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PERLINDUNGAN ATAS IMIGRAN ROHINGYA DALAM PELANGGARAN HAM BERAT DI MYANMAR DARI ASPEK HUKUM INTERNASIONAL DAN HUKUM NASIONAL Septiana Tindaon; 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 Rohingya Ethnic is a minority ethnic in Myanmar and get a serious attention on discrimination to them. Government of Myanmar did not give them nationality status so they did not get the national protection on any hardness to them. Inhumanity treatment to the ethic of Rohingya in Myanmar encourage them to leave their origin nation. They absconding illegaly to other nations ether by land or by sea. Their arrival to the neighbour nations cause the fear to the destination nations. The destination nation assume that the increasing of the number of Rohingya ethnic who arrived in their nation will treat the stability and national defense of their country. The other reason is to put the load to their nation beause there is not a goodwill of Myanmar to solve this problems. The destination nation take any effort to avoid the arrival of the Rohingya ethnic and to take a policy that avoid their arrival. To the ethnic of Rohingnya who arrived in the destination nation, their right is not assured, in which there is not a relocation with health standard. Therefore, it needs efforts of international government to settle this case. The international government must encourage the Myanmar Government to solve this problem immediately, by provide the nationality status to the ethnic of Rohingya for the long term settlement on this case. Government of Myanmar must take a serious action to the crime do by other ethnic in Myanmar to the ethnic of Rohignya or the crime by army of Myanmar to the etnic of Rohingya. Keywords : Human Rights, Refugees, Rohingya

PERLINDUNGAN DAN PENEGAKAN HAM DI ASEAN TERHADAP MANUSIA PERAHU ROHINGYA DALAM STATUS SEBAGAI PENGUNGSI MENURUT HUKUM INTERNASIONAL Jeremia Suluh Tampubolon; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACTHuman rights are the rights of a person who has owned since the content itself, given by the Creator not the country or the board as well as host of others are going to be universally. Human rights is a part of the study of international law because of the nature and character of human rights itself is a defense mechanism and protection of the individual against the power of the State is vulnerable to abuse, as has been well prove in the history of mankind on Earth. Thesis research raises several issues, how the history of human rights in the international community, how the legal protection of ethnic and refugee status under international law, and how enforcement of human rights in ASEAN towards boat people Rohingya The research methods used in this thesis is done using the Normative Research Methods by collecting secondary data in Library Studies which this study originated from pure secondary data derived from books, articles, both from newspapers, websites, and magazines, and legislation. From the results of this study has concluded that human rights was born with the Magna Carta, the declaration of human rights by the United Nations and later adopted by several International Conventions. Problem of refugees in international law set out in the 1951 Convention on refugees accompanied by the 1967 Protocol on refugees. Upholding human rights on the Rohingya boat is not easy, see the difference of each legal instrument in the ASEAN countries recognize the existence of refugees in the country areas.Keywords : Human Rights, Etnic Rohingya, Refugees Status in ASEAN

TINJAUAN HUKUM INTERNASIONAL MENGENAI ASEAN OPEN SKY DAN DAMPAKNYA BAGI INDONESIA Heike Larissa Tampubolon; Arif Arif; Chairul Bariah
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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Abstract Aircraft is known as the most effective means transportation at this time. Start in terms of safety, comfort, economy, and the time when compared with other means of transportation such as land and sea transportation. By using aircraft, as if there are no more boundaries between regions of the country to another. Since the number of positive benefits, then the air transport becomes very important in human life and even the country. One country to enter into agreements with other countries by exchanging the rights of freedom in the air. ASEAN Open Sky is one form of multilateral agreements between countries which aims to realize the ASEAN aviation liberalization in the ASEAN region. The liberalization of the concept will be realized in 2015. It is expected there will be positive impacts for Indonesia and ASEAN by following the liberalization of the flight. For negative impacts, Indonesia and other ASEAN countries are required to start paying attention and taking into account all possibilities that will happen, so that negative impacts can be avoided and it can be turned into a positive impact. Keywords : flight, country, liberalization

