The Digest: Journal of Jurisprudence and Legisprudence最新文献

{"title":"Pola Penerapan Sanksi Administratif Bagi Perusahaan Penyedia Jasa Tenaga Kerja Indonesia Terhadap perlindungan Buruh Migran Indonesia di Luar Negeri","authors":"Pratama Herry Herlambang, Tri Sulistiyono, Masyita Isnadya Risky Salsabila","doi":"10.15294/digest.v3i1.58370","DOIUrl":"https://doi.org/10.15294/digest.v3i1.58370","url":null,"abstract":"Iming-imingi upah yang besar menjadi pekerja migran diluar neeri juga dibayangi-bayangi akan resiko yang juga sama besarnya. Jumlah perpindahan pekerja dari tanah air ke negeri asing semakin lama semakin meningkat . Resiko yang besar dan minat yang tinggi menyebabkan buruh migran sebagai pihak yang rentan terenggut haknya olehkarena itu perlu dilindungi oleh negara. Penelitian ini berusaha mengkaji mengenai penerapan pola sanksi yang didapat oleh perusahaan penyedia jasa tenaga kerja sebagai buruh migran dan perlindungan bagi  buruh migran Indonesia. Penelitian dilakukan dengan menggunakan pendekatan yuridis empiris dimana realita yang terjadi dilapangan dikaji dan dikomparasi dengan ketentuan hukum yang berlaku. Tujuan untuk mengetahui seperti apa perlindungan hukum bagi pekerja migran dan sanksi bagi Penyedia Jasa Tenaga Kerja Indonesia","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125274328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Putusan Mahkamah Internasional dalam Kasus Sengketa Indonesia-Malaysia Mengenai Pulau Sipadan dan Ligitan","authors":"Choirunnisa Nur Novitasari","doi":"10.15294/digest.v2i2.48638","DOIUrl":"https://doi.org/10.15294/digest.v2i2.48638","url":null,"abstract":"Disputes between Indonesia and Malaysia in the International Court of Justice on the issues of the islands of Sipadan and Ligitan continued to roll throughout the year until 1997 both countries raised this issue in international law. The two islands which are located in the center of Indonesia, precisely in the Makassar Strait, were finally won by the Malaysian side on December 17, 2002 The Court finally decided that Malaysia is the party that has full sovereignty over Sipadan Island and Ligitan Island. In its decision. The court made the doctrine of \"ejfectivites\" the main consideration for declaring Malaysian ownership of the two islands. According to the Court, the conventional Indonesian title claim and the OlY Malaysia chain of title claim are as weak as they cannot provide legal evidence that can support their respective ownership claims in the two disputed islands. The Court also believes that there is no authentic documentary evidence that can be sure that the two disputed islands belong to the Dutch or British territories. after various international legal channels taken by these two countries because it is based on several factors, namely: continuous presence, effective occupation, management and preservation of nature. This was confirmed in the Report of the International Court of Justice 1 August-31 July 2012, the decision of the International Court of Justice was carried out through bargaining led by presiding judge Gilbert Guillaume from France who established Malaysia as having sovereignty over the islands of Sipadan and Ligitan. Thus Malaysia has the right to draw a base line as its boundary to the outer points of Sipadan Island and Ligitan Island. As a friendly country, diplomatic relations between Indonesia and Malaysia were disrupted at that time due to the overlapping claims between Indonesia and Malaysia over the islands of Sipadan and Ligitan, which emerged since 1967, but as we know, based on The Hague's two conventions on resolving international disputes this, the countries (members) make maximum efforts to resolve international disputes peacefully. For this purpose, as long as the situation still permits or permits, the parties agree to submit their dispute to good services, mediation or the commission of inquiry to settle their dispute (diplomatic means) therefore a peaceful path is pursued by the two countries cannot do big things as a form of change in accordance with their wishes.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115283579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How the Judgement Effective? The Role of United Nations in Conflict Resolution Between Palestine and Israel","authors":"Muhammad Fauzan Millenio","doi":"10.15294/digest.v2i2.48637","DOIUrl":"https://doi.org/10.15294/digest.v2i2.48637","url":null,"abstract":"The conflict that still occurred between Palestine and Israel is one of the most complicated conflicts in the world, which even until modern times and human rights are increasingly held in high esteem today, the conflict has not yet come to light and cannot be resolved. If in total, even up to millions of victims died due to the conflict both from the parties involved and even the civilian population ranging from toddlers to the elderly. This has invited the sympathy and attention of various countries in the world. However, due to complexity of the conflict, countries on the world that want to help resolve the conflict have not been able to help and contribute optimally. Even the UN, which is a world peace organization, is not yet able to work optimally. Many people accuse that the main cause is the United States. The United States considered to be the mastermind behind the conflict so that the conflict has not been resolved to date. The United States which is an ally of Israel always makes various efforts that are precisely considered beneficial to Israel. Even though they are criticized by various countries, because of their power it does not make America afraid and even stays strong so that countries that condemn American actions cannot do big things as a form of change in accordance with their wishes.