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KEBIJAKAN DONALD TRUMP MELARANG MASUKNYA PENGUNGSI KE AMERIKA SERIKAT DITINJAU DARI KONVENSI 1951 DAN PROTOKOL 1967 TENTANG STATUS PENGUNGSI Budyanto Budyanto; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTNowadays, the problem of refugees is a problem in our international world. The prolonged conflict in the refugee country's home has triggered a massive refugee camp. The United States under the Donald Trump government issue an executive order prohibit entry of Immigrants from 7 Muslim Majority Countries and all Refugees from any country which became a controversial policy. As the question in this paper is how the law of International Law for the refugees, how the sovereignty of a state with the binding force of International Law and the views of the 1951 Convention and 1967 Protocol against Donald Trump policy. The research used is normative juridical with descriptive nature. The data used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Methods of data data using literature study. Data analysis is done qualitatively. Refugees have existed long in human civilization. Refugees are groups of vulnerable people that threatened by violence and ill-treatment by both their home country and receiving country. The regulatory arrangements for internally displaced persons are an international custom that has existed within the time of the 1951 Convention and 1967 Protocol on Refugee Status. The Sovereignty of the State and International Law are seen opposed from one another, because there is no higher power than a country. That is why, it is difficult for International Law to actually eradicate a country. The United States was a party to the 1967 Protocol, but Donald Trump issued an Executive order that prohibiting Refugees entering the United States. What Donald Trump does is unethical in international customs. America is a party to the 1967 Protocol which has agreed to under the Protocol. Should as a country ratify the Protocol, the United States obey directly on the provisions of the Conventions and this Protocol. Keywords: Refugee Protection, Refugees, 1951 Convention and 1967 Protocol, Human Rights

PERDAGANGAN ANAK (CHILD TRAFFICKING) LINTAS NEGARA DALAM KAJIAN HUKUM INTERNASIONAL Zaenab Farhana; Chairul Bariah; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTChild trafficking has long been happening on earth and is an act contrary to human dignity and prestige. This is a violation of human rights. In the past, child trafficking was only in the view of forcibly transferring abroad for the purpose of prostitution. But along with the times, trade is defined as transfers, especially children with or without the consent of the person concerned in a country or abroad for all exploitative labor, not just prostitution. The type of research used in this study is normative juridical (legal research) that is by referring to various legal norms, in this case is international law and criminal law related to the sale of children across the country and the regulation of the prohibition. The legal provisions governing the mediation of child trafficking are contained in the Convention on the Rights of the Child, namely article 35 which governs States to take national, bilateral and multilateral measures to interfere with the abduction, sale or trafficking of children for any purpose. This article does not provide a clearer explanation of child protection against child trafficking. The Convention on the Rights of the Child 1989 supplemented the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography set by the General Assembly of the United Nations on 25 May 2000. This Protocol aims to achieve the objectives of the Convention on the Rights of the Child and the application of further rules particularly those contained in articles 1, 11, 21, 32, 33, 34, 35 and 36. Keywords: child trafficking, prevention, child rights

PENGATURAN HUKUM TENTANG PENGAWASAN WILAYAH DIRGANTARA INDONESIA TERHADAP LALU LINTAS PESAWAT UDARA ASING DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Muhammad Denny Yusril Siregar; Abdul Rahman; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACT LEGAL SETTLEMENT ON THE SUPERVISION OF AREA REGIONAL AREA TO TRAFFIC AIRCRAFT AIRCRAFT IS REVIEWED FROM INTERNATIONAL LEGAL PERSPECTIVEThe issue of air traffic control and security and the safeguarding of aircraft is an important apek in legal arrangements made by countries. One aspect that needs to be taken into consideration in the utilization of air space and its resources is the jurisdiction problem. The problem of the regulation of Indonesian state air law. International air law arrangements. The legal arrangements on the supervision of Indonesia's aerospace territory against foreign air traffic are reviewed from the perspective of international law. Type of research or approach method that is done is normative law research method.The nature of the research is descriptive analytical. Research using descriptive analystis. The legal arrangement of Indonesian state airspace, namely Article 4 and Article 5 of Law no. 1 of 2009 concerning Aviation, aviation activities constitute a form of activity and or effort on the territory of sovereignty over the airspace authorized and liable to the Government as stipulated in Article 5 of Law no. 1 In 2009, that in the framework of the implementation of the sovereignty of the state over the territory of the Republic of Indonesia the Government shall exercise the authority and responsibility of the regulation of air space for the interests of defense and security of the state, aviation and national economy. Arrangement of international airspace law, namely Article 38 (1) of the Statute of the International Court of Justice, namely the legal sources of International Law, in the article which became the source of International Law, namely: Paris Convention 1919, Chicago Convention 1944 International Practices, Recognized by the civilized nation and Jurisprudence. The legal arrangements on the supervision of Indonesia's aerospace territory against foreign air traffic are reviewed from the perspective of international law, namely Law no. 1 of 2009 on Aviation, Law no. 24 of 1992 on Spatial Planning, Law no. 43 of 2008 on State Territory, Law Number 37 Year 2002 concerning the rights and obligations of foreign ships and aircraft in exercising the archipelagic sea lanes right and Government Regulation no. 3 of 2001 on the Security and Safety of Aviation, Government Regulation no. 70 of 2001 on the Airport. Keywords: Legal Arrangement, Supervision of Indonesia Aerospace Area Foreign Air Traffic

