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Anang Setiyawan
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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 2 (2018): December, 2018" : 5 Documents clear
Kewajiban Indonesia Menurut International Covenant On Civil And Political Rights Atas Kekerasan Terhadap Kelompok Transgender Ilman Ramadhanu; Siti Muslimah
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.655 KB) | DOI: 10.20961/belli.v4i2.40014

Abstract

This study aimed to understand the obligations of Indonesia according to International Covenant on Civil and Political Rights regarding violence acts toward transgender community in Indonesia. This study uses the normative method with conceptual and statute approach. Legal materials are collected through library study and analyzed through deductive method. The study shows that as a member of ICCPR, Indonesia has yet to fully perform its obligation to respect, protect, and fulfill transgender rights especially regarding violence. In respecting transgender rights, Indonesia allows change of sex, however there are still problematic regulations that are often used to justify violence towards transgender. Regulations that are meant to preventively protect transgender do not have any provisions that prohibits gender-based violence and law enforcement seems absent in punishing the perpetrators. Remedial measure has been provided with complaint mechanism through Indonesia’s National Human Rights Commission.The fulfillment of transgender rights have been shown by adding transgender issues as one of priorities of Indonesia’s National Human Rights Commission.
Perspektif Statuta Roma Dan Doktrin Command Responsibility Dalam Penyelesaian Kasus Penembakan Terhadap Pesawat Terbang Sipil Mh17 Di Ukraina Fatma Ratriya Wuri; Emmy Latifah; Rachma Indriyani
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.215 KB) | DOI: 10.20961/belli.v4i2.39980

Abstract

Civil aircraft belonging to Malaysia Airlines MH17 aircraft with Boeing 777-200 ER aircraft with flights from Schipol Airport to Kuala Lumpur International Airport on July 17, 2014, has been in an accident when the plane is passing through Ukrainian airspace. The MH17 plane was shot down by pro-Russian separatists around Ukraine’s airspace that was at a time of conflict with Russia. In the perspective of international law, these shootings belong to war crimes that indicated under the Rome Statute 1998 on the establishment of the International Criminal Court. This case can also be resolved by the Command Responsibility doctrine that discussed in the humanitarian law governing the laws of war. Through these two perspectives, it is expected to provide solutions for the settlement of existing cases.
Upaya Penggugatan Tanggung Jawab Hukum Atas Kejahatan Internasional Yang Melibatkan Pasukan Perdamaian Perserikatan Bangsa-Bangsa Berdasarkan Ketentuan Hukum Internasional (Studi Putusan Rechtbank Den Haag 16 Juli 2014 atas Gugatan Stichting Mothers of Srebrenica Bosnia terhadap Negara Belanda dan PBB) Amanda Ulinnuha; Prasetyo Hadi Purwandoko; Diah Apriani Atika Sari
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.308 KB) | DOI: 10.20961/belli.v4i2.39981

Abstract

  The objective of this research is to analyze the responsibility of the United Nations (UN) and its Member States as subjects of international law, in relation to law enforcement against international crime involving the act of omission and/or the act of commission by on-duty peacekeeping soldiers in UN authorized Peacekeeping Operation. This legal research is a normative legal research. It sets sources of international law containing regulations and theories concerning responsibility of international organizations and states and immunity of the UN and its agents, as well as judicial decision established by the Dutch District Court for the Srebrenica Genocide as its normative grounds. This legal research is an analytical research. This legal research applies statute approach, case approach and conceptual approach and uses primary and secondary legal materials. The result of this research shows that both the UN and Member States can be held responsible for the conduct of their troops in the midst of peacekeeping operation as long as it is attributed to them.
Legalitas Intervensi NATO Dalam Konflik Etnis di Kosovo Tahun 1999 Gracia Mareta; Ayub Torry Satrio Kusumo; Anugrah Adiastuti
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.537 KB) | DOI: 10.20961/belli.v4i2.40012

Abstract

This research proposes to analyze the validity of NATO intervention in the Kosovo conflict based on international law. The writing of this law belongs to the research of normative law which is prescriptive and applied. The legal materials of this study include primary and secondary legal materials. Collection techniques using literature study. Analytical techniques use deductive reasoning methods. The results showed NATO intervention in Kosovo violated international law, namely Article 2, Article 33, Article 37, and Article 42 of the UN Charter; Article 1 and Article 7 of NATO Treaty; Articles 51 and 52 of the Vienna Convention 1980; UN Security Council Resolution No. 1160, No. 1199, and No. 1203 and Article 2 of the Protocol III Convention on Certain Conventional Weapons in 1980, because NATO carried out air strikes with weapons prohibited in international humanitarian law and in the resolution filed by the UN Security Council stated that the solution to be pursued is diplomatic efforts, namely by finding a diplomatic solutions based on negotiation and taking comprehensive steps to reduce human tragedy, not military force.
Precautionary Principle Dalam Kebijakan Kehutanan Riau Hikmah Bima Oditya; Sri Lestari Rahayu
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.784 KB) | DOI: 10.20961/belli.v4i2.40013

Abstract

This research aims to explore how the precautionary principle should be applied in Riau forestry policy. Since its emergence in Germany in 1971, the precautionary principle holds a central position in the enforcement of the international environmental law. Nowadays, the precautionary principle is widely adopted in the international regulations, for instance: The law of climate change (UNFCCC). Indonesia is one of the countries that ratified the UNFCCC. Therefore, Indonesia has been bound by the obligations related to the substance of the convention. The high intensity of forest and land fires in Indonesia, especially in Riau Province, requires the government evaluated previous commitments and actions through a precautionary approach. The opportunity can be applied to several policy options that can be set forth in the Nationally Determined Contribution (NDC) in the Paris Agreement 2015 regime which will be discussed later in this article.

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