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All Journal Sriwijaya Law Review Jurnal Simbur Cahaya
Fidelia Fidelia
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Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Analisis Putusan (Award) Arbitrase Internasional ICSID Dalam Churchill Mining Cases Versus Pemerintah Indonesia Fidelia Fidelia; Syahmin AK
Simbur Cahaya VOLUME 25 NOMOR 2, DESEMBER 2018
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (840.386 KB) | DOI: 10.28946/sc.v25i2.328

Abstract

ICSID Arbitration as an institution under World Bank is an institution as a dispute settlement, special for handling in the field of investment. As a dispute resolution Institution, ICSID Arbitration has its own mechanism on finishing a dispute which filed, where the steps and mechanism were different with other arbitration Institution. Therefore, there were some question about how this mechanism done well by this ICSID Arbitration in finishing investment dispute. This research used normatif research method which has qualitative to search a implementation based on ICSID Convention, Regulation and Rules of Procedure, the United Kingdom- Indonesia Bilateral Investment Treaty and Republic of Indonesia National Law included. From this research could be known that this investment consisted of some steps, they were file request, screening of a request and registration, number of arbitrators and method of appointment, selection and appointment of Tribunal members, constitution of the Tribunal, first session, other procedures (for Churchill Case only provisional measures used), written procedure, evidence, oral procedure, deliberations, until publication of award.
The International Cooperation to Eradicate Illicit Firearms Trafficking in Southeast Asian Region Syahmin AK; Fidelia Fidelia
Sriwijaya Law Review VOLUME 2, ISSUE 2, JULY 2018
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol2.Iss2.121.pp183-192

Abstract

The term of illicit firearms trafficking used by the United Nations is a movement of illegal trade in firearms controlled by organised criminal groups. Such movement specifically in ASEAN region is against national and regional laws. Hence, the growth in illegal firearms trade increases concern to the Southeast Asian countries. The article aims to examine effort to eradicate illegal firearms trafficking in ASEAN countries. Statute method combined with case approach in Southeast Asian Countries is employed in this research. The findings of the research indicate that the ASEAN countries have utilized diplomatic means namely the ASEAN Regional Forum (ARF) and the establishment of ASEAN Police (ASEANAPOL). These forums propose by ASEAN Political-Security Community (APSC) in a way to coordinate among the chief of national police of ASEAN countries including, inter alia, law enforcement policies, criminal courts and transnational crimes to combat crimes committed in the ASEAN region. In fact, the effectiveness of the APSC is still in question because the illicit firearms trafficking cannot be demolished.
Co-Authors Syahmin AK Syahmin AK