Pub Date : 2022-06-30DOI: 10.25041/lajil.v3i2.2104
Dimas Zakaria, Danang Faturrachman Dwicahyo
This research explores how internet access restrictions lead to press freedom violations and how national and international law view restrictions on internet access in the status quo. This research is a normative juridical study analyzed using descriptive-analytical methods, then conveyed using a descriptive-analytical approach to make it easier to conclude. These research findings show that refers to both international law and positive Indonesian law, the government's efforts to prevent the spread of fake news and incitement are correct. Still, the government's policies to restrict internet access in Papua and West Papua are wrong because they have recorded procedures and are against the law. This research concludes that the hate speech that occurred in Surabaya against Papuan students has resulted in riots in Papua and West Papua. In dealing with the spread of fake news and incitement related to this incident, the government has committed violations of press freedom because the Indonesian government's efforts are procedural and contrary to national or international law.
{"title":"INTERNET ACCESS RESTRICTIONS IN PAPUA; GOVERNMENT POLICY AND PRESS FREEDOM VIOLATIONS","authors":"Dimas Zakaria, Danang Faturrachman Dwicahyo","doi":"10.25041/lajil.v3i2.2104","DOIUrl":"https://doi.org/10.25041/lajil.v3i2.2104","url":null,"abstract":"This research explores how internet access restrictions lead to press freedom violations and how national and international law view restrictions on internet access in the status quo. This research is a normative juridical study analyzed using descriptive-analytical methods, then conveyed using a descriptive-analytical approach to make it easier to conclude. These research findings show that refers to both international law and positive Indonesian law, the government's efforts to prevent the spread of fake news and incitement are correct. Still, the government's policies to restrict internet access in Papua and West Papua are wrong because they have recorded procedures and are against the law. This research concludes that the hate speech that occurred in Surabaya against Papuan students has resulted in riots in Papua and West Papua. In dealing with the spread of fake news and incitement related to this incident, the government has committed violations of press freedom because the Indonesian government's efforts are procedural and contrary to national or international law.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45986275","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 : 2021-11-01DOI: 10.25041/lajil.v3i2.2366
Y. Marpi
Manpower is the driving force of an activity that can determine the implementation of manpower through the available manpower, which is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Problems that occur to Indonesian migrant workers abroad occur cases, abuse and discrimination occur, such as cases of sexual harassment, cases involving convictions of migrant workers, cases of unpaid wages, to cases of unilateral termination of employment. This research uses normative juridical research methods and is legally supported by socio descriptive analysis employing primary, secondary, and tertiary data. The purpose of this research is that the placement of Indonesian workers abroad is one of the State's efforts to realize the same rights and obligations for workers to improve their standard of living. The study results show that the protection of migrant workers needs to be affirmed with certainty against the regulation of Law Number 18 of 2017. The aim is to guarantee Indonesian Migrant Workers and their families in realizing guaranteed fulfillment of their rights in all activities before working, during work, and after working in legal, economic aspects, and social. The role of state diplomacy is needed in protecting and fulfilling the rights of migrant workers because this condition involves relations between countries, as people who have no choice of provider for life, workers. Therefore the role of the State must be very spearheading in providing legal protection to migrant workers because their status is minimal. The research analysis results to realize the implementation of international and national legal instruments from Indonesia need to be optimized through diplomacy from those with interest so that protection is said to be effective and optimal.
