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

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PERMINTAAN MAAF AUSTRALIA DAN PRINSIP NON REFOULEMENT (STUDI KASUS PENCARI SUAKA SRI LANKA) Teddy Nurcahyawan; Stefanus Reynold Andika
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 1 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i1.666

Abstract

Australia is a destination state for refugees or asylum seekers. As a state in which has ratified the 1951 Geneva Convention on Refugee and its 1967 Protocol, Australia is legally bound to comply with non-refoulement principle. Referring to Operation Soverign Borders, the Australian Navy and Police in its border have driven undocumented 54 Sri Lanka asylum seekers away into Indonesian waters. This has led to international complaints. The questions arisen are whether Australia has breached the non-refoulement principle and how she would bear the legal responsibility. The research applies the normative research method and reveals that Australia is inconsistent with the non-refoulement principle and Australia should have apologized to Indonesia. Nevertheless, as International Law does not regulate the secondary rule in the Article 33 Convention on Refugee 1951 and its Protocol 1967, Australia would not satisfy their apology to Indonesia.Keywords: Apology, Non-refoulement Principle, Asylum seekers
Hubungan antara Efektivitas Hukum dengan Pembinaan Perdagang Kaki Lima di DKI Jakarta: Suatu Kajian Sosiologis Hukum Teddy Nurcahyawan
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 11, No 2 (2008)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v11i2.5463

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PENEGAKAN HUKUM DAN PENENGGELAMAN KAPAL ASING (STUDI KASUS TINDAK PIDANA PELAKU ILLEGAL FISHING) Teddy Nurcahyawan; Leonardo Saputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 15, No 2 (2017)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v15i2.1074

Abstract

As a marine state, Indonesia has about 78% of its territory covered by sea waters to provide its fishermen in pursuing their happiness. Yet, the fact that owing to the illegal fishing by mostly undocumented foreign flag ships, Indonesian fishermen do not significantly deserve their prosperity whereas partly of their lives depending on the income from fish catching and in return, Indonesia suffered a loss of her annual financial income. For this reason, Indonesia government has issued the law No. 45/2009 concerning the Fishery and its Article 69 (4) provides the space of strict law enforcement to sink and burn the proven foreign illegal fishing ships. The problems raised are how the law enforcement and its impact in sinking and burning the foreign illegal fishing ships would be in line with the International Law of Sea. This article has revealed that law enforcement of sinking and burning the foreign ships is not only lawful but consistent as well with the mentioned law above and it does not bring up any legal effects to foreign countries as the foreign illegal fishing ships are sunk and burned within the territory of Indonesian economic exclusive zone as stipulated in the UNCLOS 1982. Keywords: law enforcement, foreign ships sinking, illegal fishing
Pelaksanaan Konvensi Jenewa III Tahun 1949 tentang Perlindungan Tawanan Perang (Studi Kasus: Penyiksaan oleh Personil Militer Amerika Serikat di Penjara Abu Ghraib) Teddy Nurcahyawan; Cahyadi Isman
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 9, No 1 (2006)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v9i1.5513

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EKSTRADISI MENG WANZHOU DALAM PERSPEKTIF HUKUM INTERNASIONAL Teddy Nurcahyawan; Stevanus Rivaldo
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 17, No 2 (2019)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v17i2.5998

Abstract

Extradition is one of the international law field of studies. One of that controversy is Meng Wanzhou’s case, chief financial officer of Huawei. She is known as the daughter of Huawei’s founder Ren Zhengfei and holding Chinese citizenship. Meng Wanzhou was captured and detained by Canadian authority by the request of United States of America when she transitted Canada at Vancouver Airport December 2018. She was charged of frauding which is related to Skycom, a technology company based in Iran. This event led the diplomatic ralation between China, Canada and United States excalated. China government had already released an official statement which expressed anger and their objection about the charged and detention. On the other side, Canada and United States insisted in this event genuinely only a legal matter. This research conducted by a normative and IRAC methods for the analysis part. Based on the research, the request of extradition by United States was consistent with international law principle. Every objection matter by any Party of this case should be done by every diplomatic channels. This thing should be done to maintain the world’s peace.
Permasalahan-permasalahan Hukum dari Perkembangan United-Japanese Security Treaty 1951 Teddy Nurcahyawan
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (1998)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/era hukum.v5i2.5351

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Co-Authors Cahyadi Isman Leonardo Saputra Stefanus Reynold Andika Stevanus Rivaldo