Student Journal of International Law
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.
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<![CDATA[THE ROLE OF CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE ]]>
<![CDATA[Ainal Zahra Nabila]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.19675
<![CDATA[In this study, ExxonMobil's Corporate Social Responsibility (CSR) programs are examined in order to investigate their role for the remedy of affected people in the crimes against humanity case that occurred in North Aceh. The methods that involved in this research is library research methods that describes the case, gathers, and organizes a wide variety of data from the document study (libraries) to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity case committed by the party that is affiliated with the ExxonMobil, which is Indonesian National Armed Forces. In results, this research found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR, that comply with international guidance and standard of CSR.]]>
<![CDATA[CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA ]]>
<![CDATA[Ainal Zahra Nabila]]>;
<![CDATA[Lena Farsia]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21730
<![CDATA[This paper examines ExxonMobil's Corporate Social Responsibility (CSR) programs for the remedy of affected people in the crimes against humanity cases that occurred in North Aceh, Indonesia. The method applied to this paper is normative research that describes the case, gathers, and organizes a wide variety of data from the document to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity cases committed by the party that is affiliated with the ExxonMobil, (Indonesian National Armed Forces). This paper found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR that comply with international guidance and standard of CSR.]]>
<![CDATA[APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA ]]>
<![CDATA[Fikri Farokhi. Skd]]>;
<![CDATA[Sanusi Sanusi]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21739
<![CDATA[This article examines the concept of hardship rule based on the UNIDROIT Principles of International Commercial Contracts (hereinafter called UPICC) and how it compares with force majeure regulated by the Indonesian Civil Code (hereinafter called ICC), as well as to analyze how it is applied in the Indonesian court decisions. This study uses a normative legal research method. The study shows that the meaning of the hardship rule under the UPICC is an event that has fundamentally changed the balance of a contract, resulting in a very high implementation value for the party performing, or the value of the implementation of the agreement is drastically reduced for the receiving party. Hardship and force majeure both occur in circumstances that preclude the obligation to perform that cannot be anticipated in advance, and the fault of either party does not cause the situation. The hardship rule emphasizes changes in circumstances by one of the parties to the contract caused by the contract value that changes significantly, causing significant losses for one of the parties, and hardship offers renegotiation for the parties. Meanwhile, force majeure is emphasized when the parties are unable to carry out all or part of the agreed performance which is generally caused by natural and social events, and force majeure offers contract suspension and termination of the contract. Indonesia has implicitly implemented this hardship in the legal system by referring to the principle of justice.]]>
<![CDATA[The Regulation and Implementation of Corporate Social Responsibility by Foreign Direct Investment in Block Pase Upstream Oil and Gas Sector, East Aceh Regency ]]>
<![CDATA[Hidayah Balqis]]>;
<![CDATA[Nurdin MH]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.20239
<![CDATA[This research aims to explain how the regulation of CSR and what factors support and hinder the implementation of CSR in foreign direct investment in the upstream oil and gas sector in the Pase Block, East Aceh. The writing of this thesis uses a normative juridicial method. The result of the study shows that the implementation of CSR in the Pase Block was not in accordance with UU No. 11 Tahun 2006 tentang Pemerintahan Aceh, Qanun Aceh No. 5 Tahun 2018 tentang Penanaman Modal, Qanun Kabupaten Aceh Timur No. 12 Tahun 2016 tentang TJSLP, Peraturan Gubernur No. 65 tahun 2016 tentang Pedoman Pelaksanaan TJSLP and ISO 26000, as well as Production Sharing Contract between parties.the company has not implement CSR in accordance with the laws and regualtions due to lack of commitment of TPI to implement CSR. As a result, the CSR has not had a positive impact on the economic growth of community and the environment around the company.]]>
<![CDATA[FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) ]]>
<![CDATA[Richard Al Khalik]]>;
<![CDATA[Nellyana Roesa]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21731
<![CDATA[The relevance of foreign vessel sinking policy to eradicate IUU fishing in IEEZ by national regulation to UNCLOS 1982 is questionable. This paper uses a normative legal analysis, examining international conventions and national regulation provisions and their application to legal events. The results indicate that implementing the foreign vessel sinking policy is national law enforcement of Law No. 45 of 2009 amendment to the Law No. 31 of 2004 Concerning Fishery, Article 69 (1) and (4). The foreign vessel sinking policy is not contrary to UNCLOS 1982 because the subject protected in EEZ by Article 73 (3) is the human being, not the vessel. It remains an effective means to create a deterrent effect as an optimum penalty for such crime.]]>
<![CDATA[THE APPLICATION OF THE HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA ]]>
<![CDATA[Fikri Farokhi Skd]]>;
<![CDATA[Sanusi Bintang]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21192
