Mataram Journal of International Law

THE AUTHORITY OF THE COUNCIL OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA (DPR RI) IN RATING INTERNATIONAL AGREEMENTS POST THE RULING OF THE CONSTITUTIONAL COURT (MK) NUMBER 13/PUU-16/2018

Bah Jatun Nadrati — 2024-06-27

This research aims to find out and understand the meaning of the DPR RI's authority to ratify international agreements based on Constitutional Court Decision No. 13/PUU-16/2018 and to understand and analyze the direction of regulating the authority of the DPR RI in ratifying international agreements after Constitutional Court Decision No. 13/PUU-16/2018. This research method uses a type of normative legal research. The meaning of the DPR RI's authority to ratify international agreements based on Constitutional Court Decision No. 13/PUU-16/2018 expands the definition of DPR approval, which is not limited to the provisions of Article 10 of Law no. 24 of 2000 concerning international agreements, but in all international agreements which have the nature of having broad and fundamental consequences for people's lives related to the financial burden on the state, and requiring changes or formation of laws. The Constitutional Court's decision pertaining to the DPR's authority in ratifying international agreements, the Constitutional Court expanded the meaning of Article 10 by cancelling the Article and returning to the norms contained in article 11 of the 1945 Constitution of the Republic of Indonesia, the Constitutional Court interpreted it extensively.

The direction of regulating the authority of the DPR RI in ratifying international agreements after the Constitutional Court decision no. 13/PUU-16/2018 is by changing or replacing the existing norms in article 10 of Law No. 24 of 2000 concerning International Agreements by regulating the substance of international agreements as intended in article 11 of the 1945 Constitution of the Republic of Indonesia and following the pattern of article 84 of Law no. 7 of 2014.

APPLICATION OF THE PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITIES IN FULFILLING STATE OBLIGATIONS FOR CLIMATE CHANGE UNDER THE PARIS AGREEMENT ON THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

Dampaty Anja Anjani Ida Ayu — 2024-06-27

Climate change is now an international issue as it affects nations around the world. The Paris Agreement 2015 was established as a form of countries' efforts to reduce climate change. This research aims to find out the application of the principle of common but differentiated responsibilities in the Paris Agreement and its implementation in Indonesian law as a developing country. The research method used is the normative research method with statutory and conceptual approaches. The research results determined that the application of the principle of common but differentiated responsibilities in the Paris Agreement is based on a bottom-up approach. The approach gives the authority to determine targets for each country through the formation of nationally determined contributions containing action plans that will be implemented by a country within the next five years to realize the goals of the Paris Agreement. In its implementation in Indonesian national law, the principle of common but differentiated responsibilities is applied through the NDC which is then realized in several regulations governing capacity building, economic growth, and adaptation and mitigation.

STATE RESPONSIBILITY IN THE DISPOSAL OF RADIOACTIVE SUBSTANCES IN THE ASIA-PACIFIC AREA (Case Study on Japan’s Disposal of Nuclear Waste in Fukushima Waters)

Annisa Raudlatul Rahmah — 2024-06-27

This research aims to find out and examine Japan's responsibility for disposing of radioactive waste in the waters of the Asia Pacific region and to find out and understand the steps that the IAEA should take in resolving the disposal of radioactive waste in the waters of the Asia Pacific region by Japan. This research method uses a type of normative legal research, namely by taking a conceptual approach and a case approach. The actions taken by Japan give rise to responsibilities that must be fulfilled because they violate obligations in several principles and provisions of international law. Actions in disposing of radioactive by Japan have received approval from the IAEA because the level or content of radioactive waste disposed of by Japan is still classified as safe as per the results of laboratory research carried out by TEPCO and the IAEA.

The Legal Responsibility of a Private Military Company (PMC) in an International Armed Conflict under Humanitarian Law

Lalu Nahudatu Akbariman — 2024-06-27

The existence of Private Military Company (PMC) in most contemporary armed conflicts as a non-participant has raised the legal question regarding the status and legal standing of PMC. This research aims to analyze the legal position and determine the legal responsibility of PMC in international armed conflicts according to Humanitarian Law. The research employed a normative legal research method, utilizing international treaties, national legislation, and international customary law as the basis. The findings reveal that, under international law, the PMC is not a party legally authorized to engage in armed conflicts. The legal responsibility of the PMC for crimes in violation of international humanitarian law and human rights can be attributed to both civil responsibility and criminal responsibility for war crimes, based on the principle of corporate criminal responsibility. However, the non-recognition of PMC as subjects of international law means that PMCs cannot be held criminally liable under international law. Therefore, the existence of humanitarian law in the national legal system paves the way for the criminal prosecution of PMC as a company.

BIODIVERSITY CONSERVATION IN THE EXPLOITATION OF NATURAL RESOURCES IN INTERNATIONAL SEABED AREAS UNDER THE BIODIVERSITY BEYOND NATIONAL JURISDICTION AGREEMENT

Ihdal Umam — 2024-06-27

This research aims to analyze and understand the conservation of biodiversity in international seabed areas based on BBNJ, and to analyze the urgency of the State of Indonesia to ratify the BBNJ Agreement. The research method used is normative legal research. The results show that conservation in the context of the BBNJ (Biodiversity Beyond National Jurisdiction) Agreement includes protection and conservation of natural resources and management. Protection and conservation are regulated through the establishment of area-based management instruments and the requirement of environmental impact assessments for activities on the high seas and the international seabed. Meanwhile, conservation within management is addressed through equitable benefit sharing, technology transfer and capacity building. Therefore, the ratification of the BBNJ Agreement is very important for Indonesia because Indonesia's geographical situation as an archipelago with a large marine area requires effective protection of marine biodiversity, most of which is beyond national jurisdiction. Ratification of the BBNJ Agreement will strengthen national capacity in marine technology, provide better access to marine genetic resources, and strengthen Indonesia's commitment to sustainable ocean management and contribute positively to global ocean governance.

komersialisasi ruang angkasa KOMERSIALISASI RUANG ANGKASA DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN PEMBAHARUAN HUKUM NASIONAL INDONESIA

Amy rizki nur’aini Amy rizki nur’aini — 2024-06-27

Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan mengenai komersialisasi ruang angkasa yang diatur dalam Outer Space Treaty 1967 sebagai landasan hukum penggunaan ruang angkasa dan pembaharuan hukum nasional Indonesia dalam menghadapi komersialisasi ruang angkasa. Penelitian ini menggunakan metode pelitian normatif, yaitu dengan cara melakukan pendekatan konseptual dan pendekatan teoritis. Peraturan mengenai komersialisasi ruang angkasa diatur dalam Outer Space Treaty 1967 dan The Moon Agreement 1972 yang mengatur mengenai segala bentuk aktivitas penggunaan ruang angkasa termasuk kegiatan komersialisasi dan dalam hukum Nasional Indonesia diatur dalam Undang-Undang Nomor 21 Tahun 2013 Tentang Keantariksaan dan Peraturan Presiden Nomor 45 Tahun 2017 Tentang Rencana Induk Penyelenggaraan Keantariksaan yang ditargetkan dalam waktu 25 tahun dimulai sejak tahun 2016 sampai dengan tahun 2040.