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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 3, No 1 (2017): June, 2017" : 5 Documents clear
KEDUDUKAN HUKUM TAKHTA SUCI DARI PELAKSANAAN BASIC AGREEMENT BETWEEN THE HOLY SEE AND THE PALESTINE LIBERATION ORGANIZATION SEBAGAI BENTUK PENGAKUAN PALESTINA SEBAGAI ENTITAS NEGARA DALAM HUKUM INTERNASIONAL Advent Eden Sihono; Rachma Indriyani
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.951 KB) | DOI: 10.20961/belli.v3i1.27468

Abstract

This legal research aims to know the legal position of the Holy See as the subject of international law in recognizing Palestine as a state entity in international law and knowing how the legal consequences of the implementation of the Basic Agreement Between The Holy See and the Palestine Liberation Organization toward the Holy See and Palestine. This legal research is a normative legal research. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The topic of legal material settlement is literature study and document study which then analyzed by logical, systematic and juridical. The results of this legal research are: first, the Holy See has the same status as the state in recognizing a state entity, although it has no state instrument. Second, the legal consequences of the Basic Agreement between the Holy See and the Palestine Liberation Organization are the Comprehensive Agreement which has three important points, namely the Palestinian Authority granting freedom of religion and rule to the Catholic laity, and assisting in the establishment of the church both legally and financially, the Palestinian Authority gives protection for sites of status quo and other holy sites which deserve special protection, and provide autonomous legal status and tax exemption, formal recognition of the Palestinian Authority as a state by the Holy See.
IMPLIKASI HUKUM TERHADAP PENGGUNAAN INCENDIARY WEAPONS DALAM KONFLIK BERSENJATA DI SURIAH DITINJAU DARI HUKUM HUMANITER Aryo Wahyutomo; Sri Lestari Rahayu
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.015 KB) | DOI: 10.20961/belli.v3i1.27472

Abstract

This research proposes to analyze the use of Incendiary Weapons in Syrian armed conflicts under International Humanitarian Law, as well as to determine the legal implications on the use of Incendiary Weapons in Syrian armed conflict. The results show that the practice of using Incendiary weapons by the Syrian and Russian government does not heed the rules in international humanitarian law and considered as war crime because the attacks launched by military jet of the Syrian Government On August 26, 2013 in the city of Urem Al-Koubra Aleppo and by the Russian government in the city of Aleppo and Idlib on 5 June to 10 August 2016 cause incidental loss to civilians and civilian objects in Syria. Under Article 2 of Protocol III Convention on Certain Conventional Weapons 1980 (CCW) It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary wepons. To create just war mechanism each parties to the conflict should respect and implement the rules of Humanitarian Law.
EKSIL POLITIK DALAM PERSPEKTIF HUKUM PENGUNGSI INTERNASIONAL Muhammad Faisal; Siti Muslimah; Ayub Torry Satrio Kusumo
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.53 KB) | DOI: 10.20961/belli.v3i1.27458

Abstract

This research discusses the experience of Indonesian exiles. Presented in a chronological order from their departure to foreign countries until the post-Suharto era. It shows a strong interaction between international and domestic political battles as the context of their origin. Organized based on observations of the Indonesian exiles, in addition to related literature review, this research points out the effort by the exiles to maintain their nasionalist commitment by creating a counter narrative to Indonesian historiography that neglected them. This research is normative legal research which is descriptive. In nature the data used in this research is secondary data including primary legal materials, secondary and tertiary. Data collection techniques used is library study and through cyber media. A Convention 1951 on the status of refugees and the 1967 Additional Protocol will be the main instrument to be considered. Technical analysis is content analysis method.The results showed that the presence of exiles in accordance with the definition of a refugee under the Vienna Convention 1951 and Protocol of 1967. In addition, as a result of government policy in the past makes the fulfillment of the political-constitutional rights as citizens exile has not fulfilled properly according to the UUD 1945.
TINJAUAN HAK ASASI MANUSIA TERHADAP KASUS PEMENJARAAN PENOLAK DINAS MILITER KOREA SELATAN (STUDI PRESKRIPSI PERAN KOMITE HAK ASASI MANUSIA PERSERIKATAN BANGSA-BANGSA) Myra Karlini Bujung; Anugrah Adiastuti
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (417.013 KB) | DOI: 10.20961/belli.v3i1.27462

Abstract

The main issue in this research is about injustice situation occur in South Korea regarding to the Conscientious Objection to Military Service. In the past 6 decades, sincere young men in South Korea have been convicted because of their refusal to the Miltary Service for reason of conscientious and their religion belief. Up until now, over 19.000 have been sentenced to imprisonment, which Jehovah’s Witnesses in majority. In 2007, the Korean Government announced that it would introduced an alternative service system for conscientious objectors. However in the following year, it canceled the plan because majority of people did not supported. This Korean Government stand on this issue draws international attention. In 2007, 2010, 2011, and in 2012 in more than 500 individuals cases, the United Nations Human Rights Committee concluded that South Korea violated article 18 of International Covenant on Civil and Political Rights (ICCPR) which guarantees freedon of conscience. In 2014, the committee adopted it’s 5th view against South Korea. The Committee accepted the authors claim that Souht Korea also violated Article 9 of the Covenant which prohibits arbitrary detention. On December 12th 2012, The Universal Periodic Review by United Nations Human Rights Council aims to assess the Human Rights situation in all it’s United Nations member states.The delegates of 8 state parties strongly urged South Korea to introduced an alternative service. But Korean Government has not taken any measures to improve human rights despite international warning.According to the current situation, Korean Government has to take the neccesary steps for recognizing Conscientious Objection by introducing the alternative service system.
INVESTIGASI PROPRIO MOTU TERHADAP PELANGGARAN HUKUM PERANG PADA KONFLIK ISRAEL PALESTINA DALAM OPERATION PROTECTIVE EDGE Riry Delany; Diah Apriani Atika Sari
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (363.671 KB) | DOI: 10.20961/belli.v3i1.27466

Abstract

Non-governmental organizations which engaged in international human rights such as Human Rights Watch, found some facts about the violation of the law of war on the armed conflict between Israel and Palestine in a military operation called Operation Protective Edge. A number of Palestinian human rights organizations have collected the facts of the violations and submitted an investigation request to the ICC. Under Article 13 of the Rome Statute 1998, the International Criminal Court (ICC) or the International Criminal Court has three forms of authority to examine a dispute. One of them is through the initiative of the ICC Prosecutor or known as proprio motu. This paper will examine the issues in the request for investigation of proprio motu on alleged violations of the war committed by Israel.

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