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M.Yakub Aiyub Kadir
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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 2, No 1: August 2022" : 7 Documents clear
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.
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.
APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA Fikri Farokhi. Skd; Sanusi Sanusi
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.v2i1.21739

Abstract

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.
FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) Richard Al Khalik; Nellyana Roesa
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.v2i1.21731

Abstract

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.
RESPONSIBILITY OF THE RECEIVING STATE IN PROTECTING THE DIPLOMATIC PREMISES (Case Of The Lowering Of The Iranian Embassy Flag In London) Mela Yunita; Lily Husny Putri
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.v2i1.21734

Abstract

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.
JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION Nora Afriyani; 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.v2i1.21736

Abstract

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.
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 | 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. 

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