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All Journal Journal of International Law DE LEGA LATA: Jurnal Ilmu Hukum International Journal of Supply Chain Management JOURNAL OF SCIENCE AND SOCIAL RESEARCH Jurnal Ilmiah Galuh Justisi Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Community Development Journal: Jurnal Pengabdian Masyarakat ARBITER: Jurnal Ilmiah Magister Hukum Jurnal Hukum Lex Generalis Law_Jurnal PAMALI: Pattimura Magister Law Review Locus Journal of Academic Literature Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law & Policy Review Jurnal Intelek Dan Cendikiawan Nusantara Jurnal Intelek Insan Cendikia Sriwijaya Journal of Private Law ULJLS
Sutiarnoto Sutiarnoto
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PERANAN INTERNATIONAL ATOMIC ENERGY AGENCY UNTUK MENGAWASI PROGRAM NUKLIR IRAN DALAM KAITANNYA DENGAN IMPLEMENTASI JOINT PLAN OF ACTION 2013 Ekpi Yoksara Simbolon; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT International Atomic Energy Agency has the main role in the nuclear field. It is the Agency’s programmes for promoting peaceful uses of nuclear technology, and also ensuring that State’s nuclear activities is not used to such any military purpose. It applies safeguard to deliver effective nuclear verification. The method used in this thesis is normative legal research by analyzing articles of International Treaties such as Statute, Charter, Convention and Agreement. The results showed that IAEA has the authority to implement monitoring and verification in relation to the nuclear-related measures set out in the Joint Plan of Action 2013. Monitoring and verification are to confirm that Iran has undertaken the “voluntary measures” during the first six months. IAEA has started to undertake monitoring and verification in relation to the measures set out in Joint Plan of Action. Keywords : IAEA, Iran’s Nuclear Programme, Joint Plan of Action 2013
TRANSFORMASI HUKUM UNI EROPA TERKAIT PEMBENTUKAN HUKUM NASIONAL DI INGGRIS DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL Syaravina Lubis; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT Upheaval of a country's economy is one of the reason of formation of an international organization, namely the European Union. The objectives of the European Union itself are to promote throughout the community a harmonious development of economic activities, a continuous, balanced expansion, an increase in stability, an accelerated raising of standard of living, quality of life and closer relation between states. This research has a problem formulation that consist the transformation of EU Law into law in member countries of the European Union, EU Law transformation in the UK, and the challenge as a legal action related to the transformation of EU law in the UK according to the International Organizations Law. This reasearch uses a normative research method. The results of the research on the transformation of EU law into national law of the member states are forming Regulations, Directives, Decisions shall be applied in the member states. EU law has supremacy to override national law of member states. Transformation of EU law in the UK was began with the European Communities Act 1972 agreement that was Britain ratification over EU law. Challenge as a legal action related to the transformation of EU law in the UK allowed under Article 230 and 232 EU Treaty, within filing a complaint to the national courts in accordance with a predetermined time to carry out the challenge, the challenge actions can be end up with an amendment. In conclusion, the transformation law in the EU member states in the form of Regulations, Directives and Decisions. Transformation of EU law in the UK is regulated through the European Communities Act 1972. Challenge as a legal action related to the transformation of EU law in the UK is allowed in order to create a better implementation. Advices related to this research are the transformation of EU law must be ensured that has been implemented as it should. Transformation of EU law in the UK should be ensured that EU law can overriding British National Law in case of conflict with EU law that is directly effective. Talks in depth, ask opinions of representatives of each member state in order to reach unity for ease of implementation of EU law in member states as well as minimize the action of challenge against EU law. Keywords : European Union, Law Transformation, Challenge.
