Conventional Law Research Articles

Analysis of the determinants of success of maritime security and resilience strategies moderated by risk management and resources multiplier in the Indonesia’s Archipelagic Sea Lane II

Indonesia has ratified United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) through Law No. 17 of 1985 concerning the ratification of the 1982 Law of the Sea Convention, thus binding Indonesia to the rights and obligations to implement the provisions of the 1982 convention, including the establishment of the three Northern-Southern Indonesia’s Archipelagic Sea Lane (ALKI). The existence of the three ALKI routes, including ALKI II, has led to various potential threats. These violations not only cause material losses but, if left unchecked and unresolved, can also affect maritime security stability, both nationally and regionally. The maritime security and resilience challenges in ALKI II have increased with the relocation of the capital, which has become the center of gravity, to East Kalimantan. The research in this article aims to identify and analyze the factors influencing the success of maritime security and resilience strategies in ALKI II. The factors used in this research include conceptual components, physical components, moral components, command and control center capabilities, operational effectiveness, command and control effectiveness, and the moderating variables of resource multiplier management and risk management to achieve maritime security and resilience. This study employed a mixed-method research approach. The factors are modeled using Structural Equation Modeling (SEM) with WarpPLS 8.0 software. Qualitative data analysis used the Soft System Methodology (SSM). The results of the study indicate that the aforementioned factors significantly influence the success of achieving maritime security and resilience in ALKI II.

The Role of The International Court of Justice ICJ in Redressing the Environmental Damages Caused by States During Wartime

Over the past century, it has been more evident that one manifest consequence of conflict is the detrimental impact on the environment. Although there has been beneficial growth in international environmental law, the environment has nonetheless suffered from following international armed conflicts, including the Kosovo conflict, the Iraq war, the Israel-Lebanon war, and Ukraine. In fact, there has been no legal responsibility imposed on any State for violating the responsibilities outlined in Articles 35 and 55 of Additional Protocol I. Remarkably, the International Court of Justice ICJ has acknowledged that environmental damage is eligible for compensation and to take "active restoration measures". the main problem is that the environmental damage persists even after the war has ceased. This article attempts to analyze the strengths and weaknesses of the State responsibility for environmental damage during wartime before the ICJ. This article shows the significant contributions from ICJ to protect the environment but while also showing the ambiguity related to the development of reparation for the damage caused during wartime. The purpose of this article is to examine the extent to which international law could apply to environmental damage in wartime. How much environmental damage needs to happen how much reparation must be deliberated? The article explores a methodology for evaluating environmental damage caused during a conflict by the ICJ and takes the lessons learned from the jurisprudence of the ICJ to determine the appropriate amount of compensation for such damage. This article examines the ineffectiveness of the current international legal framework for dealing with environmental damage during wartime. It provides an overview of the historical context of environmental damage in armed conflicts and a review of existing customary and conventional laws.

Micrographs of intangible space. Triptychs, paintings, and glass-graphs of habitable architectures

The Garden of Earthly Delights (1490-1500) is a triptych with three panels depicting paradise and hell. These panels require the viewer to fold and close them to obtain a new perspective: the creation of the world. In this work, Bosch portrays small air pockets that suggest encapsulated architectures and introspective spaces, where conventional laws seem to have vanished. This essay highlights these tiny spaces inserted in the architectural environment. Triptychs, instead of being painted, have acquired a third dimension to form part of works such as Coderch’s Casa Ugalde (1953), Soane’s Casa-Museo (1820), and Gaudi’s Casa Vicens (1885). It is an architectural immersion in three living projects that enables us to compile catalogs of micrographs showcasing "architectural droplets": bubbles trapped within the stained-glass mass, revealing cartographies of an intangible and undiscovered space. Micrographs of intangible space suggest a change in scale, immersing the inhabitant in a micro-world searching for new expressions that enable them to conceive a more vivid and creative form of architecture.