{"title":"LEGAL PROTECTION OF MIGRANT WORKERS AGAINST THREATS OF ABUSE DISCRIMINATION IN A DIPLOMATIC RELATIONSHIP PERSPECTIVE BETWEEN COUNTRIES","authors":"Y. Marpi","doi":"10.25041/lajil.v3i2.2366","DOIUrl":"https://doi.org/10.25041/lajil.v3i2.2366","url":null,"abstract":"Manpower is the driving force of an activity that can determine the implementation of manpower through the available manpower, which is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Problems that occur to Indonesian migrant workers abroad occur cases, abuse and discrimination occur, such as cases of sexual harassment, cases involving convictions of migrant workers, cases of unpaid wages, to cases of unilateral termination of employment. This research uses normative juridical research methods and is legally supported by socio descriptive analysis employing primary, secondary, and tertiary data. The purpose of this research is that the placement of Indonesian workers abroad is one of the State's efforts to realize the same rights and obligations for workers to improve their standard of living. The study results show that the protection of migrant workers needs to be affirmed with certainty against the regulation of Law Number 18 of 2017. The aim is to guarantee Indonesian Migrant Workers and their families in realizing guaranteed fulfillment of their rights in all activities before working, during work, and after working in legal, economic aspects, and social. The role of state diplomacy is needed in protecting and fulfilling the rights of migrant workers because this condition involves relations between countries, as people who have no choice of provider for life, workers. Therefore the role of the State must be very spearheading in providing legal protection to migrant workers because their status is minimal. The research analysis results to realize the implementation of international and national legal instruments from Indonesia need to be optimized through diplomacy from those with interest so that protection is said to be effective and optimal.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44872824","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 : 2021-11-01DOI: 10.25041/lajil.v3i2.2367
Muhammad Risnain
The concept of an archipelagic province in law number 23 of 2014 is interesting, especially international law of the sea and Indonesian national law. This research is due to the concept of an archipelagic State's special treatment, which is a concept derived from the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This research accommodates the state's interests with special conditions for States that are geographical, social, political, and economic conditions by fulfilling the 1982 UNCLOS. The state is a subject of the international, but the archipelagic province receives special treatment from the central government in DAU and DAK. The problem in this research is how the concept of an archipelagic province and state is based on national and international law? The research method used is normative juridical research based on the applicable laws and regulations. The analysis is carried out using a descriptive method that explains the concept of an archipelagic province and state from the perspective of national and international law. The archipelagic state's international and national law concept cannot be applied to mutatis mutandis. The criteria for an archipelagic state as an intrinsic geographical, economic, defense and security, and political unit have historically been regarded as such. The 1982 UNCLOS and national laws cannot be applied in determining the criteria for an archipelagic province. According to the elucidation of Law Number 23 of 2014 concerning regional government, the archipelagic province based on geographical and cultural conditions is a moderate concept. This concept is beneficial in determining the characteristics of an archipelagic province.
{"title":"THE CONCEPT OF THE ARCHIPELAGIC PROVINCE AND ARCHIPELAGIC STATE IN THE PERSPECTIVE OF NATIONAL AND INTERNATIONAL LAW","authors":"Muhammad Risnain","doi":"10.25041/lajil.v3i2.2367","DOIUrl":"https://doi.org/10.25041/lajil.v3i2.2367","url":null,"abstract":"The concept of an archipelagic province in law number 23 of 2014 is interesting, especially international law of the sea and Indonesian national law. This research is due to the concept of an archipelagic State's special treatment, which is a concept derived from the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This research accommodates the state's interests with special conditions for States that are geographical, social, political, and economic conditions by fulfilling the 1982 UNCLOS. The state is a subject of the international, but the archipelagic province receives special treatment from the central government in DAU and DAK. The problem in this research is how the concept of an archipelagic province and state is based on national and international law? The research method used is normative juridical research based on the applicable laws and regulations. The analysis is carried out using a descriptive method that explains the concept of an archipelagic province and state from the perspective of national and international law. The archipelagic state's international and national law concept cannot be applied to mutatis mutandis. The criteria for an archipelagic state as an intrinsic geographical, economic, defense and security, and political unit have historically been regarded as such. The 1982 UNCLOS and national laws cannot be applied in determining the criteria for an archipelagic province. According to the elucidation of Law Number 23 of 2014 concerning regional government, the archipelagic province based on geographical and cultural conditions is a moderate concept. This concept is beneficial in determining the characteristics of an archipelagic province.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42090880","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 : 2021-11-01DOI: 10.25041/lajil.v3i2.2365
Ayu Permatasari, Chatrina Febriani Pratiwi, Medika Era Wijaya
The AEC is the founder of the ASEAN Community and the formation of regional economic integration, which was implemented in 2015. The implementation of ASEAN is made up of the flow of services/goods on a single product and market basis, skilled labour, investment, and free capital flows between countries in the ASEAN region. As an opportunity at the time of employment and as a substitute for unemployment, the Indonesian state must be utilized free of skilled labour. The issues that have arisen are how the employment arrangements in Indonesia are? How to optimize Indonesia’s employment arrangements in the AEC era? The method of approaching this research is the normative juridical method. The research shows that there are arrangements in the field of manpower that help realize quality human resources and skilled labour. It also states that Law No. 13 of 2003 on Manpower and other policies that provide job training and certification of work competencies that optimize employment to be more qualified, skilled, and competitive and recognized by other ASEAN countries in facing the AEC.
