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M.Yakub Aiyub Kadir
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Fakultas Hukum Universitas Syiah Kuala Jalan Putroe Phang No.1. Darussalam, Provinsi Aceh, 23111 Telp: (0651) 7410147, 7551781. Fax: 7551781
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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 7 Documents
 1 
Search results for , issue "Vol 1, No 2: December 2021" : 7 Documents clear
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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19278

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19274

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19279

Abstract

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
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19275

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19280

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19276

Abstract

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. 

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