LEGAL PROTECTION OF MIGRANT WORKERS AGAINST THREATS OF ABUSE DISCRIMINATION IN A DIPLOMATIC RELATIONSHIP PERSPECTIVE BETWEEN COUNTRIES

Manpower is the driving force of an activity that can determine the implementation of manpower through the available manpower, which is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Problems that occur to Indonesian migrant workers abroad occur cases, abuse and discrimination occur, such as cases of sexual harassment, cases involving convictions of migrant workers, cases of unpaid wages, to cases of unilateral termination of employment. This research uses normative juridical research methods and is legally supported by socio descriptive analysis employing primary, secondary, and tertiary data. The purpose of this research is that the placement of Indonesian workers abroad is one of the State's efforts to realize the same rights and obligations for workers to improve their standard of living. The study results show that the protection of migrant workers needs to be affirmed with certainty against the regulation of Law Number 18 of 2017. The aim is to guarantee Indonesian Migrant Workers and their families in realizing guaranteed fulfillment of their rights in all activities before working, during work, and after working in legal, economic aspects, and social. The role of state diplomacy is needed in protecting and fulfilling the rights of migrant workers because this condition involves relations between countries, as people who have no choice of provider for life, workers. Therefore the role of the State must be very spearheading in providing legal protection to migrant workers because their status is minimal. The research analysis results to realize the implementation of international and national legal instruments from Indonesia need to be optimized through diplomacy from those with interest so that protection is said to be effective and optimal.

GOOD FAITH IN TRIPS COMPULSORY LICENSING OF PHARMACEUTICAL PATENTS: LESSONS FROM PREVIOUS PANDEMIC CASES

The COVID-19 pandemic impacts the world of patents as countries prepare their legal framework to ease the process of compulsory licensing. Some like India and South Africa even went further by proposing a suspension for patents needed to combat COVID-19 which is still under discussion. It is a real possibility that a patented drug that is effective against COVID-19 would potentially see compulsory licensing in many countries its patent holder is doing business. This article discusses why compulsory licensing is an essential issue by examining its legitimacy, previous cases of compulsory licensing, and the conduct of states in cases of compulsory licensing issuance, particularly in examples of Thailand, Brazil, and India. The article will examine ways of remedy against compulsory licensing, including a theoretical possibility for constitutional review of treaties. The remedies discussed shall include international and domestic remedies, both litigation and alternative measures. The research shall use qualitative research methods with the use of primary and secondary legal sources. The result of this article found that a combination of soft law power of the Doha Declaration and the invocation of subsequent compulsory licensing cases be the support pillars of compulsory licensing practice. However, the practice of compulsory licensing both by the patent holder and the state actors is still not performed entirely in good faith according to the Vienna Convention of the Law of Treaties (VCLT) 1969 and the TRIPS Agreement. Hence, such patent holders need to be familiar with both international and domestic remedies, especially the possibility for constitutional review of treaties remedies.

INDIGENOUS PEOPLES’ RIGHTS OVER NATURAL RESOURCES: AN ANALYSIS OF HOST COMMUNITIES RIGHTS IN NIGERIA

The many States are engulfed in crises over natural resources in the form of claims and counterclaims over who should exercise legal authority over the resources located within the state territory. In Nigeria, the agitation over control of natural resources has led to militancy and rebellion against the federal government and multinational oil companies. The debate on who should control and manage natural oil resources in Nigeria exists at the local community level, the federating states level, and the federal government level. This paper x-rayed the varying contentions of these agitations from an international law perspective. It adopted the doctrinal method to explore international human rights instruments and other legal and non-legal sources to realize the result and arrive at persuasive conclusions. The paper concluded that although international law guarantees states’ exercise of sovereign rights over their natural resources, it safeguards the right of indigenous peoples and communities to manage the natural resources found within their ancestral lands to deepen their economic and social development. It also concluded that the Niger Delta indigenous peoples and oil-producing communities are entitled to exercise some measure of control and management of the processes of exploitation of the natural resources found within their lands. The paper calls on the Nigerian government to fast-track legal and policy reforms to resource rights to indigenous host communities of natural resources in Nigeria.

