cover
Contact Name
Anang Setiyawan
Contact Email
anangsetiyawan@staff.uns.ac.id
Phone
+6285235979666
Journal Mail Official
belliacpacis@mail.uns.ac.id
Editorial Address
Faculty of Law Universitas Sebelas Maret Ir Sutami Road No. 36A,, Kentingan Surakarta
Location
Kota surakarta,
Jawa tengah
INDONESIA
Belli Ac Pacis (jurnal hukum internasional)
ISSN : 24605247     EISSN : 27210596     DOI : https://doi.org/10.20961/belli.v7i2
Core Subject : Humanities, Social,
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 110 Documents
KOMITMEN UNI EROPA DALAM PEMENUHAN PRINSIP NON-REFOULEMENT TERHADAP NEGARA-NEGARA ANGGOTA (Studi Kasus Krisis Pengungsi di Yunani Pascakebakaran Kamp Moria) Sharleen Dessyhana Chrisella
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (698.721 KB) | DOI: 10.20961/belli.v7i2.59996

Abstract

One of the countries in Europe with the biggest refugee crisis is Greece and triggers the emergence of refoulement. The non-refoulement principle is an absolute form protection for a refugee and must be obeyed by all ratifying countries. On that basis, Greece needs an additional assistance from the European Union as a regional organization that houses most European countries. This study aims to explain the commitment of the European Union in fulfilling the principle of non-refoulement to the refugee crisis in Greece, especially after the fire incident at Camp Moria. This research is a normative legal research with a statute approach and a conceptual approach. The sources of legal materials used are based on 1951 Convention on the Status of Refugees also the non-refoulement principle. The technique of collecting legal materials used is library research and analyzed through inductive analysis techniques. The results showed that the condition of the refugee crisis in Greece especially after the fire at Camp Moria was so alarming where the refugees are in danger of being refoulemented. In dealing with the refugee crisis that occurred in Greece, the European Union has tried to issue policies and decisions but the policies have not been implemented optimally.
TINJAUAN MENGENAI KONSEP MARITIME SAFETY BELT INDONESIA DALAM UPAYA PERLINDUNGAN WILAYAH NEGARA KESATUAN REPUBLIK INDONESIA Febrika Ganang Adista
BELLI AC PACIS Vol 1, No 1 (2015): June, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (686.543 KB) | DOI: 10.20961/belli.v1i1.27376

Abstract

This research examines the concept of Maritime Safety Belt Indonesia expressed by the National Authority for State Border Management (BNPP) in an effort to protect territorial integrity Republic of Indonesia. This research is the normative nature of legal research peskriptif. Secondary data types include primary, secondary law materials. Data collection techniques used are using the approach of law and the study of librarianship. The results of this research show that the welfare and security of the development policy in Indonesia must be started from the border regions and the outermost small islands (PPKT) in an effort to protect the region's sovereignty and territorial jurisdiction of the (Maritime Safety Belt) Republic of Indonesia.
WACANA PEMBENTUKAN ALUR LAUT KEPULAUAN INDONESIA (ALKI) RUTE TIMUR-BARAT DITINJAU DARI HUKUM INTERNASIONAL Eriec Firman; Sri Lestari Rahayu; Anugrah Adiastuti
BELLI AC PACIS Vol 2, No 2 (2016): December, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (508.914 KB) | DOI: 10.20961/belli.v2i2.27456

Abstract

This research aims to determine and examines the problems regarding how is the juridicial ascpect of the issue of the designation of Indonesia’s Archipelagic Sea Lanes (ASL) East-West Routes. This research is a prescriptive normative legal research. This research use the 1982 United Netions Convention on The Law of The Sea (UNCLOS) as its primary legal sources. While literatures, expert opinions, as well as journals, scientific legal articles and other relevant document and also using the electronic based material, such as internet are used as the secondary law sources of this research. The sources were collected through the library study. Furthermore, those legal materials be treated and analyzed and had been used to answers the studied issues In terms of the Article 53 of 1982 United Nations Convention On the Law of The Sea, the results of the research show that Indonesia is in needs to complete the designation of Indonesia archipelagic sea lanes which would be completed through the designation of the East-West route of the Indonesia archipelagic sea lanes.
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.
Pertanggungjawaban Negara Bahama dan Perusahaan Kapal MV Caledonian Sky Terhadap Kerusakan Terumbu Karang di Raja Ampat Berdasarkan Polluter Pays Principle Dina Anisa; Diah Apriani Atika Sari
BELLI AC PACIS Vol 5, No 2 (2019): December, 2019
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.241 KB) | DOI: 10.20961/belli.v5i2.40027

