Jurnal Fakultas Hukum Universitas Padjadjaran
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The Implications of Indonesia's Food Import Regulations Harmonizing WTO Obligations and National Interest Protection
No full textIndonesia's food import regulations have undergone significant changes, particularly following the DSB477/478 dispute with the United States and New Zealand. The introduction of the Job Creation Law further influenced these regulations by integrating them into a commodity balance system, which calculates the gap between domestic production and demand, resulting in quotas. However, as a WTO member, Indonesia must adhere to international trade agreements that prohibit such quotas under WTO rules and the Vienna Convention on the Law of Treaties (VCLT). This study employs a normative juridical method to analyze food import policies within the framework of international law WTO, focusing on principles such as good faith and pacta sunt servanda. It aims to identify discrepancies between Indonesia's current food import regulations and WTO provisions, while exploring alternative policies that align with international commitments and safeguard national interests
Transformation of the WTO Dispute Settlement System in Facing the Trends of Deglobalization and Protectionism: A Developing Country Perspective: A Developing Country Perspective.
No full textThe World Trade Organization (WTO) dispute settlement system has been a crucial pillar of the multilateral trading system, ensuring legal certainty and stability in international trade. However, in recent years, this system has faced an unprecedented crisis due to the paralysis of the Appellate Body, triggered by the persistent blockade of judicial appointments, primarily by the United States. This institutional deadlock coincides with the growing trends of deglobalization and economic protectionism, characterized by increasing unilateral trade measures, escalating trade wars, and the erosion of trust in multilateral institutions. These developments have disproportionately impacted developing countries, which rely on a rules-based dispute settlement mechanism to protect their trade interests against more powerful economies. Despite their majority representation in the WTO, developing countries face structural challenges in accessing and utilizing the dispute settlement system effectively, including limited financial and legal resources, procedural complexities, and the risk of economic retaliation. This paper examines the ongoing transformation of the WTO dispute settlement system from the perspective of developing countries, assessing the challenges they face, the proposed reform initiatives, and their implications for global trade governance. Employing a normative legal approach with qualitative analysis, this study highlights the urgency of inclusive reforms to ensure a more equitable and effective dispute resolution mechanism within the WTO framework
Content and Account Blocking of Palestince Updates by Instagram in Indonesia: Limitation or Violation Human Rights? An Intersection Between Human Rights Law And Cyber Law
No full textRecently, Instagram has taken decisive action by blocking contents and accounts of users who disseminate information about the Palestine issue, significantly impacting users in Indonesia. This study aims to establish whether Instagram’s actions can be classified as human rights violations under international and national human rights legal frameworks. Additionally, it examines the role of the state in ensuring accountability in this matter. Utilizing a robust normative juridical methodology, this research draws on an extensive array of sources, including official documents, scholarly articles, journals, mass media, and field research conducted through in-depth interviews. Our research found that the limitations imposed by Instagram do not constitute a violation of human rights in terms of freedom of expression and opinion, as these limitations are based on human rights limitation laws within Indonesia's digital space. Article 40 paragraphs (2b) to (2d) of the ITE Law No. 1/ 2024, Article 98 paragraph (1) of Government Regulation No. 71/2019, and Article 13 paragraph (1) of Ministerial Regulation No. 5/2020 have granted Instagram the authority to impose human rights limitations on Indonesian users. In this regard, Instagram will block the content or user account, but users can still share information about the Palestine issue with other accounts or on other social media platforms as a form of expression and opinion. This shows that there is no violation of freedom of expression and opinion. However, in fact, Instagram only imposes limitations on its users who express support for Palestine. These limitations do not apply to users who express support for Israel by disparaging Palestine or spreading hatred. Such actions can be considered discriminatory, which constitutes a form of human rights violation. The discriminatory actions carried out by Instagram against its users who are Indonesian citizens should be held accountable by the state. The state’s responsibility can be enforced by referring to Article 8 of Ministerial Regulation No. 8/2020, which allows for administrative sanctions against Instagram in the form of terminating access to the platform’s electronic system
Jual Beli Tanah dengan Praktik Milik Beding Ditinjau dari Ketentuan Peraturan Perundang-Undangan Di Indonesia
No full textPermasalahan dalam penelitian ini adalah maraknya jual beli tanah yang berdasarkan praktik milik beding sebagai hubungan utang piutang yang disamarkan sehingga memicu pelanggaran hak milik dan ketidakpastian hukum. Penelitian ini bertujuan untuk menganalisis keabsahan jual beli yang berdasarkan praktik milik beding ditinjau dari peraturan perundang-undangan serta perlindungan hukum bagi pihak yang dirugikan. Metode yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa praktik ini merupakan penyelundupan hukum yang melanggar Pasal 12 UUHT dan Pasal 1178 KUHPerdata, sehingga akta yang dilahirkan menjadi batal demi hukum karena mengandung kausa terlarang. Perlindungan hukum bagi pihak yang dirugikan dalam praktik ini terbagi menjadi dua dimensi yaitu perlindungan hukum preventif melalui berbagai peraturan perundang-undangan dan perlindungan hukum represif sebagai penyelesaian sengketa melalui lembaga pengadilan umum.