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127002804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Political Crisis and The Politics of Religious Divisiveness in Nigeria’s Fourth Republic","authors":"Oluwaseyi Oyetunbi, O. Akinrinde","doi":"10.15294/digest.v2i2.48586","DOIUrl":"https://doi.org/10.15294/digest.v2i2.48586","url":null,"abstract":"The relationship that exists between politics and religion cannot be over-emphasized in Nigeria polity since the evolution of a sustainable democracy which has heightened the relevance of religion in our society. Religion has been identified as one of the factors that have divided the people of Nigeria who are divided already by many phenomena that are of nature. The diversities engineered by cultures, customs, traditions and values are not as potent as religion in dividing the people, ensuing conflict, creating a paradise for favoritism, generating riot and insurgence. Religious leaders have become force to reckon with in the country, many of them become politicians out of the blues because of their influence on the mindset of their members to decide as regard electioneering activities. However, politics needs to be guided by religion ideally, evidently most policies fabricated, go in line with dogmas of either Christianity or Islam before other indexes may follow.  People are better divided by religion.   This paper focuses on examining the influence of religion on politics in Nigeria’s fourth republic using the Boko-haram insurgence as the major yardstick to establishing the impacts of religion on the divisive Nigeria.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130443399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Daya Ikat Putusan Mahkamah Internasional: Analisis Penyerangan Militer dan Paramiliter Amerika Terhadap Nikaragua","authors":"Faizal Fahri","doi":"10.15294/digest.v2i2.48636","DOIUrl":"https://doi.org/10.15294/digest.v2i2.48636","url":null,"abstract":"The problem raised in this paper is that the use of military and paramilitary forces carried out by America violates state sovereignty and international law regarding state relations (America and Nicaragua). State sovereignty gives the right of responsibility to protect the sovereignty of its people, respect and fulfill the rights of its citizens and cooperate in the international community. However, in this dispute, state sovereignty is violated by internal members of the country, especially by members of the American military and paramilitaries. Although America believes the use of force by military and paramilitary members as a means of self-defense. This study was conducted by examining relevant decisions and facts from international law, customary international law, general principles of law, international treaties, conventions, declarations and decisions of international Court of Justice (ICJ). The Nicaragua case is a legal dispute that falls under the jurisdiction of the International Court of Justice in which Nicaragua has adopted methods in accordance with international legal procedures but the United States has rejected the decision of the International Court of Justice.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115988004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Territorial Limitation Dispute and Its Settlement Between Peru and Chile","authors":"Fitria Ida Rosita","doi":"10.15294/digest.v2i2.48641","DOIUrl":"https://doi.org/10.15294/digest.v2i2.48641","url":null,"abstract":"In a country usually consists of an area in the form of land, an area in the form of oceans, and airspace. Sometimes these areas must be directly adjacent to other areas of the country, with this the State should have responsibility regarding the boundaries of its country to determine and claim that the position and boundaries are the property of its country, and are required to register the territory with the United Nations. The sea border dispute that occurred between Chile and Peru began when the two countries were adjoining territories after Bovilia surrendered its maritime territory to Chile resulting from losing the Pacific War in 1883. Then in 1947 Peru and Chile stated in their own way that sovereignty over the sea, which is 200 miles along the coast of each of the Chilean and Peruvian countries. The Peruvian president denies that the maritime zone between Chile and Peru has never been based on legal agreements. But on the other hand Chile claims that both parties have agreed to limits in the sea zone measured from the shoreline that runs along parallel latitudes","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"2011 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128205491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Extradition Agreement Between Indonesia and Australia: Case of Adrian Kiki Iriawan Extradition","authors":"Rini Rumiyati","doi":"10.15294/digest.v2i1.48631","DOIUrl":"https://doi.org/10.15294/digest.v2i1.48631","url":null,"abstract":"Law is a tool to create justice and create peace of society. State money is something that must be accepted as a right for all Indonesian people, but many are misusing state money for their own benefit. Corruption is an extraordinary crime that harms the state, and hurts justice in society. Not only does it commit corruption, it is more sad that many corruptors are absent from the obligation to account for their actions. There are many ways by corruptors to escape the responsibility of prosecution, one of which is by fleeing to other countries. With the escape of the corruptor to another country, the country of origin experienced a huge loss. The first is because the person has caused material losses with a very large amount in which the money should be a right of the people of Indonesia, the second is to escape the corruptor to a foreign country of course this will hurt justice in the community because the corruptor can still live a comfortable life with the proceeds of the crime while many of the people who live in need. But what is wrong is still guilty and must get the punishment that should be in accordance with applicable regulations. It was not only the Indonesian people who condemned the Corruption Act, but the international community also began to pay attention to these actions. Extradition is an expression of the attention of the international community towards corruption. Extradition can be a solution in the event that the perpetrator escapes from his responsibility and runs away abroad, so that the person cannot be free from punishment. Adrian Kiki Iriawan is one of the Indonesian corruptors who escaped from his responsibilities and is hiding in a foreign country, he is a convict in the case of Bank Indonesia liquidity assistance, he used state funds amounting to 1.5 trillion for his own interests.