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All Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama
Teddy Nurcahyawan
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Law, Crime, Criminology & Criminal Justice

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LEGALITAS DAN TANGGUNG JAWAB KOREA UTARA ATAS UJI COBA SENJATA NUKLIRNYA Dwiky Chandra; Teddy Nurcahyawan
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2220

Abstract

The legality of nuclear development and testing has been controversial among international community. North Korea, on 3 September 2017, conducted a nuclear testing that exploded in North Pacific Ocean by crossing the air of Hokkaido City, Japan. The nuclear testing has led to international complaints. As a state that has withdrawn from the Non-Proliferation Treaty since 2003, North Korea is not bound by the treaty law. However, it is argued that Article 2(4) of United Nations Charter prohibits nuclear development and nuclear testing. The legal issues arisen are whether or not the nuclear testing of North Korea is legal and responsible for the nuclear testing. The research applies normative method research. This research reveals that the nuclear testing conducted by North Korea is not legal and shall be liable for internationally wrongful act as it is inconsistent with international law.
PREEMPTIVE SELF-DEFENCE ON ISRAEL-HEZBOLLAH ARMED CONFLICT UNDER INTERNATIONAL LAW Wiwilliem Rizki Limboto; Teddy Nurcahyawan
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (492.088 KB) | DOI: 10.24912/adigama.v1i1.2163

Abstract

The legalization of war has legitimized wars of “self-defence”. On January 18, 2015 on the Syrian side of the Golan Heights, Israel launched an airstrike that killed six Hezbollah fighters and an Iranian brigadier general, Mohammed Ali Allahdadi. Israel claims that it acted preemptively in order to preserve its existential security by implementing a defensive policy commonly dubbed as the “War Between Wars” policy, to disrupt Iran’s supply of advanced weaponry for Hezbollah. On the other hand, Hezbollah in its continuous defiance of United Nations Security Council Resolution 1701 claims that the aforementioned arms supply was meant to preserve Lebanon’s security against future Israeli aggression. The facts of the case presented certain legal issues, as to whether or not Israel’s airstrike towards Hezbollah constitute a legitimate self-defence and its permissibility under international law. This is a normative legal research, thus relies heavily on library research, the IRAC method was used in deciphering the issue. After careful considerations, by attributing the said airstrike with the preemptive strike theory, it has been found that Israel’s airstrike was not preemptive, but rather preventive in nature, and should have been illegal under international law. However, a just cause test was conducted on both sides, and it has been found that the odds are more in favor towards Israel than Hezbollah. Ultimately, the research concluded that although preventive warfare was deemed to be illegal under international law, Israel’s claim of self-defence was more likely to be permitted in the international arena than Hezbollah’s.
EFEKTIVITAS SANKSI DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA TERHADAP KONFLIK BERSENJATA DI SURIAH Teddy Nurcahyawan; Lauw Wisnu
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 1 (2018)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v16i1.2373

Abstract

As a soverign state in the Middle East, Syria has received badly effect of Arab Spring revolution. Thousand of students launched demonstration claiming Bashar Al-Assad to step down. In response to it, Bashar Al-Assad attacked the prodemocracy students by arresting and torturing them. This arms conflict has not only brought many civilians as victims of civil war but involved some other foreign states as well. To avoid matters worse, Security Council of United Nations has issued a Resolution Number 2328/2016 to give sanctions affirming Bashar-Assad to have violated international humanitarian law. The question comes up whether or not this resolution could present the effectiveness of the sanctions. This research has revealed that the Security Council Resolution is effective and Syria has complied with it in line with the international law.  
Co-Authors Dwiky Chandra Lauw Wisnu Wiwilliem Rizki Limboto