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TINJAUAN YURIDIS KONVENSI JENEWA IV TAHUN 1949 TERHADAP NEGARA-NEGARA YANG BERPERANG MENURUT HUKUM INTERNASIONAL Rafika Mayasari Siregar; Abdul Rahman; Arif Arif
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Rafika Mayasari Siregar[1] Abdul Rahman[2] Arif[3] Wars arise because of the hostility between the two countries (narion, religion, ethnic group, and so on) and the great battle armed between two or more forces. Of the two countries were at war and in war and the armed conflict civilians always be a victim. Wars happens between the two countries were at war causing civilians suffered minor injuries, serious injuries, and even death. I lay out the problems that are how the protection of civilians during war according to the Geneva Convention IV of 1949, how the role of International Committee of the Red Cross to a a country at war under International Law and how a violation of Geneva Convention IV of 1949 by countries at war. Authors conducted a study in this thesis is Library Research, by collecting data sourced from literature. Sources contained in this literature study is books, journals, articles, dictionary, newspaper, electronic data, also primary data as well as conventions that are used as reading in this paper. Normative Legal research that examines the ways reading, analyzing, interpreting, comparing and also translated various sources that where these resources associated with this paper. Geneva Convention IV provides the protection of civilians in time of war. This convention composed entirely 159 chapters and three attachments. Several groups of civilians to be protected is foreigners in occupied or which are also referred to citizens in the territory of the enemy civil disputants, then people who live in the occupied territories which is also called the civilian population in the occupied territories and also civilian internees in which civilians may be interned protected. International Committee if the Red Cross have a role to countries at war by providing humanitarian aid. There are some violations of the provisions of articles contained in the Geneva Conventions IV of 1949 by countries at war. [1] Mahasiswa Fakultas Hukum Universitas Sumatera Utara [2] Dosen Fakultas Hukum Universitas Sumatera Utara [3] Dosen Fakultas Hukum Universitas Sumatera Utara

PERAN PBB SEBAGAI ORGANISASI INTERNASIONAL DALAM MENYELESAIKAN SENGKETA YURISDIKSI NEGARA ANGGOTANYA DALAM KASUS STATE IMMUNITY ANTARA JERMAN DENGAN ITALIA TERKAIT KEJAHATAN PERANG NAZI Marupa Hasudungan Sianturi; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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Abstract The United Nations is the biggest international organization in the history of the cooperation growth for many international living sector to all nations in this world. In the international people association, states often get difference of interest so that it can cause a dispute or conflict of state. The existence of the United Nations can take effective in solving international disputes that occur among all nations including in solving the state jurisdiction dispute in the state immunity case between Germany and Italy. The United Nations has the International Court of Justice as the principal judicial organ of the United Nations. International Court of Justice has the competence of the court and legal binding in settle the international disputes based on the United Nations principle. The United Nations has the function through the International Court of Justice in solving the state immunity case between Germany and Italy. The method used in this research is library research data collection. The competence of the International Court of Justice based on the agreement of the state. The legal binding of the International Court of Justice Judgement in deciding international disputes only bind to the parties in case. In addition, the International Court of Justice still effort to settle the case of state immunity between Germany and Italy in peace through the system of Judicial Settlement. Keyword : The United Nations, International Court of Justice, State Immunity

PELANGGARAN HAK KEKEBALAN DIPLOMATIK ATAS DUTA BESAR ITALIA YANG DITAHAN DI INDIA DITINJAU DARI HUKUM INTERNASIONAL Natasa Fransiska Elisabeth Siahaan; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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ABSTRACT There is nosingle country inthe worldthatcanliberatethemselvesfrominvolvement withother countries. Becauseof the importanceof a countryinanotherregion ofthecountry, then relationshipwas created. Therefore, diplomaticrepresentative is determinedtoestablishfriendly relationsand to enhancecooperation betweenthe twocountries. However, there are still manycases thatthreatenoffendersdiplomatsanddiplomaticimmunityand privileges. It is as in thecase ofdetentionItalian AmbassadorinIndia. Then, it poses the question;how is the diplomaticrecognition ofrightsin international law? Howis the infringementsettlementimmunityand privileges ofdiplomaticrepresentationin termsofinternational law? Howis the infringement casesof immunityandprivilege inanItalianambassadorinIndia? The research methodusedwas library research approach ornormativeresearch, namely theeffortof selectingandcollecting datafroma wide variety ofbooks, scholarsopinion, dictionary, encyclopedia, and literatureof internationallawandinternationalpoliticalrelationsrelating tothesis writing.

