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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 4, No 1 (2018): June, 2018" : 5 Documents clear
Urgensi Indonesia Meratifikasi The Convention Relating To The Status Of The Refugees 1967 Dan Protocol New York 1967 Mengenai Pengungsi Internasional Agastya Fatchur Royyan; Sri Lestari Rahayu; Ayub Torry Satriyo Kusumo
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.067 KB) | DOI: 10.20961/belli.v4i1.39977

Abstract

This legal research examines the urgency of Indonesia to ratify the 1951 Convention Relating to the Status of the Refugees and the 1967 New York Protocol on international refugees. Because in Indonesia there is no regulation that can be submitted reference or reference to be able to handle the refugee problem properly and optimally. Given Indonesia’s strategic geographic location for refugees, Indonesia has not ratified the 1951 Protocol to the Status of the Refugees and the 1967 New York Protocol on international refugees, which are modern international refugee law instruments. Both Conventions are also a form of global human rights concern for international refugees. The research used is descriptive normative research through approach of legislation (statue approach). Techniques of collecting legal materials used are literature studies related through print media or internet media. The technique of legal material analysis uses a method of deduction which departs from a general proportion whose truth has been recognized and ends at a more specific conclusion. Based on research and discussion, it can be seen that Indonesia needs a legal instrument that can be used as a reference in overcoming the problem of international refugees optimally. The legal instrument in question is the 1951 Protocol to the Status of the Refugees and the 1967 New York Protocol on international refugees. By ratifying the two instruments of international law, Indonesia will have a legal instrument that can be used as a reference in optimizing the international refugee problem and play a role in international human rights concerns, especially for international refugees.
Analisis Kebijakan Presiden Duterte Melakukan Extrajudicial Killing Dalam Memberantas Narkoba di Filipina Berdasarkan Statuta Roma 1998 Fivi Fajar Iryana; Handojo Leksono
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.631 KB) | DOI: 10.20961/belli.v4i1.39978

Abstract

This study aims to analyze the extrajudicial killing measures conducted by President Duterte may or may not be qualified as an international crime and the application of individual responsibility principles against President Duterte under International Criminal Law, especially the Rome Statute 1998. This research is normative legal research is prescriptive and applied with statute approach, case approach, and conceptual approach. The legal substance of this study uses primary legal materials and secondary legal materials. Technique of collecting legal material through literature study or document study, which then analyzed by using deduction technique based on deductive reasoning method. The research results show that extrajudicial killing action in the Philippines which is one of the effects of President Duterte’s ‘war on drugs’ policy has violated international human rights, namely ICCPR Article 6 paragraph (1) on the right to life, Article 9 paragraph (1) on freedom and personal safety, and ICSECR Article 12 on the right to health. In addition, the Philippines also violates the National Human Rights, namely the Constitution of the Republic of Philippines 1987 Chapter III Article 14 paragraph (1) on equal protection before the law. Such human rights violations may be qualified as crimes against humanity under the Rome Statute 1998 for fulfilling the elements of crimes against humanity in accordance with Article 7 of the Rome Statute 1998. Thus the principle of individual responsibility under Article 28 of the Rome Statute 1998 on Responsibility of Commanders and Other Superior can be applied against President Rodrigo Duterte.
Intervensi Tiongkok Dalam Penegakan Hukum Illegal Fishing di Wilayah Zona Ekonomi Eksklusif Indonesia (Kasus Kapal Kway Fey 10078, Tiongkok) Intan Kusumadewi; Anugrah Adiastuti
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (504.474 KB) | DOI: 10.20961/belli.v4i1.39974

Abstract

This research aims to examine the law enforcement mechanisms for perpetrators of illegal fishing in the EEZ through international and national legal instruments. This research is a normative legal research that is prescriptive by using statute approach and case approach to sourch data. The results showed that the Kway Fey 10078 flagged in China captured by Kapal Pengawas Hiu 11 owned by the Indonesian government, is proven to conduct illegal fishing activities in the Indonesian EZZ. Then the actions carried out by Chinese Coast Guard ships by crashing the Kway Fey 10078 is an intervention act on the illegal fishing law enforcement process in Indonesia. The law enforcement process against the captain and crew of Kway Fey 10078 has complied with international law, which only impose penalties. Through this research, the authors will identify law enforcement against the Kway Fey 10078 Ship that violates Indonesian sovereignty.
Upaya Mitigasi Bagi Small Island Developing States (SIDS) Berbasis Renewable Energy Melalui Kerangka Unfccc Untuk Menekan Dampak Perubahan Iklim Dodi Roikardi; Siti Muslimah; Diah Apriani Atika Sari
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (536.541 KB) | DOI: 10.20961/belli.v4i1.39975

Abstract

The main issue in this research is about climate change phenomenon that causes several bad impacts to small island countries which also be known as Small Island Developing States (SIDS). According to those characteristics, SIDS countries is the most vulnerable parties of the climate change impacts. Therefore, several mitigation acts needed for reducing climate change impacts. International Climate Change Law has ruled mitigation acts in several law instruments, such as United Nations Framework Convention on Climate Change (UNFCCC) 1992, Kyoto Protocol 1997, and Paris Agreement 2015. Pacific and Caribbean SIDS has choosen renewable energy deployment as a part of its national mitigation, because they highly depended on the use of fossil fuels which is considered as climate change contributor for power generation. Pacific and Caribbean SIDS have taken mitigation measures based on renewable energy and already achieved its output, but there are still barriers such as low funding, lack of national law instruments that support its mitigation measures, and technical problems including the lack of technologies and human resources. So, SIDS should take several measures to eliminate these barriers for achieving the main purposes of climate change mitigation optimally.
Peran Asean Dalam Menanggulangi Terorisme di Laut Sebagai Ancaman Terhadap Keamanan Maritim Alviandini Nanda Fajriah; Emmy Latifah
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (457.915 KB) | DOI: 10.20961/belli.v4i1.39976

Abstract

This study aims to describe maritime terrorism as a new threat to maritime security in ASEAN. This research is a normative legal research by using content analysis to source data. ASEAN as one of the international organizations that oversees Southeast Asian countries has a mechanism of cooperation among members that can be used as an alternative form of countermeasures against terrorism in Southeast Asia, namely, the ASEAN Counter-terrorism and ASEAN Regional Forum. In this study the authors will identify the mechanism of cooperation at the ASEAN level as a form of cooperation in maritime terrorism.

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