Padjadjaran Journal of International Law
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Legal Aspects of Effective Contribution to Military Action by Foreign States to a State in Conflict
No full textThis article explores the intricacies of effective contributions to military action, focusing on the legal aspects of foreign state assistance to states in conflict that affect the course of war. The analysis underscores the enormous challenge of determining where the lawfulness of acts by foreign states lies. This article examines international legal sources to find legal grounds for current actions. The purpose of this research is to analyze the legal aspects of effective contribution to military action by foreign states to a state in conflict and to examine the elements of International Law fulfilled in the actions. This research used normative legal research with qualitative analysis as the legal material analysis technique. Legal materials that had been collected, read, and understood were analyzed to address the problem formulation, whereby the results could be systematically justified. This research indicates that while effective military contributions can be justified under the rule of war and the rule of neutrality, the United States failed to fulfill legal obligations including Security Council notification. As a result, its actions breach the law of neutrality and constitute interference in the domestic affairs of another nation's sovereignty
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
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
The Ineffectiveness of PERAC 2022: Why Environmental Damage in Armed Conflict Demands a Binding International Convention?
No full textEnvironmental damage in armed conflict causes severe ecological damage. Although various international legal instruments have attempted to protect the environment in situations of armed conflict, in reality many countries still ignore the principles contained in these international legal instruments. This study examines the urgency of establishing a binding convention through doctrinal legal research using a constructive approach. Existing legal instruments will be analyzed to identify systemic gaps in the form of: normative ambiguity in protection standards, the absence of operational accountability mechanisms, and the non-binding status of the most comprehensive instrument (PERAC). The results of the study show that various international legal instruments aimed at protecting the environment in situations of armed conflict still have legal gaps, therefore an international binding convention is needed to address this. In addition, this study also proposes a conceptual framework for the convention by integrating the principles of lex specialis, state responsibility, and lessons from successful international environmental agreements such as the Montreal Protocol, as well as the experience of the UNCC in the 1991 Gulf War. This study contributes to the progressive development of international law by bridging the gap between normative consensus and binding accountability for environmental damage in warfare
Consumer Protection in The Digital Era: Analyzing Legal Gaps in Online Lending
No full textThis article aims to analyze regulatory gaps and weaknesses in consumer protection in online lending (fintech lending) practices in Indonesia, particularly regarding legal protection, personal data security, contract transparency, and law enforcement mechanisms. The main gap lies in the suboptimal integration of legal norms governing consumer protection, fintech oversight, and digital data governance, resulting in legal uncertainty, consumer vulnerability to data misuse, excessive interest rates, and intimidating debt collection practices. This research uses a doctrinal study method with an analysis of national regulations and a comparison of international regulatory frameworks to evaluate the adequacy and effectiveness of existing policies. The study results show that although Indonesia has regulations such as the Consumer Protection Law, POJK No. 77/2016, and the Personal Data Protection Law, their implementation remains weak due to limited oversight capacity, legal fragmentation, and low public digital literacy. This condition results in difficulties in prosecuting illegal lenders and rampant violations of consumer rights. Therefore, comprehensive regulatory reformulation, increased digital forensics and cross-border investigation capacity, strengthened sanctions for violators, and public education are needed to create a fairer, more transparent, and more sustainable digital lending ecosyste
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
The Responsibility of Foreign Fishing Vessel Masters in Fulfilling the Rights of Crew Members
No full textThe case of the death of four Indonesian crew members on a Chinese-flagged ship needs special attention, this is due to negligence committed by the captain, namely refusing to take sick crew members to the nearest hospital and only providing medicine without clear information because it speaks Chinese. As the supreme leader on board, the captain is not only responsible for the navigation and operation of the ship, but also has a legal obligation to ensure the safety of all crew members, including in terms of fulfilling the right to medical assistance. The crew is part of the skipper's direct responsibility during the voyage, as stipulated in the provisions of national and international maritime law. This research is a normative juridical law research with a statutory and conceptual approach. The collection of legal sources in this study will use primary and secondary legal sources. This study aims to examine specifically the legal responsibilities of foreign fishing vessel captains to crew members, focusing on the obligation to provide medical assistance. The results of this study are expected to identify the legal responsibility of the captain in ensuring the fulfillment of the rights of Indonesian crew members on foreign-flagged ships
Authoritarian Regimes and Reservations Towards International Human Rights Treaties: the Analysis of Malaysia, South Korea, and Indonesia
No full textExamining the situations of Malaysia, South Korea, and Indonesia, this research investigates the problem and background of authoritarian regimes' opposition to international human rights treaties. Even while these nations have undergone transitions from authoritarianism to varied degrees of democratic administration, they have also shown reluctance to fully embrace international human rights principles and commitments. This article utilizes a qualitative method of research from documents deriving from the internet. Further, this article gives insight on the complex interplay between authoritarianism, national interests, and human rights obligations by analyzing domestic settings, institutional structures, and geopolitical operations. The article also emphasizes how these reservations affect how well international human rights treaties are implemented in these nations. By elucidating the complexities surrounding authoritarian regimes' reservations towards human rights treaties, this research contributes to a deeper understanding of the challenges faced in promoting and protecting human rights in diverse political contexts. Essentially, this article provides that not all authoritarian regimes neglect the protection of human rights
Airspace Management Interoperability in Enhancing National Air Defense System Indonesia and Russia
No full textNational defense is a crucial aspect of a country's existence, as it determines the guarantee of its survival. The inability of a country to defend itself from threats, both internal and external, can lead to its demise. Globalization, which is synonymous with advancements in science and technology, has given rise to new forms of threats that are multidimensional in nature. These threats can emanate from ideological, political, economic, socio-cultural, and national defense and security issues. The complexity of these issues requires an integrated approach, involving various government agencies and institutions. The Indonesian Constitution explicitly mandates that every citizen has the right and duty to participate in national defense efforts. In facing military threats, the national defense system places the Indonesian National Armed Forces (TNI) as the main component, supported by reserve and supporting components. In facing non-military threats, the system places government agencies outside the defense sector as the main component, adjusted to the nature and characteristics of the threat. Airspace management is critical in the context of national security, as airspace can be used as a medium for attacks or threats. The development of technology has made airspace a vital component of modern life, with various sectors having interests in its use, including economics, business, science, technology, environment, sports, and defense. However, the current management of airspace is fragmented, with different sectors managing it according to their interests, potentially leading to overlapping interests. Moreover, there are issues related to the lack of integration of institutional and human resource aspects, as well as technology and infrastructure, in airspace management. Interoperability is the ability of two or more systems and devices to communicate and work together to achieve common goals efficiently and effectively. In the context of airspace management, interoperability is crucial to ensure the integration of various systems and devices. This joint research aims to conduct a study on regulations, strategies, and efforts to achieve interoperability in national airspace management in Indonesia and Russia, in order to improve the national defense system. Russia is chosen as a partner country due to its strong interoperability in airspace management. Russia has implemented an airspace management system based on information technology and has developed advanced air traffic control infrastructure to ensure safety and efficiency in flight operations, as well as integration with the national air defense syste
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