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All Journal USU LAW JOURNAL Journal of International Law Unes Law Review JURNAL JUSTIQA Nusantara Mengabdi kepada Negeri Dinamika Sosial: Jurnal Pengabdian Masyarakat Dan Transformasi Kesejahteraan
Suhaidi Suhaidi
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TANGGUNGJAWAB NEGARA TERHADAP WARGA NEGARA INDONESIA YANG MENJADI KORBAN PEMBAJAKAN KAPAL DITINJAU DARI HUKUM LAUT INTERNASIONAL Laila Fitriani Siregar; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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THE RESPONSIBILITY OF THE STATE TOWARDS THE CITIZEN OF INDONESIA WHO BECAME VICTIMS OF THE HIJACKING OF THE SHIP IN TERMS OF INTERNATIONAL LAW OF THE SEA ( A case study of piracy Ship Mv Delay Brahma And Tongkang Anand 12 by a group of Abu Sayyaf -2016). ABSTRACT Laila Fitriani Siregar * Prof.Dr.Suhaidi.SH.,M.H. ** Arif SH., M.H *** Ship hijacking is one of kind of transnational crime that disrupts international shipping lines and sea order. The arrangement of ship hijacking has been regulated in various international agreements which are among others : United Nation Convention on the Law of the Sea ( UNCLOS 1982), Convention for the Supression of Unlawful Acts Againts the Safety of Maritime Navigation ( The SUA Convention), and some of PBB resolutions about piracy. In 2016, 10 Indonesian citizens become victims of ship hijacking carried out by abu sayyaf group when they crossing at the fhilipin watres. The problem in this writing is : What is the arrangement of ship hijacking at the sea under international maritime law and national law,  How is law enforcement of ship hijacking in the territorial sea of fhilipina according to the perspective of international law, and how is the responsibility of the rebublic of indonesian to its citizens who are victims of the hijacking of ships by abu sayyaf group. This writing is made through normative legal research using primary, secondary, and tertiary data. Combined data through literature study and analized normatively-qualitative. State responsibility to its citizens who are victims of hijacking of ships abroard can be done through with diplomatic rights owned by the state. The provisions of international law regulated in UNCLOS and other international treaties require each country to arrest and prosecute any person or ship suspected of being a perpetrator of piracy through state-owned jurisdiction either in its territory or at the high seas. The establishment of a special court of piracy is necessary to provide legal certainty that affirms law enforcement of ship hijacking at sea and handling of pirate ship perpetratos at the sea. Keywords : Diplomatical Protection, Victims of Piracy, The Responsibility State
TINJAUAN HAK LINTAS DAMAI DI LAUT TERITORIAL DALAM PERSPEKTIF HUKUM NASIONAL DAN INTERNASIONAL Melinda Gultom; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT OVERVIEW OF THE PEACE RIGHTS IN THE TERRITORIAL SEA IN NATIONAL AND INTERNATIONAL LAW PERSPECTIVES Melinda Gultom* Suhaidi** Arif*** Indonesia is the largest archipelago country in the world. As an archipelagic country with vast sea and long coastlines, maritime and maritime sectors are becoming very strategic for Indonesia. In this regard, Indonesian waters must be protected judicially from the threat of lawlessness as a result of non-compliance with applicable national and international laws. This research formulates issues concerning the regulation of peace rights under national law, the arrangement of the right of peace in international maritime law and the enforcement of foreign ships in Indonesian territorial sea the relevance of the right of peace. The method used in this study is the normative juridical method with data collection techniques in the form of document studies and legislation. The result of the research that since Djuanda Declaration, the Government of Indonesia continue to strive for the concept of insight of the archipelago to the countries in the world in international forums both bilaterally, trilateral and multilateral, the result of diplomacy is the acceptance of the Islands State in UNCLOS 1982. Then in the right of peace transnational state must respect the right of peaceful passage for foreign vessels to pass through its archipelagic waters in accordance with the provisions and regulations applicable in UNCLOS 1982 and law enforcement for foreign vessels in Indonesian waters has been regulated in legislation in the form of Conventions, Declarations and Laws nationally, but the facts on the ground proved a violation committed by foreign ships crossing the Indonesian territorial sea. Keywords: Lintas Damai, Teriorial Sea, National and International Law  