PENGATURAN PENERBANGAN SIPIL INTERNASIONAL MENURUT HUKUM INTERNASIONAL YANG MELINTASI ANTAR NEGARA Sudirman H. Nainggolan; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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ABSTRACT SETTING THE INTERNATIONAL CIVIL AVIATION ACCORDING TO INTERNATIONAL LAW ACROSS THE INTER-STATE   Civil aviation organization of international and national should refer to the norms of international and national laws that apply, to ensure the safety of passengers, crew aircraft, aircraft or goods transported. Where the implementation of civil aviation are arranged in a variety of international conventions The problem in this study is How open sky policy as air law instruments. How will the international law on state sovereignty over its territory and space in the international civil aviation settings How international law that crosses between States. This type of research used in this study is a normative legal research. Normative legal research is a research method that refers to the legal norms contained in laws and court decisions. Open sky policy as air law instruments. Open Sky Policy is an Open Skies agreement which allows air freight to make decisions in air travel capacity, pricing, and fully make liberal in the conditions of flight activity. Open sky policy (OSP) can be bilateral or multilateral. Setting international law on state sovereignty over space in the region is Article 1 of the 1944 Chicago Convention on international civil aviation, which reads: The contracting states recognize that every state complete and exclusive sovereignty over the airspace above its territory (each State bound by the Convention guarantees existing sovereign air space above its territory fully and exclusively). The setting of international civil aviation under international law that crosses between the State is Article 2 of the 1944 Chicago Convention over again explained that for the purposes of the 1944 Chicago Convention is meant State border (state territory) Keywords: Setting the International Civil Aviation
PERLINDUNGAN HUKUM BAGI TENAGA KERJA INDONESIA DI HONG KONG Rizky Akbar Prabowo; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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Abstract Indonesian Labor or communly called by workers is one of the biggest source of foreign exchange in Indonesia. In Asia, Indonesia is one of the largest countries in terms of contributing labor to other countries. In the placement until the deportations, should be existence of a rule of law that protects rather than the interests of the workers either own or of the recipient country. Legal norms that can be a rule in this case the norms of labor law and international law. The method used in this paper is a research library, which is by collecting materials from books, journals, internet, print media, international legal instruments and the results of other scientific papers are closely related to the intent and purpose of the preparation of this paper.   Keywords :      Indonesian Labor, Labor law, International law
KEBIJAKAN DONALD TRUMP MELARANG MASUKNYA PENGUNGSI KE AMERIKA SERIKAT DITINJAU DARI KONVENSI 1951 DAN PROTOKOL 1967 TENTANG STATUS PENGUNGSI Budyanto Budyanto; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTNowadays, the problem of refugees is a problem in our international world. The prolonged conflict in the refugee country's home has triggered a massive refugee camp. The United States under the Donald Trump government issue an executive order prohibit entry of Immigrants from 7 Muslim Majority Countries and all Refugees from any country which became a controversial policy. As the question in this paper is how the law of International Law for the refugees, how the sovereignty of a state with the binding force of International Law and the views of the 1951 Convention and 1967 Protocol against Donald Trump policy. The research used is normative juridical with descriptive nature. The data used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Methods of data data using literature study. Data analysis is done qualitatively. Refugees have existed long in human civilization. Refugees are groups of vulnerable people that threatened by violence and ill-treatment by both their home country and receiving country. The regulatory arrangements for internally displaced persons are an international custom that has existed within the time of the 1951 Convention and 1967 Protocol on Refugee Status. The Sovereignty of the State and International Law are seen opposed from one another, because there is no higher power than a country. That is why, it is difficult for International Law to actually eradicate a country. The United States was a party to the 1967 Protocol, but Donald Trump issued an Executive order that prohibiting Refugees entering the United States. What Donald Trump does is unethical in international customs. America is a party to the 1967 Protocol which has agreed to under the Protocol. Should as a country ratify the Protocol, the United States obey directly on the provisions of the Conventions and this Protocol. Keywords: Refugee Protection, Refugees, 1951 Convention and 1967 Protocol, Human Rights
