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Syarifatul Fadhilah
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Penerapan Asas Nebis In Idem Oleh Hakim dalam Perkara Perceraian di Pengadilan Negeri Mungkid Syarifatul Fadhilah; Listyowati Dewi; Arum Nurul Layalia Mufaidah; Gita Jemima Ardhana; Rani Pajrin
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.633

Abstract

Marriage is a spiritual and physical bond between one man and one woman as husband and wife with the aim of forming a happy family based on the belief in the Almighty God. In a marriage, forming a happy family certainly requires cooperation between each party, both husband and wife. If both parties have different goals, it will trigger problems in the household. Problems in the household can influence divorce between both parties, namely husband and wife. Divorce is a condition in the household where there is no common ground for harmony and harmony in the relationship between husband and wife so that it can be decided by the District Court for those of non-Islamic religions or the Religious Court for those of Islamic religion. Considering that Indonesia is a country of law where every action has rules, if seen from the principle of Nebis In Idem, this problem is no longer acceptable. However, in this divorce case the lawsuit was accepted by the judge and the judge decided again with a different decision. Based on this, the formulation of the problem is how to apply the Ne Bis In Idem Principle by the judge in divorce cases
Pelanggaran Asas Good Faith terhadap Perjanjian Nuclear Non-Proliferation Treaty (NPT) Oleh Korea Utara Syarifatul Fadhilah; Amanda Fathona Fadhila; Universitas Bengkulu; Ema Septaria; M. Ilham Adepio
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 2 (2025): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i2.634

Abstract

This research examines North Korea's violation of the principle of good faith under the Nuclear Non-Proliferation Treaty (NPT) and its legal consequences. The main issue addressed in this study is North Korea’s breach of the good faith principle within the framework of the NPT, which raises legal implications regarding its status and obligations as a party to the treaty. Although North Korea was formally bound by the NPT, it secretly developed a nuclear weapons program, demonstrating non-compliance with the fundamental principle of international treaty implementation. This issue was further exacerbated by its refusal to allow inspections by the International Atomic Energy Agency (IAEA) and its unilateral withdrawal from the NPT, which has sparked debate over the legitimacy and legality of such action.Using a normative juridical approach, this study analyzes North Korea’s clandestine development of nuclear weapons while still a member of the NPT, as well as the validity of its withdrawal from the treaty. The findings show that North Korea violated the principle of good faith through its secret nuclear program, refusal of IAEA inspections, and withdrawal that did not meet the requirements of Article X of the NPT. The withdrawal may be deemed invalid as it was conducted in bad faith and without fulfilling the treaty's formal provisions. The legal consequences include the continued applicability of obligations under the NPT and state responsibility for breaches of international law. Ideal forms of accountability include the cessation of the nuclear program, payment of reparations, guarantees of non-repetition, and renewed compliance with NPT provisions through verifiable denuclearization.
Co-Authors Amanda Fathona Fadhila Arum Nurul Layalia Mufaidah Ema Septaria Gita Jemima Ardhana Listyowati Dewi M. Ilham Adepio RANI PAJRIN Universitas Bengkulu