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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 2: December 2023" : 7 Documents clear
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
REGULATION AND APPLICATION OF FAIR USE DOCTRINE ON THE YOUTUBE PLATFORM: A COMPARATIVE STUDY OF INDONESIAN AND UNITED STATES LAWS Nurhijriati Nurhijriati; Eka Kurniasari
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.v3i2.27667

Abstract

YouTube has implemented a fair use policy that allows YouTubers to reuse copyrighted material under certain categories and limitations without obtaining permission from the copyright owner. This policy aligns with the US Copyright Law of 1976, which provides clear parameters for fair use. However, Indonesia's copyright law takes a different approach to regulating videos uploaded to the YouTube platform and the fair use of copyrighted material, with less explicit restrictive parameters outlined in Articles 43 and 44 of Law No.28 of 2014. This research employs a normative legal method, utilizing library research and a comparative approach. The findings indicate that both countries adhere to the same international conventions and recognize fair use categories such as education, criticism, and knowledge in videos uploaded to the YouTube platform. Indonesia can learn from the United States' regulations, particularly the clearly defined parameters of limitation outlined in the US Copyright Act of 1976.
CRIMINAL JUVENILE LIABILITIES UNDER INDONESIAN LAWS AND THE 1989 UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD: AN ANALYSIS Dwi Khairunnisa; Mahfud Mahfud
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.v3i2.28079

Abstract

This study evaluates the alignment between criminal responsibilities imposed on juvenile offenders in Indonesia and the United Nations Convention on the Rights of the Child (UNCRC). Specifically, it focuses on the Indonesian Law Number 11 of 2012 on Juvenile Criminal Justice System, which was enacted in accordance with the UNCRC. Through the use of normative methods, this study reveals that there are existing challenges hindering the effective implementation of the UNCRC provisions. Notably, the issue of long-term juvenile detention arises as a significant concern, as it restricts the autonomy and freedom of these individuals. The UNCRC emphasizes that custody should only be utilized as a last resort for young offenders. Therefore, it is crucial for the Indonesian justice system to establish more efficient and effective laws that discourage the imprisonment of juvenile criminals, thereby upholding the principles enshrined in the UNCRC.
THE APPLICATION OF CROSS-BORDER INSOLVENCY BANKRUPTCY IN THE EXECUTION OF DEBTOR'S ASSETS IN INDONESIA: A COMPREHENSIVE ANALYSIS Ani Sairufah; Azhari Yahya
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.v3i2.26943

Abstract

Cross-border insolvency is regulated by Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK-PKPU) in Indonesia. This law applies to situations where foreign parties are involved and the case extends beyond national and regional borders. The focus of this article is to examine the treatment of assets located abroad. Indonesia follows the territoriality principle, which means that the debtor's assets in foreign jurisdictions cannot be transferred to other countries unless bankruptcy decisions made by those countries are recognized. This study adopts a normative juridical research method to gather relevant materials such as concepts, theories, laws, and regulations pertaining to the subject matter. Due to the varying rules in each jurisdiction, it is challenging to determine the status of assets located in foreign countries. The key issue lies in whether domestic bankruptcy decisions are acknowledged and enforced in other jurisdictions, and vice versa. In conclusion, Indonesia should consider revising its cross-border bankruptcy laws and entering into international agreements or conventions to address these challenges effectively.
IMPLEMENTATION OF THE RIGHT TO EDUCATION FOR CHILDREN WITH DISABILITIES IN BANDA ACEH, ACEH PROVINCE, INDONESIA Farissa Farissa; 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.v3i2.27834

Abstract

This article examines the extent to which the Aceh government fulfils the right to education for children with disabilities and the challenges encountered in ensuring their access to education. The research methodology employed includes normative empirical approaches, incorporating both library and field research. The findings reveal that the government of Banda Aceh has demonstrated significant support for disabled children through the establishment of special schools, the implementation of regulations, provision of teacher training, allocation of education funds, and availability of autism therapy facilities. However, these schools remain insufficient in meeting the needs of disabled children. Additionally, in order to promote inclusivity, the Banda Aceh government should prioritize disability needs by focusing on equitable access to education, implementing anti-discrimination measures, enhancing educator training, increasing funding, and raising community awareness. Effective enforcement of regulations and extensive educational outreach emphasizing the importance of education for disabled children are crucial factors in this regard.
THE INTERNATIONAL CRIMINAL COURT'S (ICC) JURISDICTION OVER ISRAEL'S BLOCKADE ON THE GAZA STRIP: EXAMINING THE CRIME OF AGGRESSION Dara Raihatul Jannah; Mahfud Mahfud
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.v3i2.29557

Abstract

This paper thoroughly examines the crime of aggression in the form of the blockade of the Gaza Strip imposed by Israel and the jurisdiction of the International Criminal Court (ICC) over this matter, despite Israel not being a state party to the Rome Statute. The research conducted is based on normative judicial research, utilizing primary and secondary legal resources. The findings of this research highlight the significant impact of the blockade on the Gaza Strip and Israel's violation of Article 8 bis of the Rome Statute, which specifically pertains to the crime of aggression. Israel's actions can be unequivocally categorized as a crime of aggression, as they fulfill the elements outlined in the article defining this crime. It is important to note that the ICC retains jurisdiction over the crime of aggression, even in cases involving non-member states like Israel, through UN Security Council referrals. In light of this, it is imperative for the ICC to take proactive action and prosecute Israel for this crime, serving as the last resort for global justice seekers.
PROTECTION FOR REGISTERED TRADEMARK UNDER INDONESIAN LAW AND THE WTO AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) Diah Damba Nabila; Sanusi Sanusi
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.v3i2.24121

Abstract

This study examines the legal protections available to registered trademarks, specifically focusing on trademark violations with reference to the Warkop DKI and Warkopi cases. The normative method is employed to explore the normative issues surrounding registered trademarks. The findings indicate that the legal protection of trademarks in Indonesia follows a repressive approach that aligns with the provisions of the TRIPS Agreement. In Indonesia, trademarks receive protection after being registered under the Indonesian Trademark Law of 2016. The trademark disputes between Warkop DKI and Warkopi exemplify instances of registered trademark infringement, along with other similar cases that serve as comparative legal references. The provisions of the law and the TRIPS Agreement do not condone violations of registered trademarks. Therefore, through the repressive protection framework adopted by Indonesia, Warkop DKI can pursue legal action to address trademark issues. It is crucial to establish clarity in differentiating trademarks and improve practices to prevent similarities among registered trademarks. This responsibility lies with the relevant trademark agencies, which should evaluate and respond to trademark disputes. In any trademark dispute, the involved parties must be able to comprehend and articulate the nature of the dispute that has arisen.

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