Mataram Journal of International Law

The Legal Force of the International Court of Justice Decision on the Appeals Dispute

Hafina Haula Arsy, Muh Risnain, Lalu Guna Nugraha — Sat, 23 Dec 2023 02:25:23 +0000

The Statute of the International Court of Justice does not include provisions regarding the authority or jurisdiction of the International Court to handle appellate cases. However, in practice, the International Court of Justice has issued judgments on appeals related to the ICAO Council's jurisdiction in disputes over flight restrictions in Qatar imposed by Bahrain, Egypt, Saudi Arabia, and the United Arab Emirates (UAE). This study aims to analyze the nature of decisions related to these appellate disputes. The research methodology employed is normative research with a legislative, conceptual, and case study approach. The findings of this research indicate that decisions on appellate cases are deemed final and binding as stipulated in Article 60 of the Statute of the International Court of Justice and Article 86 of the Chicago Convention, and the obligation of UN member states to comply with the judgments of the International Court of Justice is regulated in Article 94 of the United Nations Charter.

Implementation Of The Polluter Pays Principle On Space Debris, Dylan Welmart

Dylan Ritosa Theadiva Welmart, Zunnuraeni , Diva Pitaloka — Sat, 23 Dec 2023 02:27:02 +0000

The study aims to examine the extent to which The Polluter-Pays Principle on the Space Debris problem can be applied. Moreover, this study analyzes the prevention and recovery for countries affected by cases of falling space objects resulting from the launch of a country or a space company to the Earth's surface, particularly in the territory of a country. This study uses the normative method. This study's results determine that the Polluter-Pays Principle can be applied to handling environmental pollution problems caused by Space Debris, especially Space Debris which causes damage and pollution on the surface of the Earth. Therefore, in the case of the fall of Space Debris in Indonesian territory that causes environmental damage and pollution, this principle may be applied. The aggrieved party may ask for compensation based on the Liability Convention and Article 7 of The Outer Space Treaty. The Liability Convention stipulates that the launching State bears absolute responsibility in paying compensation for damage caused by space objects on the surface of the Earth or aircraft, and is responsible for the damage due to his mistake in space. This responsibility action is used to protect, prevent and restore the environmental impact caused by the case of a space object falling into the territory of a country.

The Urgency of Adopting the Norma Convention on Cybercrime in Amendment to Law No 11 of 2008 Concerning Electronic Information. Seviadian

Sevia Dian Rianita Permadi, Muh Risna, Lalu Guna Nugraha — Sat, 23 Dec 2023 02:29:13 +0000

The purpose of this study is to analyze the urgency of adopting the Convention on Cybercrime in changing Law no. 11 of 2008 concerning Information and Electronic Transactions focuses on forms of legal protection against cybercrime before and after the passage of the Electronic Information and Transaction Law (UU ITE) and the urgency for ratification of The Convention on Cybercrime in Indonesia. In this study using a type of normative research. Based on the results of this study it is known that the Urgency of Adopting the Convention on Cybercrime in Amending Law No. 11 of 2008 concerning Information and Electronic Transactions, especially the form of legal protection against cybercrime before and after the passage of the Electronic Information and Transaction Law and the urgency of ratifying The Convention on Cybercrime in Indonesia, so that in cases of cybercrime or Cybercrime in Indonesia. Based on the provisions of the Convention on Cybercrime, cybercrime offenses are generally regulated in the convention. However, every country is given the opportunity to develop and adapt to the needs of that country without putting aside the interests of the international community. Therefore, the law used is neutral, and the form of punishment regulated in the Convention on Cybercrime is a minimum standard provision. If adopted,The urgency of adopting the norms of the Convention on Cybercrime in changing Law no. 11 of 2008 concerning Information and Electronic Transactions is to complement the weaknesses of the Act regarding international cooperation.This of course can make it easier for the Indonesian government to tackle cyber crime through international cooperation mechanisms.

Providing Employment Opportunities For Refugees in Indonesia : Positive And Negative Effects

Muhammad Havez, Susi Susanti, Ninin Ernawati — Sun, 31 Dec 2023 08:15:39 +0000

International refugee cases have always been a relevant topic for discussion because this topic still needs a solution. Indonesia, as a transit country, has optimally assisted refugees. However, refugees living in Indonesia still often complain that IOM's assistance has been inadequate and insufficient to meet family needs. This research discusses what the Indonesian government is doing to protect refugees. Furthermore, can the right to work for refugees be granted in Indonesia. This research concludes that the Indonesian government builds residences and provides educational, religious, and other facilities to asylum seekers. Granting the right to work for refugees can be given to asylum seekers, but they can only be given the right to work in the government sector as laborers. A concrete example is being a laborer on government tea plantations. They may be paid by the Indonesian government but are managed by the government and cannot freely determine the job they want.

Examining Israel's Military Action in Gaza: Self-Defense, Legitimacy, and International Law Compliance

Ayu Riska Amalia — Thu, 11 Jan 2024 06:43:55 +0000

Israel asserts that its military intervention in Gaza following the Hamas attack on October 7, 2023, was a justified act of self-defense in accordance with international law. The resulting consequences of Israel's offensive included the destruction of residential dwellings, public facilities, medical centers, educational institutions, places of worship, and other essential infrastructure. The casualties amounted to tens of thousands of civilians, predominantly women and children, with millions of Gazans being displaced. This study will examine at least two critical aspects: the legitimacy of Israel's right to self-defense against Hamas in Gaza and the compliance of Israel's military operations with humanitarian law. The research methodology employed in this study involves normative legal analysis, which entails an examination of various international legal provisions. This paper contends that, based on international law, Israel's actions cannot be construed as self-defense due to their failure to satisfy the criteria stipulated in the United Nations Charter. Additionally, Israel's military operations in Gaza are found to contravene the fundamental principles of International Humanitarian Law