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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 3, No 1: August 2023" : 7 Documents clear
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.
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.
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.
SETTLEMENT OF DISPUTES OVER DOMAIN NAMES OWNERSHIP AND CYBERSQUATTING IN INDONESIA AND SINGAPORE Nur Hakiki; Sanusi Sanusi
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.v3i1.24872

Abstract

The article was conducted based on the rise of cybersquatting against domain names in Indonesia, while  the legal protection against cybersquatting of domain names remained ineffective compared to other Southeast Asian countries such as Sungapore. Singapore can be the best country for Indonesia to compare with, due to its already has a perfect legal system and law enforcement toward domain dispute cases. The litigation settlement of domain names in Indonesia emphasizes on the registration aspect to make the court proceeding procedure easier. Meanwhile, in the non-litigation process, Domain Name Dispute Settlement Secretariat (PPND) already set up a new regulation called PPND Policy to settle the domain dispute based on universal standard. In Singapore the settlement of cybersquatting both litigation and non litigation has adopted the universal standard as  stated in Uniform Domain Name Dispute Resolution Policy (UDPR) which empasizes on three elements of cybersquatting evidentiary process.
GOVERNMENT RESPONSIBILITY TO HIGHER EDUCATION FOR AFGHANISTAN REFUGEE IN INDONESIA Rizka Safna Amanda; M. Ya’kub Aiyub Kadir
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.v3i1.27220

Abstract

The article investigates Indonesian responsibility under international law to Afghanistan refugee on how far Indonesian government has provided educational rights to Afghanistan refugee, and how far the cooperation between Universities and UNHCR related to the implementation of the higher education of refugees in Indonesia. The data was gathered through library research and field investigation using a normative-empirical strategy. Literature research was conducted by studying books, public files on the official UNHCR website. Indonesia has not ratified the 1951 Convention and the 1967 Protocol relating to the status of refugees. However, Indonesia has ratified the Convention on the Rights of the Child (CRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which indicates that refugees are entitled to basic rights such as the right to education, which refers to basic education excluded higher education. It is suggested that the Indonesian government develop a sound legal products related to the right to education for refugees, ranging from basic education to higher education.
LEGAL PROTECTION FOR CRYPTO ASSETS INVESTMENT IN COMMODITY FUTURES TRADING IN INDONESIA Daeng Naufal Firjatullah; M. Putra Iqbal
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.v3i1.27223

Abstract

Cryptocurrency/Crypto assets has become increasingly popular when the trading industry was sluggish and chaotic due to the Covid-19 Pandemic. However, there is no adequate regulation by the Badan Pengawas Perdagangan Berjangka Komoditi (Indonesia Bappebti). This article investigates the legal protection of Crypto Assets and Crypto Asset Trading Business Actors, as well as to understand the existence of Crypto Assets as a commodity in Commodity Futures Trading in Indonesia. This study uses normative legal research with a conceptual and statutory approach. The study shows that the Indonesian government, through the Bappebti, has regulated the trading of the Physical Market of Crypto Assets on the Futures Exchange, but there are still inadequate legal protections such as the absence of a Futures Exchange, Futures Clearing House and Crypto Asset Storage Manager. Hence their would be lacked of legal certainty, risk management facilities, and fair competitive pricing. It is recommended to Bappebti to immediately establish a Crypto Futures Exchange, Clearing House and Crypto Asset Storage Manager, along with regulating the use of Expert Advisor and Initial Coin Offerings (ICO).
UNDERSTANDING THE CONVENTION ON SPECIES OF WILD FAUNA AND FLORA (CITES): A STUDY ON THE ILLEGAL WILDLIFE TRADE IN SUMATRA HELMETED HORNBILL Sri Elmanita S; Sophia Listriani
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.v3i1.26053

Abstract

This study analyzes the implementation of Convention on Species of Wild Fauna and Flora (CITES) in dealing with the Illegal Wildlife Trade (IWT) of the helmeted hornbill (Rhinoplax vigil) in Sumatra and the government's role in saving the species from extinction. This study was conducted based on a normative juridical method.  The result showed that Law No. 5 of 1990 and Government Regulation No. 7 of 1999 on safeguarding all hornbills, including the helmeted hornbill is a sound reference on this issue. The high levels of protected animal trade in the Sumatran bird market through social media, animal hunting in conservation zones is proven. The government also helps to conserve helmeted hornbill by participating in CITES COP 17 in Johannesburg South Africa, building national and international collaboration, and in-situ and ex-situ conservation. The government has faced other challenges, such as unclear legal regulations, a lack of human resources, and environmental damage.

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