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TINJAUAN HUKUM INTERNASIONAL TERHADAP DIPLOMAT YANG MELAKUKAN TINDAKAN MELAWAN HUKUM DIHUBUNGKAN KEKEBALAN DIPLOMATIK Ali Sentosa; 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 A country needs to make contact with each other based on the national interests of each country are related to each other, among others, include the economic, social, cultural, legal, political, and so forth. With an association constant and continuous between the nations of the world, is one of the conditions of the existence of the international community. One form of cooperation between the countries in the world is in the form of international relations by putting diplomatic representatives in various countries. These representatives have the right diplomatic immunity and privileges of diplomatic immunity to the law of the jurisdiction of the receiving country as well as both civil and criminal immunity to witnesses. Thesis writing, entitled Review of International Law Against Diplomat Conducting Illegal Actions Associated with Diplomatic Immunity elaborated on how the law on abuse of diplomatic immunity, how the actions of a country against the abuse of diplomatic immunity and how the analysis of several cases of abuse of diplomatic immunity. To answer the problems that used normative law through the use of secondary data, such as books, legislation, books on financing agreements, and research results related to this research topic. Based on the results of the study explained that cases of violation of diplomatic relations that occurred in the period 1961 until now is the number of violations were related to the personal immunity of diplomatic missions and diplomatic representatives of the building violations. Some cases such as wiretap News Agency of the Republic of Indonesia (Embassy) in Myanmar and the case of slavery which made the German Ambassador to Indonesia citizens in Saudi Arabia became a serious concern. The existence of diplomatic immunity is considered as a protection to the perpetrators go unpunished. Action against abuse of diplomatic immunity recipient country can do eviction or persona non grata on diplomatic missions, in which it set in the Vienna Convention in 1961. Actions taken by one country against the abuse of diplomatic immunity is a form of action against the self-expulsion of the foreign diplomatic representatives. This is because of the immunity rights inherent in every foreign diplomatic representatives.

PEMBERITAHUAN KONSULER SEBAGAI BENTUK PELAKSANAAN HAK ASASI MANUSIA DITINJAU DARI KASUS AVENA Jennifer Jennifer; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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AbstractSince 17 Century, relation between States has been developing until today. In the process of the relationship, national from every country is one of the concern. National’s right is protected under international law especially in Vienna Convention 1961 concerning Diplomatic Relation and Vienna Convention 1963 concerning Consular Relation. Consular Notification is one of the rights that are protected for people who live in other countries. No one needs national protection more than someone who is accused at another country. Nowadays, many countries tend to violate that rule although they have ratified it. Many cases happened and submitted under the International Court of Justice can be the proves for it. Case Concerning Avena and other Mexican Nationals (Mexico v. United State of America) is one of the case that shows how important the rule of consular notification is.Keyword: Consular Relation, Consular Notification, National

STATUS HUKUM DAN PERLINDUNGAN ENVIRONMENTALLY DISPLACED PERSONS DITINJAU DARI KONVENSI 1951 TENTANG STATUS PENGUNGSI Yuthi Sinari; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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AbstractClimate change and exacerbating global warming in the recent few decades have triggered an urgent effect that threatens the lives of millions of people. The number of persons seeking refugee protection due to environmental degradation has increased to 25 million people, prominently preceding other groups of people. The preponderance of contemporary human outpouring consists of persons seeking to escape the deteriorating environments of developing countries, but the surge in environmental refugees will soon outpace the ability of the developing world to cope with them. Developed countries will soon feel the effects of this problem. No host country will be able to escape the effects of the growing numbers of environmental refugees for much longer. This heartbreaking phenomenon will remain a unique tragedy in the history of human beings. Forced migration due to environmental degradation has inevitably pervaded every aspect of life. The only solution to overcome hostile environment migration is to intensify international cooperation and corroborate burden-sharing principle. Furthermore, international conventions and declarations have been created to expand the definition of refugees embodied in Article 1 of the 1951 Convention Relating to Refugee Status to include environmentally displaced persons and optimize the international protection for refugees.Keyword: Refugees, Environmentally Displaced Persons