TINJAUAN HUKUM INTERNASIONAL MENGENAI OTORISASI PENGGUNAAN PRIVATE MILITARY CONTRACTORS (PMC) OLEH DEWAN KEAMANAN PBB Elsyam Maulana; Suhaidi Suhaidi; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT   Elsyam Maulana Suhaidi Sutiarnoto   In the political history of mankind, most of many events which were written are wars and peace. From the World War I, World War II, The Cold War, and apparently most of recent wars occurred, need an abundant of troops in which were/are expected to be able to fulfill the purpose of war of many countries. Due to the lacks of states in accommodating the amount of their national armies, therefore there is an expansion of private sectors as contractor of military and security services which nowadays are globally known as Private Military and Security Companies (PMSC) The research of the paper mainly uses the method of Normative Legal Writing Approach (Normative Judiciary) with Qualitative Data Approach. The method of Normative Judiciary is used within this research is harnessed to explore on the legal norms in the constitution regarding Private Military Contractors or companies which provide the private military services in order to be perceived upon the International Laws. The involvement of Private Military Contractors (PMC) in peacekeeping and security had been commenced from the Peace Operation in Africa, 1992, and begun to be seen from the 90s up to now. Contextually, due to the chaotic understanding upon the role, status, accountability, the regulation of the private military firms, and the international practice of PMC, therefore the role of UN Security Council (UNSC) and its authority in the sphere of national military activities of nations within international military conflicts is profoundly necessary. Based on the perspectives aforementioned, the research is able to formulate some of main problems incurred such as on how is the regulation of PMC in International Laws, on the use of PMC which is commonly globally practiced by the states, and on the role of UN Security Council (UNSC) in regards to authorize the states to use the PMC services within Enforcement Missions. In the end, we are able to summarize that the authorization of the use of Private Military Contractors (PMC) by UN Security Council is conductible upon nations based on the International Laws in general. Keywords: Private Military Contractors (PMC), Authorization 1The Student of Law Faculty of Universitas Sumatera Utara 2The Supervisor I, The Professor in Law Faculty of Universitas Sumatera Utara 3The Supervisor II, The General Academic Lecturer in Law Faculty of Universitas Sumatera Utara
PENARIKAN DIRI AMERIKA SERIKAT DARI KEANGGOTAAN KOMISI PENGUNGSI INTERNASIONAL (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES) SUATU TINJAUAN HUKUM INTERNASIONAL Hengki Hengki; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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ABSTRACT Hengki* Prof. Dr. Suhaidi, S.H, M.H** Dr. Jelly Leviza, S.H, M.Hum*** The intensity of relations between countries in the world today is very high. Collaborations established by each countries are an effort to realize the national interests of the country. A forum for building relationships with other countries is known as International Organizations. The International Organizations are formed by the exixtence of a joint agreement that contain the rights and obligations of member countries, one of them is in terms of withdrawal from membership of International Organization. The problem of withdrawal from The United Nations High Comissioner for Refugees (UNHCR) membership is regulated in the 1951 Convention on the Status of Refugees and The Additional Protocol of 1967 is not widely regulated that in the end each country has the possibility of withdrawing. Therefore, the method used in this thesis is normative legal research which is a methid conducted on applicable legal norms, both originating from national law and international law. The normative research method is a scientific procedure for finding truth based on legal scientific logic from the normative law and the nature of research are descriptive analytical which describes national legal norms and norms of international law, related to United States withdrawal from United Nations High Comissioner for Refugees (UNHCR) membership as an International Organization. Analysis of United States withdrawal from United Nations High Comissioner for Refugees (UNHCR) membership and The New York Agreement Declaration of Refugees and Migrants under the International Law refers to article 54 of the 1986 Vienna Convention stating that withdrawal can be carried out if it is included in the relevant international agreement or can be carried out at anytime. Futhermore, it is also explained in the provisions of Article 44 Paragraph (1) of the 1951 Convention on the Status of Refugees that states every country that has become a member can cancel this convention at anytime with a notification submitted to the General Secretary of the United Nations. Thus, the actions and steps taken by the United States in this case have gone through appropriate procedures even though the act of with drawal is considered to indicate a lack of a strong commitment to overcome global problem.       Key Word : International Organization, UNHCR, Vienna Convention 1986, United                       States, Withdrawal.
