Anugrah Adiastuti
Faculty of Law, Universitas Sebelas Maret

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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.
WACANA PEMBENTUKAN ALUR LAUT KEPULAUAN INDONESIA (ALKI) RUTE TIMUR-BARAT DITINJAU DARI HUKUM INTERNASIONAL Eriec Firman; Sri Lestari Rahayu; Anugrah Adiastuti
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 (508.914 KB) | DOI: 10.20961/belli.v2i2.27456

Abstract

This research aims to determine and examines the problems regarding how is the juridicial ascpect of the issue of the designation of Indonesia’s Archipelagic Sea Lanes (ASL) East-West Routes. This research is a prescriptive normative legal research. This research use the 1982 United Netions Convention on The Law of The Sea (UNCLOS) as its primary legal sources. While literatures, expert opinions, as well as journals, scientific legal articles and other relevant document and also using the electronic based material, such as internet are used as the secondary law sources of this research. The sources were collected through the library study. Furthermore, those legal materials be treated and analyzed and had been used to answers the studied issues In terms of the Article 53 of 1982 United Nations Convention On the Law of The Sea, the results of the research show that Indonesia is in needs to complete the designation of Indonesia archipelagic sea lanes which would be completed through the designation of the East-West route of the Indonesia archipelagic sea lanes.
TINJAUAN HAK ASASI MANUSIA TERHADAP KASUS PEMENJARAAN PENOLAK DINAS MILITER KOREA SELATAN (STUDI PRESKRIPSI PERAN KOMITE HAK ASASI MANUSIA PERSERIKATAN BANGSA-BANGSA) Myra Karlini Bujung; Anugrah Adiastuti
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 (417.013 KB) | DOI: 10.20961/belli.v3i1.27462

Abstract

The main issue in this research is about injustice situation occur in South Korea regarding to the Conscientious Objection to Military Service. In the past 6 decades, sincere young men in South Korea have been convicted because of their refusal to the Miltary Service for reason of conscientious and their religion belief. Up until now, over 19.000 have been sentenced to imprisonment, which Jehovah’s Witnesses in majority. In 2007, the Korean Government announced that it would introduced an alternative service system for conscientious objectors. However in the following year, it canceled the plan because majority of people did not supported. This Korean Government stand on this issue draws international attention. In 2007, 2010, 2011, and in 2012 in more than 500 individuals cases, the United Nations Human Rights Committee concluded that South Korea violated article 18 of International Covenant on Civil and Political Rights (ICCPR) which guarantees freedon of conscience. In 2014, the committee adopted it’s 5th view against South Korea. The Committee accepted the authors claim that Souht Korea also violated Article 9 of the Covenant which prohibits arbitrary detention. On December 12th 2012, The Universal Periodic Review by United Nations Human Rights Council aims to assess the Human Rights situation in all it’s United Nations member states.The delegates of 8 state parties strongly urged South Korea to introduced an alternative service. But Korean Government has not taken any measures to improve human rights despite international warning.According to the current situation, Korean Government has to take the neccesary steps for recognizing Conscientious Objection by introducing the alternative service system.