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All Journal Jurnal Ius Constituendum Jurnal Ilmu Hukum The Juris Jurnal Penegakan Hukum dan Keadilan Jurnal Indonesia Sosial Sains
Saragih, Jogi Talar
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PENGUNDURAN DIRI RUSIA DARI ICC : TELAAH BERDASARKAN ASAS GOOD FAITH DALAM HUKUM PERJANJIAN INTERNASIONAL Saragih, Jogi Talar
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1158

Abstract

This study aims to examine the validity of Russia's withdrawal from the International Criminal Court (ICC) in light of the principle of good faith as established in the Vienna Convention on the Law of Treaties (VCLT). The primary objectives of the research are, firstly, to elucidate the legal implications of the principle of good faith within the 1969 VCLT. Second, to apply this principle to evaluate Russia's withdrawal from the ICC in 2016. To address the legal questions raised by this research, both the statutory and conceptual approaches have been employed. The statutory approach refers to the 1969 VCLT as the source of statutory law, while the conceptual approach draws on the opinions of scholars regarding the application of the principle of good faith in international treaty law. The findings of this research indicate that Russia's withdrawal from the ICC is not legitimate, as it demonstrates Russia's intention to avoid the application of the ICC's provisions. This withdrawal constitutes an act of bad faith, as it deliberately circumvents the unfavorable provisions of the agreement that apply to Russia following its occupation of Crimean territory.
Effectiveness of Mutual Legal Assistance Treaty in Investigating Indonesian Kidney Sale Crimes in Cambodia Saragih, Jogi Talar; Aditama, Yuda Lambang; Siahaan, Herbin Marulak
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10240

Abstract

This paper addresses the pressing issue of human trafficking in the ASEAN region, focusing on the role of the Mutual Legal Assistance Treaty (MLA) as a legal strategy for regional collaboration. Human trafficking is not only a grave violation of human rights but also a complex transnational crime that requires coordinated international efforts. This study investigates the existing legal framework, policies, and institutional mechanisms in ASEAN to combat human trafficking. The study identified significant challenges faced by MLA, including limitations in the legal framework and coordination issues among member states. The findings suggest that strengthening MLA as an integrated legal approach that encompasses prevention, prosecution, protection, and cross-border cooperation is hampered because corruption and complicity of officials in trafficking crimes at various levels of government continue to be significant problems, which impede law enforcement and perpetuate impunity to effectively combat trafficking. The study uses comparative legal analysis to highlight the importance of strong regional collaboration, emphasising the need for improved information sharing and coordination to enhance legal and institutional responses. The paper concludes that a stronger MLA framework is essential to address the complexities of trafficking and provide better support for victims.
The Problems of Punishing People Smuggling Perpetrators as a Transnational Organized Crime Network Siahaan, Herbin Marulak; Saragih, Jogi Talar
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.23442

Abstract

Due to its status as the largest archipelagic nation globally, Indonesia is very susceptible to transnational organized crime, particularly offenses related to smuggling people. To address this issue, the country changed Law Number 9 of 1992 regarding immigration and enacted Law Number 6 of 2011, which makes people smuggling a criminal offense to comply with the United Nations Protocol Against the Smuggling of Migrants by Land, Sea, and Air in 2000, which it had ratified. This study seeks to analyze and contrast law enforcement methods in cases of people smuggling, both prior to and following the enactment of Law No. 6 of 2011. This research employed a doctrinal methodology that falls within the qualitative legal research category. The findings indicate that there is no substantial disparity in law enforcement procedures before and during the implementation of Law No. 6 of 2011. Law enforcement officials encounter difficulties in collecting the necessary evidence to establish crucial aspects of people’s smuggling, such as the pursuit of financial gain by the perpetrator network. The new immigration law has not yet enabled law enforcement against people smugglers to be more effective.
PENGUNDURAN DIRI RUSIA DARI ICC : TELAAH BERDASARKAN ASAS GOOD FAITH DALAM HUKUM PERJANJIAN INTERNASIONAL Saragih, Jogi Talar
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1158

Abstract

This study aims to examine the validity of Russia's withdrawal from the International Criminal Court (ICC) in light of the principle of good faith as established in the Vienna Convention on the Law of Treaties (VCLT). The primary objectives of the research are, firstly, to elucidate the legal implications of the principle of good faith within the 1969 VCLT. Second, to apply this principle to evaluate Russia's withdrawal from the ICC in 2016. To address the legal questions raised by this research, both the statutory and conceptual approaches have been employed. The statutory approach refers to the 1969 VCLT as the source of statutory law, while the conceptual approach draws on the opinions of scholars regarding the application of the principle of good faith in international treaty law. The findings of this research indicate that Russia's withdrawal from the ICC is not legitimate, as it demonstrates Russia's intention to avoid the application of the ICC's provisions. This withdrawal constitutes an act of bad faith, as it deliberately circumvents the unfavorable provisions of the agreement that apply to Russia following its occupation of Crimean territory.
Implementation of the Right to Education for Abandoned Children in Salatiga City Saragih, Jogi Talar; Rumahorbo, Erika Magdalena; Siahaan, Herbin Marulak
Jurnal Indonesia Sosial Sains Vol. 5 No. 10 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i10.1439

Abstract

This study was conducted to examine the implementation of the right to education for abandoned children in the city of Salatiga. The main objectives are, first, to explain how Salatiga city government regulations play a role in fulfilling the right to education for abandoned children, and second, to explore how these regulations are implemented. Using a normative legal research method, which employs both statute and conceptual approaches, the study draws on secondary legal materials from literature, legal journals, expert opinions, and official websites. The findings reveal that in Salatiga, the right to education for abandoned children is implemented through both formal and non-formal education. Formal education focuses on basic education, while non-formal education includes vocational training and entrepreneurial coaching. The results of this research show that the application of formal and non-formal education by the Salatiga city government has successfully increased access to education for abandoned children. This study contributes significantly to promoting more inclusive and sustainable educational policies for abandoned children, with recommendations for improved regulations and more targeted vocational education programs.
Co-Authors Aditama, Yuda Lambang Rumahorbo, Erika Magdalena Siahaan, Herbin Marulak