Pub Date : 2024-05-07DOI: 10.25041/lajil.v6i1.3312
Naek Siregar, Ahmad Syofyan, Melly Aida, Eunike Christine Kyrieleison4
Space technology has developed as a result of technology’s quick advancement. It is important to give attention to the development of space technology. This paper describes the regulation of sensitive space technology in ASEAN countries, which is made through a comparison table. Space-sensitive technology is advanced for conducting space activities, so it is prestigious for each country. Unlimited space makes it necessary to regulate the implementation of space activities. In general, the regulation of space activities is formed in international law. In particular, the regulation of space activities is formed in the national law of each country that has carried out space activities. The research methodology used is descriptive qualitative, with data sources from literature studies. The purpose of writing this research is to find out and compare how the regulation of sensitive technology of space activities in ASEAN countries can be a reference or reference for Indonesia in preparing national regulations on sensitive technology of space. The results showed that the comparison of sensitive technology arrangements in ASEAN countries is that Indonesia already has a Space Act that regulates the space sector. Malaysia has a Space Act and Space Regulations that regulate space activities. Singapore does not yet have a specific law governing sensitive space technology; however, the government adheres to this law.
{"title":"ASEAN REGULATION OF SENSITIVE SPACE TECHNOLOGIES IN COMPARATIVE PERSPECTIVE","authors":"Naek Siregar, Ahmad Syofyan, Melly Aida, Eunike Christine Kyrieleison4","doi":"10.25041/lajil.v6i1.3312","DOIUrl":"https://doi.org/10.25041/lajil.v6i1.3312","url":null,"abstract":"Space technology has developed as a result of technology’s quick advancement. It is important to give attention to the development of space technology. This paper describes the regulation of sensitive space technology in ASEAN countries, which is made through a comparison table. Space-sensitive technology is advanced for conducting space activities, so it is prestigious for each country. Unlimited space makes it necessary to regulate the implementation of space activities. In general, the regulation of space activities is formed in international law. In particular, the regulation of space activities is formed in the national law of each country that has carried out space activities. The research methodology used is descriptive qualitative, with data sources from literature studies. The purpose of writing this research is to find out and compare how the regulation of sensitive technology of space activities in ASEAN countries can be a reference or reference for Indonesia in preparing national regulations on sensitive technology of space. The results showed that the comparison of sensitive technology arrangements in ASEAN countries is that Indonesia already has a Space Act that regulates the space sector. Malaysia has a Space Act and Space Regulations that regulate space activities. Singapore does not yet have a specific law governing sensitive space technology; however, the government adheres to this law.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141001789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-20DOI: 10.25041/lajil.v5i2.3206
Annas Rasid Musthafa, Satriya Aldi Putrazta, A’an Efendi
Protection of Intellectual Property Rights(IPR) in the industrial world is an urgency for companies to maintain popularity in the general public, Especially on the use of trademarks that greatly affect consumer perceptions. One of the problems in trademark protection is the existence of dispute resolution through court under a supranational organization, namely The Court of Justice of The EU(CJEU), which adjudicates foreign companies originating from non-EU countries. The case is a trademark dispute between China Construction Bank Corp from China and Groupement des cartes bancaires from France.The purpose of this study is to determine the authority and legitimacy as well as the application of justice through The CJEU in resolving disputes of foreign companies. This research was a normative legal research method, which applied to statue approach, case study research, and library research. Based on the results of the research, the authority and legitimacy of The CJEU in resolving disputes with foreign companies has been regulated in the Maastricht treaty and the submission of foreign companies is also related to the opposing party which is a company flagged by a member state of the EU. The use of the CJEU in resolving disputes requires parties to maximize all judicial remedies available at the national level first before proceeding to the international level.
