cover
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
Student Journal of International Law
ISSN : -     EISSN : 28078497     DOI : -
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.
Articles 33 Documents
THE FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) Richard Al Khalik
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i1.20128

Abstract

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.
CHEMICAL WEAPON USAGE RELATED TO SELF-DEFENSE ARRANGEMENT IN ARTICLE 51 OF THE UNITED NATIONS CHARTER Rizka Faradilla; Adwani Adwani
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (238.851 KB) | DOI: 10.24815/sjil.v2i1.21729

Abstract

Abstract- This paper aims to find out the regulation and the use of chemical weapons as a state’s self-defense and to explain why some countries use chemical weapons to defend themselves from attacks by other countries. This study was conducted based on normative legal method. 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 being forbidden in war (humanitarian law). The United Nations should amend 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. 
CHILD MARRIAGE CONDITIONALITY AND ITS DISPENSATION IN MAHKAMAH SYAR’IYAH ACEH, INDONESIA Raudhatul Jannah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.481 KB) | DOI: 10.24815/sjil.v1i1.18078

Abstract

This research aims to explain the policy regarding the conditionality and its dispensation of child marriage and to find out the effectiveness of the Law Number 16 Year 2019 Concerning the Amendment of Law Number 1 Year 1974 Concerning Marriage Law as well as the implementation of child marriage conditionality in Aceh by analysing Mahkamah Syar’iyah decisions. This research uses normative empirical legal research which mostly discusses on the Marriage Law and focuses on the norms regarding the conditionality and its dispensation of child marriage that is regulated under the Marriage Law and the implementation in Aceh. Keywords : Child Marriage, Children Rights, Legal problems, Mahkamah Syar’iyah.
CORPORATE SOCIAL RESPONSIBILITY BY FOREIGN DIRECT INVESTMENT IN BLOCK PASE UPSTREAM OIL AND GAS SECTOR, EAST ACEH REGENCY, INDONESIA Hidayah Balqis; Nurdin MH
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (227.203 KB) | DOI: 10.24815/sjil.v2i1.21737

Abstract

This article explains 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  result shows that the implementation of CSR in the Pase Block was not in accordance with Law on Governing Aceh number. 11/ 2006, Qanun Aceh No. 5/2018 on investment, Qanun Aceh Timur Number 12/ 2016 on CSR, Government Regulaiton number 65/ 2016 on the guideline for CSR and ISO 26000, as well as Production Sharing Contract between parties. The company has not implemented CSR in accordance with the laws and regulations due to the lack of commitment of TPI to implement CSR. As a result, the CSR has not positively impacted the economic growth of the community and the environment around the company.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (611.405 KB) | DOI: 10.24815/sjil.v1i2.19277

Abstract

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.
THE ROLE OF INTERNATIONAL MONETARY FUND (IMF) IN ECONOMIC RECOVERY DURING ECONOMIC CRISIS OF INDONESIA Lena Farsia
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (258.428 KB) | DOI: 10.24815/sjil.v1i1.18074

Abstract

The International Monetary Fund (IMF) has a primary role in providing financial support to countries facing financial crises, such as the 1998 world financial crisis. The situation has brought an enormous impact on developing countries, particularly Indonesia. This paper explores the role of The IMF and maps out the problems related to the financial crisis and its impact on Indonesian political reforms. It will be done by compiling the milestones in chronological order from 1997 until 2017. It also aims to examine the lending policies of the International Monetary Fund, which brings a country like Indonesia becomes addicted and difficult to survive or improve in its economic development. There will be an understanding of how the actual process happens. It can be used as an instrument to assess whether the existence and role of the IMF in Indonesia have a better or harmful impact on the long-term economic development of Indonesia.   Keywords: The International Monetary Fund (IMF), Economic Development, Financial Crisis
COPYRIGHT PROTECTION OF SONG AND MUSIC USED COMMERCIALLY BY CAFE REGARDING ROYALTY PAYMENT (A Comparative Study of Indonesian and Singaporean Laws) Qathrunnada Qathrunnada; Sanusi Sanusi
Student Journal of International Law Vol 2, No 2: Desember 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23672