PERMASALAHAN PENGAKUAN TERHADAP KELOMPOK-KELOMPOK BELLIGERENT DARI SEGI HUKUM HUMANITER INTERNASIONAL Marcel Gabriel Pailalah; Sulaiman Hamid; Chairul Bariah
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTWars and conflicts have always been a human habit throughout civilization, from the very beginning of human creation on Earth, warfare has always been a determinant of human survival and especially the standing or destruction of civilizations existing in the world. Of the many conflicts that exist, the conflict is a revolt that attracts attention, because of the conflict between the ruling government against armed parties who are not satisfied with the relevant government policy. From here comes the term "belligerent", which means the parties to the dispute or the rebels. At first, belligerent created from the dissatisfaction of the elements of the people against the government in a country. The ruling government is unable to accommodate the will and interests of these dissatisfied elements of the people, so that they rebel in order to realize their neglected aspirations. This initially limited rebellion gradually began to spread to every territory of the country, and the rebels were able to control various territories and establish their own version of government. This situation also received attention from the world, and for some considerations of the international community, the rebels were recognized as a separate entity representing the aspirations of elements of the people who are not satisfied with the regime in power in a country. The research method used is normative juridical by doing research of literature study to obtain secondary data needed in the framework of completion of this thesis. The results are presented descriptively and with related drawings of the materials discussed in order to obtain an explanation of the existing problems. The research in this thesis aims to find out the meaning of armed conflict in international humanitarian law, belligerent and its history, recognition conditions and worldviews of belligerent groups, and internationally recognized belligerent groups. Key Words: War and conflict, rebellion, armed conflict in International Humanitarian Law, belligerent.

ANALISA HUKUM ATAS KEKERASAN TERHADAP WARGA SIPIL AKIBAT PEPERANGAN YANG TERJADI DI ALEPPO SURIAH BERDASARKAN KETENTUAN KONVENSI JENEWA 1949 Syarifah Tiffany Nargis; Chairul Bariah; Makdin Munthe
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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THE LEGAL ANALYSIS OF VIOLENCE TO CIVILIANS DUE TO WAR IN ALEPPO SYRIA BASED ON PROVISIONS IN GENEVA CONVENTION 1949ABSTRACTProtection values for civilians are stipulated in Geneva Convention 1949. It is regulated that anyone, even when an enemy is captured, still he must be treated well by respecting his dignity and prestige as a human being. There is a tendency to observe that the provisions of Geneva Convention 1949 do not only regulate the obligations of member countries but also civilians’ individual human rights as the protected party. The non-international armed war in Syria is a resistance to Geneva Convention 1949. The research problems are: How the position of Geneva Convention IV 1949 is in International Humanitarian Law, How Geneva Convention plays its role in protecting civilians in the time of war, and how the legal protection for the civilians is from the violence in Aleppo due to the war in Aleppo Syria according to Geneva Convention 1949. This is a research with normative juridical method which employs statutory approach. It is also a doctrinaire research that refers to legal norms; thus, it puts emphasis on secondary legal materials, either regulations or legal theories which focus on collecting all relevant laws in the books, studying the laws related to legal provisions and the implication of its implementation in Indonesia or the law pronounced through research process. The results show that the position of Geneva Convention IV 1949 in International Humanitarian Law is a part of Humanitarian Law to protect military personnel who no longer take part in war and people who are not active anymore in a war i.e. civilians. The role of Geneva Convention to protect the civilians in the time of war is a part of humanitarian law which regulates legal protection for civilians is that it must not be carried out discriminatively. In all circumstances, civilians are entitled to respect for their persons, their honor, their family rights, their religious convictions and practices. The legal protection for the civilians from violence in Aleppo due to the was in Aleppo Syria according to the Geneva Convention 1949 is grounded on Article 27 of Geneva Convention IV saying that Protected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. Keywords: Violence, Aleppo, Syria, Civilian, Geneva Convention IV

