PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)最新文献

Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law 基于国际法的Covid-19大流行期间的港口拒绝和限制政策

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2020-12-01 DOI: 10.22304/PJIH.V7N3.A5

Angela Jessica Desmonda

{"title":"Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law","authors":"Angela Jessica Desmonda","doi":"10.22304/PJIH.V7N3.A5","DOIUrl":"https://doi.org/10.22304/PJIH.V7N3.A5","url":null,"abstract":"As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port is under the sovereignty of respected coastal state. The state is free to implement any policies. Without any permit, foreign ships are not allowed to enter and dock at the port of the coastal state. However, in a situation of danger or distress, foreign ships have the right to enter port. The IHR 2005, as a special instrument dealing with public health, also provides an opportunity for coastal state to prevent ship embarking and disembarking passengers if the ship is exposed to a pandemic disease, such as Covid-19. In such case, foreign ship may be prohibited from entering and docking at port of coastal state. On the other hand, in a situation of danger or distress, foreign ship has the right to enter port. In contrast, the 1923 Port Convention gave permission to state to close ports in urgent situation that endangered national security.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128795266","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}

引用次数: 1

Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali 集体商标作为巴厘Dupa Harum Kekeran品牌联合保护的备选方案

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2020-04-01 DOI: 10.22304/PJIH.V7N1.A4

A.A.A Gorda, Resti Anggreni

{"title":"Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali","authors":"A.A.A Gorda, Resti Anggreni","doi":"10.22304/PJIH.V7N1.A4","DOIUrl":"https://doi.org/10.22304/PJIH.V7N1.A4","url":null,"abstract":"In Kekeran Village, Penebel District, Tabanan Regency, people’s understanding on the importance of legal protection of Intellectual property rights over brands are not well-established. In the village, Dupa Harum Kekeran, a kind of fragrance incense, is the product of a group of women. They use the Kekeran logo; and the logo has not been registered to the Directorate General of Intellectual Property Rights. Brand is a sign that enables customers to identify and differentiate products of companies. As a differentiator, it can also be a marker of an item’s reputation. The study employed an empirical legal research method by using primary and secondary data which were analyzed descriptively and qualitatively. The study concludes that collective trademark can be used as an alternative of legal protection. It can be used to reduce business competition in the Tabanan Regency. Legal protection is preventive and can be used together to reduce the level of business competition among the makers of Dupa Harum Kekeran. In particular, the business competition is managed by the home industry. Therefore, legal protection through a collective trademark can be more effective and efficient. The government has to cut the bureaucracy of brand registration and the trademark registration can now be done online. The role of the government in efforts to provide the collective trademark protection can be said to be very optimal.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114695477","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}

引用次数: 0

The Binding Force of the Nuclear Disarmament Obligation upon North Korea and Its Legal Implication under International Law 核裁军义务对朝鲜的约束力及其国际法下的法律含义

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2020-04-01 DOI: 10.22304/PJIH.V7N1.A7

D. Christianti, Jaka Rizkullah

{"title":"The Binding Force of the Nuclear Disarmament Obligation upon North Korea and Its Legal Implication under International Law","authors":"D. Christianti, Jaka Rizkullah","doi":"10.22304/PJIH.V7N1.A7","DOIUrl":"https://doi.org/10.22304/PJIH.V7N1.A7","url":null,"abstract":"Article VI of the 1968 Nuclear Non-Proliferation Treaty (NPT) requires all state parties to disarm nuclear weapon. Following its official withdrawal from NPT in 2003, North Korea maintains to develop its nuclear weapon and conducts several nuclear tests. Moreover, it even proudly declared as a nuclear state in its Constitution's preamble. It also argues that the nuclear weapon developments and tests were conducted within their territory and, currently, North Korea is not bound by any treaty prohibiting such developments and tests. The statement is strongly opposed by the international community, particularly their neighboring states: Japan and South Korea. This article argues that the obligation to disarm nuclear weapon deriving from the NPT still binds North Korea since such obligation has reached the status of customary international law and consequently binds every state unless such state persistently objects the rule from the beginning of its formation. In this case, North Korea has failed to prove itself as a persistent objector due to the fact it used to be a party to the NPT. This article also argues that, according to 2001 ILC Articles, Japan and South Korea still have a proper legal basis to claim for reparation against North Korea despite the fact that they are not specifically affected by North Korea’s conducts.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127529860","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}