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128605900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penyelesaian Sengketa Pencemaran Laut Timor Akibat Kebocoran Sumur Minyak Montara Australia Antara Indonesia dan Australia","authors":"Maya Dwi Ambarwati","doi":"10.15294/digest.v2i1.48633","DOIUrl":"https://doi.org/10.15294/digest.v2i1.48633","url":null,"abstract":"This paper analyze the resolution of the Montara oil spill dispute between Indonesia and Australia. Analyze the responsibility of the Australian state for Timor Sea pollution due to the Montara oil leak. The analysis uses normative legal research using a statutory approach (statue approach), a conceptual approach, and a case approach. Whereas the settlement of the Montara oil spill dispute between Indonesia and Australia used a negotiation method whereby the Indonesian state filed a claim against Australia and demanded compensation for the effects of the oil spill, but Australia rejected the negotiations and the negotiations were unsuccessful. The form of responsibility of the Australian state is absolute, but in reality, if the responsibility seen or carried out is not in accordance with UNCLOS III 1982 because the Australian state is a drilling country carried out then giving permission to Thai companies in the ZEE region of the country.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122775659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Illegal Immigrants Between Indonesia Australia: How the Law and Policy Solving the Problems?","authors":"Dava Irfani Wicaksono","doi":"10.15294/digest.v2i1.48635","DOIUrl":"https://doi.org/10.15294/digest.v2i1.48635","url":null,"abstract":"In the recent years, cases of illegal immigrants from Indonesia to Australia have been escalated, so Australia itself created a rule that functioned for those dark or illegal immigrants were unable to enter the Territory Australia. The rules are the policy of the rule of the country and the third policy and whether Indonesia itself is a sovereign state that has had an excellent policy in resolving cases of illegal or ilelal immigrants within its territory Own. With the methodology of the juridical approach of Normative, using primary and secondary data, studying and evaluating several principles and legal norms relating to the sovereignty of the State and illegal immigrants obtained from libraries and regulations Then in a qualitative descriptive analysis to derive conclusions. In Indonesia's policy must have been regulated through LAW No. 6 of 2011 on immigration, which is where there is a solution in the case of dark immigrants. But this is still not effective in handling the issue of illegal immigrants and is a partial where it still makes illegal immigrants or illegally victims of casualties and the absence of sanctions and deterrent effects against them. Indonesia should make the national sovereignty principle a guideline for making regulatory policies regarding illegal immigrants.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115647106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The War of Yemen and The International Court Decision: A Houthi Case Fighting","authors":"Olivia Shinta Indriarto","doi":"10.15294/digest.v2i1.48632","DOIUrl":"https://doi.org/10.15294/digest.v2i1.48632","url":null,"abstract":"In the existence of international relations, of course there are not only positive things but also negative things, one of which is that it can cause a conflict within or that can be called an international dispute. An international dispute is a dispute between subjects of international law that can be about facts, law or politics in which a claim or inclusion of one party is rejected, claimed back or denied by another party. International disputes themselves are also based on type and type. Based on the type there are political disputes and also legal disputes. International disputes can also occur due to many factors such as terrorism, the ruling regime in a country, culture, territorial territoriality, a country's intervention on the sovereignty of another country, natural resources, foreign policy that is too flexible or otherwise too rigid, moral elements , itas and politeness of the nation, the problem of claims of national or territorial power boundaries, economic problems and many more which are of course related to subjects in international law. Yemen is a country that is currently experiencing an international dispute. The Yemeni War is a war that is a continuing war. This war began in 2015 or four years ago. In the Yemen war it was also called a civil war involving two parties namely Abdrabuh Mansur Hadi who led the Yemeni government (officially recognized by the International) with an armed movement called the Houthis and their supporters. So these two camps both claim that they are the official government of Yemen. The war is ongoing. The Ansar Allah group, which is often referred to as Ansarullahh or Houthi, is a Zaidi group originating from the Governor of Sa'dah in the mountains on the northern border of Yemen with Saudi Arabia. This conflict continued to occur continuously during the 2000s which sometimes experienced an increase and shrinkage. Some steps have also been taken to resolve this conflict but during the negotiations failed.","PeriodicalId":141082,"journal":{"name":"The Digest: Journal of Jurisprudence and Legisprudence","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133765961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}