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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 2 (2017): December, 2017" : 5 Documents clear
PENEGAKAN HUKUM PERDAGANGAN HARIMAU SUMATERA DI INDONESIA BERDASARKAN CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) Fatihah Firdausi; Emmy Latifah
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (342.444 KB) | DOI: 10.20961/belli.v3i2.27484

Abstract

This research aims to determine the implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at Indonesia in order to law enforcement efforts aganist illegal trading of Sumatran Tiger in Indonesia and what kind of measures Indonesian’s goverment to enforce the law against the illegal trading of Sumatran Tiger. It is a normative legal research with descriptive mature. The data was secondary one, consist of primary, secondary, and tertier legal materials. Primary legal materials inculeds, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Law Number 5/ 1990 regarding to Conservation of Natural Resources and Ecosystems. Secondary legal materials inculdes, national and international journals, thesis, essay, cyber media and tertier legal materials consist of black law dictionary. The result showed that based on theory by Lawrence Friedman this law enforcement on illegal trading of Sumatran Tiger in Indonesia is still not implement optimally caused by incompatibility reviewed by the substance, structure, and culture of law on Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with Law Number 5/ 1990 regarding to Conservation of Natural Resources and Ecosystems Incompatibility by the substance, structure, and culture of law must be fixed with the steps are amandement the law substance, increased socialization of the rule of law and changes in the culture/legal culture.
YURISDIKSI UNIVERSAL PENEGAKAN HUKUM TERHADAP PEMBAJAKAN KAPAL SAFMARINE ASIA Ermi Yanti; Diah Apriani Atika Sari
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.52 KB) | DOI: 10.20961/belli.v3i2.27486

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.
HOMO SACER: ANAK-ANAK PENGUNGSI INTERNASIONAL YANG LAHIR DI INDONESIA AKIBAT TIDAK DIPENUHINYA HAK UNTUK MENDAPAT KEWARGANEGARAAN Yuera Rizki Kaharudin; Sri Lestari Rahayu; Ayub Torry Satriyo Kusumo
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.559 KB) | DOI: 10.20961/belli.v3i2.27478

Abstract

International refugees phenomena gives birth to new problems to solve for national and international law like Geneva Convention 1951 or New York Protocol 1967 about refugee status, the handling of of international refugees, and the fullfilment and violation of their basic human rights. Indonesia is one of many the countries that declined to sign the Jenewa Convension and lack the nececery law to deal with international refugees that decide to come to the country. This lack of laws open up a loop hole that may cause the basic human right of international refugees to be violated. One of that right that may be violated is the right for international refugee’s kids who’s born in Indonesia to get Indonesian citizenship. This research will mainly talk about the problems regarding the citizenship of international refugee’s kids who’s bron in Indonesia. In addition it will also talk about international and national law in the spirit of solving the citizenship problem. Last but not least, this paper will also explain the condition of the stateless person that does not have their basic right granted in political commuties or a country. The right to citizenship is very crucial to fulfill human’s basic right and other rights that comes with citizenship. This is what Hannah Arendt called as the right to have right.
KONSEP ACCESS AND BENEFIT SHARING SEBAGAI PENCEGAHAN BIOPIRACY DI INDONESIA Nur Ghenasyarifa Albany Tanjung; Diah Apriani Atika Sari
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (397.246 KB) | DOI: 10.20961/belli.v3i2.27480

Abstract

Biopiracy is a problem that threatens many developing countries that have high genetic resources and traditional knowledge related to genetic resources such as Indonesia. Indonesia is one of the most vulnerable countries experiencing biopiracy. One of the genetic resources that are susceptible to biopiracy are medicinal plants. Indonesia has since used antiquity medicinal plants which is also a traditional knowledge of Indonesia but often foreigners take advantage of it and take economic value from the utilization without giving rights to the local community. On the other side of the Convention on Biological Diversity and adopted by the Nagoya Protocol which both have been ratified by Indonesia to discuss biodiversity protection and the utilization of genetic resources, one of which is the regulation of access and benefit sharing (ABS). This study consists of two main substances, first how the concept of ABS can be used as a step to prevent biopiracy in Indonesia. Second, the supporting factors that can make the concept of ABS is running optimally in Indonesia.
PENERAPAN PRINSIP SHARED RESPONSIBILITY SEBAGAI UPAYA DALAM PENANGGULAN KEJAHATAN TRANSNASIONAL DI KAWASAN ASIA TENGGARA Jeanita Eka Aryanti; Handojo Leksono
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.154 KB) | DOI: 10.20961/belli.v3i2.27482

Abstract

This research aims to analysis the implementation of the principle of shared responsibility as an effort to combating transnational organized crime in the Southeast Asia. The principle of Shared Responsibility examines the underexplored problem of allocation of responsibilities among multiple states and other actors. This concept in necessary given the growing number of transnational crime that occurs in Southeast Asia.  The research results showed that concept of shared responsibility consist of; 1) exchange Exchange of Criminal Information and Intelligence, 2) Mutual Legal Assistance in Criminal Matters/MLA, 3)Joint Investigation, 4) Joint Operation  and 5) training and technical assistance. This research also examines the efforts of the Southeast Asian Nation to combat transnational crime. This research is the normative legal research is prescriptive and applied approach to the conceptual approach, statute approach and  cases approach.

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