引用次数: 0

The Role of the People in the Amendment of the 1945 Constitution Based on Democratic Constitution Making: Future Prospects 人民在以民主制宪为基础的1945年宪法修改中的作用:未来展望

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2020-04-01 DOI: 10.22304/PJIH.V7N1.A2

Muhammad Jamaluddin

{"title":"The Role of the People in the Amendment of the 1945 Constitution Based on Democratic Constitution Making: Future Prospects","authors":"Muhammad Jamaluddin","doi":"10.22304/PJIH.V7N1.A2","DOIUrl":"https://doi.org/10.22304/PJIH.V7N1.A2","url":null,"abstract":"The amendments to the 1945 Constitution allegedly are not in line with the expectations of a democratic constitution. In fact, the role of the people in four amendments to the 1945 Constitution was very limited. The people who were involved in the amendment processes represented limited number of groups. Incidentally, only people with important and dominant powers were involved. The people were also not involved from the beginning of the amendment processes. Therefore, the role of the people in the amendments had not been carried out optimally. The results of the study show that the role of the people directly and actively in the amendment could increase transparency and public trust towards the government. The people are expected to be more responsive, accommodating, aspirational, and participatory to give rise to a match between the will of the people and the wishes of the government in the realization of the ideals of the Indonesian nation. The direct and active role of the people can be realized through conventional media, print media, and electronic media in a structured and systematic manner. It is expected that the people’s role will be able to strengthen the Indonesian constitutional system and economic, political, social, and cultural stability, as well as the defense and security of the Republic of Indonesia. In addition, the direct involvement of the people is expected to be in line with the optimization of the role of the Constitutional Court as the ‘guardian of the constitution’ to maintain the purity of the 1945 Constitution.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123782052","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}

引用次数: 0

The Responsibility of the People’s Republic of China for Alleged Human Rights Violations against the Uighurs 中华人民共和国对涉嫌侵犯维吾尔人人权的责任

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-12-01 DOI: 10.22304/pjih.v6n3.a10

H. Taris

引用次数: 1

The Rule of Law for the Right to Inclusive Education in Indonesia 印尼全纳教育权的法治建设

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-12-01 DOI: 10.22304/pjih.v6n3.a9

Maya Indrasti, Faridah Jalil

{"title":"The Rule of Law for the Right to Inclusive Education in Indonesia","authors":"Maya Indrasti, Faridah Jalil","doi":"10.22304/pjih.v6n3.a9","DOIUrl":"https://doi.org/10.22304/pjih.v6n3.a9","url":null,"abstract":"Indonesia is committed to guarantee the right to education for all citizens without exception. The commitment of Indonesia to Education for All (EFA) leads to the fulfillment of inclusive education policies. The people of Indonesia tend to understand inclusive education as education for people with disabilities. On the other hand, inclusive education has a broader meaning, which does not refer only to special education. Furthermore, it also covers education with special services. The essence of inclusive education is to remove barriers that limit all marginalized learners, to respect diversity and needs, to create patterns of education without discrimination, and ultimately to achieve quality education. People’s understanding leads to questions about inclusive education in legal context, as well as the rules of inclusive education in Indonesia. This paper contains a qualitative study with a historical-doctrinal approach. The study aims to explain the right to inclusive education listed in the rules and regulations in Indonesia and their problems. From the normative point of view, the rules on inclusive education are regulated in the Law Number 8 of 2016 on Persons with Disabilities and the Regulation of the Minister of National Education Number 70 of 2009. Furthermore, the rules of inclusive education can also be found in several other regulations implicitly. Most of the rules have stipulated provisions that include the right to education. Therefore, the Government appears to be progressively realizing the respect, protection, and fulfillment of the right to education, including inclusive education, for all people of Indonesia.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130033739","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}