SENGKETA PERBATASAN WILAYAH KASHMIR DALAM PERSPEKTIF HUKUM INTERNASIONAL Riadhi Alhayyan; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Riadhi Alhayyan 090200029 Kashmir border dispute was very influential and disturbing in the South Asia region, because the dispute involves two major states of India and Pakistan. The bickering two countries fighting over kashmir region as the territory continues and has attracted a lot of attention from various countries in the settlement of the dispute. Kashmir border dispute has put a serious challenge for analysts and policy makers because the conflict is complex and heterogeneous. Kashmir, the disputed territory that lies at the foot of the Himalayas, under the rule of the three countries. Jammu-Cash Society ¬ hmir entered Indian territory, while the people of Ladakh and Jammu-Kashmir-Pakistan respectively controlled by China and Pakistan. Among the three, only the Jammu-Kashmir's turbulent and demanding independence. The research method with normative legal research or legal research literature conducted by examining the literature material, and empirical legal research. The study used the law is normative legal research or collectively, the literature study (library research) with the acquisition of secondary data sourced cider magazines, books, journals, newspapers, online websites, and other library documents. Analysis of the data used is qualitative analysis, ie data obtained and subsequently systematically compiled and then analyzed qualitatively in order to achieve clarity issues to be discussed and the results are set forth in the form of a thesis. Based on the results of the study authors that the status area Kashmir under international law is in dispute, as India and Pakistan both claim Kashmir as their territory. But the ruler of Kashmir when it was a Hindu, would prefer to join with India, so that Kashmiris are now split into two, Pakistan and Kashmir Kashmir India. Kashmir struggle in a dilemma. If using peaceful means and approach to politics, India claimed that the people of Kashmir have accepted the status quo, to be a part of India. Kashmir territorial dispute and the Kashmir conflict occurs because of a conflict of interest between the two countries and the political power that is manifested through unilateral claims of India and Pakistan. Including religious factor, pakistan claims that the khasmir is a muslim majority area integral for pakistan while also claiming in kashmir hindu community are integrated with india. Factors as well as border, it is located in the teritory of Kashmir Indian authorities, however, a dispute can not be separated from the colonial regime that tends to make the inter-state border artificially, meanings the colonial regime tends to create a new border regime without notice in the interests of natural factors such as ethnicity,and socio-cultural condition. Solution to solve the Kashmir region between India struggle with Pakistan should be implemented bilateral relations between the two countries. UN and SAARCsebaiknya entitles India and Pakistan over the Kashmir region in accordance with the location of each region. So there is no reason for India and Pakistan to fight each other for control of the Kashmir region as a whole. In addition, the United Nations and the SAARC should be decisive in resolving the Kashmir conflict annexation. For countries that do not abide by the decision of the United Nations and the SAARC should be subject to strict law. . Keywords: Kashmir dispute

PELANGGARAN HAM BERAT PADA KONFLIK BERSENJATA DI SURIAH DITINJAU DARI HUKUM INTERNASIONAL Jesaya Brahmana; Abdul Rahman; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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Abstraction Armed conflict in Syria is still in progress at the time this paper was written, and there are no signs of the conflict will cease. The conflict has been going on for more than two years and has caused many deaths and many who fled to Syria's neighboring countries such as Turkey, Lebanon, Jordan, and Iraq. Victims of the conflict are usually women and children. This journal suggests concerns about the forms of gross human rights violations under international law, the link between the fight against human rights violations, as well as the efforts of the UN and the international community.The method used in this paper is a literature study methods by collecting the materials or writing data from the print media, books, newspapers, law, magazines, editorial, and electronic media. Conclusions in this paper is that the severe human rights violations were categorized as a crime against the international and human rights. that there is a link between human rights violations in armed conflict or war. that there has been a lot of efforts in the United Nations and the international community to uphold human rights in Syria. However there has been no sign of armed conflict in Syria will stop because of disagreements among permanent members of the UN council

