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Student Journal of International Law
Published by Universitas Syiah Kuala
ISSN : -     EISSN : 28078497     DOI : https://doi.org/10.24815/sjil.v3i2.29557
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
We are interested in topics relating to domestic and international legal issues. it accepts articles relating to Civil Law, Criminal Law, Civil Procedural Law,Criminal Justice Process, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law and Constitutional Procedural Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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THE SOURCE OF LAWS IN THE GAMBIAN AND INDONESIAN LEGAL SYSTEM: A COMPARATIVE STUDY Essa Garba; Azhari Yahya
Student Journal of International Law Vol 3, No 1: August 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i1.27218

Abstract

This article compares the source of legal system in the Gambia with the legal system in Indonesia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, it was found that the elements in the source of the legal system, in general both the Gambia and Indonesia have similarities, in terms of their adoption of a practical mixed system, of constituting the colonial laws, Customary law and Islamic law as part of their source of legal. The results also indicate differences between the Gambian and Indonesia legal system when it comes to the foundation of their legal system. The article suggest that Gambian and Indonesian legal experts should help in making more research on comparative studies of their countries. Conducting comparative studies will help in advancing the countries legal system for better service for their people respectively and update to modern development.
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 | 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 | 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.
LEGAL ANALYSIS ON THE SPECIAL MILITARY OPERATION OF RUSSIA IN UKRAINE BASED ON STATE SOVEREIGNTY PRINCIPLE Muhammad Shidqi; Lena Farsia
Student Journal of International Law Vol 3, No 1: August 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i1.25181

Abstract

This article analyses how is the Russia’s special military operation (SMO) in Ukraine according to the perspective of the State sovereignty principle, and how far the efforts of the United Nations (UN) in maintaining the world peace. This study utilized a normative research. The data in this research consists of primary and secondary data, obtained through international law resources (international covenant, convention and other international legal sources) and journals. The study reveal that Russian SMO in Ukraine has violated international law, particularly the state sovereignty principle which is a fundamental principle in international law. Furthermore, the United Nations as a peacekeeper organization has done any means in accordance to its obligation regulated in the UN Charter in maintaining peace. Russia must cease all military action and use a peaceful way, and the UN must call all of its member to be independent and provide a peaceful mediation to settle the conflicts.
THE ROLE OF INTERNATIONAL MONETARY FUND (IMF) IN ECONOMIC RECOVERY DURING ECONOMIC CRISIS OF INDONESIA Farsia, Lena
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 | 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
ANALYSING INDONESIAN’S NEW AND RENEWABLE ENERGY BILL IN TERMS OF A NON-NUCLEAR COUNTRY (NPT) Raihan Maulana Putra; Sophia Listriani
Student Journal of International Law Vol 2, No 2: December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23670

Abstract

This paper is explaining about the importance of the new energy bill to build and operating nuclear as a sustainable energy. This research is conducted using normative-juridical methods. The results have shown that there are many international aspects of nuclear law and regulations that have been adopted or ratified which needs to be accommodated in national legislation and many oppositions in the fear with the nuclear management failure and the past nuclear fatality and the lack of human resources; and also the effect on NPT has rather clear that the use of nuclear power for peaceful use is allowed for peace use and benefit. Suggestion on several implementing law and nuclear security regulations that have not been adequately regulated need to be prepared and the bill of new and renewable energy should be imposed as soon as possible and to conclude nuclear power in the bill..
CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA Ainal Zahra Nabila; Lena Farsia
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.v2i1.21730

Abstract

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.
LEGAL PROTECTION FOR VICTIMS OF EXTRAJUDICIAL KILLINGS AS GROSS HUMAN RIGHTS VIOLATIONS IN INDONESIA Nurul Ikhwani; Lena Farsia
Student Journal of International Law Vol 3, No 2: December 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i2.27645

Abstract

This article examines the concept of extrajudicial killings and the legal protection available for victims of such heinous acts as gross human rights violations in Indonesia. The study adopts a normative approach, utilizing a comprehensive review of library, secondary, and tertiary legal materials to gather relevant data. The findings reveal that extrajudicial killings manifest in various forms, including genocide, crimes against humanity, enforced disappearance, torture, political assassination, and the excessive use of force, all of which meet the criteria for murder as defined by Law No. 26 of 2000. However, the existing legal protection for victims of extrajudicial killings falls short in fully guaranteeing their rights. The practical implementation of compensation, restitution, and rehabilitation measures encounters significant obstacles. Despite some efforts to address this issue, eradicating extrajudicial killings in Indonesia remains an ongoing challenge. The government must undertake further actions to effectively combat this grave violation of human rights
ANTI-CORRUPTION IDEOLOGY IN HIGHER EDUCATION IN INDONESIA Sulaiman Sulaiman
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 | DOI: 10.24815/sjil.v1i1.18080

Abstract

Anti-corruption ideology will get through deeply into the system of beliefs. Individuals with anti-corruption ideals are strengthened with their values, ideas, and norms, saying that corruption is atrocious. One of the potential opportunities for instilling the beliefs system is in higher education, where the education and teaching process and its recycling are taking place. The educational process at a higher education level is considered more established in understanding various levels of sciences and knowledge. Therefore, higher education has the greatest potency to ingrain anti-corruption ideals and encourage resistance against corrupt behavior. However, the potential is still debatable because educated persons conduct corruption, as it has been categorized as white-collar crime. Figures displayed by corruption statistics are outrageous. First, the rate of corruption targeted for investigation, being investigated, and punished is growing. Second, there is a tendency that the more a person developed, becomes more respected and educated, the more chances for the person to have a corrupted mindset. Hence, it can be concluded that education does not cause neglectfulness and powerlessness of someone to avoid corruption, but their intellectuality determines it. Keywords: Ideology; Epistemology; Anti-corruption; Higher education.
LEGAL PROTECTION OF SMART CONTRACT IN INDONESIA WITH REFERENCE TO DUTCH LAW Cut Putroe Salsabila; Eka Kurniasari
Student Journal of International Law Vol 3, No 1: August 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i1.27219

Abstract

The growth of technology has altered many human habits, including business practices. One ofthe emerging innovations is smart contracts. However, Indonesia still has not possessed specificregulations toward smart contract. This article investigates the legalprotection for the execution of smart contracts in Indonesia with reference to the Dutch General Data Protection Regulation (GDPR). The research methodology used in this thesis is normative research, namely legal research conducted by examining library materials or secondary legal materials, and tertiary legal materials. The article shows that the issue with present Indonesian law is that it fails to acknowledge the potential benefits and drawbacks of smart contracts. Hence setting up a specific law to regulate smart contract protection and its implementation, including the protection of the data subject, as well as the safeguard measures is urgently required.

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