Pidana Kerja Sosial, Tokyo Rules, serta Tantangannya di Masa Mendatang

Community service order is one of the alternative sanctions from short-term imprisonment and light fines as regulated in Article 65, Article 82, and Article 85 of the Draft of Indonesia Criminal Code on the September 2019 (RUU KUHP). Community service order is expected to be the one solution for the overcrowded state of Correctional Institutions in Indonesia due to the large number of articles with imprisonment. Community service order as a new criminal sanction in the future requires further arrangements that can support its implementation in the future and it is possible that several challenges arise in its implementation. The contents of further regulations related to community service order in this research are explored through general guidelines in the international law, namely the Tokyo Rules (UN General Assembly Resolution Number 45/110). This research uses qualitative research with normative juridical research methods in the form of analytical descriptive. The result of this study is twenty-two provisions in the Tokyo Rules can be used as a guide in determining the contents of further regulations related community service order. In addition, the factors can become challenges must be carefully considered by legal policy makers so that they are minimized in the implementation of community service order in the future. Pidana kerja sosial adalah salah satu sanksi alternatif dari pidana penjara jangka waktu pendek maupun sanksi pidana denda ringan yang diatur dalam Pasal 65, Pasal 82, dan Pasal 85 Rancangan Undang-Undang tentang Kitab Undang-Undang Hukum Pidana September 2019 (RUU KUHP). Pidana kerja sosial diharapkan menjadi salah satu solusi dari keadaan overcrowded Lembaga Pemasyarakatan di Indonesia akibat banyaknya pasal dengan sanksi pidana penjara. Pidana kerja sosial sebagai sanksi pidana baru di masa mendatang membutuhkan pengaturan lebih lanjut yang dapat mendukung implementasinya di masa mendatang dan dimungkinkan muncul beberapa tantangan dalam implementasinya. Isi dalam pengaturan lebih lanjut terkait pidana kerja sosial dalam penelitian ini dapat digali melalui pedoman umum dalam dunia internasional yakni Tokyo Rules (Resolusi Majelis Umum PBB Nomor 45/110). Penelitian ini menggunakan penelitian kualitatif dengan metode penelitian yuridis normatif berbentuk deksriptif analitis. Hasil dari penelitian ini adalah adanya dua puluh dua ketentuan dalam Tokyo Rules yang dapat menjadi panduan dalam menentukan isi pengaturan lebih lanjut terkait pidana kerja sosial. Selain itu, faktor-faktor yang dapat menjadi tantangan harus dipikirkan secara matang oleh pembuat kebijakan hukum agar terminimalisir dalam pelaksanaan pidana kerja sosial di masa mendatang.

Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives)

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort to regain sovereignty over the Chagos Archipelago, which was originally “detached” from Mauritius in 1965 by the United Kingdom (UK). Although the Judgment will allow the case to proceed to the merits, it is significant in its own right for its engagement with several earlier legal decisions, including the arbitral award in Chagos Marine Protected Area Arbitration and the International Court of Justice's (ICJ) Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, as well as UN General Assembly Resolution 73/295 affirming the Advisory Opinion. The Special Chamber stitched together a series of legal documents that, considered individually, were either non-binding or limited in scope to achieve a determination greater than the sum of its parts—one that effectively resolved the disputed sovereignty over the Chagos Archipelago.

Vulnerable Marine Ecosystems, Communities, and Indicator Species: Confusing Concepts for Conservation of Seamounts

The concept of “vulnerable marine ecosystem” (VME) was included in United Nations (UN) General Assembly Resolution 61/105 as part of an international effort to minimize the effects of seafloor fisheries on the high seas. However, defining a VME was left to be developed by technical guidance to the UN Food and Agricultural Organization. In that venue certain categories of organisms were deemed to be indicator species, suggesting that areas with those species would be considered VMEs with subsequent management measures implemented to conserve those ecosystem attributes. We note that on seamounts VME indicator species can be distributed widely, in dense clusters or sparsely. A dense cluster, for example, of scleractinian corals or sponges, is most often referred to as a VME, but we argue that any such dense cluster is not an ecosystem, rather it is a community, likely one of many that make up the ecosystem. Other communities on the seamount that are not part of that dense cluster could include many small species (some yet to be discovered) who are also part of the ecosystem because they are part of the web of interactions and flow of materials/energy on the seamount. We also suggest that a seamount ecosystem might extend over several or many seamounts in a biogeographic area. We conclude that the term “ecosystem” in the VME concept outlined by the United Nations needs to be re-evaluated from a classical ecological perspective leading to spatial management approaches that better address ecologically relevant space and time scales.

