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ANALISIS TERHADAP KEKUATAN HUKUM INTERNASIONAL DALAM BIDANG EKONOMI DAN DAMPAKNYA TERHADAP KEDAULATAN NEGARA REPUBLIK INDONESIA Muhammad Surya Nusantara Sandan; Sutiarnoto Sutiarnoto; Mahmul Siregar
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Dr. Sutiarnoto, SH., M.Hum*) Dr. Mahmul Siregar, SH., M.Hum**) M. Surya Nusantara Sandan***) Sovereignty over territory or territorial sovereignty is the most important element of a country, and that sovereignty is what distinguishes a country from other subjects of international law. In forming an international law in the economic field, the agreement of rights and obligations that are formed can override the sovereignty of a country that approves it. The possibility of overruling sovereignty raises several issues that will be discussed in this thesis, namely: first what is sovereignty of the state in the view of international law, secondly how does the force bind of international law in the economic field and its impact on state sovereignty, and thirdly how is the standing of the Republic of Indonesia’s sovereignty in scope of international law that govern the field of international economics. The method used in this thesis is a normative descriptive legal research method. The data used as the source of this research are secondary data, obtained from research and analysis of written law and other literature reference materials related to state sovereignty and international law in the economic field. State sovereignty is recognized in international law as an authority to carry out law in its jurisdiction, to regulate the country's international relations activities, as well as to transfer ownership of a foreign property with specified compensation. However international law prohibits the use of national law to renege on the agreement. Civilized countries voluntarily respect that provision as a gesture of good faith. So does the Indonesian state, Indonesia was once bound by obligations in an agreement which turned out to worsen the national economic situation. Obligations carried out by Indonesia include, among others, the drafting of an Act that replaces the division system of duties and authority of state organs which is part of state sovereignty, permits the privatization of SOEs, and the termination of national projects that have the potential to compete in international environment. For those reason, there must be an obligation to protect the destruction of state for international economic law that applies to it, and be required more than enough understanding and preparation for countries that intend to agree on an international agreement in the economic field. iiKeywords: State Sovereignty, International Economic Law, Binding Force of International Treaties *) First Advisor of Faculty of Law, University of North Sumatra **) Second Advisor of Faculty of Law, University of North Sumatra ***) Student of International Law Department

HAK ASASI MANUSIA TERHADAP KAUM LESBIAN, GAY, BISEKSUAL DAN TRANSGENDER (LGBT) DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA Nurul Kamila; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Nurul Kamila* Dr. Sutiarnoto, SH, M. Hum** Dr. Jelly Leviza, SH. M. Hum*** This study discusses the existence of lesbians, gays, bisexuals and transgender people (LGBT) in International Law and Indonesian National Law. Therefore, this study raises issues regarding: How the regulation of International Law on the existence of human rights of LGBT people, How is the regulation of national law on the existence of LGBT people and how is the comparison of Indonesian national law and International Law about the existence of the LGBT community. Thistype of research is a normative juridical research that is research conceptualized as a rule or norm based on statutory regulations. The results of research and discussion explain the regulation of International Law on the existence of human rights of LGBT people still leading to general provisions on human rights in international human rights instruments such as the UDHR and ICCPR. Then the Office of the United Nations High Commissioner for Human Rights established 5 state obligations towards LGBT people, and the formulation of the Yogyakarta Principles that addressed the rights of LGBT people. International legal instruments that specifically regulate LGBT issues do not exist, national legal regulations regarding the existence of LGBT people in Indonesia are also not found. Nevertheless, LGBT is fundamentally contrary to the Marriage and Pancasila Laws. Even though the 1945 Constitution says that every person has the right to marry and continue their descent, same-sex marriage cannot be carried out because it contradicts Article 2 of the Marriage Law and Pancasila values. iiKeywords: Human Rights, Lesbian, Gay, Bisexual and Transgender (LGBT), International Law, National Law * Student of Department of International Law ** First Advisor of Faculty of Law, University of North Sumatra *** Second Advisor Faculty of Law, University of North Sumatra

