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Belli Ac Pacis (jurnal hukum internasional)
Published by Universitas Sebelas Maret
ISSN : 24605247     EISSN : 27210596     DOI : https://doi.org/10.20961/belli.v7i2
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
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 countries are no longer limited by absolute sovereignty, for example in the case of war crimes, the international community could sue countries or even individuals to be responsible for these actions based on universal principles. Recently, State practices is shifting from the hard law legal system to soft law which can be an alternative solution in breaking the deadlock when international political compromises are difficult to realize. Various international law development shows that there is a need for the international community to form a legal system that is acceptable to all parties, especially the State as a subject of international law par excellence. Therefore, the Belli ac Pacis Journal presents the multifarious developments in contemporary international law as a study of current State practices. The Belli ac Pacis Journal encompasses Public International Law, International Law of the Sea, International Humanitarian Law, International Environmental Law, International Criminal Law, International Organizational Law, International Dispute Settlement Law, Diplomatic Law, Air and Space Law, International Trade Organization Law, ASEAN Law, and International Economic Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1, No 2 (2015): December, 2015" : 5 Documents clear
PERANAN DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA DALAM KRISIS NUKLIR KOREA UTARA Hanafi Dwi Atmojo; Margareta Siska Widianingrum; Dhani Kristanto Utomo
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (442.219 KB) | DOI: 10.20961/belli.v1i2.27402

Abstract

This study aims to identify and describe the action done by UN Security Council related to its role in dealing with the nuclear crisis in North Korea as well as assessing the suitability of the UN Security Council action in dealing with the nuclear crisis in North Korea with the provisions of Chapter V-VII of the UN Charter. The type of this research is legal research. The type of data used is secondary data, which consist primary, legal materials, legal materials and secondary and tertiary legal materials. The technique of collects is data library research techniques. The UN Security Councils action in addressing the North Korean nuclear crisis are investigation, recomendation and supporting the Six-Party Talks, it has provided sanctions against North Korea with Resolution 1698, 1718, and 1874. UNSC action is appropriate because it is based on Article 24 paragraph (1) Chapter V, Article 33 paragraph (1) and (2) Chapter VI, Article 34, Chapter VI, Article 39 of Chapter VII 41 Chapter VII of the UN Charter.
PENYELUNDUPAN IMIGRAN DI PERAIRAN INDONESIA DITINJAU DARI HUKUM INTERNASIONAL Monica Kristiani Sitompul; Siti Muslimah; Anugrah Adiastuti
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.564 KB) | DOI: 10.20961/belli.v1i2.27406

Abstract

This research examined the problems regarding how the arrangement of immigrant smuggling on the sea based on UNCLOS 1982, the United Nations Convention against Transnational Organized Crime, and the Protocol against the Smuggling of Migrants by Land, Sea, and Air, supplementing the United Nations Convention against Transnational Organized Crime, and its uniformity to domestic law  also how Indonesia's obligations in dealing with immigrants who enter Indonesian waters by way of smuggled upon international law. This research was prescriptive normative law using secondary data types included primary and secondary legal materials. Data collection technique used literature studies which were analyzed with deductive method. The results showed that the arrangement immigrant smuggling on the sea that is based on the Act No. 6 of 2011 on Immigration, Act No. 6 of 1996 on Indonesian Waters, Government Regulation No. 36 of 2002 on the Rights and Obligations of Foreign Ships to Implement of Innocent Passage pass through Indonesian Waters and Government Regulation No. 37 of 2002 on the Rights and Obligations of Foreign Ships and Aircraft to Implement Right Through Islands Lanes Archipelagic Sea Lanes Defined already appropriate with UNCLOS in 1982, the United Nations Convention against Transnational Organized Crime, and Protocol against the Smuggling of Migrants by Land, Sea, and Air, supplementing the United Nations Convention against Transnational Organized Crime. Obligation to handling these immigrants, the Directorate General of Immigration is helped by international organizations, namely the IOM and UNHCR. The need fulfillment such as food, beverage, medical, and daily necessities is assisted by IOM while the determination of immigrants as refugees or not is decided by UNHCR, if the asylum application is rejected then the immigrant will be deported to their home country and then Directorate General of Immigration will taking care of official documents for the migrant reparation into their country.
LEGITIMASI PENERAPAN PRINSIP RESPONSIBILITY TO PROTECT DALAM PENGGUNAAN SENJATA KIMIA DI REPUBLIK ARAB SURIAH Dana Pieriza; Sri Lestari Rahayu
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.363 KB) | DOI: 10.20961/belli.v1i2.27410

