Belli Ac Pacis (jurnal hukum internasional)
Vol 3, No 2 (2017): December, 2017

YURISDIKSI UNIVERSAL PENEGAKAN HUKUM TERHADAP PEMBAJAKAN KAPAL SAFMARINE ASIA

Ermi Yanti (Faculty of Law, Universitas Sebelas Maret)
Diah Apriani Atika Sari (Faculty of Law, Universitas Sebelas Maret)



Article Info

Publish Date
31 Jan 2019

Abstract

This legal research aims to identify and assess universal jurisdiction for piracy of the Safmarine Asia vessels. This research is a normative research viewed from prescriptive characteristic by statute and case approach, and uses primary and secondary legal materials through library research, and analyzed as syllogism. The result shows the law enforcement towards piracy on “Safmarine Asia” committed on the high seas by Somali pirates, under the doctrine of universal jurisdiction through national court of Kenya, in accordance with Convention on the High Seas (CHS) 1958, United Nations Convention on the Law of the Sea (UNCLOS) 1982, Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime Navigation 1988 (SUA) 1988, and United Nations Security Council Resolutions. In addition, Kenyan jurisdiction was also fall under Memorandum of Understanding (MoU) between the Government of Kenya and European Union concerning the transfer of persons suspected of having committed acts of piracy and prosecution also trial of transferred persons.

Copyrights © 2017






Journal Info

Abbrev

belli

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Modern international law in the last few decades has experienced very rapid development, this is characterized by the emerge of the State in a modern sense, as well as a legal system that regulates relations between countries and international legal entities with each other. Relations between ...