PENETAPAN GARIS BATAS ZONA EKONOMI EKSKLUSIF INDONESIA DAN INDIA DALAM PENEGAKAN KEDAULATAN TERITORIAL DITINJAU DARI HUKUM INTERNASIONAL Rivai H Sihaloho; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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ABSTRACT Sovereignty of a country occured in three- dimensional force areas, namely land, sea and air is restricted by international law and the sovereignty of other countries. But often there is no apparent limit to the area of the country, especially in marine areas that pose the question of sovereignty. To uphold the sovereignty and laws of a country in the sea area needed a complete maritime delimitation and conducted under the provisions of the International Law of the Sea, which is set in the UN Convention on the Law of the Sea (UNCLOS 1982). However, in determining the maritime boundary, the Convention on the Law of the Sea 1982 needs to be studied carefully to see that large contribution to the issue of maritime boundaries. This thesis is motivated by not doing EEZ delimitation between Indonesia and India, where the border is located between Rondo island in Aceh and Nicobar islands in India. Maritime boundary of the continental shelf which is located at coordinate points specified in the Indian Ocean and Andaman Sea, has been agreed by the two countries. But problems still arise between the two countries because of frequent violations of territory by both parties, especially the illegal fishing that done by the fishermen which can disrupt diplomatic relations between the two countries. This thesis uses normative research methods. The nature of the research in this thesis is a descriptive study, and data collection techniques used are literature studies. The qualitative analysis is done using data that has been obtained through the study of literature and then analyzed and qualified in order to get an answer from the formulation of the problem Delimitation of the exclusive economic zones of Indonesia and India are urgently required given the enormous potential of Indonesian waters in that zone and to avoid bigger problems. Also remember to make such determination would affect the territorial integrity of Indonesia. In an effort determination of the exclusive economic zones of Indonesia and the Indian government can hold back approval through peaceful negotiations on the basis of international law by using the principle of equal distance (equidistant) to achieve a fair way out unless there are special circumstances that should be considered so as not to harm the national interests of both countries. Keywords: Exclusive Economic Zones, Territorial Sovereignty

PERANAN HUKUM DIPLOMATIK TERHADAP TENAGA KERJA INDONESIA DI LUAR NEGERI Ayu Nika; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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ABSTRACTKeywords : Hukum Diplomatik, Tenaga Kerja Indonesia, Internasional

TINJAUAN HUKUM INTERNASIONAL MENGENAI EKSISTENSI KONSUL KEHORMATAN (HONORARY CONSUL) DALAM HUBUNGAN KONSULER (STUDI KASUS: KONSUL KEHORMATAN JERMAN DI MEDAN) Kania Syafiza; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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Abstract Regarding of the implementation of peaceful relations between countries, which generally marked by the opening of diplomatic relations and in addition followed by the opening of consular relations. Diplomatic relations are political while consular relations is non-political and tends to take care of administrative and commercial issues. To carry out consular functions in a foreign country who establishes consular relations with it, a country appointed the consular officer. Vienna Convention 1963 classifies consular officials into namely Career Consular Officers and Honorary Consular Officers. Indonesia and Germany have officially established diplomatic relations since 1952 and at present Germany representatives in Indonesia consists of an embassy and three Honorary Consuls, one of which located in Medan. The scope of consular relations by Germany Honorary Consul in Medan consists of honorary consulate opening, the appointment of honorary consuls and operational matters of consular relations by the honorary consul. Tasks and functions of the of Germany Honorary Consul in the field are based on the provisions contained in Konsulargesetz which is an affirmation of the Vienna Convention 1963. While the immunity and privileges acquired by Germany Honorary Consul in Medan in carrying out its tasks and functions are very limited. It is recommended for reasons of economy and efficiency, the appointment of honorary consuls may be the right choice for countries that want to open a consular representative at the present time. In carrying out its tasks and functions, Germany Honorary Consul in Medan can enhance its role as a liaison of the business activities between Germany and Indonesia. Therefore, in terms of granting immunities and privileges of the Honorary Consul, Indonesia and Germany should make a special agreement on the matter in order to ensure a honorary consul can carry out his functions without a hitch Keyword: diplomatic, consular, relation

PERLINDUNGAN TERHADAP KORBAN PELANGGARAN HAK ASASI MANUSIA (HAM) BERAT DI KOREA UTARA MENURUT HUKUM INTERNASIONAL Nella Octaviany Siregar; Chairul Bariah; Abdul Rahman
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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Abstract: Human Rights are basic rights bestowed by God on human beings, are universal to be protected, respected, maintained, and should not be ignored, reduced or taken away by anyone. It is therefore the responsibility of the State as well as collateral for enforcement against violations of human rights principles. The UN as an international organization in its charter has been put respect and appreciation for human rights into the Charter that dsebut The Universal Declaration of Human Rights were adopted unanimously by the General Assembly of the United Nations General Assembly on December 10, 1948. Human rights violations in North Korea should have been the responsibility of the State concerned, and also it is a shared responsibility of the international community. North Korea as one of the countries with the worst human rights records. North Koreans have been referred to as the "most brutalized people in the world", due to the severe restrictions placed on the top of their political and economic freedoms. The North Korean government has committed human rights violations in the form of crimes against humanity against the civilian population, so in this case the UN acts as a protective shield against the civilian population, so that the perpetrators can not act arbitrarily in treating civilian population. Keyword: Human Rights, North Korea

