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All Journal Journal of International Law JURNAL MERCATORIA JISIP: Jurnal Ilmu Sosial dan Pendidikan JAGAT (Jurnal Geografi Aplikasi dan Teknologi) Jurnal Ilmu Administrasi: Media Pengembangan Ilmu dan Praktek Administrasi Jurnal Manuhara: Pusat Penelitian Ilmu Manajemen Dan Bisnis Riset Ilmu Manajemen Bisnis dan Akuntansi Jurnal Ilmu Administrasi: Media Pengembangan Ilmu dan Praktek Administrasi Muqaddimah: Jurnal Ekonomi, Manajemen, Akuntansi dan Bisnis Pusat Publikasi Ilmu Manajemen Perspektif: Jurnal Pendidikan dan Ilmu Bahasa
Arif Arif
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KEBIJAKAN DONALD TRUMP MELARANG MASUKNYA PENGUNGSI KE AMERIKA SERIKAT DITINJAU DARI KONVENSI 1951 DAN PROTOKOL 1967 TENTANG STATUS PENGUNGSI Budyanto Budyanto; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTNowadays, the problem of refugees is a problem in our international world. The prolonged conflict in the refugee country's home has triggered a massive refugee camp. The United States under the Donald Trump government issue an executive order prohibit entry of Immigrants from 7 Muslim Majority Countries and all Refugees from any country which became a controversial policy. As the question in this paper is how the law of International Law for the refugees, how the sovereignty of a state with the binding force of International Law and the views of the 1951 Convention and 1967 Protocol against Donald Trump policy. The research used is normative juridical with descriptive nature. The data used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Methods of data data using literature study. Data analysis is done qualitatively. Refugees have existed long in human civilization. Refugees are groups of vulnerable people that threatened by violence and ill-treatment by both their home country and receiving country. The regulatory arrangements for internally displaced persons are an international custom that has existed within the time of the 1951 Convention and 1967 Protocol on Refugee Status. The Sovereignty of the State and International Law are seen opposed from one another, because there is no higher power than a country. That is why, it is difficult for International Law to actually eradicate a country. The United States was a party to the 1967 Protocol, but Donald Trump issued an Executive order that prohibiting Refugees entering the United States. What Donald Trump does is unethical in international customs. America is a party to the 1967 Protocol which has agreed to under the Protocol. Should as a country ratify the Protocol, the United States obey directly on the provisions of the Conventions and this Protocol. Keywords: Refugee Protection, Refugees, 1951 Convention and 1967 Protocol, Human Rights
PERDAGANGAN ANAK (CHILD TRAFFICKING) LINTAS NEGARA DALAM KAJIAN HUKUM INTERNASIONAL Zaenab Farhana; Chairul Bariah; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTChild trafficking has long been happening on earth and is an act contrary to human dignity and prestige. This is a violation of human rights. In the past, child trafficking was only in the view of forcibly transferring abroad for the purpose of prostitution. But along with the times, trade is defined as transfers, especially children with or without the consent of the person concerned in a country or abroad for all exploitative labor, not just prostitution.   The type of research used in this study is normative juridical (legal research) that is by referring to various legal norms, in this case is international law and criminal law related to the sale of children across the country and the regulation of the prohibition.   The legal provisions governing the mediation of child trafficking are contained in the Convention on the Rights of the Child, namely article 35 which governs States to take national, bilateral and multilateral measures to interfere with the abduction, sale or trafficking of children for any purpose. This article does not provide a clearer explanation of child protection against child trafficking. The Convention on the Rights of the Child 1989 supplemented the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography set by the General Assembly of the United Nations on 25 May 2000. This Protocol aims to achieve the objectives of the Convention on the Rights of the Child and the application of further rules particularly those contained in articles 1, 11, 21, 32, 33, 34, 35 and 36.   Keywords: child trafficking, prevention, child rights
PERAN INTERNATIONAL COMMITTE OF THE RED CROSS UNTUK MELINDUNGI KORBAN AGRESI DI PALESTINA BERDASARKAN KONVENSI JENEWA 1949 DAN PROTOKOL TAMBAHAN I 1997 Hafni Zanna Dewi; Chairul Bariah; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTWar is the most thorniest issues in the world, reflect on the conflict which broke out into a cold war in Palestine made the world should be more sensitive to see that with the establishment of written rules regarding the Regulations on Human Rights are still not enough to cope with casualties falling, for this the ICRC stands, where the ICRC as a neutral institution that handles humanitarian issues from time to time are increasingly required by the international community. The ICRC has a major role in efforts to provide assistance and relief to victims of armed conflict, whether occurring in the territory of a country or between countries. This is evidenced also by the mandate given to the ICRC by the international community. ICRC has also shaped by the 1949 Geneva Conventions and Additional Protocol I and Additional Protocol II as a principal instrument in carrying out the functions and role in helping humanitarian work in conflict areas. The method used is a normative legal research methods with data collection procedures are the main source material of a legal nature normative law. Data were acquired and processed in a normative legal research is secondary data derived from literature sources. The research result of this paper shows that the authority of the ICRC in carrying out the functions and role in providing humanitarian assistance has been listed in the 1949 Geneva Conventions and their Additional Protocols I & II 1997, the Statutes of the Movement of Red Cross and Red Crescent International, and two protocols in addition, the process of its formulation supported actively by the ICRC. Going forward, the ICRC managed to deliver real action and the ICRC required role in dealing with victims of war. Keywords: International Committee of the Red Cross, the 1949 Geneva Convention,Additional Protocol I and II of 1977, the Israeli- Palestinian conflict.
