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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
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Search results for , issue "Vol 9, No 2 (2023): December 2023" : 5 Documents clear
PERAN PERWAKILAN DIPLOMATIK DALAM MELINDUNGI TERPIDANA ANAK INDONESIA DI LUAR NEGERI (STUDI KASUS TERPIDANA ANAK INDONESIA ALI YASMIN DI AUSTRALIA) Laras Hani Novianty
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 9, No 2 (2023): December 2023
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v9i2.47563

Abstract

The imprisonment of minors in adult prison cells is an act that violates the human rights of the child, because children have different vulnerabilities and circumstances than adults. The Australian Government's action to imprison Indonesian migrant smugglers who are partly children in adult prisons is a violation of a human rights values. The method used in this study is a normative prescriptive method that aims to analyze how protection is carried out by the Government of Indonesia through its representatives abroad protecting the citizens of Indonesia. The conclusion of this study showed that the imprisonment of children violates various international conventions namely, the Convention on the Rights of the Child and ICCPR. Protection of Indonesian citizens abroad is regulated in The Minister of Foreign Affairs regulation of the Republic of Indonesia No. 5 of 2018. Protection is carried out within the corridors of international law and not ignoring the applicable laws in Australia.
IMPLEMENTASI PRINSIP GOOD FAITH DALAM PUTUSAN PERMANENT COURT OF ARBITRATION OLEH CHINA PADA SENGKETA LAUT CHINA SELATAN Azlia Amira Putri
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 9, No 2 (2023): December 2023
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v9i2.47812

Abstract

This legal research aims to examine the implementation of the principle of good faith in the decision of the Permanent Court of Arbitration between the Philippines and China in the South China Sea Case as a disputed country. The verdict of the South China Sea dispute was issued in order to resolve the dispute between the two countries to achieve peace and certainty in the disputed South China Sea region, thus eliminating shared unrest. The type of research used in this study is normative in order to provide data related to the state of the south china sea that has been a problem for a long time, mainly due to territorial claims based on china's use of historical rights. According to this research it is known that China refusing to comply with the decision of the Permanent Court of Arbitration, they also continue to carry out some activities in an effort to maintain its existence and power in the South China Sea region. Hence, China is considered not to implement the principle of good faith.
PERDAGANGAN ILEGAL TRENGGILING: EVALUASI DAN REKOMENDASI ATAS IMPLEMENTASI CITES DI INDONESIA Parardhya Amara Putri Puntarangi
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 9, No 2 (2023): December 2023
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v9i2.42318

Abstract

This article aims to assess the legal protection of pangolins from illegal trade in Indonesia in accordance with CITES, by analyzing the causes of CITES’ ineffectiveness in protecting pangolins, and how Indonesia could give pangolins a better protection from illegal trade. This article applies the method of prescriptive normative, with statute and conceptual approaches. This article focuses on finding the most fitting resolution for problems arising from the illegal trade of pangolins. The legal data provided in this article contains both primary and secondary data. The primary data being international treaties which under the present case is CITES, customary and general principles of international law. Secondary data includes textbooks, guidelines, and any sources that might show relevance along the research process.  This paper is also library-based, including the use of digital library. Data collection begins with the research approach and the gathered information will be analyzed. The results of this research show that there are multiple causes that could lead to CITES ineffectiveness in giving legal protection towards pangolins from illegal trade in Indonesia, along with a few changes needed to accommodate the main purposes of the treaty.
KAJIAN YURIDIS PERJANJIAN KERJA SAMA SISTER CITY ANTARA KOTA BANDUNG DENGAN KOTA SEOUL TENTANG PEMBENTUKAN KERJASAMA KOTA Hana Aulia
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 9, No 2 (2023): December 2023
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v9i2.47373

Abstract

This research raise issues regarding the status of the Sister City Cooperation Treaty Between Bandung City and Seoul City based on international law and the obstacles faced and solutions to solve the problem in its making. The method used in this research is a normative legal research and prescriptive research. The types and sources of research data used are primary legal materials and secondary legal materials that are collected by collecting legal materials from literature studies. The data analysis technique used is the deductive mindset technique. This research results that the status of the Sister City Cooperation between Bandung City and Seoul City based on international law is a treaty based on the 1969 Vienna Convention and Law Number 24 of 2000 concerning International Treaties. The obstacles faced are; (1) budget constraints with solutions to create a special budget and receive grant assistance; (2) commitment constraints with solutions in the form of utilizing existing technology; and (3) communication constraints with solutions in the form of short training of staff that will be on duty.
KEABSAHAN PERJANJIAN ARBITRASE ASIMETRIS BERDASARKAN HUKUM INTERNASIONAL Purkon Abdul Latip
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 9, No 2 (2023): December 2023
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v9i2.91041

Abstract

This research analyzes the problem of the validity of an asymmetrical arbitration agreement in international commercial arbitrations based on international law such as the New York Convention, the UNCITRAL Model Law and the principle of general law. This research is normative legal research. Data used secondary one including primary legal materials, secondary, and tertiary ones. The data collection technique used library research, and deductive logic data as an analysis techniques. The results show that the validity of the arbitration agreement is influenced by the national law governing the agreement between the parties, the national law where the place where an award is made and will be enforced as it in accordance with the New York Convention, and the UNCITRAL Model Law provisions. Thus, each jurisdiction will have different considerations and decisions in granting the validity of the asymmetric arbitration agreement as it influenced by the principle of general law interpretation each jurisdiction.

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