Abstract

On March, 4th  2017, a cruise ship, MV Caledonian Sky ran aground on the waters of the island of Kri, Raja Ampat, Indonesia and resulted in 18.882 square metres of coral reefs in that water damaged. Therefore, this study aims to determine the responsibility of the flag state of MV Caledonian Sky, the Bahamas, and MV Caledonian Sky’s company for the damage to coral reefs there. This study uses a descriptive type of doctrinal research. The sources of legal materials in this study are primary legal material and secondary legal material through literature study as a technique of collecting data. Meanwhile, the technique for analyzing the legal materials is a syllogism method with a deductive reasoning which all international legal regulations and the related national legal regulations as major premise and MV Caledonian Sky grounding incident at Raja Ampat as minor premise. The results of this study indicates that in accordance with the polluter pays principle, the Bahamas is responsible for its capacity as a flag state in accordance with the provisions of Article 94 of the United Nations Convention on the Law of the Sea and the ship company of MV Caledonian Sky could be responsible through two mechanisms, specifically through civil liability and risk sharing agreements. The risk sharing agreement is an automatic mechanism based on an agreement signed by the Master with Raja Ampat government, while civil liability must be preceded by a lawsuit from the government that uses its claim rights.
PENJATUHAN SANKSI UNI EROPA ATAS TINDAKAN ANEKSASI RUSIA DI KRIMEA, UKRAINA Ruth Intan Sari
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.424 KB) | DOI: 10.20961/belli.v7i1.59987

Abstract

This study raises the issue of the legality of the imposition of European Union sanctions for Russia’s annexation of Crimea, Ukraine based on international law and the forms of imposing these sanctions. The method used in this research is normative legal research and is prescriptive. The types and sources of research data used are primary legal materials and secondary legal materials collected by using library research legal materials collection techniques. The data analysis technique used is a deductive mindset technique. This research results that the legality of EU sanctions is Council Decision 2014/512/CFSP and Council Regulation (EU) No. 833/2014 with provisions for imposing sanctions based on the European Union Agreement adopted within the framework of the Common Foreign Security and Policy (CFSP). The form of sanctions imposed are; (1) Arms embargo; (2) Export of dual-use goods; (3) Financial sanctions; (4) Prohibition of fulfilling claims; (5) Restrictions on services and other items.
DAMPAK KEBIJAKAN ZEROING OLEH AMERIKA SERIKAT TERHADAP PRODUK IMPOR UDANG DARI CHINA Zulfana Rizki Danirmala; Emmy Latifah
BELLI AC PACIS Vol 1, No 1 (2015): June, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (211.241 KB) | DOI: 10.20961/belli.v1i1.27364

Abstract

The study aims to determine and explain the impact of anti-dumping policy of the United States on shrimp imports from China that calculated by zeroing method. This research is prescriptive normative research. Data were collected through library research. Analysis of the data used method of deductive reasoning. The results showed that zeroing policy results in margins of dumping shrimp imported products from China to be very high which affects the amount of antidumping duties paid by China to the United States. China did not get the rights to recalculate on import products from the United States as well as countries in the EU.
BENTUK TANGGUNG JAWAB PARA PIHAK DALAM KONFLIK BERSENJATA NON-INTERNASIONAL DALAM MEMBERIKAN PERLINDUNGAN KEPADA PENDUDUK SIPIL Yusniar Dwi Agustin; Diah Apriani Atika Sari
BELLI AC PACIS Vol 2, No 1 (2016): June, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (261.975 KB) | DOI: 10.20961/belli.v2i1.27446

Abstract

This journal aims to know the responsibility from the parties in non-international armed conflict in the country. As described in Geneva Convention 1949 Article 3 that parties in armed conflict not of an international required for implementing the clauses following the convention. This research uses statute approach and conceptual approach; and the characters are prescriptive and adaptive. The legal materials which are used are use either be primary and secondary legal materials. The collection of legal materials technique that used in this research is library research. The analysis technique that used is the deductive format. Based on the result of this research, there are some responsibilities from the conflict parties in non-international armed conflict. The responsibility from the parties regulated in some international regulations.
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.
Penanganan Pengungsi Internasional dalam Kerangka Implementasi Tujuan Pembangunan Berkelanjutan (TPB) di Indonesia Alifa Salsabila; Prasetyo Hadi Purwandoko
BELLI AC PACIS Vol 5, No 1 (2019): June, 2019
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (659.402 KB) | DOI: 10.20961/belli.v5i1.40017

Abstract

This paper describes and examines the handling of international refugees within the framework of implementing Sustainable Development Goals (TPB) in Indonesia. The research in this paper is a normative research using a conceptual approach to the principles of international law and human rights law, as well as the statute approach to the Republic of Indonesia Presidential Regulation No. 125 of 2016 concerning Refugee Handling from Abroad and Presidential Regulation No. 59 of 2017 concerning Implementation Achievement of Sustainable Development Goals (TPB). Indonesia as a transit country does not ratify the 1951 Convention on the Status of Refugees and the 1967 Protocol on Refugee Status. The results of the study show that even though it has not been done optimally, humanitarian response to Indonesian foreign policy towards international refugees is a form of Indonesia’s attachment to the moral of human rights and the principles of international law. Thus, this humanitarian response is a justification for the handling of international refugees within the framework of implementing Sustainable Development Goals (TPB) in Indonesia.Keywords: 

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