ANALISIS YURIDIS MENGENAI KETERWAKILAN NEGARATERHADAP ORGANISASI INTERNASIONAL DITINJAU DARI HUKUM INTERNASIONAL Wira Paskah; Chairul Bariah; Arif Arif
Journal of USU International Law Vol 5, No 5 (2017)
Publisher : Journal of USU International Law

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ABSTRACT International Organization is a form of a collection of countries as members established under agreements agreed upon by each party and have the same objectives and have rights and obligations in the activities of that organization. In this case, including one for the representation of an international organization. One form of representation in international organizations is to send representatives to other countries. Back diplomatic that has been done since the first. A diplomatic representative is considered a representative of the state in a country's representation of an international organization. The method used is normative juridical, ie research conducted on applicable legal norms, both legal norms derived from national law as well as legal norms derived from international law. The normative juridical research method is a scientific procedure for discovering truth based on the analytical nature, behavior and norms of international law, the relationship with the representation of the state against international organizations. Based on this study, it can be concluded about the state's attachment to an international organization that has been regulated in the Vienna Convention 1975 (Vienna Convention on the Representation of States in Relation to the International Organization with Universal Character 1975. The State's representation of the international organization itself becomes a right. Is responsible for the international organization in which it further clarifies the existence of international organizations. Keywords: International Organization, Vienna Convention 1975, Representation Country
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  
RELEVANSI PROGRAM ASEAN Economic Community (AEC) DENGAN KEBIJAKAN PEMERINTAH DALAM MENINGKATKAN PEREKONOMIAN DAN SUMBER DAYA MANUSIA DI BIDANG PARIWISATA DI INDONESIA Siti Shindy Revani; Abdul Rahman; Arif Arif
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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ABSTRACT *) Siti Shindy Revani **) Abdul Rahman, SH., M.H ***) Arif, SH., M.H Globalization requires ASEAN to create regional integration in Southeast Asia, one of the main pillars of ASEAN Vision 2020 is the ASEAN Economic Community (AEC) where one of its fields is Tourism.The problem that will be raised in this research is how to regulate the ASEAN Economic Community (AEC) in ASEAN regional organizations, form of cooperation in the Tourism sector within the scope of the ASEAN Economic Community (AEC) and also ASEAN Economic Community (AEC) program in Tourism sector in economic development and Human Resources in Indonesia. The purpose of this research was to determine the arrangements regarding AEC in ASEAN regional organizations, forms of cooperation in the of Tourism within the scope of the AEC and AEC program in Tourism sector in economic development and Human Resources in Indonesia. In this writing is a normative legal research. The data obtained and processed in this research are secondary data derived from library sources and then data were analyzed with qualitative descriptive. The results of this research shows that the arrangement of the ASEAN Economic Community (AEC) in ASEAN regional organizations cannot stand alone where it becomes a package of regionalism policies.The form of ASEAN Economic Community cooperation in the Tourism sector are between Indonesia and Singapore by signing the Memorandum of Understanding (MoU) on Tourism Indonesia-Singapore and between Indonesia and Vietnam is The Joint Commission Indonesia-Vietnam on Economic, Scientific and Technical Cooperation (JCESTC). The AEC program in the Tourism sector in economic development and Human Resources with promoting tourism programs, improving infrastructure and improving human resources through education and training. Keywords: Tourism, Economics, Human Resources,  ASEAN Economic Community     *) Law Studentof University of Sumatera Utara **) Counsellor I ***) Counsellor II
TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN DAN KEAMANAN DIPLOMAT DITINJAU DARI HUKUM INTERNASIONAL (STUDI KASUS PENEMBAKAN DUTA BESAR RUSIA DI TURKI) Sitti Yunike Allysha; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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ABSTRACT   Sitti Yunike Allysha* Dr. Sutiarnoto, S.H.,M.Hum** Arif, S.H.,M.Hum*** International Relations became one of the important aspects of the state, one of the ways is through the practice of diplomatic relations. In general, this practice is done by sending diplomatic representatives of a state to a foreign state, which is then granted immunity rights and guarantees for their safety, as provided by the Vienna Convention 1961. But in fact, the violation of these immunities and guarantees are still happening, one example of this case is the shooting of Russian ambassador for Turkey in Turkey in 2016. The issues raised in this study are how the rights and obligations of the sending state to the diplomatic missions of the foreign state, how the responsibility of a receiving state to the security and safety of diplomats and how is the settlement of the shooting of Russian ambassador to Turkey in Turkey in terms of the Vienna Convention 1961. The methodological approach used in this research study is the normative-legal research method. Firstly, this study was conducted using primary legal sources, such as analyzing the law and its codifications related to this study. Then the secondary legal sources, such as books, scientific journals, magazines, articles, and so on, as well as tertiary legal sources, such as dictionaries. The data collection techniques used in this research study was the library research. The conclusions which can be drawn from this research study are, in accordance to the Vienna Convention 1963, the foreign diplomatic representative has privileges and immunities which shall be respected by the receiving state. The receiving state has the responsibility to ensure the security and safety of diplomatic representative of the sending state. If it is violated, the sending state shall have the right to invoke the responsibility of the receiving state in accordance to the Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001. In the case of the shooting of Russian ambassador in Turkey, Russia shall have the right to invoke the responsibility of Turkey, but Russia declared that the shooting was a pure provocation by a third party. The two states were cooperating on the investigation, and the results alongside with the evidences obtained shows that the suspect is linked to the Gülenist Terror Group (FETÖ). Keywords: Responsibility of States, Protection and Safety, Diplomat, Shooting of Russian Ambassador   * Student of Faculty of Law University of North Sumatera ** Advisor Lecturer I of Faculty of Law University of North Sumatera *** Advisor Lecturer II of Faculty of Law University of North Sumatera
PERTANGGUNG JAWABAN KAPAL CALEDONIAN SKY ATAS KERUSAKAN TERUMBU KARANG YANG BERADA DI RAJA AMPAT Tasia Masyitah Purba; Abdul Rahman; Arif Arif
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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THE CALEDONIAN SKY SHIP’S  RESPONSIBILITY FOR CORAL REEFS DAMAGE THAT WAS IN RAJA AMPAT Abdul Rahman*) Arif**) Tasia Masyitah Purba***) The sea has special properties for human life.The sea which is the breadth of water that extends between the various continents and islands in the world of function sea can be divided as a source of food for humanity, as a trade highway, as a means of conquest, as a place of battle, as a place for fun and recreation and as a means of dividing and unifying the nation.The sea makes a big contribution as a place of fun and recreation for the community, considering the natural wealth in the Indonesian sea is very diverse.Indonesia has other marine and coastal potentials that are rich in Indonesia , which are an archipelagic country , which has 17,508 groups of islands and coastal systems having various biological resources such as mangrove forests, coral reefs,Coral reef ecosystems play a role as habitat for foraging, nursery and growing up, as well as a place for spawning for marine biota. One of Indonesia's underwater wealth is coral reefs .According to the Indonesian Institute of Sciences states that coral reefs can only live in clear and shallow sea waters (less than 40 meters), with sea water temperatures of 25-28 ° c , this environment depicting tropical waters of Indonesia with its tropical climate is a very good ecosystem for coral reef growth .Lately the problem of marine pollution has become a serious concern for both national and international countries.This problem is caused by nature and also humans.And this problem is a major threat to Indonesia's coral reef damage. The writing methodusedisdescriptive method with normative juridical approach (normative legal research).intended to obtain a complete and clear picture of the problems contained in the community that are related in accordance with the legal provisions