TINJAUAN YURIDIS MENGENAI IMPEMENTASI PUTUSAN MAHKAMAH ARBITRASE INTERNASIONAL DITINJAU DARI PUTUSAN “PERMANENT COURT OF ARBITRATION CASE NO. 2013-19” ANTARA FILIPINA DAN CHINA TENTANG CLAIM ATAS PERAIRAN NATUNA DI LAUT CHINA SELATAN Nico Hermawan Sipayung; Suhaidi Suhaidi; Makdin Munthe
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Nowadays, arbitration institutions are increasingly recognized by the public as an alternative to dispute resolution other than through the courts both in Indonesia and internationally. However, this does not mean that the method of resolving disputes through arbitration is the perfect method. Arbitration has several weaknesses, especially in terms of the recognition and implementation of international arbitration decisions. Arbitration does not have the power or authority to execute its decisions. In practice, a court has the authority to reject an international arbitration award. In this regard, this study aims to find out how the implementation of the International Arbitration Court's decision in adjudicating a regional dispute between countries. In addition, this study will also analyze decisions aimed at resolving disputes over a region's claims. This research uses a normative juridical approach. The writing method used in this study is library research through an inventory of materials from books, journals, articles, dictionaries, international legal instruments and other scientific writing related to this research. Based on the research that has been done, it can be concluded that the International Arbitration Court has the authority to decide on a territorial dispute in which the two disputing countries have been bound by a convention and deemed to have complied and obeyed the agreement made. It should be noted that in this regard, China as the defendant has ratified UNCLOS 1982 and is also a member of the United Nations. This became a bright spot in the dispute over the South China Sea waters involving the Philippines as the plaintiff. The issue of the fall of the International Arbitration Court's decision arises because of the response from China to boycott the judicial body.

PENCEMARAN LINGKUNGAN LAUT AKIBAT LIMBAH PLASTIK DI PERAIRAN KEPULAUAN INDONESIA DITINJAU BERDASARKAN PENGATURAN HUKUM INTERNASIONAL DAN NASIONAL INDONESIA Deayu Deayu; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Prof.Dr. Suhaidi, SH.M.H* Dr. Jelly Leviza SH.M.Hum** Deayu*** Indonesia is an archipelago country where 70% of its territory is ocean. The crisis of the marine ecosystem due to plastic waste is currently very crucial and is being widely discussed. Plastic waste is bad for the environment because of the nature of the plastic that is difficult to decipher. The pattern of activities that are completely plastic can accelerate the process of reducing oxygen, increasing the killing of marine life, and damaging the digestive system of marine life and ultimately returning to our own losses. Further international legal provisions concerning the protection of the marine environment are regulated in the Stockholm Declaration 1972, London Convention 1972, London Protocol 1996, MARPOL 73/78, and UNCLOS 1982. National legal provisions in the prevention, reduction and management of marine environment pollution due to plastic waste can be seen in PP No.19 of 1999, Law No.32 of 2009. The role of the Indonesian state in the protection of the marine environment the scope of its implementation includes planning, controlling, maintaining, controlling, utilizing marine environment resources for the welfare of the people's lives and law enforcement such as Presidential Regulation No . 83 of 2018. The research method used in this study is a normative legal research method, where primary data is taken from international agreements and legislation that have relevance in this study. Based on the results of this study indicate that the quality of the environment including the declining marine environment will threaten the survival of human beings and other living things. Therefore, the international community through international organizations to further encourage countries to maintain the condition of the sea, as well as take all necessary measures to deal with the problem of pollution of the marine environment. Keywords: Archipelago Country, Marine Pollution, Plastic Waste