Kata Kunci: Jual beli tanah; milik beding; perlindungan hukum
An Analysis of the Sanctions Imposed by the United Nations Security Council to Iraqi Invasion of Kuwait in 1990 within the Context of International Law: Legal Analysis of UN Security Council Sanctions on Iraq's 1990 Invasion of Kuwait: A Normative Study on Charter Violations and Implementation Challenges
No full textThe United Nations Security Council is the sole international body empowered to utilize both civilian and military forces to maintain global peace and security. Iraq's invasion of Kuwait on August 2, 1990, breached international peace. In response, the Security Council imposed economic and military sanctions. Through Resolution 678, the Security Council authorized the use of any necessary means, including military action, to compel Iraq to withdraw from Kuwait and restore Kuwaiti sovereignty. The United States-led Coalition Military used this resolution to justify unlimited military action against Iraq. This study aims to ascertain the arrangements and forms of sanctions the Security Council imposed and analyze its implementation of military sanctions against Iraq in 1991. The study employs a normative legal research approach with a prescriptive specification. The findings demonstrate that the Security Council's authority to impose sanctions is outlined in Articles 39, 41, and 42 of the UN Charter. However, in imposing military sanctions on Iraq, the Security Council failed to fulfill several Charter obligations. Firstly, it did not obtain the unanimous consent of permanent members before voting on Resolution 678, which authorized military sanctions. Secondly, no special agreement between member states was made for the transfer of military personnel or the provision of necessary facilities, as required by Article 42. Thirdly, the formation of a Military Staff Committee to command the implementation of military sanctions was not established, as obligated by Articles 45 through 47. Fourthly, this sanction was not implemented by the principles of peaceful dispute resolution
Examining the Severity Threshold in International Humanitarian Law
No full textThis research investigates the legal and practical implications of the absence of a clearly defined threshold for torture within International Humanitarian Law (IHL), particularly concerning state compliance and the prosecution of offenders. While torture is unequivocally prohibited under various international legal instruments—including the Geneva Conventions, their Additional Protocols, and the Convention Against Torture (CAT)—there remains significant ambiguity in determining the severity required for an act to qualify as "torture" under IHL. The CAT defines torture as the intentional infliction of severe physical or mental pain or suffering, yet the Geneva Conventions do not specify the threshold of severity, leaving room for interpretative discrepancies and legal uncertainty. This legal gap complicates efforts to enforce accountability and prosecute perpetrators at international tribunals, as seen in landmark cases adjudicated by the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Court (ICC), and others. Through a normative-empirical legal research method, this study analyzes relevant treaties, customary international law, and judicial decisions to evaluate how torture has been defined, applied, and challenged in practice. It also explores how the undefined threshold hinders effective enforcement. The research concludes with specific legal and policy recommendations aimed at clarifying the definition of torture, enhancing state compliance, and strengthening international mechanisms to prevent and punish acts of torture in armed conflict and custodial settings
LEGAL CONSEQUENCES OF DEVELOPER BANKRUPTCY ON THE FULFILMENT OF SALE AND PURCHASE OBJECTS
No full textPrivate sector-driven housing development through instalment payment systems such as PPJB is one of the pillars of fulfilling the right to housing and economic growth. However, this practice poses legal risks when developers face bankruptcy. The Supreme Court Decision Number 24 K/Pdt.Sus-Pailit/2025 highlights the conflict between the rights of consumers who have paid in full and taken possession of their housing units and the principle of bankruptcy, which places all developer assets in the bankruptcy estate. The absence of certificates and formal transfer of rights creates legal uncertainty, raising fundamental questions about the legal status of uncertified houses, the protection of consumers' good faith, and the balance between creditors' rights and legal certainty for buyers. This study aims to analyse the implications of developer bankruptcy on the fulfilment of consumer civil rights, focusing on the case study of Supreme Court Decision Number 24K/Pdt.Sus- Pailit/2025. This analysis is expected to contribute to strengthening consumer legal protection while