Puspoayu, Elisabeth Septin
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PENYELESAIAN SENGKETA TINDAKAN PENYITAAN KAPAL TANKER STENA IMPERO BERBENDERA INGGRIS OLEH IRAN DI SELAT HORMUZ MENURUT HUKUM INTERNASIONAL Artistia, Tahta Junisa; Hermono, Budi; Puspoayu, Elisabeth Septin
NOVUM : JURNAL HUKUM Vol. 7 No. 01 (2020): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v7i1.31317

Abstract

Intersepsi Pesawat Jet Tempur Rusia Terhadap Pesawat Mata-mata Amerika Serikat di Wilayah Udara Laut Medeterania Berdasarkan Hukum Internasional Ekayanti, Rafita; Nugroho, Arinto; Puspoayu, Elisabeth Septin
NOVUM : JURNAL HUKUM Vol. 8 No. 04 (2021): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v0i0.38583

Abstract

Abstract Russian fighter jets with aircraft code SU-35 flew in the international airspace of the Mediterranean Sea region on June 4, 2019. At the same time, the American spy plane, code number P-8A Poseidon, also flew in the same area was subject to interception which was carried out unsafe and incompatible with the interception procedure for aircraft in international airspace by Russian warplanes. International law regulates everything that can endanger the safety and security of an aircraft in international airspace as regulated in the provisions of Appendix 3 regarding aircraft maneuvers and interception. The purpose of this study is to analyze the form of responsibility and sanctions that can be given regarding the interception of Russian fighter jets against US spy planes in the international airspace of the Mediterranean Sea. This research is a normative legal research using a statutory and conceptual approach. The legal materials for this research consist of primary and secondary legal materials. State responsibility that can be applied in this case is in the form of satisfaction because there is no physical loss, only in the form of turbulence that does not cause casualties. Meanwhile, the sanctions that can be applied are fines by the United Nations Security Council and resolutions issued by the General Assembly of the United Nations in the form of recommendations related to air violations. Keywords: Interception, International Law, State Responsibility, Sanctions
State Sovereignty and Humanitarian Assistance: Navigating the Tension in International Armed Conflicts Puspoayu, Elisabeth Septin; Widagdo, Setyo; Kusumaningrum, Adi; Kurniaty, Rika
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35118

Abstract

This paper critically examines the intersection of state sovereignty and the provision of humanitarian assistance in the context of international armed conflicts, addressing a pressing and increasingly relevant issue in global legal discourse. While state sovereignty remains a cornerstone of international law, its application during armed conflict, especially regarding external humanitarian aid, raises complex questions of responsibility and intervention. Using a blend of primary and secondary legal sources, the study explores how sovereignty intersects with the state's obligations to protect and meet the needs of its citizens during conflict, in line with the theory of "responsible sovereignty." The research highlights the nuanced tension between a state's right to control its territory and its duty to ensure the welfare of its population, even in the midst of war. Despite the fundamental principle of sovereignty, states are bound by international norms to allow humanitarian assistance when their capacity to respond to crisis situations is overwhelmed, thereby preventing further human suffering. The study challenges the traditional view that external aid constitutes an infringement on sovereignty, instead arguing that the refusal of humanitarian assistance in times of need may violate international legal and moral obligations. This paper offers a novel perspective on sovereignty, proposing that in an era of global interconnectedness and humanitarian crises, responsible sovereignty should prioritize the protection of human life over rigid territorial control. The findings contribute to ongoing debates in international law, urging a rethinking of the state's role in conflict zones and the responsibility to allow external humanitarian aid in the face of dire need.