PENGGUNAAN PELURU KLASTER (CLUSTER MUNITION) YANG DILAKUKAN ARAB SAUDI DI YAMAN DITINJAU DARI HUKUM INTERNASIONAL Muhammad Faris; Suhaidi Suhaidi; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT CLUSTER MUNITION CLUSTER USED BY SAUDI ARABIA IN YAMAN VIEWED FROM INTERNATIONAL LAW Muhammad Faris Prof.Dr.Suhaidi, SH., MH** Sutiarnoto, SH.,M.Hum*** War is inevitable. Therefore, a legal arrangement was made regulating war, which is now known as International Humanitarian Law (International Humanitarian Law or IHL). The legal arrangements governing war are aimed at ensuring that a war is not carried out indefinitely. One of the restrictions placed on international humanitarian law is the use of permitted weapons. International humanitarian law prohibits the use of weapons of mass destruction in armed conflict. Issues that will be discussed in this study are first, How is the regulation of International Law and the role of the United Nations in solving the problem of war crimes; second, how to regulate the use of Cluster Munition according to International Law; third, how is the regulation of International Law on the issue of using the Cluster Munition used by Saudi Arabia in the conflict in Yemen. The writing method used in this study is a normative juridical method which is carried out by examining library materials and secondary data, which in this case is the applicable international legal norms governing the prohibition of using Cluster Bullets as contained in various International Law instruments. The results of this study indicate that the Saudi Arabian Coalition has been proven to use various cluster bullets as weapons in excessive armed conflict in Yemen according to International Humanitarian Law. The use of cluster bullets in military attacks carried out by the Saudi Arabian Coalition against the Houthis also had a negative impact on society in Yemen. Cluster Bombs are very threatening to civilians, for two reasons; the area effect is very broad, and will leave many unexploded bomblets so dangerous for human lives. According to International Humanitarian Law, Cluster Bullets are also prohibited because they violate military requirements and humanitarian principles. Because international law has the characteristic of not being able to be imposed on countries, it is therefore recommended that Saudi Arabia be given a sanction in the form of revocation of certain rights, for example closing the opportunity to become a UN security council for several years. Keywords: War Crimes, Saudi Arabia, Cluster Munition, Cluster Bullets

PENEGAKAN HUKUM TERHADAP KAPAL ASING YANG MELAKUKAN PENCURIAN IKAN DI WILAYAH PERAIRAN INDONESIA BERDASARKAN UNCLOS 1982 Samudera Kevin Perkasa; Suhaidi Suhaidi; Abdul Rahman
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT LAW ENFORCEMENT OF FOREIGN SHIPS WHICH DO FISH THEFTING IN THE REGIONINDONESIAN WATERS BASED ON UNCLOS 1982 Illegal fishing practices are organized transnational crimes and have caused serious damage to Indonesia and other regions in the region. In addition to economic, social and ecological problems, this practice is an act that attaches the nation's territory. The main question in this study is the national law against the sinking of vessels that commit fish theft in Indonesian hunting areas. The impact of the sinking of foreign vessels conducting fish shipping in the Indonesian shipping area in the perspective of international law. Law enforcement against foreign vessels conducting voyages in the territory of Indonesian ships based on 1982 UNCLOS. This type of research or research method conducted is a normative legal research method or called legal research carried out by means of researching library materials or mere secondary data. Law Number 45 of 2009 concerning Amendment to Law Number 31 of 2004 concerning Fisheries. UNCLOS 1982 did not include the legal provisions for sinking foreign ships. The impact of the sinking of foreign vessels conducting fish shipping in Indonesian waters in the perspective of international law on the sinking of illegal foreign vessels will not affect bilateral, regional and multilateral relations between Indonesia and other countries. Law enforcement against foreign vessels that rescue fishes in Indonesian territorial waters based on 1982 UNCLOS, international law enforcement at sea is a step or prevention as well as efforts to improve and discuss compliance with international legal provisions. Keywords: Law Enforcement, Foreign Vessels, Fish Theft.[1] * Samudra Kevin P, FH Student. USU** Prof. Dr. Suhaidi, SH., M.H, USU Law Faculty Lecturer*** Abdul Rahman, S.H., M.H, USU Law Faculty Lecturer

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA