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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 61 Documents
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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.
PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA Fianka Aiza; Lena Farsia
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.v1i1.18077

Abstract

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.
FORCIBLE DIVERSION OF CIVIL AIRCRAFT UNDER INTERNATIONAL LAW (CASE STUDY OF RYANAIR FLIGHT 4978 IN BELARUS) Azahra Nafilah Faradita; Rosmawati Rosmawati
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.v2i2.23673

Abstract

Every state has complete and exclusive sovereignty over the airspace above its territory under Article 1 of the 1944 Chicago Convention, Belarus carried out a forcible diversion of Ryanair Flight 4978 for the purpose of arresting a journalist and a pro-opposition activist from that country under this Article. However, forcible diversion of aircraft is also a form of hijacking and is contrary to Article 11 paragraph (1) of the 1963 Tokyo Convention and Article 1 of the 1970 Hague Convention. As a result, the international community has various reactions and opinions in an attempt to categorize the Belarusian act. This paper examines the international legal instruments related to the forcible diversion of civil aircraft as part of hijacking, the responsibility of the Belarusian Government, and legal settlement regarding the actions committed by Belarus. This paper found, Belarusian government actions are not categorized within the scope of the definition of hijacking regulated in the 1963 Tokyo Convention, the 1970 Hague Convention, and UNCLOS 1982.
JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION Nora Afriyani; Lena Farsia
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.v2i1.21736

Abstract

This article  examines the jurisdictional of ICSID Arbitration and the dispute resolution mechanism of Churchill Mining plc and Planet Mining pty ltd against Indonesia at ICSID. This research is in the form of normative legal research conducted by collecting legal materials. Legal materials are collected using the literature study method by collecting legal materials and information in primary, secondary, and tertiary legal materials. According to Article 25 of ICSID Convention, dispute arising directly from an Investment, absolute requirement of jurisdiction is the existence of a legal dispute. The general secretariat serves as a screening and checks whether the request for arbitration is outside the center's jurisdiction because it is not related to investment. ICSID should no longer need to carry its competency test for too long because both parties have made a contract in determining the choice of forum at ICSID.
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.
THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES Munira Rezkina; Sanusi Bintang
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.v1i2.19276

Abstract

This article investigates the reason that is likely to cause inaccurate interpretation by an Indonesian Court and the application of the 'strict liability' principle in Aceh forest fire cases. Mainly, this article discovers the cause of inaccurate interpretation of strict liability is an insufficient legal instrument and the lackness of law enforcement while applying the strict liability principle. It is proposed to amend the law and regulations that are inconsistent with one another to ensure the principle's application and outlines a comprehensive procedure for imposing strict liability on the plaintiff, defendant, and judge. Keywords: Strict liability principle; Strict liability; Forest fire; Aceh forest fire cases; Environmental law. 
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.
THE OBLIGATION OF PARIS AGREEMENT 2015 IN REDUCING CARBON EMISSIONS (A CASE STUDY IN PT. SOLUSI BANGUN ANDALAS) M. Ofans Hasz; Nellyana Roesa
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.v2i2.23669

Abstract

This paper aims to find out the roles of corporate responsibility in reducing carbon emissions under international law, and to find out the carbon emission reduction programs carried out by PT. Solusi Bangun Andalas (SBA) as a form of corporate responsibility. This paper uses primary data obtained in field  in the form of interviews with respondents and informants, observations, and combines legal materials such as textbooks, theories, laws and regulations which become secondary data. The results found that the Paris Agreement is one of the most likely solutions in the future in terms of order to deal with the impact of climate change, especially in terms of reducing carbon emissions due to the firmness of including to hold global temperatures below 2 degrees Celsius, and also to overcome the increase in carbon emissions.
CHEMICAL WEAPON USAGE RELATED TO SELF-DEFENSE ARRANGEMENT IN ARTICLE 51 OF THE UNITED NATIONS CHARTER Rizka Faradilla; Adwani Adwani
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.v2i1.21729

Abstract

Abstract- This paper aims to find out the regulation and the use of chemical weapons as a state’s self-defense and to explain why some countries use chemical weapons to defend themselves from attacks by other countries. This study was conducted based on normative legal method. It was found that Article 51 of the United Nations Charter, which regulates self-defense, does not specifically explain the use of permissible weapons in self-defense, so in practice, there are still many countries that use chemical weapons despite their use being forbidden in war (humanitarian law). The United Nations should amend to the contents of the United Nations Charter, especially in Article 51 on Self-defense, in order to add more detailed rules regarding anticipatory actions for self-defense so that no country admits to carrying out armed attacks with the aim of self-defense for their respective interests and harming many parties. 
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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