TINJAUAN YURIDIS MENGENAI IMPEMENTASI PUTUSAN MAHKAMAH ARBITRASE INTERNASIONAL DITINJAU DARI PUTUSAN “PERMANENT COURT OF ARBITRATION CASE NO. 2013-19” ANTARA FILIPINA DAN CHINA TENTANG CLAIM ATAS PERAIRAN NATUNA DI LAUT CHINA SELATAN Nico Hermawan Sipayung; Suhaidi Suhaidi; Makdin Munthe
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Nowadays, arbitration institutions are increasingly recognized by the public as an alternative to dispute resolution other than through the courts both in Indonesia and internationally. However, this does not mean that the method of resolving disputes through arbitration is the perfect method. Arbitration has several weaknesses, especially in terms of the recognition and implementation of international arbitration decisions. Arbitration does not have the power or authority to execute its decisions. In practice, a court has the authority to reject an international arbitration award. In this regard, this study aims to find out how the implementation of the International Arbitration Court's decision in adjudicating a regional dispute between countries. In addition, this study will also analyze decisions aimed at resolving disputes over a region's claims. This research uses a normative juridical approach. The writing method used in this study is library research through an inventory of materials from books, journals, articles, dictionaries, international legal instruments and other scientific writing related to this research. Based on the research that has been done, it can be concluded that the International Arbitration Court has the authority to decide on a territorial dispute in which the two disputing countries have been bound by a convention and deemed to have complied and obeyed the agreement made. It should be noted that in this regard, China as the defendant has ratified UNCLOS 1982 and is also a member of the United Nations. This became a bright spot in the dispute over the South China Sea waters involving the Philippines as the plaintiff. The issue of the fall of the International Arbitration Court's decision arises because of the response from China to boycott the judicial body.    
PENCEMARAN LINGKUNGAN LAUT AKIBAT LIMBAH PLASTIK DI PERAIRAN KEPULAUAN INDONESIA DITINJAU BERDASARKAN PENGATURAN HUKUM INTERNASIONAL DAN NASIONAL INDONESIA Deayu Deayu; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Prof.Dr. Suhaidi, SH.M.H* Dr. Jelly Leviza SH.M.Hum** Deayu*** Indonesia is an archipelago country where 70% of its territory is ocean. The crisis of the marine ecosystem due to plastic waste is currently very crucial and is being widely discussed. Plastic waste is bad for the environment because of the nature of the plastic that is difficult to decipher. The pattern of activities that are completely plastic can accelerate the process of reducing oxygen, increasing the killing of marine life, and damaging the digestive system of marine life and ultimately returning to our own losses. Further international legal provisions concerning the protection of the marine environment are regulated in the Stockholm Declaration 1972, London Convention 1972, London Protocol 1996, MARPOL 73/78, and UNCLOS 1982. National legal provisions in the prevention, reduction and management of marine environment pollution due to plastic waste can be seen in PP No.19 of 1999, Law No.32 of 2009. The role of the Indonesian state in the protection of the marine environment the scope of its implementation includes planning, controlling, maintaining, controlling, utilizing marine environment resources for the welfare of the people's lives and law enforcement such as Presidential Regulation No . 83 of 2018. The research method used in this study is a normative legal research method, where primary data is taken from international agreements and legislation that have relevance in this study. Based on the results of this study indicate that the quality of the environment including the declining marine environment will threaten  the survival of human beings and other living things. Therefore, the international community through international organizations to further encourage countries to maintain the condition of the sea, as well as take all necessary measures to deal with the problem of pollution of the marine environment.   Keywords: Archipelago Country, Marine Pollution, Plastic Waste  
PENGGUNAAN PELURU KLASTER (CLUSTER MUNITION) YANG DILAKUKAN ARAB SAUDI DI YAMAN DITINJAU DARI HUKUM INTERNASIONAL Muhammad Faris; Suhaidi Suhaidi; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT CLUSTER MUNITION CLUSTER USED BY SAUDI ARABIA IN YAMAN VIEWED FROM INTERNATIONAL LAW Muhammad Faris Prof.Dr.Suhaidi, SH., MH** Sutiarnoto, SH.,M.Hum*** War is inevitable. Therefore, a legal arrangement was made regulating war, which is now known as International Humanitarian Law (International Humanitarian Law or IHL). The legal arrangements governing war are aimed at ensuring that a war is not carried out indefinitely. One of the restrictions placed on international humanitarian law is the use of permitted weapons. International humanitarian law prohibits the use of weapons of mass destruction in armed conflict. Issues