Resolution Nº 351/2020 of the National Council of Justice and the conventionalization of Law: the conceptual revisitation of moral harassment and the safe and healthy working environment right

Violence in the working environment is a phenomenon that challenges workers, employers and the Public Administration in combating and eliminating it. Among the multiple types of hostile acts is moral harassment, which, although it appears as a psychosocial risk in Brazilian labor relations, has not been autonomously disciplined by any federal law of private law, relegating the adequate implementation of the fundamental human right to a safe and healthy work environment. In this context, since 2019, the International Labor Organization (ILO) has included Convention No. 190 in its normative list, which deals with the elimination of violence and harassment in the world of work. In Brazil, the theme, within the scope of work relationships occurring in the Judiciary, is guided by Resolution No. 351/2020 (and its subsequent amendments) of the National Council of Justice, which established the Policy for the Prevention and Confrontation of Moral Harassment, of Sexual Harassment and Discrimination. This article aims to identify and trace evolutionarily the position of the National Council of Justice regarding the material aspect of the ILO's conventional law, notably regarding the concept of moral harassment, taking into account the minimum duty of conventionalization of the Law, even in the face of non-ratification of the commented international treaty. It concludes that, originally, the text of Resolution No. 351/2020 chose a criterion for identifying moral harassment adopted by classical doctrine and Brazilian majority jurisprudence. However, in 2023, imbued with the duty to conventionalize the law and inspired by the guiding nature of the material legal source of treaties on human rights not yet ratified, it aligned itself with the concept of moral harassment enshrined in Convention No. 190, positioning itself on the flank axiological approach to realizing the fundamental human right to a safe and healthy working environment in the sphere of public servants of the Judiciary.

Legalitas Fintech Peer To Peer Lending Pinjaman Online dalam Aspek Hukum Konvensional

Online loans are financial assistance from financial institutions that is done online, which is one proof of the advancement of financial technology (fintech). Online lending or peer to peer lending as a form of financial technology (fintech) is a technological advancement that offers loans with easier and more flexible terms and conditions. The theory used in this research is the theory of legal legality. The theory of legal legality is very relevant to the research made here, because there needs to be legal legality of peer to peer lending in online loans in conventional law considering that the payment system in this illegal online lending and borrowing service has troubled many people, such as intimidative billing, dissemination of personal data, fraud, and sexual harassment through electronic media. The research method used is qualitative descriptive research. The data collection technique or instrument used is library research by studying various books as literature, official documents, laws and regulations, results of previous research, and other literature sources related to the problems studied. The legality of fintech peer to peer lending online loans in the aspect of conventional law is found in the Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services, Law Number: 8 of 1999 concerning Protection of Consumer Protection and Law Number: 11 of 2008 concerning Information and Electronic Transactions and other applicable regulations.

Using the five-factor model of personality to identify an optimal SWAT team member

This study, based on the five-factor model (FFM) of personality, aimed to identify personality traits associated with the most optimal special weapons and tactics (SWAT) team member. SWAT teams are tasked with pre-empting and responding to terrorist threats, conducting hostage rescue operations, and managing situations that exceed the capabilities of conventional law enforcement agencies. The study sought to provide a deeper understanding of how personality traits function within the high-stakes context of these teams. It involved 159 male SWAT officers in active service within the Swedish Police Authority. A work analysis instrument, the Personality Job Profiler (PJP), was administered to these officers, who served as subject matter experts (SMEs) in a comprehensive personality work analysis. Specifically, the study addressed two research questions: How can an optimal SWAT police officer personality profile be operationalized when translated to the FFM of personality? What is the association between this optimal SWAT profile and the ratings of ten Diagnostic and Statistical Manual of Mental Disorders personality disorder profiles, based on the FFM of personality? The findings suggest that successful SWAT officers should exhibit low neuroticism and high conscientiousness, specifically featuring low vulnerability and high levels of competence, dutifulness, and self-discipline. Notably, the SWAT profile differs significantly from personality disorders, such as borderline, schizotypal, dependent, and avoidant, when operationalized with the FFM of personality. These results have significant implications for developing predictors for the selection process and can enhance the selection procedures for future SWAT members. This may also prompt further studies on criteria-related validity using various personality assessment methods.

