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KAJIAN HUKUM INTERNASIONAL TENTANG PERAN NORTH ATLANTIC TREATY ORGANIZATION (NATO) DALAM OPERASI PERDAMAIAN DI TIMUR TENGAH (STUDI KASUS: LIBYA) Evelyne Theresia; Ningrum Natasya; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRAK The peace process in the various Arab countries is still the world spotlight until now. Usually the conflict that often occurs between Arab countries is to end the leadership of an authoritarian state because it has served for decades, one of which is Libya (Muammar Gaddafi as head of state for 43 years). NATO as an international organization in the field of security played a role in the settlement of the conflict in Libya. The participation of NATO towards peace mediator Arab countries, it has many other important missions for the internal purposes of NATO. Israel (pro-Western) has always been the core issue of the state (pro-Arab) others. However, Gaddafi who issued an ultimatum to attack the U.S. and its allies to make Libya a target attack western countries (Article V of the NATO Treaty). NATO attacked Libya on grounds of violation of human rights in accordance with the UN Security Council. 1970 and 1973 Articles 39, 41 and 42 which further aggravate the situation. Article 33, which contains about 2 ways of resolving disputes should be taken by NATO. Libya is now having problems after the incident that Gaddafi elections, minimize violence and promoting human rights in order to build a democratic state and national unity.

STUDI TENTANG KERJA SAMA INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL) DENGAN POLRI DALAM MENANGKAP PELAKU KEJAHATAN YANG MELARIKAN DIRI KELUAR NEGERI Zuan Driza; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRACT This study entitled "Study on cooperation Internastional Criminal Police Organization (ICPO-INTERPOL) with the police in capturing criminals who escaped out of the country". The problem to be answered in this study is how the position of ICPO-INTERPOL in International Law and how its authority to cooperate with the POLRI, and then to understand why the return of escaped criminals out of the country often run into obstacles. The issue is expected to be answered by using the method of normative research which refers to the legal norms contained in legislation and court decisions and legal norms in society. The main data used are secondary data collected through the study of literature methods or documents. While the primary data collected from the Convention and legislation relating to the object of research. The data that has been obtained is qualitative data will be analyzed and the analysis of primary data and secondary data from a qualitative point of view of jurisprudence. Through the techniques of data collection and data analysis of this study is expected to achieve the desired goal, which is to determine the position of ICPO-INTERPOL in international law, ICPO-INTERPOL knowing authority in cooperation with the police and understand why the return of criminals fleeing abroad often experience barriers.

DAMPAK KEJAHATAN (TRAFFIKING) TERHADAP PEREMPUAN DAN ANAK DITINJAU DARI HUKUM INTERNASIONAL Rindang Rizki Fitri; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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Abstrak Trafficking is a labor export activities, the activities move someone from the neighborhood or relatives do keluarga.meskipun the permission of the concerned workers and families, trafficking is the trafficking in persons, especially women and anak2 with threats of violence and other forms of coercion, by way of deceptive , to deceive the victim of abuse of power, taking advantage of ignorance, innocence of the victim with the purpose of exploitation, especially exploitation of labor and sexual exploitation.law discriminated against trafficking in Indonesia in uu 39/1999 which stated in Article 297 of the Criminal Code, chapter 65 uu ham 39/1999, the international labor organization conventions and their implementation according to international labor organization convention 182.Keywords:Traffiking, Perdagangan, Tenaga Kerja , Perempuan dan Anak

PERLINDUNGAN HUKUM DAN TANGGUNG JAWAB TERHADAP PENUMPANG SIPIL PADA KECELAKAAN PESAWAT UDARA DALAM LINGKUP HUKUM INTERNASIONAL Febri Dermawan; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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Abstract The writing is on the backs by setting the legal protection and responsibilities of civil passenger aircraft accident within the scope of international law, the problem is how the civil aviation, legal protection of civilian passengers, airline liability for passenger aircraft accidents. It is necessary to set up an arrangement of the flight. But in reality the calamities that befall the flight is still occurring, then get out some of the Convention among other Warsawa Convention of 1929, Act No. 1 of 2009. Keywords : legal protection, responsibility, aircraft accident

PERAN KERJASAMA ANTARA INTERPOL INDONESIA DENGAN MALAYSIA DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Okky Wiratama; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRACT The trans-national criminal that passes the national border only can be caught by authorized law officer and one of them is Interpol. ICPO-Interpol as organization of Police in the world has a National Central Bureau (NCB) in each state as member. The existence of NCB or its representative in each state will enable the police performance in seek, and arrest the international fugitive. The method of this research is a descriptive analytic method and applies the normative law approach refer to the law norm, especially the international law norm and described into the general section to the specific section based on the primary law, secondary law material and tertiary law material. The data was collected by library study. In seek and arrest the transnational criminal needs a mutual cooperation between polices in any nations. The mutual cooperation between Indonesian Interpol and Malaysia in eradicate the transnational crime enforced in three agreements. First, the extradition contract between Republic of indonesia and Government of Malaysia that validated in Act No. 9 of 1974. Second, is a mutual agreement in criminal code or that known as Mutual Legal Assistance in Criminal Matters (MLA). Third, it is a Memorandum of Understanding between the Government of Republic of Indonesia and Malaysia about the narcotic. Although a mutual cooperation between Interpol of Indonesia and Malaysia had enforced in an agreement, but the agreement is not yet effective, because there are many weakness on the agreement. Therefore, an effective cooperation between both of nations is an informal cooperation through diplomatic relations. Keywords : Interpol, Mutual cooperation , Interpol of Indonesia