THE CONCEPT OF THE ARCHIPELAGIC PROVINCE AND ARCHIPELAGIC STATE IN THE PERSPECTIVE OF NATIONAL AND INTERNATIONAL LAW

The concept of an archipelagic province in law number 23 of 2014 is interesting, especially international law of the sea and Indonesian national law. This research is due to the concept of an archipelagic State's special treatment, which is a concept derived from the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This research accommodates the state's interests with special conditions for States that are geographical, social, political, and economic conditions by fulfilling the 1982 UNCLOS. The state is a subject of the international, but the archipelagic province receives special treatment from the central government in DAU and DAK. The problem in this research is how the concept of an archipelagic province and state is based on national and international law? The research method used is normative juridical research based on the applicable laws and regulations. The analysis is carried out using a descriptive method that explains the concept of an archipelagic province and state from the perspective of national and international law. The archipelagic state's international and national law concept cannot be applied to mutatis mutandis. The criteria for an archipelagic state as an intrinsic geographical, economic, defense and security, and political unit have historically been regarded as such. The 1982 UNCLOS and national laws cannot be applied in determining the criteria for an archipelagic province. According to the elucidation of Law Number 23 of 2014 concerning regional government, the archipelagic province based on geographical and cultural conditions is a moderate concept. This concept is beneficial in determining the characteristics of an archipelagic province.

REVIEW OF INDONESIA'S EMPLOYMENT ARRANGEMENTS IN FACING ASEAN ECONOMIC COMMUNITY

The AEC is the founder of the ASEAN Community and the formation of regional economic integration, which was implemented in 2015. The implementation of ASEAN is made up of the flow of services/goods on a single product and market basis, skilled labour, investment, and free capital flows between countries in the ASEAN region. As an opportunity at the time of employment and as a substitute for unemployment, the Indonesian state must be utilized free of skilled labour. The issues that have arisen are how the employment arrangements in Indonesia are? How to optimize Indonesia’s employment arrangements in the AEC era? The method of approaching this research is the normative juridical method. The research shows that there are arrangements in the field of manpower that help realize quality human resources and skilled labour. It also states that Law No. 13 of 2003 on Manpower and other policies that provide job training and certification of work competencies that optimize employment to be more qualified, skilled, and competitive and recognized by other ASEAN countries in facing the AEC.

MARITIME SECURITY REGULATION CONCERNING INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE 2002 AND ITS IMPLEMENTATION IN INDONESIA

Ministerial Regulation Number 134 of 2016 is a form of ratification of the International Ship and Port Facility Security Code 2002 (ISPS Code, 2002), the objective of which is to establish a consistent standard framework for evaluating risk and enabling the government to compensate for changes in threats through measures appropriate safety measures. In its development, there are several regulations related to implementing the 2002 ISPS Code in Indonesia. These regulations were formed by adjusting the standard regulations in the 2002 ISPS Code with the safety conditions of ships and ports in Indonesia. The problem is, Indonesia has several large ports that operate as international ports in international trade. The type of research used is normative legal research sourced from primary, secondary, and tertiary legal materials whose data collection is carried out by literature study. The results of the study show two things: (1) Maritime security arrangements relating to shipping safety standards and port facilities in the 2002 ISPS Code are divided into two parts, namely part A (Part A) containing systematic arrangements and implementation of the ISPS Code for signatory countries including and Definition, Purpose, Scope of Ship Safety Standards and Port facilities and ISPS Code Compliance Procedure. And part B (Part B) contains further explanation about part A including Determination of Security Level, Implementation of Ship Security, Implementation of Port Facility, and Information and Communication Security. (2) The implementation of the maritime security regulation related to security standards ships and port facilities in the ISPS Code in 2002 in Indonesia contained in via Law No. 17 the Year 2008 on the voyage, Ministerial Regulation Number 134 the Year 2016 concerning Management of Ship Safety and Port Facilities.