PENGATURAN HUKUM TENTANG PENGAWASAN WILAYAH DIRGANTARA INDONESIA TERHADAP LALU LINTAS PESAWAT UDARA ASING DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Muhammad Denny Yusril Siregar; Abdul Rahman; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACT LEGAL SETTLEMENT ON THE SUPERVISION OF AREA REGIONAL AREA TO TRAFFIC AIRCRAFT AIRCRAFT IS REVIEWED FROM INTERNATIONAL LEGAL PERSPECTIVEThe issue of air traffic control and security and the safeguarding of aircraft is an important apek in legal arrangements made by countries. One aspect that needs to be taken into consideration in the utilization of air space and its resources is the jurisdiction problem. The problem of the regulation of Indonesian state air law. International air law arrangements. The legal arrangements on the supervision of Indonesia's aerospace territory against foreign air traffic are reviewed from the perspective of international law. Type of research or approach method that is done is normative law research method.The nature of the research is descriptive analytical. Research using descriptive analystis. The legal arrangement of Indonesian state airspace, namely Article 4 and Article 5 of Law no. 1 of 2009 concerning Aviation, aviation activities constitute a form of activity and or effort on the territory of sovereignty over the airspace authorized and liable to the Government as stipulated in Article 5 of Law no. 1 In 2009, that in the framework of the implementation of the sovereignty of the state over the territory of the Republic of Indonesia the Government shall exercise the authority and responsibility of the regulation of air space for the interests of defense and security of the state, aviation and national economy. Arrangement of international airspace law, namely Article 38 (1) of the Statute of the International Court of Justice, namely the legal sources of International Law, in the article which became the source of International Law, namely: Paris Convention 1919, Chicago Convention 1944 International Practices, Recognized by the civilized nation and Jurisprudence. The legal arrangements on the supervision of Indonesia's aerospace territory against foreign air traffic are reviewed from the perspective of international law, namely Law no. 1 of 2009 on Aviation, Law no. 24 of 1992 on Spatial Planning, Law no. 43 of 2008 on State Territory, Law Number 37 Year 2002 concerning the rights and obligations of foreign ships and aircraft in exercising the archipelagic sea lanes right and Government Regulation no. 3 of 2001 on the Security and Safety of Aviation, Government Regulation no. 70 of 2001 on the Airport. Keywords: Legal Arrangement, Supervision of Indonesia Aerospace Area Foreign Air Traffic
PENYALAHGUNAAN WEWENANG OLEH PEJABAT DIPLOMATIK DALAM MELAKSANAKAN TUGAS DIPLOMATIKNYA DITINJAU DARI ASPEK HUKUM INTERNASIONAL (Studi Kasus Penganiayaan Terhadap TKI oleh Duta Besar Arab Saudi di Jerman) Hanna Safira Nasution; Chairul Bariah; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACTOne form of cooperation between countries in the world is in the form of International Relations by placing diplomatic representation in various countries. This Diplomatic Representative has the right of immunity and privilege against the law of the receiving State Jurisdiction as well as civil and criminal immunity against witnesses. The purpose of this study was to find out the abuses of immunity and privileges committed by Saudi Arabian diplomatic officials against his personal servants in Germany. The normative method used in this study focuses on the legality of legal norms Positive immune rights and privileges granted by the Vienna Convention of 1961 to ensure the Implementation of diplomatic functions, but that does not mean diplomatic officials can be free To act in the recipient country. As a representative of the sending country, he shall respect the law and the rules of the receiving country (Article 41 paragraph 1 of the Vienna Convention of 1961). One of the Immunities enjoyed by diplomatic agents is the immunity from the criminal jurisdiction of State acceptance (Article 31 paragraph 1 of the Vienna Convention of 1961). If a diplomatic agent violates the laws and regulations of the receiving country, he can not be subject to sanctions under national law to accept the State because he enjoys immunity as found in Article 31 paragraph 1. In the case of 2009 Personality in Germany. The diplomat's private servant is an Indonesian migrant worker, named Dewi. Diplomat Of Saudi Arabia and his family did not pay wages according to agreement, Dewi was physically abused, and her passport was arrested. The actions of the diplomat and his family violated the provisions of Article 41 of the Vienna Convention of 1961. As the representative of the sending country (Saudi Arabia), the Diplomat could not be punished by German national law in chapter 31 verse 1 at the Vienna Convention of 1961.   Keywords: Immunity and privilege, diplomatic officer, Vienna Convention of 1961
