Jurist-Diction

Status Kewarganegaraan Bagi Anak (Intended Parents Embryo) Warga Negara Indonesia Menggunakan Mekanisme Gestational Surrogacy

Abdulloh Adi, Syaiful Aris — Sat, 25 Jan 2025 00:00:00 +0700

Assistive Reproductive Technology (ART) is contained in Article 58 of Law Number 17 of 2023 concerning Health which only recognizes the IVF process, and implicitly prohibiting about Gestational Surrogacy and impact on sitizenship status without paying attention to the principle of legality. The aim of this research is to determine the impact of differences in Gestational Surrogacy procedure arrangements on citizenship status, especially for granting Indonesian citizenship from thet procedure. This writing method is normative legal research using a conceptual approach and a statutory regulatory approach. The result of this research is that there is a causal impact of differences in the settings of Gestational Surrogacy procedures with citizenship status, where in several countries children resulting from Gestational Surrogacy have stateless status. In Indonesia itself, children resulting from this procedure still have Indonesian citizenship status. However, it must be the status of an illegitimate child

Tantangan Mahkamah Pidana Internasional (ICC) dalam Pengusutan Kejahatan Serius pada Perang Rusia-Ukraina

Abdul Munif Ashri — Sat, 25 Jan 2025 00:00:00 +0700

This study aims to identify the challenges the International Criminal Court (ICC) may face in prosecuting the serious crimes committed during the Russia-Ukraine War. The research employs a normative legal method with statutory and conceptual approaches. The results show two substantial ICC challenges: the immunity of the alleged person as the Russian Head of State; and the issue of legitimacy regarding impartiality. Since Russia is not a State Party to the Rome Statute, the ICC’s jurisdiction over the Russia-Ukraine War was not invoked through the UN Security Council referral mechanism but rather through Ukraine’s approval or acceptance. Furthermore, the ICC’s legitimacy as an impartial judicial body will be at stake if there is a tendency for one-sided prosecution that only focuses on the Russian forces. When allegations of comparable serious crimes perpetrated by Ukrainian forces are ignored, and the Ukrainian criminal justice system does not work effectively to prosecute the alleged perpetrators, the ICC could be considered practicing ‘group-based selectivity’. Thus, the practice of selectivity can undermine the legitimacy of the ICC.

Pertanggungjawaban Pidana bagi Pembuat Drug Design dalam Perspektif Hukum Narkotika

Aulia Rahma Sari — Sat, 25 Jan 2025 00:00:00 +0700

The proliferation of technology has fueled the rise of drug abuse, giving rise to new modus operandi such as "Drug Design," where novel chemical compounds are synthesized to mimic the effects of illicit drugs without falling under existing drug laws. These "designer drugs," like PCC Pills," have caused severe mental health issues, fatalities, and pose a significant challenge to law enforcement due to their rapid molecular modifications. To address this emerging legal issue, this paper employs a normative legal research methodology to analyze the associated legal implications. Drug Design, stemming from the illicit practices of clandestine chemists, complicates law enforcement efforts due to the difficulty in classifying these novel substances. Collaboration between law enforcement agencies and chemists is crucial to determine appropriate legal sanctions. Despite regulatory efforts, the challenges of regulating and enforcing against Drug Design remain substantial, necessitating a cautious approach to both drug law enforcement and the regulation of emerging substances.

Legal Protection of Geographical Indication of Salak Sidimpuan in South Tapanuli District North Sumatera

Cahya Putri Arieza — Sat, 25 Jan 2025 00:00:00 +0700

This research aims to know and understand the permission to use Geographical Indications of Salak Sidimpuan for salak farmers when registering with the South Tapanuli Regional Government and the legal remedies taken if salak farmers in other regions want to register Geographical Indications of Salak Sidimpuan. The type of research used is normative legal research. The efforts made by the South Tapanuli Regency government are only limited to maintaining the reputation of Salak Sidimpuan as protection for cooperatives in the field of salak fruit processing. Even though Salak Sidempuan qualifies as a Geographical Indication product as stated in article 6 of PP No. 51 of 2007. In the form of preventive protection, Salak Sidimpuan must first be registered with the DJKI in order to obtain legal protection. Repressive forms of protection are carried out by non-litigation channels that can be carried out through arbitration or alternative dispute resolution.

Analisis Hukum Humaniter Internasional Terhadap Penyerangan Dual Use Object Dalam Konflik Bersenjata Rusia Dan Ukraina

Nadia Azzahra, Lina Hastuti — Sat, 25 Jan 2025 00:00:00 +0700

International Humanitarian Law distinguishes between civilian and military objects in armed conflicts. However, complexity arises with dual-use objects. In the Russia-Ukraine conflict, attacks on Ukraine's energy infrastructure by Russia and the Kerch Strait Bridge by Ukraine raise legal questions. This research explores the status of dual-use objects and the legality of such attacks. Despite the absence of definite rules, some experts view them as potential military targets. Analysis indicates that Ukraine's energy infrastructure could be considered military, but Russia's attacks are deemed in violation of International Humanitarian Law. Conversely, the Kerch Strait Bridge cannot be categorized as a military object, making attacks against it a breach of international law. The importance of considering indirect impacts of attacks is also emphasized.

Protecting Intellectually Disabled Child Victims Of Sexual Violence In Court Proceedings

Nadhine Fakhira Putri Ravanti, Sarah Yessie Hana Monica — Sat, 25 Jan 2025 00:00:00 +0700

Intellectually disabled individuals have long faced social exclusion, making them vulnerable to violence which was left unreported. Childrens with intellectual disabilities are twice as likely to have a higher risk of exploitation. The situation raises alarms on the need to accommodate their special needs in ensuring equal treatments in court proceedings. This paper examines the challenges faced by the victims in the justice system using normative research methods to analyze legal cases by reviewing and analyzing various aspects of written laws and doctrines to resolve the continuous violation. The results provide that when the cases did make their way to the court proceedings, just 9% of the victims were accompanied by a translator, whilst 18% did not get any assistance, and the 82% rest of the victims did not have any experts as their representation. When the cases were reported and reached the court, they were often treated with discrimination. Tackling that problem the current regulation precisely Law Number 8 of 2016 on Persons with Disabilities need to better ensure the protection of intellectually disabled children meanwhile the court needs to provide assistance such as interpreters and health care workers to assist the victims. The urgency of this research is to promote equality and ensure the intellectually disabled children as victims will receive their well-deserved justice.

Pengalihan Kewenangan Tenaga Medis Kepada Beauty Therapist Dalam Praktik Klinik Kecantikan

Ola Mehira Sampoerna — Sat, 25 Jan 2025 00:00:00 +0700

This article discusses beauty clinics, which offer health services related to dermatology or the science of skin care. In today’s globalized era, many beauty clinics have emerged, particularly in Indonesia. This research investigates the delegation of authority that occurs in beauty clinics between medical professionals and beauty therapists who perform beauty treatments on clients. It also explores who is responsible for beauty treatments if any harm or unwanted consequences occur to the client. The research uses two approaches: a legal approach that examines relevant laws and a conceptual approach that studies the principles and doctrines used to address legal issues. The findings show that delegating authority from medical professionals to beauty therapists can be done, but specific regulations must be followed. Medical professionals are responsible for the delegated authority. However, if a beauty therapist performs actions beyond their delegated authority, they can be held accountable if their actions are negligent and harm the client. Delegation of authority may involve a transfer of responsibility from the medical professional to the beauty therapist. In this case, if the beauty therapist’s negligence causes harm to the client, they may be held criminally liable or liable according to the regulations governing their profession as a health worker