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All Journal Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum
Maryati B
Universitas Abulyatama
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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ASPEK –ASPEK HUKUM PERJANJIAN INTERNASIONAL DAN KAITANNYA DENGAN MOU HELSINKI Maryati B
Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Vol 1, No 1 (2017): April 2017
Publisher : Center for Research and Community Service (LPPM) University of Abulyatama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (934.039 KB) | DOI: 10.30601/humaniora.v1i1.39

Abstract

The Helsinki 2005 Memorandum of Understanding (MoU) is a peace agreement that was made by the international law subjects upon the agreement between the states (Indonesia) and the rebel group (Free Aceh Movement - GAM).  However, there are some questions underlying this agreement. The first is whether the Helsinki MoU can be classified as an international agreement or not if it is viewed from the subjects who signed the agreement. The second issue is about the status of the parties who signed the MoU; whether it can be eliminated according tothe agreement rules or not. The last issue is due to the law consequences ifthose parties break the agreement during the implementation of the MoU. This studyused a qualitative research method. The primary data was collected through interviews and the secondary data was obtained through the library research. The data was analyzed by using descriptive analytical method that was written in the form of report.From the data analysis it is found that the MoU Helsinki is categorized as an international agreement which use a treaty contract that only applies to the parties who sign the agreement. Considering of this agreement that is signed by only two parties which bound by the agreement rules; so, the parties must not be eliminated. This is done in order to keep the agreement to be still in place and not extinct. Further, it is also found that if the infraction happens during the implementation of the agreement i.e break the local laws (qanun) and its derivatives; then, the inflicted party can prosecute the offender into the trial. They also can request for a detriment or ask for the correct implementation of the agreement as it is agreed upon the agreement. If the infraction does occur, it will put the agreement at risk and harm the MoU. It is suggested that the Indonesian government should implement the MoU as it is already stated in the agreement and also bring about the qanun that has been made by both parties. This is done as the way to keep the peace agreement still in place.
INVESTASI ASING DI ACEH SETELAH BERLAKU UU NO. 11 TAHUN 2006 Maryati B
Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Vol 1, No 2 (2017): Oktober 2017
Publisher : Center for Research and Community Service (LPPM) University of Abulyatama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (766.966 KB) | DOI: 10.30601/humaniora.v1i2.45

Abstract

The problems associated with conducting research are the extent to which Aceh needs foreign investment in developing its region. The most important question is whether the foreign investment opportunities that exist in Law No. 11 of 2006 can be implemented as desired by the parties. It is also questionable what are the constraints of foreign investment activities in Aceh after the implementation of the Act.This writing uses qualitative descriptive analytical method with emphasis on library research in order to obtain data, in addition also using field research as primary data.The results of the study can be summarized that the main foreign investment opportunities are the existence of peace and security so that all parties including foreign investors are protected from security disturbances. Law Number 11 Year 2006 provides a great opportunity for Aceh to bring in foreign investors, but the Aceh Government does not fully use the opportunity because of a clause limiting the controversial authority with the given authority, which is to comply with prevailing norms, standards and procedures nationally. Constraints impeding foreign investment in Aceh after peace and the realization of security are rules that make investors and operators unimpeded, among others, due to the norms, standards and procedures imposed for foreign investment activities in Aceh as serious obstacles that need to be solved.
Implementasi Self Determination Rights dan Kedaulatan Negara di Indonesia Maryati B
Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Vol 2, No 1 (2018): April 2018
Publisher : Center for Research and Community Service (LPPM) University of Abulyatama

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (828.048 KB) | DOI: 10.30601/humaniora.v2i1.50

Abstract

The success of the rights to self determination affects state sovereignty, in contrast to the successful use of the rights of self determination. This study collects literature materials through the study of textbooks and access the internet to obtain data and use qualitative descriptive methods to analyze data and penguliisannya. The question is: Can self-determination rights, especially rights to self-determination, be used at any time or in any country at the present moment, after colonialism is almost erased on earth? After Indonesia ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in December 2005, are the Indonesian people free to use self-determination rights, both of which are rights to self determinants or rights of self determination? The rights of self-determination are also common, but in Indonesia it failed to transform the unitary state into a federation in 1999. With the ratification of the two Covenants, the people of Indonesia are not free to use rights to self-determination as well as the rights of self-determination because in both ratifying laws , Law Number 11 Year 2005 and Law Number 12 Year 2005 stipulated that the first article of the Covenant was declaration in the sense of exclusion of its ratification including the right to regulate all its resources and resources, so that ratified only other articles other than article 1 If there is also the use of the right to self-determination, there is no legal basis or legality in Indonesia.
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