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Diah Apriani Atika Sari
Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Negara Bahama dan Perusahaan Kapal MV Caledonian Sky Terhadap Kerusakan Terumbu Karang di Raja Ampat Berdasarkan Polluter Pays Principle Dina Anisa; Diah Apriani Atika Sari
BELLI AC PACIS Vol 5, No 2 (2019): December, 2019
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.241 KB) | DOI: 10.20961/belli.v5i2.40027

Abstract

On March, 4th  2017, a cruise ship, MV Caledonian Sky ran aground on the waters of the island of Kri, Raja Ampat, Indonesia and resulted in 18.882 square metres of coral reefs in that water damaged. Therefore, this study aims to determine the responsibility of the flag state of MV Caledonian Sky, the Bahamas, and MV Caledonian Sky’s company for the damage to coral reefs there. This study uses a descriptive type of doctrinal research. The sources of legal materials in this study are primary legal material and secondary legal material through literature study as a technique of collecting data. Meanwhile, the technique for analyzing the legal materials is a syllogism method with a deductive reasoning which all international legal regulations and the related national legal regulations as major premise and MV Caledonian Sky grounding incident at Raja Ampat as minor premise. The results of this study indicates that in accordance with the polluter pays principle, the Bahamas is responsible for its capacity as a flag state in accordance with the provisions of Article 94 of the United Nations Convention on the Law of the Sea and the ship company of MV Caledonian Sky could be responsible through two mechanisms, specifically through civil liability and risk sharing agreements. The risk sharing agreement is an automatic mechanism based on an agreement signed by the Master with Raja Ampat government, while civil liability must be preceded by a lawsuit from the government that uses its claim rights.
Upaya Penggugatan Tanggung Jawab Hukum Atas Kejahatan Internasional Yang Melibatkan Pasukan Perdamaian Perserikatan Bangsa-Bangsa Berdasarkan Ketentuan Hukum Internasional (Studi Putusan Rechtbank Den Haag 16 Juli 2014 atas Gugatan Stichting Mothers of Srebrenica Bosnia terhadap Negara Belanda dan PBB) Amanda Ulinnuha; Prasetyo Hadi Purwandoko; Diah Apriani Atika Sari
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.308 KB) | DOI: 10.20961/belli.v4i2.39981

Abstract

  The objective of this research is to analyze the responsibility of the United Nations (UN) and its Member States as subjects of international law, in relation to law enforcement against international crime involving the act of omission and/or the act of commission by on-duty peacekeeping soldiers in UN authorized Peacekeeping Operation. This legal research is a normative legal research. It sets sources of international law containing regulations and theories concerning responsibility of international organizations and states and immunity of the UN and its agents, as well as judicial decision established by the Dutch District Court for the Srebrenica Genocide as its normative grounds. This legal research is an analytical research. This legal research applies statute approach, case approach and conceptual approach and uses primary and secondary legal materials. The result of this research shows that both the UN and Member States can be held responsible for the conduct of their troops in the midst of peacekeeping operation as long as it is attributed to them.
Upaya Mitigasi Bagi Small Island Developing States (SIDS) Berbasis Renewable Energy Melalui Kerangka Unfccc Untuk Menekan Dampak Perubahan Iklim Dodi Roikardi; Siti Muslimah; Diah Apriani Atika Sari
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (536.541 KB) | DOI: 10.20961/belli.v4i1.39975

Abstract

The main issue in this research is about climate change phenomenon that causes several bad impacts to small island countries which also be known as Small Island Developing States (SIDS). According to those characteristics, SIDS countries is the most vulnerable parties of the climate change impacts. Therefore, several mitigation acts needed for reducing climate change impacts. International Climate Change Law has ruled mitigation acts in several law instruments, such as United Nations Framework Convention on Climate Change (UNFCCC) 1992, Kyoto Protocol 1997, and Paris Agreement 2015. Pacific and Caribbean SIDS has choosen renewable energy deployment as a part of its national mitigation, because they highly depended on the use of fossil fuels which is considered as climate change contributor for power generation. Pacific and Caribbean SIDS have taken mitigation measures based on renewable energy and already achieved its output, but there are still barriers such as low funding, lack of national law instruments that support its mitigation measures, and technical problems including the lack of technologies and human resources. So, SIDS should take several measures to eliminate these barriers for achieving the main purposes of climate change mitigation optimally.
Pemutakhiran Peta di Kawasan Laut Natuna Utara Sebagai Langkah Indonesia Menjadi Poros Maritim Dunia Rio Atnan Riyadi; Diah Apriani Atika Sari
BELLI AC PACIS Vol 5, No 1 (2019): June, 2019
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.802 KB) | DOI: 10.20961/belli.v5i1.40018

Abstract

 This study discusses the actions of the Indonesian Government updating maps in the North NatunaSea Area to make Indonesia a Global Maritime Axis. This study is based on legal research using the legal approach and case approach. Collection of legal materials through library studies and analyzed by deductive methods. The results of the discussion showed that updating maps in the North Natuna Sea could make Indonesia a Global Maritime Axis in terms of Defense, Security, Law Enforcement and Safety at Sea and Maritime Diplomacy based on Indonesian Maritime Policy in accordance with United Nations on The Law of The Sea 1982 ( UNCLOS 1982).
Co-Authors Amanda Ulinnuha Dina Anisa Dodi Roikardi Prasetyo Hadi Purwandoko Rio Atnan Riyadi Siti Muslimah