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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 4, No 1: August 2024" : 7 Documents clear
THE ROLE OF INTERNATIONAL AGENCIES IN MANAGING ROHINGYA REFUGEES IN ACEH PROVINCE, INDONESIA: TOWARDS FUTURE SOLUTIONS Kadir, M. Yakub Aiyub; Kesuma, T. Meldi; Siregar, M. Ridha; Halim, Hendra; Siregar, Muhammad Rizqi; Humaira, Radhia; Nisva, Raisa Ullya; Saddaq, Mizan
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31614

Abstract

This study explores the management of Rohingya refugees in Aceh, focusing on the roles and responsibilities of key stakeholders with reference to United Nations High Commissiners for Refugees (UNHCR) and International Organsiasiton of Migration (IOM). Through social legal and emperical methods, including interviews and field observations, the article identifies challenges and potential solutions related to refugee management. The findings highlight the crucial role of UNHCR in providing protection and essential aid to Rohingya refugees, encompassing registration, documentation, and basic necessities. Simultaneously, IOM plays a pivotal role in facilitating orderly migration and advocating for human rights. The study also sheds light on a shift in local attitudes towards refugees, influenced by media misinformation and political motivations. Both organizations collaborate with the Indonesian government and local NGOs to address these issues, emphasizing the need for more comprehensive and long-term strategies. Recommendations include enhancing communication strategies, improving integration programs, and tackling the root causes of displacement. The study underscores the importance of a coordinated approach to support and safeguard Rohingya refugees.
REGULATION OF CHEMICAL WEAPONS IN SELF-DEFENSE UNDER ARTICLE 51 OF THE UNITED NATIONS CHARTER Faradilla, Rizka; Adwani, Adwani
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.20676

Abstract

This study examines the regulation and use of chemical weapons in the context of state self-defense, exploring why certain countries resort to chemical weapons to defend against attacks. Conducted as normative legal research, the findings reveal that Article 51 of the United Nations Charter, which addresses self-defense, does not explicitly outline permissible weapons for this purpose. Consequently, many countries continue to utilize chemical weapons, despite their prohibition in warfare. The United Nations should consider amending the Charter, particularly Article 51, to include clearer guidelines on anticipatory self-defense actions. This would help prevent nations from justifying armed attacks for self-serving interests that ultimately harm others.
IMPLEMENTATION OF THE 1973 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) FOR THE PROTECTION OF ENDANGERED PANGOLIN SPECIES IN INDONESIA Habiel, Muhammad; Fikri, Fikri
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31549

Abstract

Indonesia is one of the most biodiverse countries in the world and is home to the rare pangolin (Manis javanica). Pangolins are protected under Appendix I of CITES and Law No. 5 of 1990 on the Conservation of Natural Resources and Ecosystems, following Indonesia's ratification of the CITES convention in 1978. However, illegal pangolin trade persists despite these protections. The purpose of this thesis is to analyze how CITES, in collaboration with Indonesia, contributes to preventing and controlling illegal pangolin trade, as well as safeguarding pangolin species under Law No. 5 of 1990. This research employs normative legal methods, including library research to gather and classify information from various sources. It also uses a case approach for an in-depth examination of related legal issues and a statutory approach to analyze the current legislation. The findings indicate that despite Indonesia's 46-year participation in the international CITES convention and the establishment of Law No. 5 of 1990, illegal pangolin trade continues. The criminal provisions of Article 40 of Law No. 5 of 1990 have proven ineffective in deterring environmental crime.
PATENT PROTECTION FOR ARTIFICIAL INTELLIGENCE: A COMPARATIVE STUDY OF INDONESIA AND THE UNITED STATES Rahmatillah, Raihan; Sanusi, Sanusi
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31473

Abstract

This study examines the patent protection of artificial intelligence (AI) under the laws of Indonesia and the United States, with a particular focus on the legal ambiguities surrounding the patentability of computer programs. The Indonesian Patent Act excludes mere computer programs from patent eligibility, but its explanatory notes suggest exceptions that create legal uncertainty. Similarly, the US Patent Act lacks explicit provisions addressing computer programs, leading to uncertainty regarding AI patent protection. Employing a normative legal research methodology and a comparative approach, this study assesses the adequacy of patent laws in both countries. Data is gathered through library research, official sources, and limited interviews. The findings indicate that while AI inventions receive some level of partial protection in both jurisdictions, the US system benefits from more established precedents and clearer standards. The study concludes with recommendations for Indonesia to enhance its patent framework by drawing lessons from the US approach. It emphasizes the need for clear, adaptable, and uniform patent regulations to promote AI innovation. Proposed reforms should include explicit provisions for recognizing computer programs and AI algorithms as patentable inventions, thereby ensuring legal certainty and fostering educational initiatives on AI patent protection.
EVALUATING THE IMPACT OF THE 2015 PARIS AGREEMENT ON CARBON EMISSION REDUCTIONS: A CASE STUDY OF PT. SOLUSI BANGUN ANDALAS Hasz, Muhammad Ofans; Roesa, Nellyana
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.22119

