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INDONESIA
Jurnal Pacta Sunt Servanda
Published by Universitas Pendidikan Ganesha
ISSN : 27237435     EISSN : 2807632X     DOI : https://doi.org/10.23887/jpss.v1i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Pacta Sunt Servanda (JPSS) merupakan jurnal yang memiliki bidang ilmu hukum. Jurnal ini diterbitkan oleh Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha Singaraja Bali. Jurnal Pacta Sunt Servanda (JPSS) diperuntukkan untuk para akademisi, praktisi, maupun mahasiswa/ umum yang bersifat terbuka untuk tulisan-tulisan dalam bidang ilmu hukum berupa artikel hasil penelitian dan kajian konseptual. Wilayah dari naskah yang dipublikasi dalam jurnal ini berkaitan dengan penelitian hukum di bidang hukum :Hukum Pidana; Hukum Perdata; Hukum Tata Negara; Hukum Administrasi; Hukum Internasional; Hukum Islam; Hukum Kesehatan; Hukum Lingkungan; Hukum Ketenagakerjaan; Hukum Adat; Hukum Hindu. Serta topik-topik lainnya yang terbaru di bidang hukum yang relevan. JLD terbit 6 bulanan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 106 Documents
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ANALISIS KASUS PEMBANTAIAN MY LAI DARI SUDUT PANDANG HUKUM HUMANITER INTERNASIONAL DAN HAM INTERNASIONAL Ni Luh Mutiara Cahya Dewi
Jurnal Pacta Sunt Servanda Vol 3 No 1 (2022): Maret, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

This research was made with the aim of analyzing the My Lai Case that occurred in Vietnam from the point of view of International Humanitarian Law, because the case occurred as a result of the war between Vietnam and the United States which resulted in the United States committing serious international human rights violations and including war crimes or War Crimes. War crimes are acts that violate the laws of war, acts of attack are usually committed against the military or civilians. The My Lai case was a massacre carried out by the United States army against hundreds of unarmed civilians in South Vietnam on March 16, 1968, the massacre resulted in hundreds of deaths. This action is a violation of the 1949 Geneva Conventions and the 1977 Additional Protocol, with the massacre that indirectly the United States army took the human rights of hundreds of unarmed civilians because in human rights there is a right to life while the United States army snatched that right. The method used is the library method with descriptive presentation and qualitative analysis carried out by researching library materials such as articles, internet sites, newspapers, and books related to the case to be analyzed.
KEDUDUKAN HUKUM INTERNASIONAL DALAM PENEGAKAN HAK ASASI MANUSIA Made Nirmala dewi Sastradi Putri
Jurnal Pacta Sunt Servanda Vol 3 No 1 (2022): Maret, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

This study aims to introduce and deliver in detail about the position of international law in the enforcement of human rights so that the public is able to understand human rights in terms of international law and the theoretical relationship between human rights and international law in the development of dispute resolution on human rights based on law. International. According to law, or international law, and in particular with regard to human rights issues contained in international human rights disputes that bind states in their implementation with responsibilities in upholding human rights. In the provisions of international human rights law, the concept of state responsibility refers to the state's obligation to fulfill, protect and respect internationally recognized human rights. State responsibilities arising from state violations of international law. In particular, committing violations (behavior) of Human Rights and not violating, refraining from, or committing violations of human rights. Take action that is a violation of international obligations. All countries, not only partly or partially, have an obligation to promote and protect human rights, but all countries have an obligation to uphold human rights. The research method used is a normative juridical approach, namely research in the form of library research, which is a writing method used by studying literature books, laws and regulations and research focused on examining the application of rules or regulations. norms in normative law with the data in this paper taken from primary, legal, and secondary legal materials in the form of textbooks by legal professionals. This writing uses a systematic and focused method, using law as a legal basis, and as a guide for analysis. With a series of writing activities, basically it aims to collect legal materials, which are associated with legal concepts, and the results obtained are included in the form of legal ideas.
PERLINDUNGAN TERITORIAL INDONESIA DARI ILLEGAL FISHING DI TINJAU DARI HUKUM LAUT INTERNASIONAL Sayfudin Achmad
Jurnal Pacta Sunt Servanda Vol 3 No 1 (2022): Maret, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

Fishermen catching fish violating the law have been around for a long time in Indonesian waters, even though various efforts have been made to prevent it or to prevent theft of fish by foreign fishermen. However, this criminal behavior is a matter that is very problematic for Indonesia, because this is a cross-border problem between countries, therefore the handling of this problem must be carried out cross-line, especially through mutual cooperation. Although there has been a mutual cooperation between Indonesia and several neighboring countries as well as the participation of the province in obtaining territorial waters.
PERLINDUNGAN TENAGA KERJA INDONESIA MELALUI HUKUM INTERNASIONAL Kadek Kresna Dwipayana
Jurnal Pacta Sunt Servanda Vol 3 No 1 (2022): Maret, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

The purpose of writing this scientific article is to find out what forms of legal protection are given to TKI who work abroad, why TKI should be given legal protection and what factors cause the high number of TKI abroad. The method used in the preparation of this article is the normative method. The results of this study that workers have received legal protection from an organization called the ILO international labor organization, TKI must get this protection so that they have a sense of security and comfort when working abroad, the number of TKI who work abroad is due to the lack of job opportunities. in Indonesia, so they are forced to work as migrant workers abroad.
PERAN HUKUM INTERNASIONAL DALAM MENJAGA HUBUNGAN ANTAR BANGSA Kristin Magdalena Sihotang
Jurnal Pacta Sunt Servanda Vol 3 No 1 (2022): Maret, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