引用次数: 1

Juridical Study on the Optimization of Cash Waqf Management by Islamic Banking in Indonesia 印尼伊斯兰银行现金资产管理优化的法律研究

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-12-01 DOI: 10.22304/pjih.v6n3.a1

T. Asmara, Lastuti Abubakar

{"title":"Juridical Study on the Optimization of Cash Waqf Management by Islamic Banking in Indonesia","authors":"T. Asmara, Lastuti Abubakar","doi":"10.22304/pjih.v6n3.a1","DOIUrl":"https://doi.org/10.22304/pjih.v6n3.a1","url":null,"abstract":"Cash waqf is an innovative instrument of waqf aiming to create social welfare. It is expected that cash waqf enables extensive public participation to support social welfare. However, in reality, cash waqf management in Indonesia has not yet resulted optimal benefit. Based on the Law Number 41 of 2004 on Waqf, three institutions carry out cash waqf management. They are the Indonesian Waqf Board as the collector and the developer, Nazhir as the manager, and the Islamic Financial Institution as the collector. The three institutions make the cash waqf management and development ineffective and not optimal. Based on the data from the Indonesian Waqf Board, of the total potential cash waqf IDR180 Trillion, only IDR400 billion was realized. This study is a normative juridical legal study employing descriptive method. The results reveal that the role of the Islamic Financial Institution, Islamic bank, as collector can actually be expanded. Thus, it covers the management and distribution roles like a Waqf Bank in Bangladesh, the Social Islami Bank Ltd. (formerly known as Social Investment Bank Ltd). Islamic bank has capability and professionalism of management and distribution of funds generated from the cash waqf.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133143022","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}

引用次数: 6

Challenges and Opportunities of the Establishment ASEAN Open Skies Policy 建立东盟开放天空政策的挑战与机遇

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-12-01 DOI: 10.22304/pjih.v6n3.a3

D. Heriyanto, Y. Putro

{"title":"Challenges and Opportunities of the Establishment ASEAN Open Skies Policy","authors":"D. Heriyanto, Y. Putro","doi":"10.22304/pjih.v6n3.a3","DOIUrl":"https://doi.org/10.22304/pjih.v6n3.a3","url":null,"abstract":"Open skies policy is a concept of free market of airline industry. It eliminates single government’s influence in regulation and management of aviation industry. As implemented by the ASEAN Single Aviation Market (ASEAN-SAM) per 2015, the open skies policy aims to increase regional connectivity and regional economic growth by permitting airline industries from each ASEAN member states to fly above the Southeast Asian region without any barriers or restrictions. This policy has raised pros and cons from each ASEAN member state. Indonesia and some other states are still reluctant to adopt the open skies policy. By entering into commercial agreement to open their airspace, each member states will challenge their state sovereignty over the airspace above a state’s territory. This study argues that regional open skies policy provides greater economic advantages for the consumers of airline industry. However, this policy does not parallel to the basic principles of ASEAN. State sovereignty must be preserved in the liberalization that open skies represents. ASEAN Way, though inflexible, assigns member states with full sovereignty, which does not limit open skies policy implementation. This study, then, proposed legal framework through model of regional agreement to compromise between the state sovereignty principles and the regional open skies policy.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127058411","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}

引用次数: 2

[BOOK REVIEW] Refugees, Regionalism, and Responsibility [书评]难民、地方主义与责任

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-12-01 DOI: 10.22304/pjih.v6n3.a11

Jenica Alva

引用次数: 0

Critical Review of Indonesian Government Legal Policies on The Conversion of Protected Forests and Communal Lands of The Indigenous Batak People around Lake Toba 对印度尼西亚政府关于托巴湖周围土著巴塔克人保护森林和公共土地转换的法律政策的批判性审查

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pub Date : 2019-12-01 DOI: 10.22304/pjih.v6n3.a2

Imamulhadi Imamulhadi, N. Kurniati

引用次数: 1