Padjadjaran Journal of International Law
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Challenges and Weaknesses of Law Enforcement Digital Copyright in Indonesia with a Comparative Approach to America Countries
No full textIndonesia has Law Number 28 of 2014 concerning Copyright and Law Number 19 of 2016 concerningInformation and Electronic Transactions (ITE), which provide the legal basis for copyright protection.However, Indonesia still faces major challenges in law enforcement against digital copyright violations.Although these regulations exist, they are not specifically designed to deal with problems arising fromdigitalization and the internet, such as online content piracy. This research uses a normative juridicalapproach and comparative methods to assess the effectiveness of the legal system in protecting digitalcopyright. The United States has succeeded in forming and implementing specific and effective regulations,Indonesia still needs to develop legal instruments that are more appropriate to face the challenges of thedigital era. Apart from that, educating the public about the importance of digital copyright is also neededin Indonesia to reduce the number of violations. It is hoped that the results of this research can contributeto the development of more effective legal policies in Indonesia, as well as encourage internationalcooperation in efforts to protect copyright in the digital era
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
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
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
The Authority and Challenges of the UNSC regarding the Proliferation of Weapons of Mass Destructions: Sanctions Resolutions against North Korea as material for analysis
No full textRegarding the proliferation of weapons of mass destruction, the United Nations Security Council (UNSC) has adopted sanctions resolutions against North Korea's nuclear weapons development program. However, the use of veto power by Russia, as a permanent member, has placed the sanctions system against North Korea in a precarious position, highlighting structural problems within the UNSC. This study uses a normative juridical method with a descriptive-analytical approach based on official documents, academic journals, and reports from the UN. The results of this study show that the UNSC has been effective in some cases, particularly in the post-Cold War international community. However, structural problems within the UNSC remain to this day, whereby the UNSC has the potential to become dysfunctional due to the use of vetoes, highlighting the need for structural reform of the UNSC. 
Comparative Analysis of Remote Work Regulations in Indonesia and the Philippines
No full textThis article presents a comparative analysis of remote work regulations in Indonesia and the Philippines, focusing on the legal protection of workers with work-from-home (WFH) status. In Indonesia, the rapid growth of WFH arrangements has not been matched by specific legal frameworks, resulting in inadequate protection and legal uncertainty for remote workers. In contrast, the Philippines has enacted the Telecommuting Act (Republic Act No. 11165), which explicitly safeguards the rights and welfare of WFH employees. The Act ensures equal treatment regarding compensation, rest periods, workload, access to training, data protection, and collective rights, while prohibiting discrimination against remote workers. The study employs a normative comparative legal method, examining regulatory texts and their implementation in both countries. Findings indicate that the Philippine approach provides a more comprehensive and adaptive legal framework for remote work, offering valuable lessons for Indonesia. The article concludes that adopting similar regulations could enhance legal certainty and worker protection in Indonesia, especially as digital and remote work become increasingly prevalent in the modern labor landscap
Starlink’s Dual-Use in The Ukraine-Russia Conflict: Lawful or Unlawful?
Full text linkThe use of Starlink by the Ukrainian military against the Russian military has been controversial since the use of space objects for military purposes is not permitted under the space law regime. The Seneca unit of Ukraine's 93rd Brigadeuses the Starlink network to operate drones from hidden locations to avoid enemydetection. Their main task is to monitor areas near the Russian border and identify Russian military positions. These drones are also equipped with improvised explosivedevices, and between August and December 2022, approximately 600 Russian soldiers were reported killed due to drone attacks. According to the United Nations Secretariat's November 2018 data, Starlink satellites are classified as spacecraft for practical applications like weather observation and communication. However, inpractice, Ukraine uses Starlink for peaceful and military purposes. This research will reveal the legality of Ukraine's dual use of Starlink, the justification for self-defense, and the potential responsibility that may arise from this case. The research findings indicate that the Ukrainian military’s dual use of the Starlink satellites violates international law. Despite being used for self-defense purposes; such aggressiveuseis not accompanied by permission from SpaceX. In addition, the dual use of the Starlink satellites could give rise to possibilities of state responsibility. The author argues that a comprehensive and specific regulation is needed to overcome futurepractice of dual-use space objects
Critical Review of the Concept of Significant Pollution and Its Impact on Flag State Pre-Emption Rights in Legal Proceedings Against Foreign Vessels
Full text linkThe Law of the Sea grants primary enforcement over polluting ships to the flag state, protecting them from foreign jurisdiction, as stated in Article 228 of UNCLOS as a pre-emption action. However, the jurisdiction beyond territorial waters has proven ineffective in preventing ship-source pollution or protecting coastal states. Pre-emption actions risk undermining the enforcement rights of coastal and port states under Articles 218 and 220 of UNCLOS. Pre-emption can only be overridden in certain situations, such as when ship pollution causes “significant damage” to a coastal state. A broader view of "significant damage" strengthens Coastal States' legal basis to tighten marine pollution regulations and enforce actions against foreign vessels in their EEZ. The method used in this research is normative juridical. The article concludes that “significant damage” links to “significant pollution,” shown by “clear evidence” of its impact on the “coastline or related interests” of the coastal state. Furthermore, all evidence and scientific data must show actual or potential harm, considering the cumulative impact on the coastal state's resources and interests. Therefore, a comprehensive and well-defined threshold for "significant damage" is essential to strengthen the legal framework for coastal states to ensuring effective enforcement measures against marine pollution
Privacy Protection Guarantee for Data Hacking Victims According to Indonesian Law
Full text linkPersonal data leaks have become one of the primary concerns. The government has attempted to overcome this issue by implementing the Law on Personal Data Protection (UU PDP) and establishing law enforcement agencies for Personal Data Protection. Despite the existence of laws that regulate and agencies responsible for this issue, personal data leaks still occur frequently. One of the cases was the leak of customer data from Bank Syariah Indonesia (BSI). This study analyzes how Indonesian regulations on personal data protection align with safeguards under Article 17 of the ICCPR and how the implementation of personal data protection regulations can protect data owners experiencing losses. This research uses normative juridical methods with a descriptive-analytical approach. The results of the research show that Indonesia has regulations to protect the privacy rights of its citizens, specifically in the Personal Data Protection Law. However, the implementation of the UU PDP faces challenges in providing effective protection for data breach victims
The Legal Issue of Granting Political Asylum to Bashar al-Assad by Russia
Full text linkThis article examines the legal implications of Russia granting political asylum to Bashar al-Assad, the deposed president of Syria accused of grave international crimes. Political asylum, while a sovereign right of states, must align with international legal frameworks such as the 1951 Refugee Convention and the Rome Statute, which prohibit granting protection to individuals implicated in a crime against peace, war crimes, crimes against humanity, serious non-political crimes outside the country of refuge, and acts contrary to the purposes and principles of the United Nations. The analysis explores the interplay between humanitarian principles, state sovereignty, and international justice, with a focus on Russia's motivations and its compliance with international obligations. By reviewing Bashar al-Assad's alleged crimes and the legal mechanisms designed to ensure accountability, this article highlights the challenges posed by Russia's actions to the global justice system. The findings reveal that granting asylum in such cases undermines accountability, sets a troubling precedent, and reflects broader geopolitical dynamics that prioritize strategic interests over justice. Recommendations include strengthening international cooperation and legal mechanisms to address abuses of asylum and ensure accountability for perpetrators of serious international crimes