Student Journal of International Law
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.
Articles
61 Documents
<![CDATA[APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA ]]>
<![CDATA[Fikri Farokhi. Skd]]>;
<![CDATA[Sanusi Sanusi]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21739
<![CDATA[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.]]>
<![CDATA[COMPENSATION AND ABSOLUTE LIABILITY PRINCIPLE ON THE CASE OF AIR ASIA QZ 8501 AIRPLANE ACCIDENT 2014 ]]>
<![CDATA[Nurul Alifah Jovita]]>;
<![CDATA[Rosmawati Rosmawati]]>
<![CDATA[ Student Journal of International Law Vol 1, No 2: December 2021 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v1i2.19278
<![CDATA[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.]]>
<![CDATA[SETTLEMENT OF DISPUTES OVER DOMAIN NAMES OWNERSHIP AND CYBERSQUATTING IN INDONESIA AND SINGAPORE ]]>
<![CDATA[Nur Hakiki]]>;
<![CDATA[Sanusi Sanusi]]>
<![CDATA[ Student Journal of International Law Vol 3, No 1: August 2023 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v3i1.24872
<![CDATA[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.]]>
<![CDATA[FOREIGN CAPITAL INVESTMENT IN UPSTREAM OIL AND GAS: A CASE STUDY OF PASE WORKING AREA, ACEH PROVINCE, INDONESIA ]]>
<![CDATA[Nurdin Nurdin]]>;
<![CDATA[Amira Amira]]>
<![CDATA[ Student Journal of International Law Vol 1, No 1: August 2021 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v1i1.18075
<![CDATA[This paper explores the management of the Pase Upstream Working Area of oil and gas (MIGAS) by Triangle Pase Inc as a Foreign Direct Investment, which is not according to the Revenue Sharing Agreement signed by the parties and regulations Indonesia. The main obstacle in the implementation of Foreign Direct Investment in the Upstream MIGAS sector in Pase Working Area is the failure to establish the APGE as a Joint Venture Company that operated as a subsidiary company required by the Investment Law and Regulation of the Minister of Trade 08/2017. It has a severe impact on the Aceh government's income from the cooperation management of the Upstream MIGAS sector in the Pase Working Area. The Arbitration Award that BANI has granted, which rejected The PDPA lawsuit, has reduced and even eliminated the privilege of the Aceh Government in managing the Upstream MIGAS sector in the Pase Working Area as stipulated by Law Number 11 of 2006 and Aceh's MIGAS Government Regulation. As a solution, the BPMA has ordered Triangle Pase Inc. to revise the legality of APGE to comply with the prevailing laws and regulations in Indonesia. Therefore, the BPMA, as the regulator, and The PDPA as the parties in the Upstream MIGAS management in the Pase Working Area and Commission III of the Aceh's House of Representative to immediately summon Triangle Pase Inc. to resolve the dispute between The PDPA and Triangle Pase Inc. The PDPA, as the losing party in the award granted by BANI, needs to take immediate legal steps to prevent the execution of the BANI's Arbitration AwardKeywords: BPMA; Pase Upstream Working Area; MIGAS; Aceh Province]]>
<![CDATA[PROTECTION OF FOREIGN DIRECT INVESTMENT IN RELATION TO THE APPLICATION OF FAIR AND EQUITABLE TREATMENT PRINCIPLE IN INDONESIA ]]>
<![CDATA[Taskia Az-Zahra, Syarifah]]>;
<![CDATA[Yahya, Azhari]]>
<![CDATA[ Student Journal of International Law Vol 2, No 2: December 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i2.23671
<![CDATA[This paper aims to find out the arrangements regarding the protection of foreign direct investment and the consistency between the arrangements contained in the rules against the fair and equitable treatment principle in Indonesia. This study used normative legal research, and found that the regulatory policy regarding the protection of foreign direct investment in Indonesia as stated in article 6 of law number 25 of 2007 concerning investment is not in accordance to fair and equitable treatment principle. The Indonesian government must pour out matters related to transparency and the absence of overlapping rules so as to create better protection by providing clear legal certainty to investors.]]>
<![CDATA[FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) ]]>
<![CDATA[Richard Al Khalik]]>;
<![CDATA[Nellyana Roesa]]>
<![CDATA[ Student Journal of International Law Vol 2, No 1: August 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i1.21731
<![CDATA[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.]]>
<![CDATA[REGULATION AND APPLICATION OF FAIR USE DOCTRINE ON THE YOUTUBE PLATFORM: A COMPARATIVE STUDY OF INDONESIAN AND UNITED STATES LAWS ]]>
<![CDATA[Nurhijriati, Nurhijriati]]>;
<![CDATA[Kurniasari, Eka]]>
<![CDATA[ Student Journal of International Law Vol 3, No 2: December 2023 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v3i2.27667
<![CDATA[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.]]>
<![CDATA[MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS ]]>
<![CDATA[Badratun Nafis]]>;
<![CDATA[Sanusi Bintang]]>
<![CDATA[ Student Journal of International Law Vol 1, No 2: December 2021 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v1i2.19274
<![CDATA[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. ]]>
<![CDATA[GOVERNMENT RESPONSIBILITY TO HIGHER EDUCATION FOR AFGHANISTAN REFUGEE IN INDONESIA ]]>
<![CDATA[Rizka Safna Amanda]]>;
<![CDATA[M. Ya’kub Aiyub Kadir]]>
<![CDATA[ Student Journal of International Law Vol 3, No 1: August 2023 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v3i1.27220
<![CDATA[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.]]>
<![CDATA[GOOD FAITH PRINCIPLE UNDER ARTICLE 7 OF CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (CISG) IN BONAVENTURE V. PAN AFRICAN EXPORT CASE ]]>
<![CDATA[Nindhy Utami, Lucya Agustine]]>;
<![CDATA[Farsia, Lena]]>
<![CDATA[ Student Journal of International Law Vol 2, No 2: December 2022 ]]>
Publisher : <![CDATA[Universitas Syiah Kuala ]]>
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DOI: 10.24815/sjil.v2i2.23667
<![CDATA[This paper aims to discover the effectiveness of the good faith principle when it is related to cases, in particular Bonaventure V. Pan African Export Case. Additionally this paper assess to whether each country have a similar comprehension of the importance and execution of the good faith principle in article 7 of CISG as a source in contract or agreement between parties. This paper utilised normative legal research which focusing to explore legal norm of the issue. The outcomes showed that good faith principle has been understood differently in different country. The implementation of the agreement that has been agreed upon by both parties can also change due to factors within the country that cannot be equated even though they have followed the good faith principle.]]>