AUT DEDERE AS ERGA OMNES TO SUPPRESS CIVIL AVIATION CRIMES UNDER THE INTERNATIONAL CIVIL AVIATION LAW: THE ISLAMIC PERSPECTIVE

Aut dedere (extradition) is an erga omnes obligation towards the international community aimed at closing the gate of safe haven so that the international criminal will face the consequence of his heinous act directed at the international community from the requesting state. The term aut dedere has not been used in conventions or treaties until the eighteenth century. This paper examines the necessity of integrating the doctrine of 'aut dedere' (extradition) into International Aviation Conventions to combat civil aviation offenses and seeks to explore its treatment under Islamic law, and the potential for punishment for refusal to extradite offenders. Through doctrinal legal research, the paper reveals that while aut dedere is obligatory under conventional law, it lacks enforceability without associated punishments. Conversely, extradition under Islamic law is deemed mandatory due to its universal nature. The paper underscores the relevance of Islamic jurisprudence in modern international legal frameworks and recommends amendments to International Civil Aviation Organization conventions to enforce extradition provisions and recognize civil aviation crimes as international offences, consistent with Islamic legal principles.

Submarine Infrastructures and the International Legal Framework

The purpose of this paper is to identify weaknesses in the international framework for the protection of submarine cables beyond the sovereign waters of coastal States. To illustrate this, the paper uses a hypothetical case study of what a possible attack on a submarine cable may look like. First, it provides an overview over the applicable framework, with a particular focus on international peacekeeping law (ius contra bellum), the law of the sea, protection against piracy, and criminal prosecution under national criminal law. Various international conventions play a key role in relation to submarine cables. Particularly relevant are the Convention on Submarine Telegraph Cables of 1884, the United Nations Convention on the Law of the Sea of 1982, as well as the peacekeeping regulations of the United Nations Charter of 1949. After outlining the legal framework using the classical methods of treaty interpretation, as well as taking the scholarly literature on this subject into account, the example is subsumed under the various means of protection under international law. The peacekeeping law of the United Nations turns out to be ineffective because, on the one hand, an attack as described in the reference scenario does not necessarily constitute an armed attack in the sense of the UN Charter and therefore cannot be met with military countermeasures. On the other hand, an authorisation by the Security Council cannot be given quickly enough to counter the attack militarily. In addition to that, measures taken in the framework of the Law of the Sea Convention are ineffective due to the exclusive flag State jurisdiction which precludes other States from acting in this matter. An exception to this principle, namely universal jurisdiction to combat piracy, is unlikely to be applied in the context of an attack against a submarine cable. Finally, as result of the exclusive jurisdiction of the flag State and the poor implementation of the international obligations under the Law of the Sea Convention, national criminal law is also inadequate as a repressive means of protection.

Правовое регулирование института розыска, ареста и возврата активов, полученных преступным путем, как формы международного сотрудничества в Республике Ирландия

Introduction. Hodiernal circumstances in the world underline the sparkling growth of organized crime activity. Getting criminal assets is meant to be one the threats that demand rapid response and cooperation of law enforcement bodies and other relevant authorities and officials all over the world. Criminal Assets Bureau is deemed to be such an authority that is entitled to exercise such activity in the Republic of Ireland. Theoretical analysis. Criminal Assets Bureau is authorized to search, freeze and confiscate proceeds of crime. Civil proceedings in assets recovery is the essence of the Irish confiscation procedure. Bureau is empowered to be a plaintiff in pleadings. Therefore, the formal proceeding chain is the following: Criminal Assets Bureau, Garda Síochána, High Court, Ministry of Justice and Equality. Еmpirical analysis. The provisions of criminal justice acts and conventional laws,characterized by the principle of extraterritoriality, regulate the search, arrest and confiscation procedure in the Republic of Ireland. International cooperation and mutual legal assistance matters are vested in a number of laws based on relevant conventions. Results. Organized and joint activity of the Criminal Assets Bureau grants an ability to avoid excessive bureaucratization of the process and accelerate formal cooperation in criminal matters with relevant foreign central authorities and officials.

