Siti Muslimah
Faculty of Law, Universitas Sebelas Maret

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TINJAUAN HUKUM INTERNASIONAL ATAS SERANGAN MILITER AMERIKA SERIKAT TERHADAP ISLAMIC STATE OF IRAQ AND SYRIA DI WILAYAH NEGARA IRAK DAN SURIAH Rizky Irfano Aditya; Siti Muslimah
BELLI AC PACIS Vol 2, No 1 (2016): June, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (120.687 KB) | DOI: 10.20961/belli.v2i1.27442

Abstract

This research aims to determine International law view on theUnited States military agression against Islamic State of Iraq and Syria in the territory of Iraq and Syria.This research is a normative research viewed from prescriptive with statute and case approach. This research is using primary legal materials and secondary legal materials. The legal materials collected through library research and study of the document which is then analyzed using a technique based on the method of deductive reasoning deduction. The result shows that U.S. military agression against Islamic State of Iraq and Syria in the territory of Iraq and Syria never violates international law. Intervention, which practically is prohibited because its capability of violating state’s sovereignity gets its legitimation by several conditions. Responsibility to Protect principle which concerns on human rights establishment also bridges intervention and state’s sovereignity principle.
KAJIAN TENTANG PENUNDAAN EKSEKUSI MATI BERDASARKAN INSTRUMEN HUKUM HAK ASASI MANUSIA INTERNASIONAL Dhani Kristanto Utomo; Siti Muslimah; Handojo Leksono
BELLI AC PACIS Vol 2, No 2 (2016): December, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.241 KB) | DOI: 10.20961/belli.v2i2.27454

Abstract

This research purposed to get a legal argumentation related of the prolonged delays in the execution according to instruments of international human rights law. The question will be answered based on the norms and principles of international human rights law. The sources of this research are international conventions, doctrine, customary international law, publications, and national law in Indonesia. The legal sources collected by library research. The result show that the prolonged delays in the execution may violate Article 14 paragraph (3)c and Article 7 of the Covenant on Civil and Political Rights. There are so many countries, included Indonesia, have violated those articles.
PENYELUNDUPAN IMIGRAN DI PERAIRAN INDONESIA DITINJAU DARI HUKUM INTERNASIONAL Monica Kristiani Sitompul; Siti Muslimah; Anugrah Adiastuti
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.564 KB) | DOI: 10.20961/belli.v1i2.27406

Abstract

This research examined the problems regarding how the arrangement of immigrant smuggling on the sea based on UNCLOS 1982, the United Nations Convention against Transnational Organized Crime, and the Protocol against the Smuggling of Migrants by Land, Sea, and Air, supplementing the United Nations Convention against Transnational Organized Crime, and its uniformity to domestic law  also how Indonesia's obligations in dealing with immigrants who enter Indonesian waters by way of smuggled upon international law. This research was prescriptive normative law using secondary data types included primary and secondary legal materials. Data collection technique used literature studies which were analyzed with deductive method. The results showed that the arrangement immigrant smuggling on the sea that is based on the Act No. 6 of 2011 on Immigration, Act No. 6 of 1996 on Indonesian Waters, Government Regulation No. 36 of 2002 on the Rights and Obligations of Foreign Ships to Implement of Innocent Passage pass through Indonesian Waters and Government Regulation No. 37 of 2002 on the Rights and Obligations of Foreign Ships and Aircraft to Implement Right Through Islands Lanes Archipelagic Sea Lanes Defined already appropriate with UNCLOS in 1982, the United Nations Convention against Transnational Organized Crime, and Protocol against the Smuggling of Migrants by Land, Sea, and Air, supplementing the United Nations Convention against Transnational Organized Crime. Obligation to handling these immigrants, the Directorate General of Immigration is helped by international organizations, namely the IOM and UNHCR. The need fulfillment such as food, beverage, medical, and daily necessities is assisted by IOM while the determination of immigrants as refugees or not is decided by UNHCR, if the asylum application is rejected then the immigrant will be deported to their home country and then Directorate General of Immigration will taking care of official documents for the migrant reparation into their country.
EKSIL POLITIK DALAM PERSPEKTIF HUKUM PENGUNGSI INTERNASIONAL Muhammad Faisal; Siti Muslimah; Ayub Torry Satrio Kusumo
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.53 KB) | DOI: 10.20961/belli.v3i1.27458

Abstract

This research discusses the experience of Indonesian exiles. Presented in a chronological order from their departure to foreign countries until the post-Suharto era. It shows a strong interaction between international and domestic political battles as the context of their origin. Organized based on observations of the Indonesian exiles, in addition to related literature review, this research points out the effort by the exiles to maintain their nasionalist commitment by creating a counter narrative to Indonesian historiography that neglected them. This research is normative legal research which is descriptive. In nature the data used in this research is secondary data including primary legal materials, secondary and tertiary. Data collection techniques used is library study and through cyber media. A Convention 1951 on the status of refugees and the 1967 Additional Protocol will be the main instrument to be considered. Technical analysis is content analysis method.The results showed that the presence of exiles in accordance with the definition of a refugee under the Vienna Convention 1951 and Protocol of 1967. In addition, as a result of government policy in the past makes the fulfillment of the political-constitutional rights as citizens exile has not fulfilled properly according to the UUD 1945.