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Journal of International Law
Published by Universitas Sumatera Utara
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 5 Documents
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Search results for , issue "Vol 2, No 3 (2014)" : 5 Documents clear
PERLINDUNGAN TERHADAP WARGA SIPIL SEBAGAI KORBAN PENYANDERAAN DALAM KONFLIK BERSENJATA DI FILIPINA MENURUT HUKUM HUMANITER INTERNASIONAL Anggie Sere Sitompul; Sulaiman Hamid; Chairul Bariah
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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Abstract

ABSTRACT Protection of civilians Moro as victims of hostage in an armed conflict in the Philippines into the spotlight sharper international law. Hostage-taking carried out by MNLF result as a form of rebellion against the Central Government of the Philippines over the Government's actions which only involves the MILF in the negotiations concerning the framework of the peace with the Moro Islamic Liberation Front, which was held in Malaysia in August 2013. The problems in this research are: how the act of a standoff against civilians in armed conflict viewed from humaniter international law, how a solution that can be taken in the act of a standoff civilians in the armed conflict, and how renewed efforts by the philippines in dealing with the act of a standoff civilians in the armed conflict in the government of Southern Philippines. This research is a juridical normative because the target of research is reviewing the rule of law that is related to the protection of civilians as a sacrifice captivity in armed conflict in the Philippines according to law humaniter international by using the library techniques. Data were analyzed qualitatively. Protection against civilians in armed conflict according to law humaniter international arranged in The Geneva Convention IV with Additional Protocol II and International Customs Law Humaniter.The conflict that took place in the Philippines at first due to the distinction between history and understand the Central Government of the Philippines with the separatist movements in the country, and the conflict has intensified because of the actions of the Philippines Government which judged less prudent in doing the negotiating efforts with the rebels. The legal consequences for the perpetrators of the hostage-taking of civilians in armed conflict under the law or international sanctions humaniter can be meted out to the perpetrators of the hostage-taking of civilians is given in accordance with the national law in force in each country. Keywords: Non-International Armed Conflicts, Hostage-Taking, The Moro, The Philippines, The Geneva Conventions, The Laws Of Humaniter.
ASPEK HUKUM KESELAMATAN PENERBANGAN PESAWAT UDARA (STUDI KASUS BANDARA INTERNASIONAL KUALA NAMU) Puspitasari Damanik; Arif Arif; Chairul Bariah
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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Abstract

STATUS KENEGARAAN (STATEHOOD) NEGARA – NEGARA KEPULAUAN BERDATARAN RENDAH (LOW-LYING ISLAND NATIONS) YANG SELURUH WILAYAHNYA TERENDAM AIR LAUT Paulina Tandiono; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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Abstract

ABSTRACT Throughout the development of the international community, never before has a country vanished physically. However, the drastic climate change over the last few decades is threatening the occurrence of such phenomenon. Climate change has led to increased temperature in the earth and causes ice and snow to melt rapidly. However, the most alarming consequence is the rise of sea levels around the world. Rising sea levels will bring a serious impact, particularly on small low-lying island nations whose average height is merely a few meters above the sea. In fact, the territories of the states may even be completely submerged under sea water. This situation raises complex questions under international law, namely whether such states could still maintain their statehood in the aftermath of a complete submergence, considering the fact that in its Article 1, Montevideo Convention on the Rights and Duties of States requires territory, among others, as a condition of statehood. The present thesis delves into an overview of statehood and its criteria based on international law as well as the statehood of low-lying island nations whose territories are entirely submerged under sea water. The method employed in writing this thesis is library research technique, which is conducted by collecting materials from books, journals, internet, international legal instruments and other scientific papers that are closely related to the intent and purposes of the preparation of this thesis. Article 1 of Montevideo Convention, as acknowledged by numerous scholars, has indeed served as a benchmark in assessing statehood. However, throughout its development, there have been numerous instances in which countries do not meet some of the requirements stipulated under Montevideo Convention yet they do not lose their statehood and continue to be recognized. As it turns out, given the importance of ​​statehood, the international community has preferred to embrace the Doctrine of Presumption of State Continuity, whereby states retain their statehood despite any major changes that occur therein. In addition, as the entire submergence of a state has never happened before, the sui generis situation or unique situation of the low-lying island nations should call for a unique response too.   Keywords: Statehood, State, Territory, Submergence
PENGATURAN PENERBANGAN SIPIL INTERNASIONAL MENURUT HUKUM INTERNASIONAL YANG MELINTASI ANTAR NEGARA Sudirman H. Nainggolan; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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Abstract

ABSTRACT SETTING THE INTERNATIONAL CIVIL AVIATION ACCORDING TO INTERNATIONAL LAW ACROSS THE INTER-STATE   Civil aviation organization of international and national should refer to the norms of international and national laws that apply, to ensure the safety of passengers, crew aircraft, aircraft or goods transported. Where the implementation of civil aviation are arranged in a variety of international conventions The problem in this study is How open sky policy as air law instruments. How will the international law on state sovereignty over its territory and space in the international civil aviation settings How international law that crosses between States. This type of research used in this study is a normative legal research. Normative legal research is a research method that refers to the legal norms contained in laws and court decisions. Open sky policy as air law instruments. Open Sky Policy is an Open Skies agreement which allows air freight to make decisions in air travel capacity, pricing, and fully make liberal in the conditions of flight activity. Open sky policy (OSP) can be bilateral or multilateral. Setting international law on state sovereignty over space in the region is Article 1 of the 1944 Chicago Convention on international civil aviation, which reads: The contracting states recognize that every state complete and exclusive sovereignty over the airspace above its territory (each State bound by the Convention guarantees existing sovereign air space above its territory fully and exclusively). The setting of international civil aviation under international law that crosses between the State is Article 2 of the 1944 Chicago Convention over again explained that for the purposes of the 1944 Chicago Convention is meant State border (state territory) Keywords: Setting the International Civil Aviation
PERLINDUNGAN HUKUM BAGI TENAGA KERJA INDONESIA DI HONG KONG Rizky Akbar Prabowo; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 3 (2014)
Publisher : Journal of USU International Law

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Abstract

Abstract Indonesian Labor or communly called by workers is one of the biggest source of foreign exchange in Indonesia. In Asia, Indonesia is one of the largest countries in terms of contributing labor to other countries. In the placement until the deportations, should be existence of a rule of law that protects rather than the interests of the workers either own or of the recipient country. Legal norms that can be a rule in this case the norms of labor law and international law. The method used in this paper is a research library, which is by collecting materials from books, journals, internet, print media, international legal instruments and the results of other scientific papers are closely related to the intent and purpose of the preparation of this paper.   Keywords :      Indonesian Labor, Labor law, International law

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