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Student Journal of International Law

SJIL
Website

Published by Universitas Syiah Kuala

ISSN : - EISSN : 28078497 DOI : -

Core Subject : Humanities, Education, Social,

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Student Journal of International Law is a join initiative of International Class Program and International Law department of faculty of Law Syiah Kuala University in Aceh-Indonesia. SJIL is published in a periodic of two times a year, i.e. August, and December. Accepted articles within a certain period will be published online and can be accessed full text through the website of the journal. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Aceh autonomous region and its relation with Indonesia and global sphere, in particular on international law issues. Published exclusively in English, the SJIL seeks to expand the boundaries of local, national and global legal discourses to access English-speaking contributors and readers all over the world. The SJIL, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. Novelty and recency of issues, however, is a priority in publishing. The Editorial Board shall not be responsible for views expressed in every article.

Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional

Articles 8 Documents

Search results for , issue "Vol 1, No 2: December 2021" : 8 Documents clear

COMPENSATION AND ABSOLUTE LIABILITY PRINCIPLE ON THE CASE OF AIR ASIA QZ 8501 AIRPLANE ACCIDENT 2014 Nurul Alifah Jovita; Rosmawati Rosmawati
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This study investigates the issue of compensation based on the absolute responsibility principle in the Air Asia QZ 8501 airplane accident in 2014. This study uses normative juridical legal research with secondary data as primary data obtained through literature study. The results indicate a lack of clarity in the implementation of compensation as regulated in the National Aviation Law regarding the maximum amount of time required in insurance claims toward the heirs. Without a precise time limit, airlines and insurance companies will create many obstacles during the data collection process and the documents involved. It is recommended that the government strengthen the rules regarding the provisions in implementing compensation, especially related to the insurance claim process toward the heirs. In addition, it is also recommended for airlines and insurance companies to consistently set a precise time limit for the investigation and identification of the victims to speed up the issuance of the necessary documents from the Court. Keywords: Airplane Accident, Compensation, International Air Freight, Principle of Liability, Strict Liability.

MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS Badratun Nafis; Sanusi Bintang
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This study analyses the similarities and differences of maternity protection under Indonesia and Malaysia's Labor Law. The method used in this research is a normative and comparative approach. This study shows several differences in maternity protection from both laws, such as the duration of maternity leave and the provision of breastfeeding entitlement. However, few similarities are also found, such as both laws provide social and health protection under the labor law. Malaysian lawmakers should revise the Employment Act 1955, which covers work protection and breastfeeding, and both countries should ratify the Maternity Protection Convention of 2000 to better protect women workers in the workplace.Keywords: Maternity protection, Women worker, International convention, Indonesia and Malaysia labor law.

IMPLEMENTATION OF DISTINCTION PRINCIPLE CONCERNING THE USE OF ARMED DRONES BY UNITED STATES OF AMERICA Rauzatul Jannah; Sophia Listriani
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This study analyzes the legal problem regarding implementing the distinction principle related to drones as military weapons by the United States of America (USA) based on international humanitarian law. The method used in this research is normative legal research. The results show that implementing the distinction principle when the United States of America uses drones as military weapons is not correctly implemented, as international humanitarian law requires. It can be seen from the number of civilian casualties who fell during drone attacks and the destruction of civilian objects. So the USA has been violated the distinction principle of international humanitarian law, so legal liability must be pursued under the international justice system. Also, other states have to follow the principle when using to conform to international requirements, commit to solid criteria for disclosure, monitoring, and accountability, and release regular updates on drone strikes and casualties. Keywords: Distinction principle; International Humanitarian Law; Drones as military Weapon; United States of America

United Nations General Assembly Resolution and Its Implementation by Non-Governmental Organizations: A Review of Situation in Rakhine Myanmar Ainna Khairunnisa; Muhammad Ya'kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.18069

The UN General Assembly has adopted several resolutions in response to the Myanmar human rights situation, including the resolution A/RES/74/246 of 2019. One of the key players to implement the UNGAR is the Non-Governmental Organizations (NGOs). However, the international legal standing of the NGOs has not yet been clearly established. Herein, Article 71 of the UN Charter has been acted as the basis of NGO operation. This research aims to examine the eligibility of Article 71 of the UN Charter to provide legal standing for NGOs operation and to investigate the contributions of NGOs to the implementation of UNGAR 74/246. The research employed normative-empirical method. The result showed that the article does not clarify international legal standing of NGOs operation. However, the NGOs has played its role as mandated by the UNGAR. It is recommended to implement the future agenda on NGOs legal standing in order to support their contribution.