that will be discussed in this study are first, How is the regulation of International Law and the role of the United Nations in solving the problem of war crimes; second, how to regulate the use of Cluster Munition according to International Law; third, how is the regulation of International Law on the issue of using the Cluster Munition used by Saudi Arabia in the conflict in Yemen. The writing method used in this study is a normative juridical method which is carried out by examining library materials and secondary data, which in this case is the applicable international legal norms governing the prohibition of using Cluster Bullets as contained in various International Law instruments. The results of this study indicate that the Saudi Arabian Coalition has been proven to use various cluster bullets as weapons in excessive armed conflict in Yemen according to International Humanitarian Law. The use of cluster bullets in military attacks carried out by the Saudi Arabian Coalition against the Houthis also had a negative impact on society in Yemen. Cluster Bombs are very threatening to civilians, for two reasons; the area effect is very broad, and will leave many unexploded bomblets so dangerous for human lives. According to International Humanitarian Law, Cluster Bullets are also prohibited because they violate military requirements and humanitarian principles. Because international law has the characteristic of not being able to be imposed on countries, it is therefore recommended that Saudi Arabia be given a sanction in the form of revocation of certain rights, for example closing the opportunity to become a UN security council for several years. Keywords: War Crimes, Saudi Arabia, Cluster Munition, Cluster Bullets
PENEGAKAN HUKUM TERHADAP KAPAL ASING YANG MELAKUKAN PENCURIAN IKAN DI WILAYAH PERAIRAN INDONESIA BERDASARKAN UNCLOS 1982 Samudera Kevin Perkasa; Suhaidi Suhaidi; Abdul Rahman
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT   LAW ENFORCEMENT OF FOREIGN SHIPS WHICH DO FISH THEFTING IN THE REGIONINDONESIAN WATERS BASED ON UNCLOS 1982   Illegal fishing practices are organized transnational crimes and have caused serious damage to Indonesia and other regions in the region. In addition to economic, social and ecological problems, this practice is an act that attaches the nation's territory. The main question in this study is the national law against the sinking of vessels that commit fish theft in Indonesian hunting areas. The impact of the sinking of foreign vessels conducting fish shipping in the Indonesian shipping area in the perspective of international law. Law enforcement against foreign vessels conducting voyages in the territory of Indonesian ships based on 1982 UNCLOS. This type of research or research method conducted is a normative legal research method or called legal research carried out by means of researching library materials or mere secondary data. Law Number 45 of 2009 concerning Amendment to Law Number 31 of 2004 concerning Fisheries. UNCLOS 1982 did not include the legal provisions for sinking foreign ships. The impact of the sinking of foreign vessels conducting fish shipping in Indonesian waters in the perspective of international law on the sinking of illegal foreign vessels will not affect bilateral, regional and multilateral relations between Indonesia and other countries. Law enforcement against foreign vessels that rescue fishes in Indonesian territorial waters based on 1982 UNCLOS, international law enforcement at sea is a step or prevention as well as efforts to improve and discuss compliance with international legal provisions. Keywords: Law Enforcement, Foreign Vessels, Fish Theft.[1] * Samudra Kevin P, FH Student. USU** Prof. Dr. Suhaidi, SH., M.H, USU Law Faculty Lecturer*** Abdul Rahman, S.H., M.H, USU Law Faculty Lecturer  
PERANAN PROTOKOL MONTREAL 1987 DALAM MENANGGULANGI EFEK RUMAH KACA DI INDONESIA Tania Yosefin Agustina Silalahi; Sutiarnoto Sutiarnoto; Suhaidi Suhaidi
Journal of USU International Law Vol 8, No 2 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Tania Yosefin Agustina Silalahi * Dr. Sutiarnoto, SH. M.Hum ** Prof. Dr. Suhaidi, SH. M.H *** The international community for the first time raised the agenda in international relations which was marked by the holding of the United Nations (UN) convention in 1972 in Stock Holm, Sweden as an early milestone in saving the environment globally. The Montrea Protocol Convention; 1987 was formed due to the industrial revolution that occurred on a large scale, especially in European countries. In its agreement the Montreal Protocol has been revised 7 times, including in 1990 in London, 1991 in Nairobi, 1992 in Copenhagen, 1993 in Bangkok, 1995 in Vienna, 1997 in Montreal and 1999 in Beijing. It is believed by the international community that layers of ozone are expected to recover by 2050. Some of the ozone-depleting substances controlled by this agreement include CFC (Cholorofluorocarbon), Hallon, Tetrachlorite, Methyl Chlorofome, Hydro, Cholorofluorocarbon (HFC) and Methyl Bromide. The aim of this agreement is to realize that emissions worldwide can significantly deplete and reduce the ozone