Abstract

This article examines the critical role of corporate social responsibility (CSR) in mitigating carbon emissions within the framework of international law, with a focused case study on PT. Solusi Bangun Andalas (SBA). The research aims to identify the carbon emission reduction initiatives undertaken by SBA as part of its CSR commitments. To achieve this, the study employs a mixed-methods approach, incorporating primary data collected through field research, including interviews with key stakeholders and direct observations, alongside an extensive review of legal literature, regulations, and theoretical frameworks as secondary sources. The findings highlight that the Paris Agreement serves as a pivotal instrument for global climate action, offering a structured approach to addressing climate change by establishing a steadfast goal of limiting global temperature rise to well below 2 degrees Celsius. This international accord not only sets the stage for coordinated efforts to curb carbon emissions but also underscores the responsibility of corporations like SBA in contributing to these global objectives. The implementation of effective carbon reduction strategies aligns with Indonesia's commitment to enhancing its environmental sustainability and fulfilling its international obligations. Ultimately, this study contributes to the broader discourse on the significance of corporate responsibility in fostering environmental stewardship and emphasizes the imperative for businesses to adopt sustainable practices in their operations, ensuring that economic growth does not come at the expense of the planet's health
NON-INTERVENTION PRINCIPLE, HUMAN RIGHTS VIOLATIONS AGAINST ETHNIC ROHINGYA, AND INDONESIA'S ROLE IN THE UN HUMAN RIGHTS COUNCIL Maghfirah, Alya; Tinianus, Enzus
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31393

Abstract

Article 2, Paragraph 2(e) of the ASEAN Charter stipulates the principle of non-interference in the internal affairs of ASEAN Member States, which serves as the foundation for the non-intervention policy within the organization. Unfortunately, this principle has had a detrimental effect on ASEANs ability to address human rights violations against the Rohingya ethnic minority in Myanmar. The goal of this thesis is to evaluate the applicability of the non-intervention principle within ASEAN and to analyze Indonesia's role as a member of the UN Human Rights Council in addressing these human rights violations. This research employs a normative juridical method with qualitative analysis. The findings indicate that the current strict adherence to the non-intervention principle within ASEAN needs to be reformed, as it obstructs potential solutions to the human rights issues faced by the Rohingya. On the other hand, Indonesia, serving as a member of the UN Human Rights Council, has made significant diplomatic efforts to address the situation, including establishing refugee camps for ethnic Rohingya within its territory.
The Legal Relationship Between Holding Company and Subsidiary Company in Foreign Direct Investment in Aceh Upstream Oil and Gas Sector Pramana, Andika Reza; MH, Nurdin
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31398

Abstract

During 1970-1990, Indonesia emerged as one of the world's largest producers of oil and natural gas. Its management required direct foreign investment due to the need for capital, technology, and skilled human resources. Foreign direct investment activities in Indonesia typically involved the establishment of subsidiaries by foreign and Indonesian companies, necessitating legal regulation governing the relationship between subsidiaries and their holding companies. This study aims to analyze the legal correlation between subsidiaries and holding companies in foreign direct investment, the authority and intervention of holding companies in subsidiaries, and the barriers faced by foreign investment in the upstream oil and gas sector in Aceh. Normative juridical analysis was employed throughout the study period, involving analysis of various books, journals, research papers, and relevant legislative regulations. Consistent with the findings, the legal relationship between subsidiaries and holding companies in direct foreign investment in the upstream oil and gas sector in Aceh is not extensively detailed in Law Number 40 of 2007 concerning Limited Liability Companies. Instead, it is determined by the articles of association and cooperation contracts. As majority shareholders, holding companies have the ability to influence decisions concerning the financial, strategic, business, and operational aspects of subsidiaries. However, foreign investments in this sector encounter challenges related to environmental concerns and the complexity of regulations and administration.

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