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IMPLIKASI HUKUM TERHADAP PENGGUNAAN INCENDIARY WEAPONS DALAM KONFLIK BERSENJATA DI SURIAH DITINJAU DARI HUKUM HUMANITER Aryo Wahyutomo; Sri Lestari Rahayu
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

This research proposes to analyze the use of Incendiary Weapons in Syrian armed conflicts under International Humanitarian Law, as well as to determine the legal implications on the use of Incendiary Weapons in Syrian armed conflict. The results show that the practice of using Incendiary weapons by the Syrian and Russian government does not heed the rules in international humanitarian law and considered as war crime because the attacks launched by military jet of the Syrian Government On August 26, 2013 in the city of Urem Al-Koubra Aleppo and by the Russian government in the city of Aleppo and Idlib on 5 June to 10 August 2016 cause incidental loss to civilians and civilian objects in Syria. Under Article 2 of Protocol III Convention on Certain Conventional Weapons 1980 (CCW) It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary wepons. To create just war mechanism each parties to the conflict should respect and implement the rules of Humanitarian Law.

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

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.

LEGITIMASI PENERAPAN PRINSIP RESPONSIBILITY TO PROTECT DALAM PENGGUNAAN SENJATA KIMIA DI REPUBLIK ARAB SURIAH Dana Pieriza; Sri Lestari Rahayu
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

This research is aimed to find out the legitimacy of principal of responsibility to protect in armed conflict, especially the armed conflict that occur in Syria Arab republic which is become the focus in this research. The alleged violations against humanity and also the use of chemical weapons in this armed conflict become the main factor in enforcing the principal of responsibility to protect. This research is doctrinal or normative research that prescriptive in nature which is explain why law is still needed although there is already social norm. In analyzing the data that has been gathered and will be used in this research, case approach is used and a case study that occur in Kosovo and also Libya are used as reference. Based on the result in this research can be concluded that the used of principle of Responsibility to protect can justified, provided that certain criteria are met, like an occurrence of violations against humanity and also a failure of resolving this matter using a peacufull mean.

HOMO SACER: ANAK-ANAK PENGUNGSI INTERNASIONAL YANG LAHIR DI INDONESIA AKIBAT TIDAK DIPENUHINYA HAK UNTUK MENDAPAT KEWARGANEGARAAN Yuera Rizki Kaharudin; Sri Lestari Rahayu; Ayub Torry Satriyo Kusumo
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

International refugees phenomena gives birth to new problems to solve for national and international law like Geneva Convention 1951 or New York Protocol 1967 about refugee status, the handling of of international refugees, and the fullfilment and violation of their basic human rights. Indonesia is one of many the countries that declined to sign the Jenewa Convension and lack the nececery law to deal with international refugees that decide to come to the country. This lack of laws open up a loop hole that may cause the basic human right of international refugees to be violated. One of that right that may be violated is the right for international refugee’s kids who’s born in Indonesia to get Indonesian citizenship. This research will mainly talk about the problems regarding the citizenship of international refugee’s kids who’s bron in Indonesia. In addition it will also talk about international and national law in the spirit of solving the citizenship problem. Last but not least, this paper will also explain the condition of the stateless person that does not have their basic right granted in political commuties or a country. The right to citizenship is very crucial to fulfill human’s basic right and other rights that comes with citizenship. This is what Hannah Arendt called as the right to have right.

LEGITIMASI PELAKSANAAN REFERENDUM RAKYAT KRIMEA SEBAGAI UPAYA MENENTUKAN NASIB SENDIRI MENURUT KETENTUAN HUKUM INTERNASIONAL Bernardus Bayu Prasetyo; Sri Lestari Rahayu
BELLI AC PACIS Vol 1, No 1 (2015): June, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

The right to self-determination is one of the principles of international law that can be applied as a norm in various international agreements, notably on human rights law which state that all state or nation has the right to form political system and regulations by themselves which are free to develop economic, social and cultural rights using their own resources, but unfortunately the right to self-determination do not yet have the practical arrangements so that their use is often debated. The purpose of this research is to analyze the self-determination of the people of Crimea is in accordance with the rules of international law, the second to determine the legitimacy of the ballot by the citizens of Crimea which supports separation of Ukraine to join Russia, the third to know how the recognition of other countries on the outcome of the referendum of citizens Crimea. This case study discusses the principles of law and comparative law. Source of data used are primary and secondary data sources were obtained from literature. The conclusion from this study is self-determination are the principle embodied in international law, where such rights have been formulated in the UN Charter. The referendum conducted in Crimea produces option to secede from Ukraine and join Russia. The second, the implementation of the Crimean referendum is not in accordance with the principles of international law. Third, recognition in international law is a complex issue because it involves issues of law and politics, in the case of recognition of the Crimea it is reviewed by the declarative theory.

STATUS TERORIS DALAM WAR ON TERROR (KAJIAN BERDASARKAN HUKUM HUMANITER INTERNASIONAL) Ivan Fatoni Purnomo; Sri Lestari Rahayu
BELLI AC PACIS Vol 2, No 1 (2016): June, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

This research aims to analyze the legal status of terrorists in the war on terror in the perspective of international humanitarian law and to describe whether or not the applicable of international humanitarian law and the laws in force in the war on terror. This research is a normative research viewed from prescriptive. The data used secondary, include primary and secondary law materials. The technique of collecting data is library research. The technique of data analyzes is deductive reasoning technique. The results of research showed that the status of the terrorists in the war on terror is based on international law as non-state actors is not legitimate. Terrorist status in the war on terror in international humanitarian law can be considered as civilians during not involved in combat. If the terrorists involved in the battle, the legal status becomes unlawful belligerent. Geneva Conventions 1949 and Additional Protocols I and II 1977 which is the main source of international humanitarian law can not be applied to the situation war on terror because war on terror is not included as an international armed conflict and non-international armed conflict. However, war on terror still have to respect the fundamental principles that form the basis of international humanitarian law. War on terror can use the relevant national laws relating to the sovereignty of a country.

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