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Arti Penting Mandatory Access Consular Notification dalam Hubungan Konsuler Anna Anindita Nur Pustika
Jurnal Hukum Lex Generalis Vol 3 No 1 (2022): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

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One of the relationships that can be done between countries is through consular relations. Consular relations can be carried out if there is an agreement between the two parties which is then continued by sending representatives of his country to be placed in the receiving country. One of the obligations of the receiving state and the sending state is to provide protection of citizens who face legal problems in the receiving country. This is called the Mandatory Access Consular Notification, that the receiving state shall immediately notify the consular representative of the country of origin if there is a citizen of that country facing legal problems and the consular representative is obliged to provide assistance on the territory of the receiving State within the limits permitted by the law of the receiving State and international law.

PELANGGARAN PRINSIP-PRINSIP PIAGAM PBB 1945 DALAM SERANGAN MILITER RUSIA KE WILAYAH UKRAINA Pustika, Anna Anindita Nur Pustika; Angela Merici Vanessa S.A; Stephanie Liestia G
Justitia et Pax Vol. 39 No. 1 (2023): Justitia et Pax Volume 39 Nomor 1 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i1.7088

In international law, an independent and sovereign state has an obligation to respect another state such as not intervening, respecting territorial integrity, and resolving international disputes peacefully. The conflict between Russia and Ukraine attracted world attention since 2014 when Russia annexed the territory of Crimea, Ukraine which made a referendum and resulted in Crimea joining Russia. In 2022, the relations between Russia and Ukraine had problem because Russia did military operations by detonating bombs on several cities in Ukraine. The action raised questions about how the general principles of international law works that every independent state should respect. This paper examines the conflict relations between Russia and Ukraine against the general principles of international law based on the 1945 UN Charter. This paper used qualitative research with normative juridical research methods. The result of this paper is that the military operation by Russia does not reflect the implementation and respect of Article 2 paragraph (4) and Article 2 paragraph (7) of the UN Charter regarding the prohibition of using armed violence and acting to intervene in other countries. Also, Russia's actions unfulfilled the self-defense criteria specified by Article 51 of the UN Charter.

PELANGGARAN PRINSIP-PRINSIP PIAGAM PBB 1945 DALAM SERANGAN MILITER RUSIA KE WILAYAH UKRAINA Pustika, Anna Anindita Nur Pustika; Angela Merici Vanessa S.A; Stephanie Liestia G
Justitia et Pax Vol. 39 No. 1 (2023): Justitia et Pax Volume 39 Nomor 1 Tahun 2023
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v39i1.7088

In international law, an independent and sovereign state has an obligation to respect another state such as not intervening, respecting territorial integrity, and resolving international disputes peacefully. The conflict between Russia and Ukraine attracted world attention since 2014 when Russia annexed the territory of Crimea, Ukraine which made a referendum and resulted in Crimea joining Russia. In 2022, the relations between Russia and Ukraine had problem because Russia did military operations by detonating bombs on several cities in Ukraine. The action raised questions about how the general principles of international law works that every independent state should respect. This paper examines the conflict relations between Russia and Ukraine against the general principles of international law based on the 1945 UN Charter. This paper used qualitative research with normative juridical research methods. The result of this paper is that the military operation by Russia does not reflect the implementation and respect of Article 2 paragraph (4) and Article 2 paragraph (7) of the UN Charter regarding the prohibition of using armed violence and acting to intervene in other countries. Also, Russia's actions unfulfilled the self-defense criteria specified by Article 51 of the UN Charter.

Tinjauan Yuridis Pengenaan Sanksi Kurungan Pengganti Denda bagi Pelaku IUU Fishing di ZEE Indonesia Riandy, Ervin; Pustika, Anna Anindita Nur; Christmas, Sandy Kurnia; Serera, Aulia Yuti
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 12 No. 1 (2026): Shar-E : Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v12i1.4704

The problem regarding the interpretation of the meaning of imprisonment and corporal punishment as stated in Article 73 paragraph (3) of UNCLOS 1982 has caused differences in judges' decisions against perpetrators of IUU Fishing in the Indonesian Exclusive Economic Zone (ZEEI). On the one hand, there are courts that explain that confinement in lieu of a fine is contrary to UNCLOS 1982, while on the other hand it is said that it does not violate UNCLOS 1982. This study was conducted to provide a legal study of whether the imposition of confinement in lieu of a fine on perpetrators of IUU Fishing in ZEEI. The results of this study, namely according to the interpretation of grammatical and the meaning of words/terms (taalkundige interpretation) and the explanation of legal experts, can be concluded that imprisonment and confinement (including confinement in lieu of a fine) are included in the scope of the prohibition of Article 73 paragraph (3) of UNCLOS 1982, because this punishment eliminates a person's freedom. Courts in Indonesia should be consistent not implementing imprisonment and corporal punishment considering that Indonesia has ratified UNCLOS 1982 and is bound by the principle of pacta sunt servanda. This paper provides proposals to amend the Fisheries Law and Judges are also encouraged to make independent legal discoveries to create substitute criminal sanctions for fines that do not conflict with UNCLOS 1982.

Tinjauan Yuridis Pengenaan Sanksi Kurungan Pengganti Denda bagi Pelaku IUU Fishing di ZEE Indonesia Riandy, Ervin; Pustika, Anna Anindita Nur; Christmas, Sandy Kurnia; Serera, Aulia Yuti
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 12 No. 1 (2026): Shar-E : Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v12i1.4704

The problem regarding the interpretation of the meaning of imprisonment and corporal punishment as stated in Article 73 paragraph (3) of UNCLOS 1982 has caused differences in judges' decisions against perpetrators of IUU Fishing in the Indonesian Exclusive Economic Zone (ZEEI). On the one hand, there are courts that explain that confinement in lieu of a fine is contrary to UNCLOS 1982, while on the other hand it is said that it does not violate UNCLOS 1982. This study was conducted to provide a legal study of whether the imposition of confinement in lieu of a fine on perpetrators of IUU Fishing in ZEEI. The results of this study, namely according to the interpretation of grammatical and the meaning of words/terms (taalkundige interpretation) and the explanation of legal experts, can be concluded that imprisonment and confinement (including confinement in lieu of a fine) are included in the scope of the prohibition of Article 73 paragraph (3) of UNCLOS 1982, because this punishment eliminates a person's freedom. Courts in Indonesia should be consistent not implementing imprisonment and corporal punishment considering that Indonesia has ratified UNCLOS 1982 and is bound by the principle of pacta sunt servanda. This paper provides proposals to amend the Fisheries Law and Judges are also encouraged to make independent legal discoveries to create substitute criminal sanctions for fines that do not conflict with UNCLOS 1982.

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