LEGITIMIZATION OF JERUSALEM EMBASSY ACT ACCORDING TO INTERNATIONAL LAW

Jerusalem is a special entity under the administrative power of United Nations according to United Nations General Assembly Resolution 181, where Jerusalem does not fall under the sovereignty of any state. Jerusalem Embassy Act is the public law of United States which recognized Jerusalem as the capital city of Israel by establishing a diplomatic mission in the city.This paper concludes that Jerusalem Embassy Act is illegitimate according to international law. It turns its back to international obligation under the Vienna Convention on Diplomatic Relations 1961 and UN resolutions.Thus, the Jerusalem Embassy Act has to be pulled back by the US parliament in order to maintain international peace and security, bearing in mind the ongoing dispute between Palestine and Israel.

The 50th anniversary of the Declaration on Friendly Relations and its Role in the Jurisprudence of the International Court of Justice

In commemoration of the fifty-year anniversary of the adoption of the United Nations General Assembly resolution 2625 (XXV), Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, it is fitting to assess the current relevance of this document in the international legal order. An indepth study of the contentious cases and the advisory opinions of the International Court of Justice allows to demonstrate that this instrument is not a mere declaration. On the contrary, it will be shown that, in the present day, it is a key instrument in the resolution of disputes between States.

Edit TABLE OF CONTENTS Download the entire issue (PDF) Front Pages i-viii The Management of the Coronavirus Emergency by the Italian Government and the Relationship between State and Regions Gloria Marchetti 129 The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law Isaac O. C. Igwe 149 Regional Cooperation and State Sovereignty

Bearing in mind that international cooperation and solidarity are fundamental principles underlying the endeavour of international law, reflected in General Assembly Resolution 2625 (XXV) which affirms the duty of states to cooperate with one another in accordance with the Charter, as well as international agreements, such as the United Nations Convention on the Law of the Sea, the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies, and the Antarctic Treaty which reflect and address global concerns. This paper is a desk-based (non-empirical) research which examines the impacts and implications as well as theories of regional integration or cooperation on the member state’s sovereignty, among others. It reveals regional cooperation has both the upside and downside. It concludes that regional cooperation is global trend; it will have different effects in different regions and development issues. Keywords: Obstacles; Impacts State Cooperation; Regionalism; Rational; Supranationalism; State Integration; State Sovereignty.

On the Zero Point Constant of the Bolometric Correction Scale

Arbitrariness attributed to the zero point constant of the V band bolometric corrections (BCV) and its relation to “bolometric magnitude of a star ought to be brighter than its visual magnitude” and “bolometric corrections must always be negative” was investigated. The falsehood of the second assertion became noticeable to us after IAU 2015 General Assembly Resolution B2, where the zero point constant of bolometric magnitude scale was decided to have a definite value CBol(W) = 71.197 425 ... . Since the zero point constant of the BCV scale could be written as C2 = CBol − CV, where CV is the zero point constant of the visual magnitudes in the basic definition BCV = MBol − MV = mbol − mV, and CBol > CV, the zero point constant (C2) of the BCV scale cannot be arbitrary anymore; rather, it must be a definite positive number obtained from the two definite positive numbers. The two conditions C2 > 0 and 0 < BCV < C2 are also sufficient for LV < L, a similar case to negative BCV numbers, which means that “bolometric corrections are not always negative”. In sum it becomes apparent that the first assertion is misleading causing one to understand bolometric corrections must always be negative, which is not necessarily true.