Abstract

This research is aimed to find out the legitimacy of  principal of responsibility to protect in armed conflict, especially the armed conflict that occur in Syria Arab republic which is become the focus in this research. The alleged violations against humanity and also the use of chemical weapons in this armed conflict become the main factor in enforcing the principal of responsibility to protect. This research is doctrinal or normative research that prescriptive in nature which is explain why law is still needed although there is already social norm. In analyzing the data that has been gathered and will be used in this research, case approach is used and a case study that occur in Kosovo and also Libya are used as reference. Based on the result in this research can be concluded that the used of principle of Responsibility to protect can justified, provided that certain criteria are met, like an occurrence of violations against humanity and also a failure of resolving this matter using a peacufull mean.
LEGALITAS INTERVENSI RUSIA TERHADAP UKRAINA (STUDI KASUS KRIMEA) Mochammad Havis Yanuar; Sasmini Mintorodihardjo
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (349.436 KB) | DOI: 10.20961/belli.v1i2.27392

Abstract

This study was conducted to determine the legality of the Russian intervention on the territory of Crimea in Ukraine. Researcher answer the problem with normative side by basing on the norms and principles of intervention. Materials used in this research include international agreements, doctrine, customary international law, as well as some cases of intervention. Legal materials collected through library research and analyzed through content analysis and text interpretation. The results showed that the legality of intervention discussion is based on five criteria namely: collective intervention by the UN charter, intervene to protect the interests and rights of citizens in other countries, intervention as self-defense, state intervention protectorate, and intervene if a country committed serious violations. So the Russian intervention on the territory of Crimea not obtain legality because it does not meet the five criteria for intervention is allowed in international law.
BENTUK KEWAJIBAN NEGARA DALAM MELINDUNGI HAK ANAK BAGI ANAK YANG TERLIBAT DALAM KONFLIK BERSENJATA BERDASARKAN KONVENSI JENEWA 1949 DAN KONVENSI HAK ANAK 1989 (STUDI KASUS TENTARA ANAK DI MYANMAR) Ginanjar Ismu Solikhin; Erna Dyah Kusumawati
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (592.404 KB) | DOI: 10.20961/belli.v1i2.27400

Abstract

This research aims to determine and to explain Myanmar’s obligations under the 1949 Geneva Conventions and the Convention on the Rights of the Child 1989 to protect the rights of children. This research is a prescriptive normative legal research. This study uses the 1949 Geneva Conventions and the Convention on the Rights of the Child 1989. In addition this study uses Additional Protocol I and II 1977 and Optional Protocol 2000 as its primary legal sources.  While literatures, experts oppinions, as well as law journals and study report are used as secondary law sources. The Sources were collected through literature study. The results show that Myanmar’s obligations to protect the rights of children in armed conflict has been regulated in the 1949 Geneva Conventions and the Convention on the Rights of the Child 1989. Some of these obligations have been implemented by Myanmar as a State Regulation, among others, the establishment of national law: Section 374 of the Myanmar Penal Code concerning forced labour. In the military provisions, Myanmar has a regulation namely Directive No. 13/73 (1974) Myanmar Defence Services and War Office Council that sets the prohibition of military recruitment of Underage children. In terms of judicial assistance, Myanmar has formed the National Committee on Children's Rights in order to prevent the recruitment of children. But there are major obligations listed in the action plan which have not been fulfilled by Myanmar, Such as criminal prosecution for the recruiters of children to non-government armed groups, facilitate the UN for an access to all non-governmental armed groups registered for humanitarian purposes dialogue and also ensuring the implementation of the action plan.

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