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All Journal Yustisia Lentera Hukum Bimbingan dan Konseling Jurnal Dinamika Hukum Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Jurnal Yudisial Uti Possidetis: Journal of International Law Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Unisia VISA: Journal of Vision and Ideas Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies)
Sefriani Sefriani
Faculty Of Law, Universitas Islam Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Yustisia

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The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar Bugivia Maharani Setiadji Putri; Sefriani Sefriani
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54279

Abstract

This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute
FAIR AND EQUITABLE TREATMENT STANDARD IN THE INTERNATIONAL INVESTMENT AGREEMENTS Sefriani .
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.18536

Abstract

In the last five years, the number of investors who suit against host state in the international arbitration forum increased significantly. Almost all lawsuits used fair and equitable treatment (FET) standard which has been violated by the host state. Most of international investment agreements including those that were made by Indonesia contain FET standard clauses. However, there are no definitions related to this standard. This condition potentially raises a very wide interpretation of the standard. The problem formulations in this article are how the history of FET is, where its position in international investment law is and what elements of FET standard are. The results show that the FET standard has existed since Havana Charter followed by various FCN, BIT and other international investment agreements. FET standard can be categorized as customary international, legally binding on all countries regardless their national law. Although there is no universal approval regarding the scope of FET standard, the writings which have been published and the arbitral tribunal decision mentions that those elements are legitimate expectation; due process; denial of justice; rule of law; non- discrimination; transparency; consistency, good faith, and reasonableness.
The Legality of Israel’s Self-Defense Claim of the Strikes on Hamas Vania Lutfi Safira Erlangga; Sefriani Sefriani
Yustisia Vol 11, No 3: December 2022
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v11i3.61262

Abstract

The attacks by Israel against Palestine, which took place from 10th to 12th May in the Gaza Strip caused massive losses of civilians. Israel claims that the strikes are forms of self-defense in response to previous attacks by Hamas. This study has two objectives: (1) to analyze the arrangements of self-defense in international law and (2) to find out the legality of Israel’s self-defense claim of the strikes on Hamas on May 10-12, 2021. The study was a juridical-normative legal study with a conceptual, historical, and statutory approaches. The results of the study reveal that (1) self-defense is customary international law contains in Article 51 of the United Nations Charter; (2) Israel’s self-defense claim is invalid since it does not comply with Article 51 of the United Nations Charter and elements contained in International Customary Law, such as necessary, proportionality, immediacy, and imminence.
Co-Authors Bugivia Maharani Setiadji Putri Dodik Setiawan Nur Heriyanto Febriani, Yasyfa Fitria Kasih Ghaisani, Amalina Julian, Aris Rahmat Khoirunnisa, Hafara Mohammad Ikhsan, Mohammad Monteiro, Seguito Putra, Jaya Indra Santosa Putra, Jaya Indra Santoso Putro, Yaries Mahardika Ramadhan, Muhammad Rizki Safitri, Alya Ananda Seguito Monteiro Setiadji Putri, Bugivia Maharani Sri Wartini Tamas, Fezer Vania Lutfi Safira Erlangga Yusnetti Yusnetti