layer which impacts on human health and the environment, determined to protect the ozone layer by taking precautions to control global emissions. This agreement has been ratified by the Republic of Indonesia since 1992 with Presidential Decree No. 23 of 1992. In this case the Montreal protocol is one of the agreements responsible for the recovery of the ozone layer. This research is a normative legal research. To obtain accurate and in-depth data as desired by referring to the nature of the assessment developed in this research, data collection techniques are used through literature study where the data is collected through books, journals or writings or scientific articles. The results of this study indicate that around the 1970s environmental issues were considered and for the first time were raised as an agenda in international relations which was marked by the convening of the United Nations Conference (UN) in 1972 in Stockholm Sweden which was the first milestone in saving the environment globally. The 1987 Montreal Protocol has been revised seven times and has been ratified by 196 countries. The position of the 1987 Montreal Protocol in this agreement was made as a bulwark in controlling ozone depleting substances and replacing them with safer materials. This agreement is designed to implement climate change which aims to stabilize the concentration of greenhouse gases that are expected to tackle the greenhouse effect in preventing, depletion of the ozone layer which is expected to be better. Indonesian prospects after implementing the Montreal 1987 Protocol will bring many opportunities for Indonesia, in terms of environment, the ozone layer will increasingly recover and the side effects of ozone layer depletion such as UV-B rays will be reduced, not only in terms of the environment, good prospects will arise in terms of the economy where local companies switch to environmentally friendly technology or green industry will be more many innovations to be able to compete in the market Keywords: Ozone, Greenhouse Effect and Ozone Layer Depletion * University of North Sumatra University Faculty of Law students ** First Advisor of the Faculty of Law, University of North Sumatra *** Supervisor II of the Faculty of Law, University of North Sumatra
PERBUATAN PIDANA DAN PERTANGGUNGJAWABAN PIDANA DALAM PERKARA KORUPSI ANGELINA PATRICIA PINGKAN SONDAKH (Studi Putusan Mahkamah Agung Nomor 1616 K/Pid.SUS/2013) Ibrahim Ali; Syafruddin Kalo; Mahmud Mulyadi; Suhaidi Suhaidi
JURNAL JUSTIQA Vol 2, No 2 (2020): VOL 2 NO 2 TAHUN 2020
Publisher : Universitas Quality

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Differences among judges stem from the understanding adhered to in criminal enforcement and criminal responsibility. Fulfillment of criminal acts of corruption committed by convicts to lead project budgets at the Ministry of National Education and the Ministry of Youth and Sports to the Permai Group. The problem is the criminal responsibility in the Supreme Court Decision Number 1616 K / Pid.Sus / 2013, causing differences of opinion between court judges. Not the criminal act of corruption committed by convicted persons related to shifting the budget at the Ministry of National Education and the Ministry of Youth and Sports to the Permai Group to take care of the formulation of the elements in Article 12 letter a of the UUPTPK. Subjective elements include state administrators, reasonably presumed, while the objective includes receiving gifts or promises, and the objective of moving the project budget to Permai Group, contrary to its obligations. The results of the study show that criminal liability in this case fulfills the unintentional act of bribery, not active gratification, because there is an agreement between the bribe giver and the bribe recipient. Judges of the Central Jakarta District Court and PT DKI Jakarta must interpret the law and facts better and carefully with an understanding of dualism in criminal conviction, and should also say that the formulation of Article 12 letter a of the UUPTPK contains the offense of bribery, not active gratification.
Co-Authors Abdul Rahman Ahmad Muwafik Alimuddin Sinurat Andy Andy Anggelica Regina Sinamora Anggiat Simamora Anto Sibarani Arif Arif Bambang Rubianto Bismar Nasution Deayu Deayu Dina S.T Manurung Donny Tanaka Silalahi Elsyam Maulana Faisal Akbar Nasution Fajar Khaifi Rizky Friska Messelina Sirait HASIM PURBA Hengki Hengki Ibrahim Ali Jelly Leviza Jordan Fahran Brelian Jusmadi Sikumbang Laila Fitriani Siregar Laurentia A. Kartika Mahmud Mulyadi Mahmul Siregar Makdin Munthe Melda Theresia Sihombing Melinda Gultom Mirza Nasution Muhammad Abduh Muhammad Faris Muhammad Hamdan Mulyadi Mulyadi Nanda Qurrata A’yuni Nico Hermawan Sipayung Novie Andriani Kesuma Nur Dwi Andhika Putra Paulina Tandiono Pendastaren Tarigan Rivai H Sihaloho Roni Eko Wisuda Rambe Runtung Runtung Samitha Andimas Putri Samudera Kevin Perkasa Suadela Liu Sultan Kayyis Giandra Sutiarnoto Sutiarnoto Syafruddin Kalo Tania Yosefin Agustina Silalahi Wahyudi Agung Pamungkas Windy Sri Wahyuni Yefrizawati Yefrizawati Yuliana Yuli Yuliana Yuli Wahyuningsih Yuthi Sinari Zainal Abidin Pakpahan