PRAKTIK IMPUNITY DALAM KASUS PELANGGARAN HAM BERAT (TINJAUAN TERHADAP KASUS PEMBANTAIAN RAWAGEDE 1947) Erika Erika; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Impunity is one of the most often thing that ever happened in order to settle the gross human rights violations. Impunity means crime without punishment and an inevitable phenomenon in gross human rights violations’ cases. In the scope of international law, impunity refers to the failure to bring perpetrators of gross human rights violations to justice and denial of the right of victims to obtain justice and their right to redress. Impunity allows the cycle of human rights violations keeps going on, because the persons who committed the violations are not considered responsible. The 1947 Rawagede massacre case is an old case that began to become a hot topic which discussed by many recently ever since the case was taken to the Hague District Court in 2009. Therefore, the problems in this thesis are about the position of impunity in human rights violations’ cases, the international laws that related to the practice of impunity and how that happened in the case of the 1947 Rawagede massacre case. The research methodology used in this thesis is a normative legal research or library research, by collecting materials from books, journals, websites, legislations and other scientific papers which are closely related to the intentions and purposes of the preparation of this manuscript. Internationally, there are a few regulations which can be applied in this topic, because the scope is about human rights. First of all is the contents in the 1948 Universal Declaration of Human Rights. The second, for the assertion is the contents in the 1993 Vienna Declaration and Programme of Action. Last but not least, for the regulations on gross human rights violations are the contents in the 1998 Rome Statute. But because Indonesia has not ratified the 1998 Rome Statute and this events occurred long before the Rome Statute generated, then the case was submitted to the Hague District Court. As the result of this study, the conclusion is that the practice of impunity itself, even though not inevitable, still will not release the offenders from their responsibilities towards the victims of gross human rights violations because the victims have basic legal rights that must be fulfilled.

PENGATURAN HUKUM INTERNASIONAL MENGENAI BIOTEKNOLOGI DAN DAMPAKNYA TERHADAP KEANEKARAGAMAN HAYATI Friska Messelina Sirait; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstract Biotechnology in human's life gives a new expectation of an ability to create new organisms. Biotechnology has a firm connection with biological diversity as its genetic resources. The Living Modified Organism (LMO) that will be released to the free environtment will also affect the balance of the existing biological diversity. The regulation of biotechnology and its impact on biological diversity is at first mentioned on United Nation Conventions on Biological Diversity (UNCBD) 1992. This convention then has some protocols with specific issues. First, Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000 that regulates specifically about the transboundary transfer of Living Modified Organism (LMO). Second, The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization 2010 focusing on the use of biological diversity as genetic resources. Third, Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety 2010 focusing on the regulations to anticipate the emerging impact on biological diversity as the consequence of the LMO’s transboundary transfer.Keywords : Interntional Law, Biotechnology, Biological Diversity

PENEROBOSAN DAN PERUSAKAN GEDUNG KONSULAT AMERIKA SERIKAT DI BENGHAZI, LIBYA DITINJAU DARI HUKUM DIPLOMATIK Novi Monalisa Anastasia Tambun; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstraction There is no one state can detach from other states. Because of the interest of a state in another state, it was created a relations. Therefore, diplomatic representatives is to establish friendly relations and enhance cooperation between the two states. Currently, there are still many violent acts that threaten the safety of diplomats in diplomatic duties. . As in the case of Intrusion and Damage Againts the US Consulate in Benghazi, Libya. The question are, How the case is going on ? How does the handling or settlement of the case? The research method to write this journal used was the library research. Selecting and collecting data from a variety of books, doctrins, dictionary, encyclopedia, international law literature, or international politic relations that related with this journal.

SENGKETA PULAU DOKDO ANTARA JEPANG DAN KOREA SELATAN Utami Gita Syafitri; Arif Arif; Deni Purba
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstract Dokdo Island’s dispute is a territorial dispute involving Japan and South Korea in the fight over an island located in the Sea of Japan. Government of Japan and South Korea based their claim over Dokdo Island ownership on historical evidence and geographical connectivity. Dokdo Island’s dispute impede the process of negotiating maritime delimitation zone in the Sea of Japan. It is necessary to immediately resolve the Dokdo Island dispute by setting limits of maritime zones Japan and South Korea, as well as provide legal certainty on the status of ownership of Dokdo Island. Claims to sovereignty over Dokdo Island is a core issue that must be resolved first. In an attempt to resolve the dispute Dokdo Island, the Government of Japan and South Korea have done several rounds of negotiations and did not find any way of settlement. Dokdo Island’s dispute resolution solutions can be made through the Joint Development Agreement, the settlement through diplomatic channels and settlement through legal channels. In order to avoid the dispute dragged on, the Government of Japan and South Korea should immediately take back the diplomatic negotiations in order to resolve Dokdo Island’s dispute. Keywords : Territorial Dispute, Dokdo Island

SUATU TINJAUAN YURIDIS TERHADAP PERJANJIAN EKSTRADISI INDONESIA DAN REPUBLIK KOREA SELATAN Alma Panjaitan; Jelly Leviza; Deni Purba
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstraksi Extradition treaty between Republic of Indonesia and Republic of Korea was signed on the 28th November 2000 in Jakarta and ratified through Act Number 42 of 2007. With the ratification of Act Number 42 of 2007 the relationship and cooperation between the two countries for law enforcement and eradication of crimes are mutually beneficial. This study focuses on the history and development of the extradition treaty, procedures to implement the extradition and legal analysis of the extradition treaties of the Republic of Indonesia and the Republic of Korea.Keywords : Extradition, Indonesia, South Korea