CHARACTERISTICS OF INDIRECT EVIDENCE TOWARDS PRICE FIXING AGREEMENTS IN THE PERSPECTIVE OF COMPETITION LAW

In the ever-changing landscape of Indonesian business, the pursuit of profits drives actors to engage in intense competition, all regulated by the Business Competition Law. This unique legal field combines both conventional law and economics to address unfair business practices, such as agreements that manipulate prices to deceive consumers. This research focuses on the characteristics of indirect evidence utilized by the Business Competition Supervisory Commission (KPPU) when investigating cases of price-fixing. The goal is to gain a deeper understanding of the legal implications of using indirect evidence within the procedural framework of Business Competition Law in Indonesia. To achieve this, a Normative Research method is employed, utilizing a multi-faceted approach. Through case analysis, statutory examination, conceptual exploration, and comparative study, the research explores patterns, legal frameworks, theoretical concepts, and perspectives from different jurisdictions, all related to the use of indirect evidence in the context of price fixing. The results revealed that Indirect evidence, classified as clue evidence under Perkom No. 1 Of 2019, encompasses communication and economic evidence. When direct evidence is lacking, these components, including documents or electronic information, play a crucial role in proving allegations of price-fixing. The legal implications of indirect evidence in the Indonesian competition law evidentiary system highlight its widespread use in resolving cases. However, there is a legal gap that poses challenges to the admissibility of indirect evidence in court proceedings. This emphasizes the need for legal reforms to effectively accommodate the role of indirect evidence.

Uqubat Ta'zir Jarimah Murtad; Konversi Agama untuk Kepentingan Politik

Although restrictions on religious freedom are stipulated in the Qanun, However, judging from modern legal science, both state law and international law, there is no formal law that regulates the sanction of converting, namely apostate fingers. Unlike Aceh, as an Islamic sharia region, Aceh has its own qanun where apostates will be subject to sanctions in the form of flogging, fines, imprisonment, and coaching to re-embrace Islam. This regulation is certainly a serious topic both from the perspective of Islamic and national legal authorities, especially how human rights institutions both locally and nationally respond to it. This article is classified as literature research with a qualitative approach. The methodology used is a comparative study of law, especially between conventional law and Aceh Qanun. The results of the study concluded that sociologically, regarding freedom of religion in Aceh Province, it does not conflict with international human rights because the uqubat ta'zir given to perpetrators is approved by all levels of Acehnese society. Precisely if uqubat ta'zir is not given to the perpetrators of apostate jarimah, then the stability of security and religious order in the province is shaken, and minorities, namely people of religions other than Islam, do not feel oppressed by the sociological impact of the law applied by the people of Aceh.

Yurisdiksi Negara Pantai Terhadap Kapal Asing Yang Memuat Limbah Bahan Berbahaya Dan Beracun (B3) Ditinjau Dari Hukum Laut Internasional

Introduction: The jurisdiction of the coastal state is an authority of the state to carry out laws and regulations in its territorial area to regulate people, property, and events that occur in the land area, sea waters, and air space above it.Methods of the Research: The research method used is normative juridical. by using a problem approach such as a statutory approach, a conceptual approach and a case approach. While the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials is carried out by means of a literature study, then analyzed qualitatively. Results of the Research: The results show that the entry of foreign ships transporting waste in the jurisdiction of the coastal state is not prohibited as long as it is subject to the provisions for the transportation of hazardous and toxic waste that is passing through the territory of the coastal state, namely for foreign ships carrying nuclear or other goods which because of their nature dangerous or toxic, if you want to make a voyage in the territorial waters of an International country, you must carry documents and comply with special precautions established by International treaties for ships (Article 23 of the 1982 International Law Of The Sea Convention). The implementation of Indonesian Jurisdiction for foreign ships transporting waste has been regulated in Law Number 17 of 2008 concerning Shipping and Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste, which explains all matters relating to traffic through waters, transportation of dangerous goods and special goods by sea, determination of hazardous and toxic waste, management of hazardous and toxic waste, navigation in sea transportation including aspects of shipping safety and security.

