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Journal of International Law
Published by Universitas Sumatera Utara
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Articles 3 Documents
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Search results for , issue "Vol 7, No 1 (2019)" : 3 Documents clear
TINJAUAN YURIDIS MENGENAI KEKEBALAN DIPLOMATIK (IMMUNITY DAN INVIOLABILITY) DI NEGARA KETIGA MENURUT KONVENSI WINA 1961 Dedi Syahputra Daulay; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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Abstract

ABSTRACT Dedi Syahputra Daulay* Dr.Sutiarnoto, S.H.,M.Hum** Arif, S.H.,M.Hum*** Every diplomatic representative carry out the duties and function officially enjoy the freedom to move and inviolability that nobody can interference either in receiving state or the third state. The immunity gives in order to perfom well their duties and fuction. Every single immunity they got should be protected by receiving state or the third state. The immunity itself consist with two parts, immunity and inviolability. Additionally, the immunities not only for its diplomatic repsentative but also for their family, staff even the servant shall enjoy this kind of immunity according to Vienna Convention 1961. This writing used library research approach or normative research, this method is done by collecting data as much as possible that comes from a relevant references which related to the issues, its concist the books, text, journal, jurisprudence, encyclopedia, international law literature, or even international political relation. The method used by normative law research or normative juridical that is a law research as a norm system. The norms that is related as principle, jurisprudence, agreement and doctrine. This research shown that immunity not only applicable in their receiving state but also in the third state while the diplomatic repsentative transit. Many case related to the immunities infringement the diplomatic representative did. One of them is Aljazair Diplomat flying to Brazil while transit in Dutch should face the concequence. The impact of the immunities infringement  not only for the diplomat itself but also the country whom they send them for diplomatic mission. Which eventually, create a state responsibility towards the immunities infringement that diplomat do. Keyword : Diplomatic immunities, Immunity and Inviolability, Third state * Student Faculty of Law University of North Sumatera ** Supervisor I and Lecturer Faculty of Law University of North Sumatera *** Supervisor II and Lecturer Faculty of Law University of North Sumatera
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM OLEH INTERNATIONAL LABOUR ORGANIZATION (ILO) KEPADA PEKERJA/BURUH PEREMPUAN DAN ANAK DI INDONESIA Theddy Theddy; Ningrum Natasya Sirait; Jelly Leviza
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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Abstract

A JURIDICAL VIEW REGARDING THE LEGAL PROTECTIONS TO WOMEN AND CHILD’S LABOURS BY INTERNATIONAL LABOUR ORGANIZATION (ILO) IN INDONESIA *) Prof. Dr. Ningrum Natasya Sirait, S.H., M.LI. **) Dr. Jelly Leviza, S.H., M.Hum. ***) Theddy ABSTRACT Labours must have legal protections. Legal protections are given by states by national law, and international organization by International Labour Organization (ILO) with conventions and recommendations. Women and Child’s labours always being discriminated in every aspects of work, harm, and never have the rights as labours The methods of this research are the study of literature through inventory of materials from books, journals, internet, and other researches. Other materials come from international treaties such as, ILO conventions and recommendations, and Indonesia’s national laws related to the legal protection of women and child’s labour. The research shows that legal protections given by Indonesia and ILO have some relations. Indonesia as the member states of ILO have ratified conventions that give the fundamental rights to labours. Legal protections from the national law could directly achieve by women and child’s labours. ILO has essential acts, such as making conventions, recommendations, monitoring, joint between states, also tripartism and social dialogue. Tripartism is a mechamism where labours, employers, and governments meet each other. All of these are to achieve international labour standards and giving the legal protections to women and child’s labour in Indonesia. Keywords: International Labour Organization, legal protection, women and child’s labour   *) Advisor I **) Advisor II ***) Student at Faculty of Law USU
PENARIKAN DIRI AMERIKA SERIKAT DARI KEANGGOTAAN KOMISI PENGUNGSI INTERNASIONAL (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES) SUATU TINJAUAN HUKUM INTERNASIONAL Hengki Hengki; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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Abstract

ABSTRACT Hengki* Prof. Dr. Suhaidi, S.H, M.H** Dr. Jelly Leviza, S.H, M.Hum*** The intensity of relations between countries in the world today is very high. Collaborations established by each countries are an effort to realize the national interests of the country. A forum for building relationships with other countries is known as International Organizations. The International Organizations are formed by the exixtence of a joint agreement that contain the rights and obligations of member countries, one of them is in terms of withdrawal from membership of International Organization. The problem of withdrawal from The United Nations High Comissioner for Refugees (UNHCR) membership is regulated in the 1951 Convention on the Status of Refugees and The Additional Protocol of 1967 is not widely regulated that in the end each country has the possibility of withdrawing. Therefore, the method used in this thesis is normative legal research which is a methid conducted on applicable legal norms, both originating from national law and international law. The normative research method is a scientific procedure for finding truth based on legal scientific logic from the normative law and the nature of research are descriptive analytical which describes national legal norms and norms of international law, related to United States withdrawal from United Nations High Comissioner for Refugees (UNHCR) membership as an International Organization. Analysis of United States withdrawal from United Nations High Comissioner for Refugees (UNHCR) membership and The New York Agreement Declaration of Refugees and Migrants under the International Law refers to article 54 of the 1986 Vienna Convention stating that withdrawal can be carried out if it is included in the relevant international agreement or can be carried out at anytime. Futhermore, it is also explained in the provisions of Article 44 Paragraph (1) of the 1951 Convention on the Status of Refugees that states every country that has become a member can cancel this convention at anytime with a notification submitted to the General Secretary of the United Nations. Thus, the actions and steps taken by the United States in this case have gone through appropriate procedures even though the act of with drawal is considered to indicate a lack of a strong commitment to overcome global problem.       Key Word : International Organization, UNHCR, Vienna Convention 1986, United                       States, Withdrawal.

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