PERAN PEMERINTAH REPUBLIK INDONESIA DALAM MENANGGAPI TUDUHAN ATAS PELANGGARAN HAM DI PAPUA Rahmah Sulaiman; Abdul Rahman; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT THE ROLE OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA IN RESPONDING TO ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS IN PAPUA Rahmah Sulaiman Abdul Rahman, S.H. M.H. Dr. Sutiarnoto, SH., M.Hum.   The unitary state of the Republic of Indonesia is a sovereign State so that no country can intervene or interfere with any problems encountered by the Republic of Indonesia in its national scope.As recently seven countries in the Pacific Islands have alleged that Indonesia is violating human rights in Papua. It was expressed by them in the United Nations forum, and according to Indonesia it includes the attitude that intervenes the sovereignty of the Unitary State of Republic of Indonesia.Indonesia responds to it through its right of reply in the United Nations forum. The type of research used in writing this thesis is normative legal research. Also, in this study the method of legislation approach is used by using primary and secondary legal materials.The required data is collected by means of library research and then presented systematically and analyzed by qualitative analysis method. The results of this study indicate that Indonesia has played its part by responding to statements from seven Pacific Countries accusing Indonesia of violating human rights in Papua. Indonesia takes diplomatic action in its right of reply at the UN forum.In essence, Indonesia denies the allegation by stating that Indonesia is a country that upholds human rights in which, in this case, Indonesia has ratified eight out of nine human rights instruments.And Indonesia has also made legal efforts in enforcing human rights in Indonesia by establishing an official institution or commission dealing with human rights issues in Indonesia.Furthermore, Indonesia states that Indonesia has a mechanism to deal with problems in Papua without any unnecessary intervention from any party.   Keywords: human rights, diplomatic action
MUTUAL RECOGNITION ARRANGEMENTS (MRAS) DALAM RANGKA MASYARAKAT EKONOMI ASEAN (ASEAN ECONOMIC COMMUNITY) DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN PENGARUHNYA TERHADAP HUKUM NASIONAL INDONESIA Tony Kesuma; Sutiarnoto Sutiarnoto; Mahmul Siregar
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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Mutual Recognition Arrangements (MRAs) in ASEAN Economic Community in the perspective of International Law and its effect in National Law. ABSTRACT   Tony Kesuma* Sutiarnoto** Mahmul Siregar***   ASEAN (Association of South East Asian Nations) is a regional organization that is composed of 10 Nations, namely Indonesia, Thailand, Malaysia, Brunei Darussalam, Lao, Cambodia, Singapore, The Phillippines, and Vietnam. ASEAN  is created to strengthen the diplomatic bond and increase the economies between member states. Because ASEAN also focuses on economy section, of course ASEAN already made quite a lot of programs to increase and generalizing the quality of human resources and chance of work, which one of their program is Mutual Recognition Arrangements (MRAs). The method author uses in this Journal is a Juridical Normative methods with category of Non Judicial Case Study, where author will explain about Mutual Recognition Arrangements (Especially in Service Sector), what MRA is in International Law, and its effects in Indonesia, especially in Legal sector. Resources in this Journal is mainly quoted from books, Law Articles, or other literatures.   The Effect of Mutual Recognition Arrangements (MRAs) in National Law is the making of Presidential Decree Number 82 Year 2002 about endorsement of ASEAN Framework on Mutual Recognition Arrangements (ASEAN MRAs), and Ministerial Regulation of Communication and Informatics Number 16 year 2012 about Guidance on the Implementation of the Recognition of a Foreign Country Test Center. There is also description about foreign worker in the professions mobilized by Mutual Recognition Arrangements in national law article, such as Article 18,19,21, and 22 of Law number 11 Year 2014 about Engineering, Article 24, 25, and 26 in Law number 38 Year 2014 about Nursery, Article 19, 20, 21, and 22 Draft Bill of Architectur, Article 7 of Ministerial Regulation of Trade number 14/M-DAG/PER/3/2006 about Provisions and procedures for Issuing a survey service business license, Article 30, 31, 32, and 50 of Law number 29 Year 2004 about Practice of medicine, Article 7 of Law Number 5 Year 2011 about Public Accountant, and Article 53 and 56 of Law number 10 Year 2009 about Tourism.