THE MODIFIED OHM’S LAW AND ITS IMPLICATIONS FOR ELECTRICAL CIRCUIT ANALYSIS

Ohm’s Law has long been a cornerstone of electrical engineering, providing a linear relationship between voltage, current, and resistance that has underpinned modern circuit analysis. However, as technology advances and philosophical inquiries deepen, the limitations of this venerable law have become evident, particularly in scenarios involving near-zero resistance. This paper introduces a novel formulation-the modified Ohm’s Law; that not only rectifies the pitfalls of the conventional law but also harmonizes physics with philosophical principles. Motivated by the perplexing issue of predicting infinite current at zero resistance and the philosophical implications of deriving infinity from the finite, the modified equation serves as a bridge between empirical insights and logical coherence. Through rigorous mathematical derivation, comprehensive theoretical examination, and scrupulous computational analysis, the accuracy and applicability of the modified Ohm's Law are not only demonstrated but also its suitability across a wide range of scenarios is revealed. These scenarios include semiconductor devices, high-current applications, and complex systems where the standard Ohm’s Law falls short, offering a transformative perspective on the analysis of electrical circuitry. In reconciling scientific rigor with philosophical consistency, this paper advances our understanding of electrical circuitry and beckons a new era of precision in analysis. Further, the modified Ohm’s Law paves the way for deeper explorations that resonate through the domains of physics and philosophy, reshaping the landscape of our understanding.

Should Indonesia regulate foreign military activities in its EEZ?

The issue of foreign military activities in the exclusive economic zone (EEZ) still divides the international community despite the almost universal acceptance of the 1982 Law of the Sea Convention. As a country with a vast EEZ, Indonesia is considering whether it needs specific legislation to regulate this issue. This article analyses the legal and political considerations of such a crucial intention and argues that under international law, it is difficult to justify regulating foreign military activities in the EEZ. Given strategic partnerships and other pressing issues, this article suggests that Indonesia should maintain the status quo of not regulating such activities.

Gone with the wind? Wind farm-induced wakes and regulatory gaps

Wind farm-induced wakes can propagate dozens of kilometres, decreasing the power production and the fatigue lifetime of wind turbines between neighbouring farms. This phenomenon termed hereinafter “wind theft”, may lead to legal conflicts between wind farm operators and even States as power production from a wind farm is affected by the wake effects generated by another, reducing power output. Wind theft can substantially slow down the development of offshore wind if it is not regulated by a clear legal framework. In this study, we present the case of Sørlige Nordsjø II, a large offshore area that opened for wind turbine licensing application in 2020, is explored. This area is located in the Norwegian exclusive economic zone (EEZ) on the border to the Danish equivalent zone. Using state-of-the-art reanalysis data covering 1992–2020, it is shown that long farm-induced wake will likely propagate regularly from SN2 into the Danish EEZ and vice versa. This research shows how the United Nations Law of the Sea Convention 1982 leaves a regulatory gap regarding cross-border wind wake effects. As Europe crucially needs to expand its renewable energy production and work towards its net zero objectives by 2050, coastal States should cooperate to find regulatory solutions to wake effects such that wind resource management can be optimised. While some North Sea coastal States demonstrate a political will to cooperate, such policies must proliferate into legal instruments which lend certainty and predictability to wind resource management.

Integrating Climate Change into the Law of the Sea Convention: An Examination of Feasibility

The imperative to tackle climate change and its far-reaching consequences on both the environment and humanity is unquestionable. The Commission of Small Island States on Climate Change sent a request to the International Tribunal for the Law of the Sea, with a proposition to integrate climate change into the regulation of the United Nations Convention on the Law of the Sea. This proposition seeks to mandate state parties under the United Nations Convention on the Law of the Sea to protect and preserve the marine environment from climate change impacts. This paper critically engages with the shortcomings of the United Nations Framework Convention on Climate Change framework and explores the question of whether greenhouse gases meet the definition of pollution of the marine environment and further scrutinizes whether Part XII of the Convention should be revised to extend its regulation over climate change.

Requirements for Contract’s Form According to Ukrainian and EU Laws

The purpose of the article was to determine the peculiarities of the legal norms concerning the form of the contract in the law of the European Union EU. For this purpose, the following methods were used: special-legal, analysis and synthesis, inductive, systemic, generalization, forecasting and comparative. The authors insist on the need to rethink conventional law through the prism of European contract law. Attention was paid to the desirability of refusing to regulate issues related to the form of the contract, without dividing into certain requirements for the form of contracts. It is emphasized that “soft law” acts themselves require in some cases a certain formality (for example, a written form on a durable medium) for a specific legal act, and national laws often require a written form or other formalities. Especially with regard to specific objects, in particular land and other real estate. Unilateral gift obligations and consumer contracts are cited as examples of restrictions to the requirements for the free choice of the form of the contract. It concludes by arguing for the importance of rethinking national approaches to understanding contract form and its legal simplification.