{"title":"REVIEW OF INDONESIA'S EMPLOYMENT ARRANGEMENTS IN FACING ASEAN ECONOMIC COMMUNITY","authors":"Ayu Permatasari, Chatrina Febriani Pratiwi, Medika Era Wijaya","doi":"10.25041/lajil.v3i2.2365","DOIUrl":"https://doi.org/10.25041/lajil.v3i2.2365","url":null,"abstract":"The AEC is the founder of the ASEAN Community and the formation of regional economic integration, which was implemented in 2015. The implementation of ASEAN is made up of the flow of services/goods on a single product and market basis, skilled labour, investment, and free capital flows between countries in the ASEAN region. As an opportunity at the time of employment and as a substitute for unemployment, the Indonesian state must be utilized free of skilled labour. The issues that have arisen are how the employment arrangements in Indonesia are? How to optimize Indonesia’s employment arrangements in the AEC era? The method of approaching this research is the normative juridical method. The research shows that there are arrangements in the field of manpower that help realize quality human resources and skilled labour. It also states that Law No. 13 of 2003 on Manpower and other policies that provide job training and certification of work competencies that optimize employment to be more qualified, skilled, and competitive and recognized by other ASEAN countries in facing the AEC.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47955238","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 : 2021-11-01DOI: 10.25041/lajil.v3i2.2349
M. Arifin
The COVID-19 pandemic impacts the world of patents as countries prepare their legal framework to ease the process of compulsory licensing. Some like India and South Africa even went further by proposing a suspension for patents needed to combat COVID-19 which is still under discussion. It is a real possibility that a patented drug that is effective against COVID-19 would potentially see compulsory licensing in many countries its patent holder is doing business. This article discusses why compulsory licensing is an essential issue by examining its legitimacy, previous cases of compulsory licensing, and the conduct of states in cases of compulsory licensing issuance, particularly in examples of Thailand, Brazil, and India. The article will examine ways of remedy against compulsory licensing, including a theoretical possibility for constitutional review of treaties. The remedies discussed shall include international and domestic remedies, both litigation and alternative measures. The research shall use qualitative research methods with the use of primary and secondary legal sources. The result of this article found that a combination of soft law power of the Doha Declaration and the invocation of subsequent compulsory licensing cases be the support pillars of compulsory licensing practice. However, the practice of compulsory licensing both by the patent holder and the state actors is still not performed entirely in good faith according to the Vienna Convention of the Law of Treaties (VCLT) 1969 and the TRIPS Agreement. Hence, such patent holders need to be familiar with both international and domestic remedies, especially the possibility for constitutional review of treaties remedies.