BENTUK PERTANGGUNGJAWABAN INDONESIA TERHADAP MALAYSIA DAN SINGAPURA DALAM MASALAH KABUT ASAP DI PROPINSI RIAU Suadela Liu; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Forest fires have become an international concern for environmental and economic issues. Smoke disruption due to forest fire in Indonesia has crossed the states lines. Meanwhile, the provisions of International law for the state responsibility issue has not been established. The principle of state responsibility exists from the international primary rules of obligation, balance between rights and obligations of states. Each country that holds a certain rights also supports a particular obligations as well. This obligations is another side of the rights that been granted by law. That in practice application of this principle still unable to restore the environmental to its original state. This special nature immediately suggests that there is another needs for few more forms of application of the international law principles to ensure that the law is capable as the first instrumen of the environmental protection. Key words : Forest fires, International Law, Indonesia

IMPLIKASI PENGGUNAAN TEKNOLOGI PESAWAT SILUMAN (STEALTH FIGHTER) DALAM KAITANNYA DENGAN KEDAULATAN SUATU NEGARA ATAS RUANG UDARA WILAYAHNYA DITINJAU MENURUT HUKUM INTERNASIONAL JOSUA P HUTABARAT
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRAK The development of technology and knowledge is one of the essential factor that gives a big impact to the development of international law. Just like the two edges blade, every development of each aspect have it: technology and knowledge or the international law it self have negative and positive impact. As we know the development of air law as one of the branch of international law study already gain enormous attention. Air law become one of the great development of international law, just like the law of sea. The existence of each states is beyond imagination before the air law was exist, with the presence of air law every states have a clear rights on airspace beyond theirs land it self. With the help of technology development, the control of air space is rely on radar technology (Radio Detection and Ranging). Radar system is using the electromagnetic pulse to detect, measure the distance and mapping the object such as aircraft position, land vehicle shape and the climate/weather changes information. As far as we can see radar technology is used as the detector to possibly illegal infiltrator aircraft to a state air space. But the development of technology aircraft give a born to a new technology, this new technology will be the antigen or opposing side of radar technology. This new technology is: Stealth Fighter system, Stealth fighter is one of the best development of military technology. Stealth fighter have ability to disappear from the detection of radar. Stealth fighter very ideal when it’s used to infiltrate an area of the state without noticeable. The presents of this technology give a threat to the air space jurisdiction of the state. In order to keep the existence of airlaw, must be there a regulation about stealth fighter it self.

IMPLIKASI PENGGUNAAN TEKNOLOGI PESAWAT SILUMAN (STEALTH FIGHTER) DALAM KAITANNYA DENGAN KEDAULATAN SUATU NEGARA ATAS RUANG UDARA WILAYAHNYA DITINJAU MENURUT HUKUM INTERNASIONAL Joshua P. Hutabarat; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRAK The development of technology and knowledge is one of the essential factor that gives a big impact to the development of international law. Just like the two edges blade, every development of each aspect have it: technology and knowledge or the international law it self have negative and positive impact. As we know the development of air law as one of the branch of international law study already gain enormous attention. Air law become one of the great development of international law, just like the law of sea. The existence of each states is beyond imagination before the air law was exist, with the presence of air law every states have a clear rights on airspace beyond theirs land it self. With the help of technology development, the control of air space is rely on radar technology (Radio Detection and Ranging). Radar system is using the electromagnetic pulse to detect, measure the distance and mapping the object such as aircraft position, land vehicle shape and the climate/weather changes information. As far as we can see radar technology is used as the detector to possibly illegal infiltrator aircraft to a state air space. But the development of technology aircraft give a born to a new technology, this new technology will be the antigen or opposing side of radar technology. This new technology is: Stealth Fighter system, Stealth fighter is one of the best development of military technology. Stealth fighter have ability to disappear from the detection of radar. Stealth fighter very ideal when it’s used to infiltrate an area of the state without noticeable. The presents of this technology give a threat to the air space jurisdiction of the state. In order to keep the existence of airlaw, must be there a regulation about stealth fighter it self.

PENYELESAIAN SENGKETA INTERNASIONAL MELALUI KEKUATAN BERSENJATA OLEH PERSERIKATAN BANGSA-BANGSA DALAM MENJAGA PERDAMAIAN DUNIA Melda Theresia Sihombing; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRAK International relations that happened among states are not always goes well. Disputes happen in this relations frequently.To solve this disputes, we can use of force. Use of force is not suggested, but it is not forbidden too. International disputes settlement by use of force can be devide became two kind, they are unilateral and collective. Unilateral method can be done by each state without getting permission from any party, but this method must be done in individual self-defence situation. Collective method must be done by the Resolution from Security Council of United Nation. The international disputes settlement, neither it is solve by the unilateral method or collective method, we can see the regulation in Chapter 51 United Nation Charter.

KEDUDUKAN PERJANJIAN EKONOMI ANTARA PEMERINTAH DAERAH DENGAN LEMBAGA INTERNASIONAL DITINJAU DARI HUKUM NASIONAL DAN INTERNASIONAL Ananda Jakaria; Jelly Leviza; Arif Arif
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRAKSI The need for relationships between members of a community with other members of society with the growing technological advances in the field of transport, communication and information. In this regard, the government has enacted the Law number 37 of 1999 on Foreign Relations and the Law Number 24 Year 2000 on the International Covenant which is the result of the ratification of the Vienna Convention of 1969 and 1986. The second law provides a strong legal foundation for the organizers of foreign relations, foreign economic cooperation of local governments.Keywords : International Agreements, Local Governments, International Organizations

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