andthe applicable regulations.normative juridical approach used in this writing is writing about legal norms contained in the legislation in force and also to trace legal norms contained in the applicable dispute resolution regulations and to obtain data and informationcontained in various literature in libraries, journals, research results, internet sites, newspapers and so on. on the 4th of March 2017 the British ship MV Caledonian S who had a weight of 4,700 GT brought 102 tourists and 79 crew members and was captain of Captain Keith Michael Taylor crashing and running aground in the waters of King Ampat and causing great damage to the coral reefs in these waters .It is known that the captain of the ship refers to instructions on the GPS without considering the wave factor and other natural conditions.And therefore Indonesia seeks to hold the Caledonian Sky ship accountable for damage caused. Key word: Accountability, coral reef, the ship Caledonian Sky.   * Student of Faculty of Law University of North Sumatera **1 Thesis Adviser of Law University of North Sumatera ***2 Thesis Adviser of Law University of North Sumatera
TINJAUAN YURIDIS MENGENAI KEKEBALAN DIPLOMATIK (IMMUNITY DAN INVIOLABILITY) DI NEGARA KETIGA MENURUT KONVENSI WINA 1961 Dedi Syahputra Daulay; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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ABSTRACT Dedi Syahputra Daulay* Dr.Sutiarnoto, S.H.,M.Hum** Arif, S.H.,M.Hum*** Every diplomatic representative carry out the duties and function officially enjoy the freedom to move and inviolability that nobody can interference either in receiving state or the third state. The immunity gives in order to perfom well their duties and fuction. Every single immunity they got should be protected by receiving state or the third state. The immunity itself consist with two parts, immunity and inviolability. Additionally, the immunities not only for its diplomatic repsentative but also for their family, staff even the servant shall enjoy this kind of immunity according to Vienna Convention 1961. This writing used library research approach or normative research, this method is done by collecting data as much as possible that comes from a relevant references which related to the issues, its concist the books, text, journal, jurisprudence, encyclopedia, international law literature, or even international political relation. The method used by normative law research or normative juridical that is a law research as a norm system. The norms that is related as principle, jurisprudence, agreement and doctrine. This research shown that immunity not only applicable in their receiving state but also in the third state while the diplomatic repsentative transit. Many case related to the immunities infringement the diplomatic representative did. One of them is Aljazair Diplomat flying to Brazil while transit in Dutch should face the concequence. The impact of the immunities infringement  not only for the diplomat itself but also the country whom they send them for diplomatic mission. Which eventually, create a state responsibility towards the immunities infringement that diplomat do. Keyword : Diplomatic immunities, Immunity and Inviolability, Third state * Student Faculty of Law University of North Sumatera ** Supervisor I and Lecturer Faculty of Law University of North Sumatera *** Supervisor II and Lecturer Faculty of Law University of North Sumatera
Co-Authors Abdul Rahman Ahmad Junaidi P Alfian Syahri Ananda Jakaria Ashari Maulana Siregar Ayu Nika Barin Barlian Budyanto Budyanto Carina Etta Siahaan Chairul Bariah Darul Ilmi Dedi Syahputra Daulay Deni Purba Depy Muhamad Pauzy Donny Tanaka Silalahi Eldi Yudianto Fahmi Sidik Fatimaturrahmi Fatimaturrahmi Fitriana Fitriana Hafni Zanna Dewi Hazza Azhar Arrijal Heike Larissa Tampubolon Ilmiawan Ilmiawan Iman Jauhari Jelly Leviza Jennifer Jennifer Kania Syafiza Laila Fitriani Siregar Maharany Fitri Marlina Marlina Marupa Hasudungan Sianturi Melinda Gultom Natasa Fransiska Elisabeth Siahaan Noor Husna Khairisa Novi Monalisa Anastasia Tambun Nunu Burhanuddin Ojita Aziziyah Paulina Tandiono Puspitasari Damanik Rafika Mayasari Siregar Rahmi Safrina Raisa Rafina Riadhi Alhayyan Rita Tri Yusnita Rivai H Sihaloho Sawaludin Sawaludin Sendi Muhamad Rizki Silviana Nurhilman Siti Shindy Revani Sitti Yunike Allysha Steffy Steffy Suci Aliana Putri suci putri lestari Suhaidi Suhaidi Sukuryadi, Sukuryadi Sutiarnoto Sutiarnoto Tasia Masyitah Purba Theresia Rizka Ully Situmorang Utami Gita Syafitri Vivi Marbun Wahyudi Agung Pamungkas Wedra Aprison Windy Widya Utami Wira Paskah Yan Jefry Barus Yudi Tri Anantha Zaenab Farhana Zuan Driza