Abstract

This paper is a comparative study that analyzes policies regarding the payment of song royalties in Indonesia and Singapore through the Indonesian Copyright Law 2014 and the Singapore Copyright Law 2021. The paper used normative legal research that focuses on written legal norms, with main data from international laws, Indonesian and Singaporean laws, and other related government regulations. The results show that there are various regulatory similarities between Indonesia and Singapore regarding copyright because the two countries ratified the same international conventions, but of course there are differences. Lessons that can be learned from Singapore in terms of managing song royalties is managed by one Collective Management Organization (CMO) and assisted by digital technology system called Soundsys in collecting and distributing royalties.
DOCUMENTATION BARRIERS FOR REFUGEES DURING THE COVID-19 PANDEMIC IN INDONESIA: A STUDY IN THE CITY OF LHOKSEUMAWE Muhammad Fajri; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 2, No 2: Desember 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23668

Abstract

This paper assess  the documentation barriers for handling refugees during Covid-19, including vaccination  with reference to refugees in City of Lhokseumawe, Aceh Province, Indonesia. Equally,  the roles of UNHCR, the government, and the health office also be taken into account. The results showed that the role of UNHCR, the government, and the health service in handling refugees has not  optimally run because the shelter provided was not adequate, while  conducting PCR tests, distributing masks and hand sanitizer, and even vaccinating refugees is limited. The national rules related to the vaccination of Rohingya refugees are contained in Article 27 of the 2016 Presidential Regulation on Handling Refugees from Abroad. However, there are barriers and challenges for vaccinating refugees such as the documentation barriers and  the shotage of logistics. There are suggestions to add adequate shelters, provide masks and hand sanitizer, and carry out PCR tests in every activity carried out by refugees under the public health principle. So it should be there is no documentation barriers when public health is demonstrating
FORCIBLE DIVERSION OF CIVIL AIRCRAFT UNDER INTERNATIONAL LAW (CASE STUDY OF RYANAIR FLIGHT 4978 IN BELARUS) Azahra Nafilah Faradita; Rosmawati Rosmawati
Student Journal of International Law Vol 2, No 2: Desember 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23673

Abstract

Every state has complete and exclusive sovereignty over the airspace above its territory under Article 1 of the 1944 Chicago Convention, Belarus carried out a forcible diversion of Ryanair Flight 4978 for the purpose of arresting a journalist and a pro-opposition activist from that country under this Article. However, forcible diversion of aircraft is also a form of hijacking and is contrary to Article 11 paragraph (1) of the 1963 Tokyo Convention and Article 1 of the 1970 Hague Convention. As a result, the international community has various reactions and opinions in an attempt to categorize the Belarusian act. This paper examines the international legal instruments related to the forcible diversion of civil aircraft as part of hijacking, the responsibility of the Belarusian Government, and legal settlement regarding the actions committed by Belarus. This paper found, Belarusian government actions are not categorized within the scope of the definition of hijacking regulated in the 1963 Tokyo Convention, the 1970 Hague Convention, and UNCLOS 1982.
THE OBLIGATION OF PARIS AGREEMENT 2015 IN REDUCING CARBON EMISSIONS (A CASE STUDY IN PT. SOLUSI BANGUN ANDALAS) M. Ofans Hasz; Nellyana Roesa
Student Journal of International Law Vol 2, No 2: Desember 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23669

Abstract

This paper aims to find out the roles of corporate responsibility in reducing carbon emissions under international law, and to find out the carbon emission reduction programs carried out by PT. Solusi Bangun Andalas (SBA) as a form of corporate responsibility. This paper uses primary data obtained in field  in the form of interviews with respondents and informants, observations, and combines legal materials such as textbooks, theories, laws and regulations which become secondary data. The results found that the Paris Agreement is one of the most likely solutions in the future in terms of order to deal with the impact of climate change, especially in terms of reducing carbon emissions due to the firmness of including to hold global temperatures below 2 degrees Celsius, and also to overcome the increase in carbon emissions.

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