Fundamentally, worldwide regulation is state regulation, and global regulation is called highway regulation. The law of countries is a gathering of customs and legitimate standards that were active in the connections between lords in old times. International regulation or likewise regularly alluded to as public regulation shows the intricacy between the guidelines and rules that oversee the connection between individuals from a general public, like states or states.In this way, things that support participation and relationships around the world become valuable. The exploratory techniques used in this diary are taken from various sources, both on the web and print media, which can help support an article and towards the end the author provides an ending. For that the author wants to equalize the perception of where the law comes from. In short, the source of the law itself is anything that creates binding and coercive regulations, so that if these regulations are violated, it will have fatal consequences and real sanctions for violators. Sources of law imply the origin of law and where it comes from.In addition, there are many sources of international law, including: (1) International treaties; (2) International customs; (3) General legal concepts; (4) Court decisions; and (5) Teachings of the greatest scholars from different nations. Sources of international law are referred to in international law as the actual documents that international legal specialists study to ascertain whether law is relevant for a specific event or occurrence.
PEMBERIAN SANKSI TERHADAP ADANYA TENTARA BAYARAN ATAS KETERLIBATAN DALAM SENGKETA BERSENJATA DITINJAU DARI PERSPEKTIF HUKUM HUMANITER INTERNASIONAL Anggeraine Wulan Aji Tabah
Jurnal Pacta Sunt Servanda Vol 3 No 2 (2022): September, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

This study was conducted to determine the legal status of mercenaries involved in armed conflicts when viewed from the perspective of International Humanitarian Law and the existence of sanctions that can be applied for unlawful acts against mercenaries in armed conflicts. The type of research used is a normative juridical research. With this it can be concluded that from the perspective of international humanitarian law the legal status of mercenaries is unlawful combatant. If a mercenary has been captured by the enemy in an armed conflict, then the soldier does not have the right to be a prisoner of war. Even though these soldiers have the status of unlawful combatants, they still have the right to be treated fairly according to the law in force in the country where the mercenaries are detained. The imposition of sanctions on the mercenaries is adjusted to the things that have been done and adjusted to the types of crimes that are included in war crimes or crimes that occur in war. If it is a war crime, it can apply law enforcement efforts based on international humanitarian law. However, if it is not included in a war crime, then actions can be applied based on positive law applicable to the country where the crime has been committed.
HUKUM INTERNASIONAL MEMEGANG PERANAN PENTING DALAM MENYELESAIKAN SENGKETA UNTUK MENJAGA PERDAMAIAN DAN KEAMANAN DUNIA Made Dwi Wahyuni
Jurnal Pacta Sunt Servanda Vol 3 No 2 (2022): September, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

The purpose of this paper is to explain the critical role of international law. International law is the branch of law that regulates the activities of international organizations. The purpose of holding international relations is to increase kinship and cooperationbilaterally, regionally, and multilaterally through various forums based on national interests and capabilities. The country's international relations will not always be positive. This relationship often causes disputes between countries. Various methods of dispute resolution have developed to meet the demands of the times. The international community is very interested in this solution. These efforts are aimed at improving It is very interesting for us to observe together how international law should play a role in upholding justice in order to achieve world peace and security. Relations between countries are based on the principles of international peace and security.
HAKIKAT HUKUM INTERNASIONAL DAN HUBUNGANNYA DENGAN HUKUM LAIN SERTA TERJADINYA SENGKETA SENGKETA INTERNASIONAL Kadek widya puspayani
Jurnal Pacta Sunt Servanda Vol 3 No 2 (2022): September, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

The state of law is one that makes it a rule to encourage people to obey the rules and to avoid all the chaos that exists in a country both at home and abroad. This is a legal state, which states in chapter 1 verse 3 of the 1945 constitution. Indonesia is a country with very many rules, including international and national law. International law is a fraction of the legal rules or regulations that apply to countries that have international relations between one another. The existence of these international laws can bring about peace in an international environment. Numerous issues of dispute in an international environment involving international law even in the settling of such issues involve not only the regulations within an international law environment but also other legal laws. Thus it can be said that international law is closely related to other laws, such as national law, civil law, criminal law and so on.
KEDAULATAN NEGARA DALAM HUKUM INTERNASIONAL Kadek Rio Teguh Adnyana
Jurnal Pacta Sunt Servanda Vol 3 No 2 (2022): September, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

State sovereignty is a very interesting and inspiring concept in academic discourse in the fields of international law and politics. From time to time it can be noted about the very dynamic and provocative debate about the concept of state sovereignty in international law. International law is the overall rule and principle of law that regulates relations or issues that cross national borders. Thus international law cannot be separated from the existence of states. On the other hand, a state can only function based on its sovereignty, which is internally manifested in the form of the supremacy of government institutions and externally in the form of state supremacy as a subject of international law.
MEMPELAJARI DAN MEMAHAMI POKOK-POKOK HUKUM INTERNASIONAL Gede Lancer Gagah Prawira Yasa
Jurnal Pacta Sunt Servanda Vol 3 No 2 (2022): September, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

International law not only covers the relationship between states and states, but also regulates the rights and obligations of government and non-governmental institutions, international organizations, and individuals in international reach. In general, international law is defined as the set of regulations and provisions that are binding and regulate the relationship between states and other legal subjects in the life of the international community. The definition of international law given by legal experts is exposed and brierly, limited to the state as the sole perpetrator of the law and does not include any other legal subject. The subject of international law can be interpreted as the holder of rights and obligations according to international law, but moreover, the subject of international law also has the meaning of a procedural privilege holder to file claims in advance of international courts, and the owner of interests that have been established by the provisions of international law. International sources of law are formal and material legal sources. Formal legal sources establish what constitutes a law whereas material sources only indicate where the law can be found.

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