{"title":"Legitimacy of The CJEU In the Settlement of Trade Mark Disputes of Non-European Union Foreign Companies: A Case Study","authors":"Annas Rasid Musthafa, Satriya Aldi Putrazta, A’an Efendi","doi":"10.25041/lajil.v5i2.3206","DOIUrl":"https://doi.org/10.25041/lajil.v5i2.3206","url":null,"abstract":"Protection of Intellectual Property Rights(IPR) in the industrial world is an urgency for companies to maintain popularity in the general public, Especially on the use of trademarks that greatly affect consumer perceptions. One of the problems in trademark protection is the existence of dispute resolution through court under a supranational organization, namely The Court of Justice of The EU(CJEU), which adjudicates foreign companies originating from non-EU countries. The case is a trademark dispute between China Construction Bank Corp from China and Groupement des cartes bancaires from France.The purpose of this study is to determine the authority and legitimacy as well as the application of justice through The CJEU in resolving disputes of foreign companies. This research was a normative legal research method, which applied to statue approach, case study research, and library research. Based on the results of the research, the authority and legitimacy of The CJEU in resolving disputes with foreign companies has been regulated in the Maastricht treaty and the submission of foreign companies is also related to the opposing party which is a company flagged by a member state of the EU. The use of the CJEU in resolving disputes requires parties to maximize all judicial remedies available at the national level first before proceeding to the international level.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138955753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-15DOI: 10.25041/lajil.v5i2.2946
P. Amarasinghe
The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law.
{"title":"PORTUGUESE IMPERIAL BUILDING IN THE KOTTE KINGDOM OF SRI LANKA AS A REFLECTION OF 16TH CENTURY INTERNATIONAL LAW","authors":"P. Amarasinghe","doi":"10.25041/lajil.v5i2.2946","DOIUrl":"https://doi.org/10.25041/lajil.v5i2.2946","url":null,"abstract":"The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-13DOI: 10.25041/lajil.v5i2.3258
Ikbal Ikbal, Gabriella Almasari Datuan
The importance of legal aid in creating justice in the context of fulfilling human rights certainly makes the obligation to provide legal aid by both the central and regional governments is important to be implemented. In terms of practical aspect, it has so far shown that people. Especially those who are unable to access justice, legal aid is still inadequate. Legal aid activities carried out by legal aid activists, from campus legal aid institutions, mass organizations, political parties, and non-governmental organizations are still not optimal, due to administrative problems and the legalization of legal aid practices. This research is very important, considering the enormous benefits that come with it are not only visible when the implementation of legal assistance to the community is unable to be carried out effectively, but also in the form of a new legal perspective and reform regarding equal distribution of justice.
{"title":"RIGHT TO LEGAL ASSISTANCE FOR COMMUNITIES UNABLE TO OBTAIN JUSTICE ACCORDING TO HUMAN RIGHTS PERSPECTIVE","authors":"Ikbal Ikbal, Gabriella Almasari Datuan","doi":"10.25041/lajil.v5i2.3258","DOIUrl":"https://doi.org/10.25041/lajil.v5i2.3258","url":null,"abstract":"The importance of legal aid in creating justice in the context of fulfilling human rights certainly makes the obligation to provide legal aid by both the central and regional governments is important to be implemented. In terms of practical aspect, it has so far shown that people. Especially those who are unable to access justice, legal aid is still inadequate. Legal aid activities carried out by legal aid activists, from campus legal aid institutions, mass organizations, political parties, and non-governmental organizations are still not optimal, due to administrative problems and the legalization of legal aid practices. This research is very important, considering the enormous benefits that come with it are not only visible when the implementation of legal assistance to the community is unable to be carried out effectively, but also in the form of a new legal perspective and reform regarding equal distribution of justice.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139004586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-31DOI: 10.25041/lajil.v5i2.3054
Khoirur Rizal Lutfi
China's unilateral claim to an area in the South China Sea, which it calls the nine-dash line, the traditional fishing ground, has triggered boundary conflicts in border countries. In this context, Indonesia calls the area that intersects the North Natuna Sea based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This difference in perception is alarming to the international relations between the two countries. This paper aims to analyze how international law views the position of political and cultural boundaries as the basis for claims to an area. This way, dispute resolution with a win-win solution perspective can be formulated in the South China Sea case. The analysis results show that political and cultural boundaries have justification and legitimacy based on international law. Political boundaries emphasize the State's commitment to translating agreements into international treaties bilaterally, regionally, or universally. In contrast, cultural boundaries still require an inventory of the evidence that China's claim is based on, whose legitimacy process must be based on a decision-making institution. However, any legal process will be challenging if the cultural approach is not completed. Apart from that, the essential thing in resolving the South China Sea conflict is the commitment of the State's compliance to international agreements made, decisions of dispute resolution institutions, and settlement steps through a cultural approach.