TINJAUAN HUKUM INTERNASIONAL MENGENAI OTORISASI PENGGUNAAN PRIVATE MILITARY CONTRACTORS (PMC) OLEH DEWAN KEAMANAN PBB Elsyam Maulana; Suhaidi Suhaidi; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT   Elsyam Maulana Suhaidi Sutiarnoto   In the political history of mankind, most of many events which were written are wars and peace. From the World War I, World War II, The Cold War, and apparently most of recent wars occurred, need an abundant of troops in which were/are expected to be able to fulfill the purpose of war of many countries. Due to the lacks of states in accommodating the amount of their national armies, therefore there is an expansion of private sectors as contractor of military and security services which nowadays are globally known as Private Military and Security Companies (PMSC) The research of the paper mainly uses the method of Normative Legal Writing Approach (Normative Judiciary) with Qualitative Data Approach. The method of Normative Judiciary is used within this research is harnessed to explore on the legal norms in the constitution regarding Private Military Contractors or companies which provide the private military services in order to be perceived upon the International Laws. The involvement of Private Military Contractors (PMC) in peacekeeping and security had been commenced from the Peace Operation in Africa, 1992, and begun to be seen from the 90s up to now. Contextually, due to the chaotic understanding upon the role, status, accountability, the regulation of the private military firms, and the international practice of PMC, therefore the role of UN Security Council (UNSC) and its authority in the sphere of national military activities of nations within international military conflicts is profoundly necessary. Based on the perspectives aforementioned, the research is able to formulate some of main problems incurred such as on how is the regulation of PMC in International Laws, on the use of PMC which is commonly globally practiced by the states, and on the role of UN Security Council (UNSC) in regards to authorize the states to use the PMC services within Enforcement Missions. In the end, we are able to summarize that the authorization of the use of Private Military Contractors (PMC) by UN Security Council is conductible upon nations based on the International Laws in general. Keywords: Private Military Contractors (PMC), Authorization 1The Student of Law Faculty of Universitas Sumatera Utara 2The Supervisor I, The Professor in Law Faculty of Universitas Sumatera Utara 3The Supervisor II, The General Academic Lecturer in Law Faculty of Universitas Sumatera Utara
Co-Authors Abdul Rahman Adrian, Rifki Adwani Adwani Agustining, Agustining Ahmad Junaidi P Alberto Sitanggang Ali Sentosa Alvi Syahrin Apriliandi, Ryan Arif Arif Arif Arif Azam, Saiful Budyanto Budyanto Chairul Bariah Chrisyela Sinaga Cindy Vania Lumban Batu David Leon A. Sembiring Dedi Syahputra Daulay Devi Azwar, T.Keizerina Edi Yunara Ekaputra, Mohammad Ekpi Yoksara Simbolon Elsyam Maulana Emia Tarigan, Vita Cita Evelyne Theresia Fahreza, Redy Farhan Faisal Akbar Nasution Febri Dermawan Fedriyanti, Irma Hanna Safira Nasution HASIM PURBA Hazza Azhar Arrijal Ida Nadirah Jelly Leviza Jennifer Jennifer Jesaya Brahmana Joshua P. Hutabarat Kamelo, Tan Karna, Etha Pricilla Limbong, Henman Madiasa Ablisar Mahendra Syam, Farhans Mahmud Mulyadi Mahmul Siregar MAHMUL SIREGAR Michael Willy Chandra Muhammad Denny Yusril Siregar Muhammad Faris Muhammad Surya Nusantara Sandan Mutia, Fara Napitupulu, Yazmine Nabila Nasser, Gamal Abdul Nasution, Siti Nurahmi Natasa Fransiska Elisabeth Siahaan NINGRUM NATASYA SIRAIT Novi Monalisa Anastasia Tambun Nurul Kamila Ojita Aziziyah Okky Wiratama Perdana, Surya Pramesti, Reyna Rahmah Sulaiman Ria Ekawardani Rizki, Mohd. Arif Rizky Akbar Prabowo Rizky, Fajar Khaify Rosmalinda, Rosmalinda Rosnidar Sembiring Safnul, Dody Samuel B. Nababan Saragih, Yael Argani Shahreiza, D. Sihombing, Eka N A M Silalahi, Saut Maruli Tua Silalahi, Tania Yosefin Agustina Sinulingga, Tommy Aditia Siti Sarra Sitti Yunike Allysha Solind Ruta Siregar Sudirman H. Nainggolan Suhaidi Suhaidi Suhaidi Suhaidi Sunarmi Sunarmi Syafruddin Kalo Syaravina Lubis Tania Yosefin Agustina Silalahi Tony Kesuma Utami, Vira Dwi Vira Dwi Utami Yamin Lubis Yan Jefry Barus Yerfizawati, Yerfizawati Zuan Driza