RIGHT TO EDUCATION OF CHILDREN IN CONFLICT WITH THE LAW AT LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) CLASS II JAKARTA, INDONESIA Farah Fadhilah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

The protection of the right to education for Children in Conflict with the Law in Indonesia in relation to International Human Rights Law is quesionable. This paper explores the fulfillment of the right to education in LPKA Jakarta towards Children in Conflict with the Law from January 2018 to March 2020. This shows that the education rights for minor offenders are in line with International Human Rights Law; however, minor offenders at LPKA Jakarta have not been able to receive Formal as well Non-Formal Education. The Indonesian legislator needs to revise the National Education System to accommodate a provision regarding the formal education for children in minor offenders; and full supports to fulfill the right to education at the LPKA Jakarta is required. Keywords: Right to Education, Children in Conflict with the Law, LPKA Jakarta.

PROTECTION OF CHILD REFUGEES UNDER INTERNATIONAL LAW Sri Muliana Azhari; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

International law has a vital role in securing more excellent protection for refugee children. There are 82.4 million people fleeing war, violence, persecution, and human rights violations in 2020 globally, 42% of refugees are children under the age of 18. Therefore this study raised the question of what international conventions govern child refugees. This research uses normative research.The results found that the 1951 refugee convention and the 1967 protocol are international arrangements regulating refugee children. Simultaneously, the Convention on the right of Children (CRC) also offers more detailed and comprehensive legal guidelines on child care, including refugee children. Those two conventions have contributed to firm legal protection for child refugees, but there is also a weakness when a country only ratifies one of them. Thus, for legal certainty, a new legal instrument in the form of a convention on the rights of child refugees is needed to fulfill the rights of child refugees properly. Keywords: International protection, International refugee law, Child refugee.

THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES Munira Rezkina; Sanusi Bintang
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This article investigates the reason that is likely to cause inaccurate interpretation by an Indonesian Court and the application of the 'strict liability' principle in Aceh forest fire cases. Mainly, this article discovers the cause of inaccurate interpretation of strict liability is an insufficient legal instrument and the lackness of law enforcement while applying the strict liability principle. It is proposed to amend the law and regulations that are inconsistent with one another to ensure the principle's application and outlines a comprehensive procedure for imposing strict liability on the plaintiff, defendant, and judge. Keywords: Strict liability principle; Strict liability; Forest fire; Aceh forest fire cases; Environmental law.

RELEASE AND DISCHARGE AGREEMENT IN THE COMPENSATION SETTLEMENT BY AIRLINES COMPANY (A NATIONAL AND INTERNATIONAL LAW PERSPECTIVE) Nida Wafiqah; Rosmawati Rosmawati
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This paper analyses the rules and implementation regarding the Release and Discharge Agreement in the compensation settlement process by airlines company based on national and international law. The results show that this release and discharge agreement is not per Article 186 of the Aviation Law, which regulate that the carrier as a business actor is prohibited from making special agreements or requirements that negate the carrier's responsibility or determine a lower limit than the current compensation limit. According to international law, this release and discharge agreement does not follow Article 26 of the 1999 Montreal Convention, which regulates that airlines companies are not allowed to form contracts that may reduce or eliminate the amount of liability. Hence, obstacles arise in the ccompensation settlements when using Release and Discharge Agreement documents, the method of airline liability, and proving the cause of the accident to exclude the payment of compensation settlements to passengers. It is recommended to improve the rules related to the carrier's responsibility to ensure that passengers could get their rights according to the provisions contained in the legislation and maximize the implementation of international conventions related to aviation that have been ratified into national regulations. Keywords: Compensation, Liability, Release and Discharge Agreement, Airline Company, Passenger.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Muhammad Reza

Contact Email
muhammadreza@unsyiah.ac.id

Phone
-

Journal Mail Official
sjil@unsyiah.ac.id

Editorial Address
Fakultas Hukum Universitas Syiah Kuala Jalan Putroe Phang No.1. Darussalam, Provinsi Aceh, 23111 Telp: (0651) 7410147, 7551781. Fax: 7551781

Location
Kab. aceh besar,

Aceh

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Reza

Contact Email muhammadreza@unsyiah.ac.id

Phone -

Journal Mail Official sjil@unsyiah.ac.id

Editorial Address Fakultas Hukum Universitas Syiah Kuala Jalan Putroe Phang No.1. Darussalam, Provinsi Aceh, 23111 Telp: (0651) 7410147, 7551781. Fax: 7551781

Location Kab. aceh besar, Aceh INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muhammad Reza

Contact Email
muhammadreza@unsyiah.ac.id

Phone
-

Journal Mail Official
sjil@unsyiah.ac.id

Editorial Address
Fakultas Hukum Universitas Syiah Kuala Jalan Putroe Phang No.1. Darussalam, Provinsi Aceh, 23111 Telp: (0651) 7410147, 7551781. Fax: 7551781

Location
Kab. aceh besar,

Aceh

INDONESIA