中国单方面宣称拥有南中国海(South China Sea，中国称其为“九段线”)一片地区的主权，这一传统渔场引发了边境国家的边界冲突。在这方面，印度尼西亚根据1982年《联合国海洋法公约》(《公约》)称与北纳土纳海相交的地区为北纳土纳海。这种认知上的差异给两国的国际关系敲响了警钟。本文旨在分析国际法如何看待政治和文化边界的地位作为对一个地区主张的基础。这样，就可以在南海问题上形成一种双赢的争端解决方式。分析结果表明，基于国际法，政治和文化边界具有正当性和正当性。政治边界强调国家将协定转化为双边、区域或普遍国际条约的承诺。相比之下，文化边界仍然需要中国主张所依据的证据清单，其合法性过程必须建立在决策机构的基础上。然而，如果文化方法没有完成，任何法律程序都将具有挑战性。除此之外，解决南海冲突的关键是国家承诺遵守国际协议、争端解决机构的决定以及通过文化途径解决争端的步骤。
{"title":"Political and Cultural Boundaries in the Conflict between Indonesia and China in the South China Sea","authors":"Khoirur Rizal Lutfi","doi":"10.25041/lajil.v5i2.3054","DOIUrl":"https://doi.org/10.25041/lajil.v5i2.3054","url":null,"abstract":"China's unilateral claim to an area in the South China Sea, which it calls the nine-dash line, the traditional fishing ground, has triggered boundary conflicts in border countries. In this context, Indonesia calls the area that intersects the North Natuna Sea based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This difference in perception is alarming to the international relations between the two countries. This paper aims to analyze how international law views the position of political and cultural boundaries as the basis for claims to an area. This way, dispute resolution with a win-win solution perspective can be formulated in the South China Sea case. The analysis results show that political and cultural boundaries have justification and legitimacy based on international law. Political boundaries emphasize the State's commitment to translating agreements into international treaties bilaterally, regionally, or universally. In contrast, cultural boundaries still require an inventory of the evidence that China's claim is based on, whose legitimacy process must be based on a decision-making institution. However, any legal process will be challenging if the cultural approach is not completed. Apart from that, the essential thing in resolving the South China Sea conflict is the commitment of the State's compliance to international agreements made, decisions of dispute resolution institutions, and settlement steps through a cultural approach.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135871233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.25041/lajil.v5i2.3030
Ousu Mendy
In spite of the commitment of the international community to the protection of human rights, equality before the law still remains a global problem. This research focuses on the problem of discrimination as a worldwide issue imposed on society. The aim of this research is to present a global perspective on the current threat of discrimination as a paradigm shift from equality before the law as a universal principle articulated in Universal Declaration of Human Rights which is the principal human rights instrument. A normative research method is used in this work with extensive theoretical approach. In this method, secondary data like journal articles, books and international conventions are used to support the basis of this research. This research finds that, for some time now, democracy experiences setback by different factors such governance in the forms of autocracy, and unconstitutional change of governments through of coup d' état. The impact of discrimination on equality before the law as a rule of law in modern governance is as topical as it is ever destructive. Women also have made significant progress in many areas over time in places where discrimination is low, including closing some gender gaps. The load of adversity is shared between men and women in our troubled world in a very unequal manner, nevertheless.