offering a fair perspective in balancing the interests of creditors and the rights of buyers of houses acting in good faith. The research method used is normative legal research with a legislative and case approach. The results of the study show that consumers' substantive ownership must be recognised if the payment has been settled and physical control of the house has been fulfilled, even if the formalities of the certificate have not been completed. Houses that have been taken possession of by consumers should not be included in the bankruptcy estate, as this disregards the principles of good faith, substantive justice, and consumer protection. The Supreme Court's decision is an important precedent for balancing legal certainty, distributive and corrective justice, and encouraging regulatory reform of housing developer bankruptcy
Paradigm of Political Economy of Law in Nickel Export Policy in Indonesia
No full textIndonesia's nickel export ban policy is considered to be contrary to the General Agreement on Tariffs and Trade (GATT). The nickel downstream program aims to increase national economic growth by making maximum use of natural resources. The use of nickel is sought to overcome climate change due to 80% of carbon emissions produced by fossil fuels. However, the downstream program brings serious problems that have an impact on the environment and indigenous peoples of the affected areas. This research aims to examine Indonesia's role in building a nickel export policy that is in line with the principles of international trade law and how to build a political, economic and legal paradigm for nickel export policy. The research method used is socio-legal, where the researcher integrates normative perspectives with social reality so that the researcher knows how the law can work more effectively in society. The findings of the study answer that Indonesia's role in building export policies is still not in line with the principles of international trade law. Policies should not only focus on economic growth but also prioritize the principles of sustainable development so that local economic problems, environmental sustainability and human rights violations can be overcome
Israel’s Obligations in the Killing of Medical Personnels in Rafah Paramedics Massacre
No full textThe Rafah Paramedics Massacre stands as one of the gravest atrocities against medical personnel and a blatant violation of the Geneva Convention that must be recorded in history. The killing of 15 emergency workers by Israeli forces resulted merely in the dismissal of the responsible officer. As a High Contracting Party to the Geneva Convention, Israel bears a legal obligation to address violations of the Convention as a form of state accountability. However, to date, there has been no indication that Israel has fulfilled its obligations as stipulated under the Convention. This study examines the "professional failure" claim asserted by Israel in comparison with a series of facts discovered and reported by various media outlets, and proceeds to identify the specific violations committed by Israel in the Rafah Paramedics Massacre. The data is then compiled to outline Israel’s obligations under the Geneva Convention. Based on this analysis, it is evident that Israel has failed to fulfill its legal responsibilities and has instead allowed the perpetrator of a war crime to go unpunished, subject only to administrative dismissal without any criminal sanction
Reforming Patent Law in the Age of Artificial Intelligence
No full textThe rise of AI as a creator challenges patent law's human-centered perspective, which exclusively sees creators. AI innovations aren't covered by Indonesia's Patent Law No. 13 of 2016. The national patent system is confusing concerning who invented, owns, and is liable. This paper examines the normative opportunities and problems of revising Indonesia's patent system to include AI-generated ideas while retaining legal clarity, equity, and international intellectual property norms. This work uses normative and comparative legal analysis to support a progressive patent system reform in Indonesia by introducing a hybrid inventorship model that recognizes human–AI collaboration. This study uses statutory, conceptual, and comparative frameworks for normative juridical research. It analyses primary, secondary, and tertiary legal materials, including Indonesia's patent legislation, WIPO recommendations, and comparative jurisprudence from the US, EU, and China. Our study reveals that Indonesia's patent laws are still anthropocentric and unsuited for AI-generated ideas, producing legal ambiguity and insufficient innovation incentives. Some countries have human inventors but are incorporating AI-assisted inventions. Indonesia must restructure its legal system with a hybrid inventorship strategy that ensures responsibility, transparency, and technological adaption