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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 61 Documents
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IMPLEMENTATION OF DISTINCTION PRINCIPLE CONCERNING THE USE OF ARMED DRONES BY UNITED STATES OF AMERICA Rauzatul Jannah; Sophia Listriani
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19279

Abstract

This study analyzes the legal problem regarding implementing the distinction principle related to drones as military weapons by the United States of America (USA) based on international humanitarian law. The method used in this research is normative legal research. The results show that implementing the distinction principle when the United States of America uses drones as military weapons is not correctly implemented, as international humanitarian law requires. It can be seen from the number of civilian casualties who fell during drone attacks and the destruction of civilian objects. So the USA has been violated the distinction principle of international humanitarian law, so legal liability must be pursued under the international justice system. Also, other states have to follow the principle when using to conform to international requirements, commit to solid criteria for disclosure, monitoring, and accountability, and release regular updates on drone strikes and casualties. Keywords: Distinction principle; International Humanitarian Law; Drones as military Weapon; United States of America
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.
LEGAL CERTAINTY OF LAND TITLE IN FACILITATING FOREIGN DIRECT INVESTMENT IN ACEH PROVINCE, INDONESIA Dina Luqyana; Azhari Yahya
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i1.18076

Abstract

Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Rights to Use for investment. Article 22(a) stipulated that land Rights to Use (HGB) can be granted up to 95 years for land cultivation rights, up to 160 years for building use rights, and up to 140 years for land Rights to Use. However, land Rights to Use regulated in Qanun Number 14 Year 2017 on Aceh's Assets Management is only five years subject to certain conditions and requirements for extension. It is clear that there two legislations available in Aceh in terms of facilitating land license for investment. Therefore, a research question raised is which law is applied by the Government of Aceh to speed the process of land license for the investor? This study uses normative legal research by relying on primary and secondary legal resources. Primary legal resources were collected by analyzing related legislations, while secondary legal resources were obtained by reviewing associated literature. The result shows that in facilitating land license for investors in Aceh, the Government of Aceh applies Qanun Number 14 Year 2017 on Aceh's Assets Management instead of Law Number 25 Year 2007 on Capital Investment. This Qanun stipulated that land license for investors is given for five years with specific requirements for extension. This short period for a land license causes legal uncertainty for investors and decreases their motivation to invest in Aceh Province. It is suggested that this Qanun should be amended to be in line with national legislation, namely law Number 25 Year 2007 that provides a longer period of land license for investors. Keywords: Legal certainty; Land license; Foreign Direct Investment. 
COPYRIGHT PROTECTION OF SONG AND MUSIC USED COMMERCIALLY BY CAFE REGARDING ROYALTY PAYMENT (A Comparative Study of Indonesian and Singaporean Laws) Qathrunnada Qathrunnada; Sanusi Sanusi
Student Journal of International Law Vol 2, No 2: December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23672

Abstract

This paper is a comparative study that analyzes policies regarding the payment of song royalties in Indonesia and Singapore through the Indonesian Copyright Law 2014 and the Singapore Copyright Law 2021. The paper used normative legal research that focuses on written legal norms, with main data from international laws, Indonesian and Singaporean laws, and other related government regulations. The results show that there are various regulatory similarities between Indonesia and Singapore regarding copyright because the two countries ratified the same international conventions, but of course there are differences. Lessons that can be learned from Singapore in terms of managing song royalties is managed by one Collective Management Organization (CMO) and assisted by digital technology system called Soundsys in collecting and distributing royalties.
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.
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.
RIGHT TO EDUCATION OF CHILDREN IN CONFLICT WITH THE LAW AT LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) CLASS II JAKARTA, INDONESIA Farah Fadhilah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19275

Abstract

The  protection of the right to education for Children in Conflict with the Law in Indonesia in relation to  International Human Rights Law is quesionable. This paper explores the fulfillment of the right to education in LPKA Jakarta towards Children in Conflict with the Law from January 2018 to March 2020. This shows that the education rights for minor offenders are in line with International Human Rights Law; however, minor offenders at LPKA Jakarta have not been able to receive Formal as well Non-Formal Education. The Indonesian legislator needs to revise the National Education System to accommodate a provision regarding the formal education for children in minor offenders; and full supports to fulfill the right to education at the LPKA Jakarta is required. Keywords: Right to Education, Children in Conflict with the Law, LPKA Jakarta.
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).
DOCUMENTATION BARRIERS FOR REFUGEES DURING THE COVID-19 PANDEMIC IN INDONESIA: A STUDY IN THE CITY OF LHOKSEUMAWE Muhammad Fajri; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 2, No 2: December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23668

Abstract

This paper assess  the documentation barriers for handling refugees during Covid-19, including vaccination  with reference to refugees in City of Lhokseumawe, Aceh Province, Indonesia. Equally,  the roles of UNHCR, the government, and the health office also be taken into account. The results showed that the role of UNHCR, the government, and the health service in handling refugees has not  optimally run because the shelter provided was not adequate, while  conducting PCR tests, distributing masks and hand sanitizer, and even vaccinating refugees is limited. The national rules related to the vaccination of Rohingya refugees are contained in Article 27 of the 2016 Presidential Regulation on Handling Refugees from Abroad. However, there are barriers and challenges for vaccinating refugees such as the documentation barriers and  the shotage of logistics. There are suggestions to add adequate shelters, provide masks and hand sanitizer, and carry out PCR tests in every activity carried out by refugees under the public health principle. So it should be there is no documentation barriers when public health is demonstrating
PROTECTION OF CHILD REFUGEES UNDER INTERNATIONAL LAW Sri Muliana Azhari; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i2.19280

Abstract

International law has a vital role in securing more excellent protection for refugee children. There are 82.4 million people fleeing war, violence, persecution, and human rights violations in 2020 globally, 42% of refugees are children under the age of 18. Therefore this study raised the question of what international conventions govern child refugees. This research uses normative research.The results found that the 1951 refugee convention and the 1967 protocol are international arrangements regulating refugee children. Simultaneously, the Convention on the right of Children (CRC) also offers more detailed and comprehensive legal guidelines on child care, including refugee children. Those two conventions have contributed to firm legal protection for child refugees, but there is also a weakness when a country only ratifies one of them. Thus, for legal certainty, a new legal instrument in the form of a convention on the rights of child refugees is needed to fulfill the rights of child refugees properly. Keywords: International protection, International refugee law, Child refugee. 

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