PRINSIP NATIONAL TREATMENT HAK KEKAYAAN INTELEKTUAL DALAM PELANGGARAN MEREK ASING MENURUT HUKUM INTERNASIONAL Ojita Aziziyah; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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Abstract : In exchange for trade in goods and services, the right brand plays an important role as an element of differentiation between the products with other products as well to be the identity element of the product. High competition and ethical behavior that is not good business to encourage misuse, or forgery even prohibition of such mark. But the era of free trade, and globalization of these constraints must be addressed by each country through various conventions-International conventions in which one of them is the application of the principle of national treatment which demands equal treatment between a product from outside the country from within. In terms of brand, these principles also calls for the abolition of restrictions even desire to also protect foreign brands coming into a country.

PERLINDUNGAN TERHADAP PERS DI NEGARA YANG SEDANG BERKONFLIK MENURUT HUKUM INTERNASIONAL Jean Bernard Myson; Abdul Rahman; Jelly Leviza
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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ABSTRACT Release victims who were killed or wounded in armed conflict more annually increasing . International humanitarian law set in the Art . 79 Prot . Annex I to the second as the protection of civilians in armed conflict . They can not be targeted directly and can not be used as a shield . Military forces must take all necessary measures to protect civilians in conflict areas against the effects of military operations . However , Press who participated in military activities as well as any loss of immune status as civilians dlindungi by international humanitarian law . For example , by equipping themselves with the tools of armed or become a spy for the adverse party . Prisoners must not be tortured or executed without trial before an independent court . Media tools are not military facilities , even if they are used for propaganda or to incite the population to commit atrocities against racial or religious groups or other minorities . According to Art . 52 Prot . Annex I , they should be viewed as a civilian object . For example , a radio station can not be targeted directly , and must be protected against any effects of military operations . Many of the attacks against the press was never investigated because the error is managed by the recognition . The press will always be targeted but the whole international community should do its best to prevent such action . Attacks on Press are a threat to the peace and prosperity of all countries in the world . Keywords : Protection, Press, Press Release Protection, Conflict Countries

BERLAKUNYA STATUTA FÉDÉRATION INTERNATIONALE DE FOOTBALL ASSOCIATION (FIFA) DIKAITKAN DENGAN KEDAULATAN NEGARA (STUDI KASUS DUALISME PERSATUAN SEPAKBOLA SELURUH INDONESIA (PSSI)) Hotman Bintang Parulian Aruan; Ningrum Natasya Sirait; Jelly Leviza
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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ABSTRACT This study aims to determine how the statute owned by an international sports federation which is an international non governmental organizations, Federation Internationale de Football Association (FIFA) on its relation to the sovereignty of a country, and this case is appeared on dualism that happened ini one of FIFA member, Football Association of Indonesia (PSSI). In the dualism of PSSI case, the Indonesian government urged to resolve the problem of PSSI but it is tangent to the articles in the FIFA Statutes which prohibits any intervention, including one from a country through the government, on the problems faced by members of FIFA and if that happens, there will be sanctions provided to the country's football association. The problem in this thesis is how to give FIFA a position as an international organization under international law, how the role of the FIFA Statutes as Lex Sportiva in the international community, and how the FIFA Statutes applicable to the sovereignty of the state in the dualism of PSSI case. The method used is the normative legal research with library research used to obtain secondary data required which includes primary legal materials, secondary and tertiary related issues. The results of the study are presented descriptively in order to obtain an explanation of the issues discussed. The results showed that the FIFA Statutes is Lex Sportiva and applied as a transnational law and binding its members in performing all activities. Applicability of Statutes of FIFA against the sovereignty of the state in the dualism of PSSI indicated by the Indonesian government involvement in resolving the case by holding to the FIFA instructions to guide the parties to the dispute and not to interfere and take PSSI directly. Here it can be seen that the Indonesian government run it with respect to the presence of FIFA and it statutes. FIFA also assumed that the Indonesian government did not intervene in the matter so that it did not issue any sanctions. With the harmonization between the Indonesian government involvement and the enforcement of the FIFA Statutes, PSSI then can solved the dualism problem. Keywords : Statutes, FIFA, FIFA Statutes, State Sovereignty

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Journal Mail Official
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Sumatera utara

INDONESIA