{"title":"GOOD FAITH IN TRIPS COMPULSORY LICENSING OF PHARMACEUTICAL PATENTS: LESSONS FROM PREVIOUS PANDEMIC CASES","authors":"M. Arifin","doi":"10.25041/lajil.v3i2.2349","DOIUrl":"https://doi.org/10.25041/lajil.v3i2.2349","url":null,"abstract":"The COVID-19 pandemic impacts the world of patents as countries prepare their legal framework to ease the process of compulsory licensing. Some like India and South Africa even went further by proposing a suspension for patents needed to combat COVID-19 which is still under discussion. It is a real possibility that a patented drug that is effective against COVID-19 would potentially see compulsory licensing in many countries its patent holder is doing business. This article discusses why compulsory licensing is an essential issue by examining its legitimacy, previous cases of compulsory licensing, and the conduct of states in cases of compulsory licensing issuance, particularly in examples of Thailand, Brazil, and India. The article will examine ways of remedy against compulsory licensing, including a theoretical possibility for constitutional review of treaties. The remedies discussed shall include international and domestic remedies, both litigation and alternative measures. The research shall use qualitative research methods with the use of primary and secondary legal sources. The result of this article found that a combination of soft law power of the Doha Declaration and the invocation of subsequent compulsory licensing cases be the support pillars of compulsory licensing practice. However, the practice of compulsory licensing both by the patent holder and the state actors is still not performed entirely in good faith according to the Vienna Convention of the Law of Treaties (VCLT) 1969 and the TRIPS Agreement. Hence, such patent holders need to be familiar with both international and domestic remedies, especially the possibility for constitutional review of treaties remedies.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45673071","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 : 2021-11-01DOI: 10.25041/lajil.v3i2.2402
Amah Emmanuel Ibiam, H. P. Faga
The many States are engulfed in crises over natural resources in the form of claims and counterclaims over who should exercise legal authority over the resources located within the state territory. In Nigeria, the agitation over control of natural resources has led to militancy and rebellion against the federal government and multinational oil companies. The debate on who should control and manage natural oil resources in Nigeria exists at the local community level, the federating states level, and the federal government level. This paper x-rayed the varying contentions of these agitations from an international law perspective. It adopted the doctrinal method to explore international human rights instruments and other legal and non-legal sources to realize the result and arrive at persuasive conclusions. The paper concluded that although international law guarantees states’ exercise of sovereign rights over their natural resources, it safeguards the right of indigenous peoples and communities to manage the natural resources found within their ancestral lands to deepen their economic and social development. It also concluded that the Niger Delta indigenous peoples and oil-producing communities are entitled to exercise some measure of control and management of the processes of exploitation of the natural resources found within their lands. The paper calls on the Nigerian government to fast-track legal and policy reforms to resource rights to indigenous host communities of natural resources in Nigeria.
{"title":"INDIGENOUS PEOPLES’ RIGHTS OVER NATURAL RESOURCES: AN ANALYSIS OF HOST COMMUNITIES RIGHTS IN NIGERIA","authors":"Amah Emmanuel Ibiam, H. P. Faga","doi":"10.25041/lajil.v3i2.2402","DOIUrl":"https://doi.org/10.25041/lajil.v3i2.2402","url":null,"abstract":"The many States are engulfed in crises over natural resources in the form of claims and counterclaims over who should exercise legal authority over the resources located within the state territory. In Nigeria, the agitation over control of natural resources has led to militancy and rebellion against the federal government and multinational oil companies. The debate on who should control and manage natural oil resources in Nigeria exists at the local community level, the federating states level, and the federal government level. This paper x-rayed the varying contentions of these agitations from an international law perspective. It adopted the doctrinal method to explore international human rights instruments and other legal and non-legal sources to realize the result and arrive at persuasive conclusions. The paper concluded that although international law guarantees states’ exercise of sovereign rights over their natural resources, it safeguards the right of indigenous peoples and communities to manage the natural resources found within their ancestral lands to deepen their economic and social development. It also concluded that the Niger Delta indigenous peoples and oil-producing communities are entitled to exercise some measure of control and management of the processes of exploitation of the natural resources found within their lands. The paper calls on the Nigerian government to fast-track legal and policy reforms to resource rights to indigenous host communities of natural resources in Nigeria.","PeriodicalId":34314,"journal":{"name":"Lampung Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42548279","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：