Mulawarman Law Review

UNCLOS Definition of Piracy: Is it still Relevant for Modern Piracy?

2022-12-05T07:25:01+00:00

Nowadays, piracy as one of crimes at sea has formed in different ways compared to the historical counterparts. On the past, the act of piracy consisted of first approaching the ship, then fighting it, and finally seizing it before escaping in another vessel. Meanwhile, in recent times, more sophisticated kinds of piracy are launching their assaults with the help of cutting-edge technology. However, due to UNCLOS's restricted definition of piracy, it is challenging to combat such modern forms. According to experts, one of the greatest barriers to tackling piracy is its restricted and vague definition. This research aims to analyse the applicability of the UNCLOS definition of maritime piracy considering its new developments. This research method consists of doctrinal and library-based research. The previous and recent cases are contrasted to investigate definitional issues. The study revealed that UNCLOS's ambiguous and unclear definition of piracy has caused problems. Regarding contemporary piracy, the UCLOS approach is insufficient to combat well-organized pirate attacks in the modern world.

Public Participation in Constitutional Amendments with Deliberation Requirements in the Unamendability Framework: A Comparative Study

2022-12-08T14:31:46+00:00

From time to time, it is considered that Constitutional Amendments are lack of public participation and contains political aspects. Therefore, many nations regulate certain provisions to ensure that the Constitutional Amendments are merely for public order and welfare. One of the provision is the temporal unamendability. In the shape of deliberation requirements, which is essentially the involvement of the public in submitting constitutional amendments within a certain time limit. Indonesian Law doesn’t recognize the concept of deliberation requirements, therefore, the authors will analyze Sweden and South Korean Law, two countries that are also using civil law system and have regulated deliberation requirements in submitting constitutional amendments. This paper will discuss two problems: 1) the legal provisions for constitutional amendments in Indonesia, Sweden, and South Korea, and 2) the guarantee model for public participation in constitutional amendments using the deliberation requirements model. This paper uses legal research method, with a conceptual, statutory, and comparative approach. The results show that Sweden and South Korean Law have involved both the public and the Representative Body to determine wether constitutional amendment will be performed, meanwhile Indonesia hasn’t involve the public to vote for a constitutional amendments. Therefore, to guarantee public participation in constitutional amendments, the authors provide a model which include the public participation through vote or referendum to decide a constitutional amendments and a period of time to file for constitutional amendment.

Degradation of Authority and Institution of The Honorary Council Election

2022-10-28T03:48:30+00:00

This article discusses the position of the DKPP after the Constitutional Court Decision Number 32/PUU-XIX/2021 and the power of its decision. As is known, after the Constitutional Court Decision Number 32/PUU-XIX/2021, the DKPP Decision, which was originally final and binding, became unconstitutional if it was not interpreted as only binding on the President, KPU, Provincial KPU, Regency/City KPU and Bawaslu. The research method used is a legal research method using statutory approach, historical approach, and conceptual approach to be able to find new formulation of DKPP structuring design after Constitutional Court Decision Number 32/PUU-XIX/2021. The results of this study found that the weakening of the authority of the DKPP through the decision of the Constitutional Court Number 32 / PUU-XIX / 2021, should also be followed by the weakening of the DKPP institution, because after the final and binding character is weakened by the Constitutional Court, the DKPP no longer has the urgency to be used as a permanent institution. The Constitutional Court should affirm the institutional status of the DKPP as part of the institution exercising judicial power, so that the DKPP has a more definite status and its decisions remain final and binding.

Implication of Coal Mining Permit Governance to Environmental Degradation in East Kalimantan

2022-12-24T14:17:51+00:00

This article analyzes the regulation dynamics regarding coal mining permit governance and its impact on environmental degradation. This paper addresses two main issues. First, it explores the dynamics of coal mining regulations and to what extent they create legal uncertainty in coal mining permit governance. Second, it investigates the implications of the legal uncertainty to the environmental damage around the mining sites. The findings demonstrate that two factors have driven policies and laws in the coal mining sector for over a decade. First, coal mining legislation relates to other industries such as the environment, forestry, spatial planning, and regional governance. Besides, the regulations are multi-level, where the authority lies with the central, provincial, and district/city governments. The second is legislative capture, where licensing legal norms are "co-opted" by particular economic interests. Such policies and laws dynamics lead to uncertainty in the permit governance of the coal mining sector. Further, the legal uncertainty that makes a permit has failed to control coal mining activities and protect citizens' access to a good and healthy environment. On the contrary, permit demonstrated the opposite role: becoming a legal instrument that drives environmental damage and pollution.

Are there International Labour Standards? Case of Migrant Workers’ Exploitation in Italy

2022-12-15T13:41:08+00:00

The increasingly fierce competition in the world of work has an impact on people getting jobs. The condition makes most people become migrants by traveling to other countries to find a job for a decent life in the future. However, the work that migrant workers get is often not as expected, so the rights of migrants are often not fulfilled. The amount of violence in the world of work and the non-fulfillment of the rights of migrant workers in Italy is an act that violates human rights. Therefore, the authors wrote this article by using normative legal research method to analyze migrant workers in Italy who are exploited by forced labor and the lack of protection regarding the minimum wage for migrant workers and also aims to analyze the role of the International Labour Organization as an organization that protects the rights of migrant workers, including protection from violence and protection of the minimum wage for migrant workers in Italy. The result shows that there is an urgency for Italy to ratify the Minimum Wage Convention on the grounds that it diminishes the exploitation of migrant workers and provides binding legal force for the sake of migrant workers.