KERJASAMA NEGARA-NEGARA ASEAN DALAM PENGENDALIAN PENCEMARAN UDARA LINTAS BATAS NEGARA DI LIHAT DARI HUKUM INTERNASIONAL Raisa Rafina; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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ABSTRACT At first, the environmental degradation/damage was only limited to the domestic level. But in a very short period of time, environmental damage began to explore the region and manage to affect international relations within ASEAN. Currently, most people are no longer in doubt that the environment is a major problem which makes it as an international issue. With the onset of the problem, causing a conflict between the ASEAN region. There are some cases that have an impact on international relations in the ASEAN region, one of which is the smoke pollution. Among some issues being raised were how the legal basis for cooperation among the ASEAN countries in controlling air pollution, how ASEAN cooperation in the control of environmental pollution in ASEAN and how the implications towards Indonesia due to agreement /cooperation in air pollution control. Results and discussion explaining environmental pollution issues in ASEAN countries are basically generated from forest management activities result from excessive economic measures, especially among ASEAN countries in terms of the management and utilization of forests as an economic resource. Regulation of fog and smoke pollution in the international sphere can be seen from several declarations or conventions that exist. As in the 1972 Stockholm Declaration which recognizes the fundamental human right to be able to live in a good environment and healthy and as well as the obligation to maintain and be responsible in all actions to prevent pollution especially when it is very harmful to other countries, such as the prevention of burning forests that followed by the 1992 Rio Declaration and the 2002 World Summit in Johanesburg. And applied in the context of an international convention of The Geneva Convention The Convention on Long-Range Transboundary Air pollutants, 1979 (Geneva Convention, 1979), which in Article 2 obligates that States Parties to try to push as low as possible, gradually reduce and prevent air pollution including transboundary air pollution. Cooperation within ASEAN countries in controlling air pollution caused by forest fires can refer to the implementation of cooperation among ASEAN members. The cooperation ranging from the establishment of the ASEAN Agreement on the Conservation of Nature pollutan 1995, the Regional Haze Action Plan 1997, the ASEAN Agreement on Transboundary Haze Pollution in 2002 which is the world's first treaty that specifically addresses the cross-border pollution. Keywords: Cooperation, ASEAN, air pollution, International Law

TINJAUAN PERANAN PBB DALAM PERKEMBANGAN PENERAPAN DAN PENGHAPUSAN HUKUMAN MATI DI DUNIA Pudji Indah Lestari; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstrak The Imperfection of criminal justice system is certainty because this is a “human work”. Even in the developed country such as United State of America, the failure of criminal system – in did not punish the innocent – always occurred. Since 1973, more than 120 peoples in America who waiting the execution of death penalty are released from the penalty because there are any new evidences that they are innocent. The appearance of international norms on the limitation and abolition of death penalty is a phenomenon in post war II. As a desires of civilized nation, the abolition is propaganda when formulate the content of Universal Declaration of Human Rights (UDHR) in 1948 although only indicated implicitly in the recognition of “right to life”. Intention to ask the abolition of death penalty is developing in international society. The abolition of the death penalty is assumed as one of important element in the development of democracy in the nations who will break down a relation to the last age with terror, injustice and oppression. The trend of this abolition is indicated by international law product in order to encourage the abolition of death penalty. In addition to UDHR, the other dominant law instrument of human basic right is International Covenant of Civil and Political Rights (ICCPR) and its Second Optional Protocol and any others regional conventions. In 2007, the General Assembly of United Nations (UNO) also issued a resolution “Moratorium on the Use of the Death Penalty” that ask the abolition of death penalty. International organizations implement the desires of the member nations that manifested in an international convention. Therefore, the international organization with various bonds has a closed relationship to the Nations that established the organizations and in anything always depend on the nations. UNO is universal organization in which all of Nations have right to be member. International Court ever said in the reparation for injuries case, that the Court recognizes that the establishment of UNO by majority of members in international society manifests an entity with “Objective personality”. The membership of UNO with various function had make the UNO position over than other organizations. The international law instrument that regulate about the death penalty based on UDHR as universal declaration and then to be the base of the establishment of multilateral convention (ICCRP) and three regional convention i.e. European Convention on Human Rights, American Rights) and other human basic right conventions. The issue of death penalty always associated to two norm of human basic right; a right for live and protection to the punishment or a raw deal, inhumanity and neglect the human prestige. Both of these norms can be retraced to constitutional law of Anglo American. The protection to the “cruel and usual punishment had determined in English Bill of Right in 1968, while “a right for live can not be removed without due process of law” and to take attitude “did not provide the explicit recognition to legitimating death penalty. Keywords : Peranan PBB, Penerapan dan Hukuman Mati

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Journal Mail Official
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Kota medan,

Sumatera utara

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