TINJAUAN HUKUM INTERNASIONAL TERHADAP UJICOBA NUKLIR KOREA UTARA DAN KAITANNYA DENGAN PERDAMAIAN DAN STABILITAS KEAMANAN GLOBAL Chrisyela Sinaga; Jelly Leviza; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT This study aims to determine the regulation of nuclear in international law perspection, international legal regulation in maintaining peace and stability of global security and shape the rules issued by the United Nations in the form of UN Security Council Resolution related to North Korea's nuclear test on 12 February 2013 in order to maintain peace and stability of the global security . The method used is the normative legal research with specification of descriptive research. The results are presented systematically through data collection is done by seeking information through library or secondary data including primary legal materials, secondary and tertiary-related issues. The results showed that the rule of international law that regulates nuclear contained in the UN Charter, UN General Assembly Resolution, UN Security Council Resolution, and the Statute of the IAEA. Setting of international law in maintaining global peace and security stability seen from the formation of the United Nations whose purpose is to maintain international peace and security. The rules issued by the United Nations in the form of UN Security Council Resolution related to North Korea's nuclear test on 12 February 2013 were the United Nations Security Council Resolution No. 2094 which provides for sanctions against North Korea in the form of an order to North Korea to abandon all nuclear weapons programs, enforcement of sanctions new finance to block financial transactions that support North Korea's illegal activities, inspection of suspicious cargo and denial of access to ports and shipping cost related to North Korea in accordance with the law and allow stronger enforcement of the sanctions that have been imposed by the UN Member States. Keywords: Nuclear Tests, Nuclear North Korea, Peace and Global Security

PERAN UNI EROPA DALAM PROSES PENYELESAIAN SENGKETA BAGI NEGARA ANGGOTA DAN NEGARA NON ANGGOTA Carina Etta Siahaan; Arif Arif; Deni Purba
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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Abstract The main reason for the establishment of the first European Union once was because of the desire to provide protection to the European countries that are victims of cruel regimes of Germany during World War II. After the signing of the Maastricht Treaty in 1992, the European Union is increasingly proving its progress to the international community as one of the largest regional organizations. Expand the authority of the European Union in the field of law to be the same as the state. The European Union has a great sovereignty of the member states. Help resolve internal disputes in the European Union has two methods to resolve the internal disputes through alternative and legal means. The purpose of this paper is to look at the mechanism by the European Union as an international organization in its role to resolve disputes in the European Union. As an International Organisation which aims at maintaining world peace and security, the European Union also play the role to help resolve disputes outside the European Union. With the development of increasingly advanced, the European Union as an international organization has the effect of maintaining security and peace in the world, because it is also the European Union, have the opportunity to be able to play non-member countries to resolve disputes, without passing the limits of the sovereignty of a non-member country. Keyword: European Union, Dispute Resolution, Member States and non-State Member.

PERUBAHAN ENTITAS PALESTINA OLEH PBB DAN EKSISTENSINYA SEBAGAI NEGARA PEMANTAU NON ANGGOTA Windy Widya Utami; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT THE CHAGE OF PALESTINE’S ENTITY BY UNITED NATION AND ITS EXISTENCE AS A NON MEMBER OBSERVER STATE Israel - Palestinian conflict began when the issuance of UN resolution dividing Palestine into two parts. Israel getting more land while the Palestinians got smaller parts. The conflict culminated when Israel established the State of Israel in 1948 in Palestine by the resolution. Ongoing conflict, not a civil society of both Palestinian and Israeli victims. Palestine is a country that was fighting for its independence. In goal it formed the Palestinian Liberation Movement ( PLO ) which is the official representative of the Palestinians in the international world. Monitors the status of Palestine as a non-member entity makes not having a strong juridical status in the eyes of international law when it attacked by other countries. Palestinians do not have the right to vote to apply protection to the United Nations Security Council ( UNSC abbreviated hereafter ) or prosecution by the International Criminal Court, unless the Palestinian states are willing to accept the obligations arising as a result of a peaceful settlement as stated in Article 35 of the UN Charter. Issues raised in this paper is how the basic law or the requirements for recognition of a state by the UN, how to change the status of Palestinian statehood from observer entity to non- member observer state, and how the existence of Palestine as a non-member observer state. The research method used in this thesis tends normative legal research includes a study of the principles of law, the synchronization level of the law, legal history, and comparative law. The research method used in this paper is normative legal research includes a study of the principles of law, the law of synchronization standards, legal history, and comparative law. The method used is normative research using normative juridical approach. The results of this study indicate a change in the entity State of Palestine by the UN Monitoring Non Member is a big step for the Palestinians to get justice in the International Court of Justice. And also its presence in the international community have been recognized by other countries. Keywords : Entities , Palestine , UN.

TINJAUAN HUKUM TANGGUNG JAWAB MASKAPAI PENERBANGAN SIPIL TERHADAP KERUGIAN YANG TIMBUL BERDASARKAN KONVENSI CHICAGO TAHUN 1944 Samuel B. Nababan; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Unitary Republic of Indonesia is an archipelago with inter-island intensity is high enough, so that the necessary protection against the user maximum facility cost consumers in this regard. In this study, the economic aspects of the problem include regulation of civil aviation convention in chicago, 1944, setting the technical and operational aspects of the flight by civil convention in chicago in 1944 and a form of civilian airlines chicago convention in 1944. As for the type of study of this paper is normative research . Normative research is a study of the principles of law , systematic research on law and legal research on synchronization . With the aim to compare the Indonesian positive law governing the civil aviation in the Act 1 of 2009 on Flight to chicago Convention 1944 which is the benchmark of international law in the case of civil aviation . Data sources and collection techniques used in this study is a secondary data , which consists of primary legal materials in the form of legal products such as legislation , which in this case in the form of legislation , international law conventions , declarations , and protocols . Secondary legal materials such as reference materials sourced from books , newspapers , media, internet and other media related to the issues discussed . Tertiary legal materials in the form of materials that give instructions and explanations of the primary and secondary legal materials , such as dictionaries and so on . Results from this study is that the Chicago 1944 convention has been set explicitly linked to economic aspects and the technical aspects of the airline in order to minimize accidents and forms pertanggungjawaba n of the airline when the accident occurred is of course detrimental to the consumer . Keywords : Responsibility , Airlines , Losses .

PEMBAJAKAN KAPAL DI LAUT LEPAS DITINJAU DARI HUKUM INTERNASIONAL (STUDI KASUS KAPAL MV JAHAN MONI) Yudi Tri Anantha; Arif Arif; Deni Purba
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Piracy on the high seas either conducted by foreign vessels, as well as by domestic vessels in international waters lately been causing anxiety for international shipping. Repression high seas piracy is a crime, based on the force of international law relating to the high seas piracy. A ship M.V. Jahan Moni Bangladesh flagged off the Indian coast in the Arabian Sea was hijacked by the Somali people. The Somali piracy began to board the ship after chasing MV Jahan Moni in the Arabian Sea. Problems posed in this study is how the arrangement piracy on the high seas under international law, how the hijacking of the MV Jahan Moni and how efforts in addressing the problem of piracy on the high seas in cases of MV Jahan Moni? The method of research conducted with normative legal research or legal research library is done by researching the literature, and empirical legal research. Research the applicable law is normative or legal research is also called study of literature (library research) with the acquisition of secondary data sourced cider magazines, books, journals, newspapers, online websites, and other library documents. Based on the explanations that have been described in previous chapters, it can be concluded following a piracy action on the high seas and in general initially were motivated by economic factors. But in its development and in the present situation, the phenomenon of piracy in the context of acts of violence on the high seas wider. This is considering the possibility of the threat of terrorism in the background of both the Strait of non-economic issues (ideological), where it is possible that these actions are also carried out on the high seas, as well as ships at sea. Setting piracy on the high seas under international law that is based on the 1982 UN Convention on the Law of the Sea. Geneva Convention is also in line with Article 105 of UNCLOS which states in the high seas, or in every other place outside the jurisdiction of any State every State may seize a ship or aircraft piracy or a ship or aircraft taken by piracy and under the control of piracy and arrest the people who seized the goods on board. Changes or reconsideration (revision) can be done by expanding international jurisdictions with additional protocol, adding protocol in the United Nations Convention On The Law of the Sea (UNCLOS 1982) regarding the mechanisms to prosecute pirates, UNCLOS in 1982 through amendments to the provisions of article 311 adds piracy in Sea as one of the offenses that can be prosecuted in the International Criminal Court or the International Criminal Court (ICC) and establish special courts that deal with piracy at sea. Keywords: Ship Piracy on the high seas

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