STRENGTHENING GLOBAL GOVERNANCE: INDONESIA’S COURT AND THE CENTRAL KALIMANTAN FOREST FIRE CASE

The success of global governance depends on the coherency of efforts of its actors, notably states. States are expected to meet their international obligation, including through their domestic policies. As a member of the international community, Indonesia has become a party to numerous treaties and participated in various effort to address global challenges. Yet reference to international law by Indonesia’s domestic court has so far been justified only for the sake of improving the quality of judgment or maintaining Indonesia’s standing as a law-abiding state. Further, most Indonesia’s legal scholars focus their attention on the position of international law in the domestic legal hierarchy, and how monism and dualism approaches influence the implementation of international law at the national level. This article focuses on how domestic court judgments have impacts outside national borders. It employs a normative research method, and uses the Central Kalimantan Forest Fire case as the stepping-stone of discussion. It concludes that the application of international law by Indonesia’s domestic court supports the intention of delivering a high quality judgment and strengthening the global governance.

BIOTERRORISM: THE DEVELOPMENT AND ITS REGULATIONS ACCORDING TO THE INTERNATIONAL LAW

The biological weapon used as a terrorism facility (bioterrorism) could endanger the lives of mankind. Besides its purpose of mass destruction, this weapon has been banned from being used towards the human. Bioterrorism threat at least had occurred in more than 30 countries across the globe. In the 14th century, bioterror incidents recorded in black death plagues in Europe caused more than 50 million deaths and vanished more than 60% of its population back then. Because of the bioweapon impacts, there are concerns if this weapon is under irresponsible parties such as the group of terrorists. Several regulations on the prohibition of biological weapons have been made, such as the Production and Stockpiling of Bacteriological [Biological] and Toxin Weapons and Their Destruction 1972 (Biological Weapon Convention 1972). However, it seems that they have not solved using biological weapons as a means of terrorism. The purpose of this paper is to find out how international law arrangements regarding bioterrorism. This research used normative legal research with secondary data sources and literature study techniques.

PROTECTION OF PEACEKEEPING FORCES BASED ON THE CONVENTION ON THE SAFETY

The attacks and threats directed at UN personnel and related personnel resulted in injuries and death. Therefore, to protect these personnel, the GA established a Resolution, namely the Convention on Safety, which aims to protect UN personnel while carrying out its mission. The 1994 Convention on the Safety of the United Nations and Associated Personnel regulates protected personnel and regulates prohibited acts to extradite perpetrators. The Convention urges the host country (Host Country) to determine its jurisdiction in extraditing perpetrators of crimes against personnel UN and related personnel without delay. Given that each country has sovereignty in its territory and is entitled to determine a national legal system that determines national law application based on jurisdiction.

SOUTH CHINA SEA: CONFLICT, CHALLENGE, AND SOLUTION

The South China Sea is a strategic marine area in terms of natural resource potential and international trade routes. For decades, territorial disputes have occurred with peaceful solutions from regional organizations, international courts, and even contributions from outside the claimant state. This paper examines the efforts made to contribute to a peaceful solution to disputed states of claims. The achievement of a peaceful solution, the shortcomings of the peaceful solution to the proposed peaceful solution's chronology. This research is normative juridical research that is historical descriptive in nature. The South China Sea Dispute arises from China's actions regarding its map of its maritime territories that do not comply with international maritime law. Regulations regarding the method of drawing deep-sea boundaries under international maritime law are violated in this act. Negotiation efforts in finding conflict solutions in regional organizations, state leadership meetings, informal meetings of claim state policymakers, and efforts to file claims by the Philippines at permanent court arbitration have been carried out. China's action that does not recognize the Philippine lawsuit decision poses a challenge to international maritime law and its member countries. A complete peaceful solution must be sought immediately when Softlaw and hard law must comply with the claiming state.