Policy and Implementation of Coral Reef Protection in the Face of the Threat of Foreign Ships

Protection of coral reefs in Indonesia from damage caused by foreign ships is an important issue in preserving the maritime environment. is based on Law Number 27 of 2007 and the 1982 Law of the Sea Convention (UNCLOS 1982) which provides the legal basis for protecting marine ecosystems. Steps to increase coral reef protection include setting up zones that limit ship activities, implementing sanctions and strict fines, development of an effective monitoring system, increasing public awareness about the impacts of foreign vessels, and educating fishermen about sustainable fishing practices. International cooperation is an important aspect in dealing with this problem, with collaboration between Indonesia, neighboring countries, and organizations international. This joint effort aims to preserve coral reefs which are a valuable natural resource for Indonesia. The importance of preserving coral reefs as a crucial ecosystem and valuable natural resource for Indonesia must not be ignored. Protection of coral reefs must be a priority in efforts to preserve the environment in Indonesia for a sustainable future.

Combating Corporation-Induced Environmental Pollution in Nigeria vide Shari’ah Mechanism

The menace of environmental pollution is not limited to a particular clime. The scourge is being felt globally. Efforts to combat the menace are still ongoing at global, regional and national levels. Nigeria, as a sovereign nation, has suffered and is still suffering the menace of environmental pollution. The discovery of crude oil in commercial quantity gave birth to corporation-induced environmental pollution. National effort towards combating corporation-induced pollution gave rise to series of legal frameworks while the country continues to experience environmental degradation. Against this backdrop, this paper looks for options beyond the conventional corporate law vide Shari’ah mechanism. This paper, which employs the Qualitative Research Design, adopts both the doctrinal and nondoctrinal legal research approaches. For the doctrinal approach, content analysis was adopted to analyze the primary sources like texts of Fiqh and legislations as well as the secondary sources such as textbooks, journals, articles, reports, among others. With the aid of comparative analysis, the paper compares approaches to corporation-induced environmental protection under conventional law and Shari’ah. The paper further presents a visual representation of the various views using thematic analysis with the help of ATLAS.ti software. The paper contends that environmental pollution signifies corporate governance failure. It also argues that despite the availability of legal framework for environmental protection, the menace of corporation-induced pollution is persistent ow-ing to certain challenges. It is contended that Nigeria has never considered Shari’ah perspective in protecting its environment. Hence, Shari’ah approach is recommended for combating corporation-induced environmental pollution in Nigeria.

‘Words are Flowing Out Like Endless Rain Into a Paper Cup’: ChatGPT & Law School Assessments

ChatGPT is a sophisticated large-language model able to answer high-level questions in a way that is does not trigger conventional plagiarism detectors. Concerns have been raised that and similar forms of ‘generative AI’ pose a significant threat to academic integrity in higher education. To evaluate this risk in the context of legal education specifically, this project had ChatGPT (using the GPT3.5 model available in January 2023) generate answers to twenty-four different exams from an English-language law school based in a common law jurisdiction. It found that the system performed best on exams that were essay-based and asked students to discuss international legal instruments or general legal principles not necessarily specific to any jurisdiction. It performed worst on exams that featured problem-style or “issue spotting” questions asking students to apply an invented factual scenario to local legislation or jurisprudence. While the project suggests that for the most part conventional law school assessments are for the time being relatively immune from the threat generative AI brings, the project provides only a baseline snapshot of how large-language models tackle assessment in higher education. As both the technology improves and students learn how to harness it, increasingly fewer forms of assessment will be beyond its reach. However, rather than attempt to block students from using AI as part of learning and assessment, this paper instead proposes three ways students may be taught to use it in appropriate and ethical ways. While it is clear that generative AI will change how universities teach and assess (across disciplines), a solution of prevention or denial is no solution at all.