade organization pays special attention to the interests of developing countries through the provisions of Special and Differential Treatment (S&D). Developing countries under certain conditions can be given special treatment that is more beneficial in their trade relations with developed countries. However, the provisions of S&D to date are still unfair and have a significant impact on the development progress of developing countries as expected. If seen based on MDGs Report data, many developing countries are still in a low level of economic prosperity.
Pulau Hilang: Wilayah Teritorial Berkurang? Ersya, Deramadana; Novianti
Uti Possidetis: Journal of International Law Vol 1 No 2 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i2.9936

Abstract

Global warming becomes as an inevitable issue. This phenomenon has an impact on all aspects of life. One of the impacts is the rise in sea level which can cause the sinking of an island. The study discussed the effect that global warming will have on national borders at the UNCLOS 1982 and that new international policies will be needed to deal with the effects of global warming on country areas. This type of research was normatif yuridis, which sourced in secondary data. By taking several approaches, the approach of legislation (approach approach) and the case approach (case approach). Based on the study, the 1982 sea law convention asa rule in imposing maritime limits has not been able to answer the question of the sea's level rise and impact on the region's capital.
Personalitas Perusahaan Multinasional dalam Hukum Internasional Syukri, Syukri; Kusniati, Retno
Uti Possidetis: Journal of International Law Vol 1 No 1 (2020)
Publisher : Hukum Internasional Fakultas Hukum Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36565/up.v1i1.8572

Abstract

This article aims to find out and analyze the personality and responsibilities of multinational cooperation in international law. The type of research is normative studies by using statutory, conceptual and historical approaches. It is shown that the personality of multinational cooperation in international law is limited as a quasi subject of international law, which is applied in the context of: 1) party in the settlement of international disputes, limited to the cases of investment disputes through, international arbitration; and 2) party in the drafting of investment contracts using the principles of international trade law, in particular the principles of National Treatment and Most Favored Nations. The responsibilities of multinational cooperation in international law are based on soft law provisions yet applied through host country as the intermediary actor by the regulation in national legal provisions.

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