PERDAGANGAN INTERNASIONAL JASA TENAGA MEDIS MELALUI MUTUAL RECOGNITION ARRANGEMENT (MRA) DI KAWASAN ASEAN Yemima Amelia Siagian; Jelly Leviza; Mahmul Siregar
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTThe effectuation of free flow of workforce in AEC (ASEAN Economic Community) has brought some impacts on the mobility of skilled workforce such as medical practitioners. International trade of service is then regulated in MRA (Mutual Recognition Arrangement) that has been approved in ASEAN countries’ regions. The research problems are how the legal aspect of MRA in the formulation of AEC (ASEAN Economic Community) is, how ASEAN agreement in the field of medical practitioners’ service is, and how the legal protection by ASEAN in the field of medical practitioners’ service is. The title of this research is “International Trade of Medical Practitioners via MRA (Mutual Recognition Arrangement) in ASEAN Regions”. Normative juridical research method is used in this research. The material or data are secondary legal materials. The data are collected through library study and analyzed by descriptive qualitative method. The legal aspect of MRA is that is acts as an agreement between two countries or more to reach an agreement which regulates each country’s interest of something. ASEAN Agreement in the field of medical practitioners’ service is made in Mutual Recognition Arrangement on Medical Practitioners, Mutual Recognition Arrangement on Dental Practitioner, and Mutual Recognition Arrangement on Nursing Services which has provided free entry for skilled medical practitioners to the other ASEAN countries stipulated in ASEAN MRA. The legal protection for the medical practitioners provided by ASEAN is also stipulated in Article 2, Article 5, and Article 6 of ASEAN MRA on Medical Practitioners through the receiving countries with good faith. Keywords: Medical Practitioners, MRA (Mutual Recognition Arrangement), ASEAN

ANALISIS YURIDIS TERHADAP TRANSAKSI E-COMMERCE BERDASARKAN HUKUM INTERNASIONAL DAN HUKUM NASIONAL Esthalita Octavia Tobing; Jelly Leviza; Mahmul Siregar
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTThe development of information technology is currently experiencing rapid progress. This development apparently brings impacts on a variety of life sectors including trading world. One form of the uses of much developing, most influential, and most widely used information technology is e-commerce (Electronic Trade). The development in trading world with this e-commerce has to be supported by the development in the law that regulates trade related problems in internet media. This technology and information facility development or commonly called cyberspace also brings quite big impacts on the regulation in national and international laws. The research problems are how the concept of e-commerce transaction is, how e-commerce is regulated in international laws, an how e-commerce is regulated in national laws. This research is entitled “The Juridical Analysis of E-Commerce Transactions according to International and National Laws”. This is a descriptive normative juridical research. The data used in this research are secondary legal materials. They are collected through library study and analyzed qualitatively. The legal problems resulted from e-commerce transactions is the problems in data verification in e-commerce creating obstacles to state policies that impedes e-commerce transactions. E-commerce is regulated in UNCITRAL Model Law on Electronic Commerce which is not enforceable, but it is the reference to be implemented in national law by the countries. UNCITRAL has regulated the validity requirement to bind all parties in an e-commerce transaction. the Law No. 11/ 2008 on Electronic Information and Transaction, the Law No. 82/2012 on the Conduct of Electronic System and Transaction, and the Law No. 8/1999 on UUPK (Consumer’s Protection) as the national laws regulate the provisions of e-commerce transactions and the adequate legal protection for consumers to make e-commerce transactions. Keywords: E-Commerce, Electronic Transaction, National Law, UNCITRAL

PERAN INTERNATIONAL COMMITTE OF THE RED CROSS UNTUK MELINDUNGI KORBAN AGRESI DI PALESTINA BERDASARKAN KONVENSI JENEWA 1949 DAN PROTOKOL TAMBAHAN I 1997 Hafni Zanna Dewi; Chairul Bariah; Arif Arif
Journal of USU International Law Vol 5, No 6 (2017)
Publisher : Journal of USU International Law

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ABSTRACTWar is the most thorniest issues in the world, reflect on the conflict which broke out into a cold war in Palestine made the world should be more sensitive to see that with the establishment of written rules regarding the Regulations on Human Rights are still not enough to cope with casualties falling, for this the ICRC stands, where the ICRC as a neutral institution that handles humanitarian issues from time to time are increasingly required by the international community. The ICRC has a major role in efforts to provide assistance and relief to victims of armed conflict, whether occurring in the territory of a country or between countries. This is evidenced also by the mandate given to the ICRC by the international community. ICRC has also shaped by the 1949 Geneva Conventions and Additional Protocol I and Additional Protocol II as a principal instrument in carrying out the functions and role in helping humanitarian work in conflict areas. The method used is a normative legal research methods with data collection procedures are the main source material of a legal nature normative law. Data were acquired and processed in a normative legal research is secondary data derived from literature sources. The research result of this paper shows that the authority of the ICRC in carrying out the functions and role in providing humanitarian assistance has been listed in the 1949 Geneva Conventions and their Additional Protocols I & II 1997, the Statutes of the Movement of Red Cross and Red Crescent International, and two protocols in addition, the process of its formulation supported actively by the ICRC. Going forward, the ICRC managed to deliver real action and the ICRC required role in dealing with victims of war. Keywords: International Committee of the Red Cross, the 1949 Geneva Convention,Additional Protocol I and II of 1977, the Israeli- Palestinian conflict.

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