<![CDATA[This research aims to understand more comprehensively how the concept of hardship rule can be interpreted based on the UNIDROIT Principles of International Commercial Contracts (hereinafter called UPICC) and how it compares with force majeure regulated by the Indonesian Civil Code (hereinafter called ICC), as well as to analyze how it is applied in Indonesia as seen from the Indonesian court decisions. This study uses a normative legal research method. The result of this study is that the meaning of the hardship rule under the UPICC is an event that has fundamentally changed the balance of a contract, resulting in a very high implementation value for the party performing, or the value of the implementation of the agreement is drastically reduced for the receiving party. Hardship and force majeure both occur in circumstances that preclude the obligation to perform that cannot be anticipated in advance, and the fault of either party does not cause the situation. The hardship rule emphasizes changes in circumstances by one of the parties to the contract caused by the contract value that changes significantly, causing great losses for one of the parties, and hardship offers renegotiation for the parties. Meanwhile, force majeure is emphasized when the parties are unable to carry out all or part of the agreed performance which is generally caused by natural and social events, and force majeure offers contract suspension and termination of the contract. Indonesia has implicitly implemented this hardship in the legal system by referring to the principle of justice.]]>
<![CDATA[RESPONSIBILITY OF THE RECEIVING STATE IN PROTECTING THE DIPLOMATIC PREMISES (Case Of The Lowering Of The Iranian Embassy Flag In London) ]]>
<![CDATA[Mela Yunita]]>;
<![CDATA[Lily Husny Putri]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21734
<![CDATA[The responsibility of the receiving state in protecting the diplomatic premises has been regulated in the 1961 Vienna Convention on Diplomatic Relations. However, disturbances and destruction of diplomatic premises are still common in practice. One of them is the case of infiltration carried out by followers of al Shirazi against the Iranian embassy premise in London on Friday, March 9, 2018. The this paper indicates that the protection provided by the receiving state to the diplomatic representative premises in its country should not exceed the threat capacity or be less than the threat. In the case of lowering the flag of the Iranian embassy in London, this is a form of responsibility given by Britain as the recipient state, namely by arresting the intruders after the incident. However, the actions of the intruders constituted a violation of the 1961 Vienna Convention.]]>
<![CDATA[THE REGULATION OF THE CHEMICAL WEAPON USED THAT RELATED WITH SELF-DEFENSE ARRANGEMENT IN ARTICLE 51 OF THE UNITED NATIONS CHARTER ]]>
<![CDATA[Rizka Faradilla]]>;
<![CDATA[Adwani Adwani]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.20676
<![CDATA[This study aims to find out about the regulation and the use of chemical weapons as a state's self-defense and to find out and explain the reasons why some countries use chemical weapons to defend themselves from attacks by other countries. This research is normative legal research, from the results of the study it was found that Article 51 of the United Nations Charter which regulates self-defense does not specifically explain the use of permissible weapons in self-defense so in practice there are still many countries that use chemical weapons despite their use forbidden in war. The United Nations should make changes to the contents of the United Nations Charter, especially in Article 51 on Self-defense in order to add more detailed rules regarding anticipatory actions for Self-defense so that no country admits to carrying out armed attacks with the aim of self-defense for their respective interests and harming many parties.]]>
<![CDATA[JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION ]]>
<![CDATA[Nora Afriyani]]>;
<![CDATA[Lena Farsia]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21736
<![CDATA[This article examines the jurisdictional of ICSID Arbitration and the dispute resolution mechanism of Churchill Mining plc and Planet Mining pty ltd against Indonesia at ICSID. This research is in the form of normative legal research conducted by collecting legal materials. Legal materials are collected using the literature study method by collecting legal materials and information in primary, secondary, and tertiary legal materials. According to Article 25 of ICSID Convention, dispute arising directly from an Investment, absolute requirement of jurisdiction is the existence of a legal dispute. The general secretariat serves as a screening and checks whether the request for arbitration is outside the center's jurisdiction because it is not related to investment. ICSID should no longer need to carry its competency test for too long because both parties have made a contract in determining the choice of forum at ICSID.]]>
<![CDATA[THE FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) ]]>
<![CDATA[Richard Al Khalik]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.20128
<![CDATA[This study aims to explain the relevancies regarding foreign vessel sinking policy to eradicate IUU fishing in IEEZ by national regulation to UNCLOS 1982. Another aim is to know the effectiveness of the foreign vessel sinking policy in eradicating IUU fishing in the IEEZ. This research is in the form of normative legal analysis. Legal research examines international conventions and national regulation provisions and their application to legal events. The data collection technique used is document study which includes international law regulations and national laws related to this thesis. The results indicate implementing the foreign vessel sinking policy is national law enforcement by Law No. 45 of 2009 amendment of Law No. 31 of 2004 Concerning Fishery in Article 69 (1) and (4). The foreign vessel sinking policy is not contrary to UNCLOS 1982 because the subject protected in EEZ by Article 73 (3) is the human being, not the vessel. It remains an effective means to create a deterrent effect as an optimum penalty.]]>