{"title":"Discrimination as a Global Paradigm: United Kingdom and United States of America in Focus","authors":"Ousu Mendy","doi":"10.25041/lajil.v5i2.3030","DOIUrl":"https://doi.org/10.25041/lajil.v5i2.3030","url":null,"abstract":"In spite of the commitment of the international community to the protection of human rights, equality before the law still remains a global problem. This research focuses on the problem of discrimination as a worldwide issue imposed on society. The aim of this research is to present a global perspective on the current threat of discrimination as a paradigm shift from equality before the law as a universal principle articulated in Universal Declaration of Human Rights which is the principal human rights instrument. A normative research method is used in this work with extensive theoretical approach. In this method, secondary data like journal articles, books and international conventions are used to support the basis of this research. This research finds that, for some time now, democracy experiences setback by different factors such governance in the forms of autocracy, and unconstitutional change of governments through of coup d' état. The impact of discrimination on equality before the law as a rule of law in modern governance is as topical as it is ever destructive. Women also have made significant progress in many areas over time in places where discrimination is low, including closing some gender gaps. The load of adversity is shared between men and women in our troubled world in a very unequal manner, nevertheless.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136060752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.25041/lajil.v5i1.2917
Ni Nengah Adiyaryani, I. P. R. Arsha Putra
Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.
{"title":"Transnational Smuggling of Migrant Workers from International Law Perspective","authors":"Ni Nengah Adiyaryani, I. P. R. Arsha Putra","doi":"10.25041/lajil.v5i1.2917","DOIUrl":"https://doi.org/10.25041/lajil.v5i1.2917","url":null,"abstract":"Migrant worker smuggling is a transnational organized crime that harms countries of origin, transit, and destination countries. The smuggling of migrant workers in Southeast Asia, from Southeast Asia and heading to Southeast Asia is largely due to economic factors that cause the Immigration of workers to more economically advanced countries. Weak regulations and restrictions on border control and law enforcement also exacerbate this. The scope of this research regards international legal provisions related to migrant worker smuggling as an organized transnational crime and the legal obligations of each country, which becomes the object of migrant worker smuggling against smuggling based on an international legal perspective. This type of research uses a case approach and statutory normative legal research. Primary, secondary, and tertiary legal materials were used as legal material, then compiled for analysis to answer legal problems. The results of the research, which are findings related to the legal provisions of migrant worker smuggling as a transnational organized crime, are the United Nations conventions ratified by United Nations members, one of which is the United Nations Convention Against Transnational Organized Crime (UNCATOC). Migrant workers are carrying out cooperation capacity building along the smuggling route to sharpen data to obtain a more accurate picture of the situation at home, in the region, and globally.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43353951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.25041/lajil.v5i1.2868
V. G. Yatani
In Indonesia, The Presidential Regulation No. 125 of 2016 concerning the management of asylum seekers, signed by President Joko Widodo on the last day of 2016, formalizes the role of sub-national units in refugee management, including the provision of appropriate, non-custodial accommodation. While in Kenya, the recently enacted Refugee Act of 2021 alludes to the engagement of the County Governments in Refugee protection. Within the context of the legal framework of these two countries, this article analyses the place of refugees in a multi-layered governance system through a comparative appraisal of local government structures in the selected States. The Article compares forms of decentralization adopted in these two refugee-hosting countries with the primary aim of establishing local government formation responsive to asylum seekers' plight. The research finds a novelty that involving local governments in refugee protection is a crucial step toward the effective and sustainable management of displaced populations. However, for it to be effective, it must be supported by adequate resources, clear guidelines, and a strong institutional capacity.
{"title":"Refugee Protection in Multi-level Governance Regimes: A Case for Kenya and Indonesia","authors":"V. G. Yatani","doi":"10.25041/lajil.v5i1.2868","DOIUrl":"https://doi.org/10.25041/lajil.v5i1.2868","url":null,"abstract":"In Indonesia, The Presidential Regulation No. 125 of 2016 concerning the management of asylum seekers, signed by President Joko Widodo on the last day of 2016, formalizes the role of sub-national units in refugee management, including the provision of appropriate, non-custodial accommodation. While in Kenya, the recently enacted Refugee Act of 2021 alludes to the engagement of the County Governments in Refugee protection. Within the context of the legal framework of these two countries, this article analyses the place of refugees in a multi-layered governance system through a comparative appraisal of local government structures in the selected States. The Article compares forms of decentralization adopted in these two refugee-hosting countries with the primary aim of establishing local government formation responsive to asylum seekers' plight. The research finds a novelty that involving local governments in refugee protection is a crucial step toward the effective and sustainable management of displaced populations. However, for it to be effective, it must be supported by adequate resources, clear guidelines, and a strong institutional capacity.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44083332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-17DOI: 10.25041/lajil.v5i1.2895
M. Kadir, Dara Rizki Fadillah
This article investigates the implementation of human rights protection for persons with a mental disability who are being shackled and its challenges in Indonesia. Using a doctrinal and empirical approach, this article found that laws and regulations concerning persons with mental disabilities are yet not fully in line with international human rights law, and governments’ efforts to free persons with mental disabilities from shackling eventually have succeeded in reducing the number of shackling cases, however, have not been fully effective. Other obstacles in their community and family, such as stigma, discrimination, and lack of public knowledge about mental health, can hinder fulfilling the rights of persons with mental disabilities. It is recommended to revise articles or laws and regulations which infringe international law and scale up efforts, whether in funds allocation or human resources, facilities, and access to affordable, adequate rights-based mental health services.
{"title":"Shackling Persons with Mental Disability in International Human Rights Law and its Implementation in Indonesia","authors":"M. Kadir, Dara Rizki Fadillah","doi":"10.25041/lajil.v5i1.2895","DOIUrl":"https://doi.org/10.25041/lajil.v5i1.2895","url":null,"abstract":"This article investigates the implementation of human rights protection for persons with a mental disability who are being shackled and its challenges in Indonesia. Using a doctrinal and empirical approach, this article found that laws and regulations concerning persons with mental disabilities are yet not fully in line with international human rights law, and governments’ efforts to free persons with mental disabilities from shackling eventually have succeeded in reducing the number of shackling cases, however, have not been fully effective. Other obstacles in their community and family, such as stigma, discrimination, and lack of public knowledge about mental health, can hinder fulfilling the rights of persons with mental disabilities. It is recommended to revise articles or laws and regulations which infringe international law and scale up efforts, whether in funds allocation or human resources, facilities, and access to affordable, adequate rights-based mental health services.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47386416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-31DOI: 10.25041/lajil.v5i1.2717
Rusmuliadi Rusmuliadi
The problem in the South China Sea is becoming increasingly complex because other parties outside the claimant country also fight for their regional interests. The other party was later called a non-claimant state in the South China Sea area. The main purpose of these non-claimant states is to ensure that international law of the sea is enforced in any part of the sea on the planet. The main reason is to ensure safety and freedom to cross this route, the main sea route for transporting various goods and commodities with high economic value. In general, these non-claimant states oppose China's actions that do not follow the agreed UNCLOS. The juridical normative research methods with literature studies present the legal basis for the actions of non-claimant states in the South China Sea region. This study describes the basis of international law as well as the interests and policies of non-claimant states such as Indonesia, the USA, the UK, Australia, the EU, Japan, and India over the South China Sea region, which is most active in showing their attention to the dynamics in the South China Sea.
{"title":"Non-Claimant States Perspectives On The South China Sea Dispute","authors":"Rusmuliadi Rusmuliadi","doi":"10.25041/lajil.v5i1.2717","DOIUrl":"https://doi.org/10.25041/lajil.v5i1.2717","url":null,"abstract":"The problem in the South China Sea is becoming increasingly complex because other parties outside the claimant country also fight for their regional interests. The other party was later called a non-claimant state in the South China Sea area. The main purpose of these non-claimant states is to ensure that international law of the sea is enforced in any part of the sea on the planet. The main reason is to ensure safety and freedom to cross this route, the main sea route for transporting various goods and commodities with high economic value. In general, these non-claimant states oppose China's actions that do not follow the agreed UNCLOS. The juridical normative research methods with literature studies present the legal basis for the actions of non-claimant states in the South China Sea region. This study describes the basis of international law as well as the interests and policies of non-claimant states such as Indonesia, the USA, the UK, Australia, the EU, Japan, and India over the South China Sea region, which is most active in showing their attention to the dynamics in the South China Sea.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49020891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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