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YURISDIKSI WILAYAH UDARA SUATU NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL Yan Jefry Barus; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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ABSTRAK YURIDIKSI WILAYAH UDARA SUATU NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL Kedaulatan suatu negara tidak lagi bersifat mutlak atau absolut, akan tetapi pada batas-batas tertentu harus menghormati kedaulatan negara lain, yang diatur melalui hukum internasional. Hal inilah yang kemudian dikenal dengan istilah kedaulatan negara bersifat relatif (Relative Sovereignty of State). Dalam konteks hukum internasional, negara yang berdaulat pada hakikatnya harus tunduk dan menghormati hukum internasional, maupun kedaulatan dan integritas wilayah negara lain. Permasalahan dalam penelitian ini Bagaimana yuridiksi wilayah udara suatu Negara? Bagaimana prinsip hukum udara yang dianut bangsa-bangsa di dunia (internasional)? Bagaimana Yuridiksi Wilayah Udara Suatu Negara Dalam Perspektif Hukum Internasional? Metode yang digunakan dalam penelitian ini adalah normatif sebagai studi pustaka, pada dasarnya adalah berfungsi untuk menunjukkan jalan pemecahan permasalahan penelitian. Wilayah udara yang terdapat di atas wilayah darat, perairan pedalaman, dan laut wilayah termasuk kedalam yurisdiksi suatu negara. Hal ini terlihat dari pasal 1 Konvensi Chicago 1944 tentang Penerbangan Sipil Internasional : “Kedaulatan negara di ruang udara di atas wilayah teritorialnya bersifat utuh dan penuh (complete and exclusive sovereignity)”. Ketentuan ini merupakan salah satu tiang pokok hukum internasional yang mengatur ruang udara. Yuridiksi wilayah udara negara diterapkan adalah Yuridiksi ruang udara diatur dalam Bab II Pasal 3 dan 4 Konvensi Tokyo 1963. Menurut Pasal 3 Ayat (1) Konvensi Tokyo 1963 yang mempunyai yuridiksi terhadap tindak pidana pelanggaran maupun pidana kejahatan di dlam pesawat udara adalah negara pendaftar pesawat udara. Hak dan kewajiban negara di atas wilayah negara asing adalah sebagai berikut Lewat dengan cepat melalui atau di atas selat, menghindarkan diri dari ancaman-ancaman atau penggunaan kekerasan apapun terhadap kedaulatan, keutuhan wilayah atau kemerdekaan politik Negara yang berbatasan dengan selat, atau dengan cara lain apapun yang melanggar asas-asas hokum internasional yang tercantum dalam piagam PBB, Menghindarkan diri dari kegiatan apapun selain transit secara terus menerus langsung dan secepat mungkin dalam cara normal kecuali diperlukan karena force majeur atau kesulitan, dan Mematuhi ketentuan lain Bab ini yang relevan. Kata Kunci : Yuridiksi, Wilayah Udara, Negara

TINJAUAN YURIDIS ATAS UPAYA REFORMASI DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA DALAM MENCIPTAKAN TATANAN NEGARA-NEGARA DI DUNIA YANG BERDAULAT, DAMAI, DAN ADIL Ahmad Junaidi P; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT The UN Security Council is one of United Nations organization that has important role among the other organizations because there is a special right given to the five members of the UN Security Council called a ‘veto’. But over time and based on the age development with the complexity of global issue, there are many countries who have opinion that the UN Security Council is not suitable to the present global situation and condition. For a number of years now, there have been calls for the Security Council to be modified, modernized, and reformed. To date there exist multiple proposals on how to reform the Security Council and have been submitted to the UN General Assembly for approval. But the reform of the United Nations Security Council has not yet success because there are obstacles that disturb the reform process of the UN Security Council. This article would like to discuss about the reform of the United Nations Security Council and what the reason of the reform, and what the obstacles to the reform of the United Nations Security Council and what the law provision on reforming the United Nations Security Council. In order to support the discussion and analysis of the aforementioned issue, this research applies normative law approach and descriptive study as research method. The data is collected from library research and analyzed by qualitative study. Keyword: Reform, Security Council, Veto, United Nations.

TINJAUAN HUKUM INTERNASIONAL TERHADAP KASUS PENGGUNAAN SENJATA KIMIA OLEH SURIAH Steffy Steffy; Jelly Leviza; Arif Arif
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACTWar is something inevitable. Since war is something inevitable, people then made a regulation regulating war, which is currently known as International Humanitarian Law or IHL. This regulating war regulation is meant to make sure that a war is not done without a limit. One of the restrictions regulated by international humanitarian law is about weapons which are allowed by international humanitarian law. International humanitarian law prohibits the usage of mass destruction weapons in a war. One of the mass destruction weapons prohibited in a war is the chemical weapons. The problems which are going to be discussed in this research is first, how is international humanitarian law regarding the usage of chemical weapons in an armed conflict; second, what authority does United Nations have in cases where chemical weapons are used in an armed conflict based on international law; and third, how is international law regarding the usage of chemical weapons by Syria. The research method used in this research is the normative legal method which is done by collecting library materials and secondary data. Library materials and secondary data meant in this research is applicable international law which regulates the prohibition of the usage of chemical weapons as regulated in various international legal instruments. The result of this research is that the usage of chemical weapons by Syria has violated several international legal instruments, including Hague Conventions of 1899 and 1907, Geneva Protocol of 1925, UN Charter, Rome Statute of International Criminal Court 1998. The usage of chemical weapons by Syria has also violated international customs of war. Since international cannot be forced its enforcement, it is recommended that Syria is given a sanction, such as suspension of rights of Syria as part of General Assembly in UN. Keyword : Senjata Kimia, Suriah, Hukum Internasional

TINJAUAN YURIDIS TERHADAP KONSEP PERDAGANGAN KARBON SEBAGAI INTERNATIONAL COLLABORATIVE DALAM UPAYA PENYELAMATAN DUNIA DARI PEMANASAN GLOBAL Laurentia A. Kartika; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT Global warming and climate change are environment issues that often discussed. One way to handle the problem of global warming and climate change with carbon trading concept as a form of collaborative between developed countries and developing countries conducted by ERPA (Emission Reduction Purchase Agreement) contract has juridical aspects. Problems in this research are: how the rules of international law on global warming, how about international law governing carbon trade, how about the legal aspects of carbon trading-related international cooperation in an effort to cope with the impact of global warming, according to the agreement of ERPA (Emission Reduction Purchase Agreement). This research is a descriptive normative law because the target of this research is reviewing the rule of law that is related to global warming, and carbon trade by using library research techniques. Data were analyzed qualitatively. Global watming and climate change are regulated in The United Nation Framework Convention on Climate Change (UNFCCC). Unfccc become a reference the parties ratified this convention in making the rules further on ways to deal with global warming and climate change. The UNFCCC also became a reference for the establishment of the Kyoto Protocol that come up with the concept of carbon trading through Flexible Mechanism. One of the carbon trading concept is the CDM which allow cooperation between developed countries and developing countries. CDM project conducted by ERPA (Emission Reduction Purchase Agreement). There are some clauses in the contract of ERPA for implementation of CDM project. Projects through carbon trading scheme of the CDM is implemented appropriately and in easier way to make a growing number of countries that took part in it to address the issue of global warming and climate change. Keywords: Carbon Trade, Global Warming, UNFCCC, Kyoto Protocol, ERPA.

TINJAUAN HUKUM TERHADAP ATURAN INTERNASIONAL MENGENAI LIBERALISASI PERDAGANGAN JASA MELALUI KERANGKA PERJANJIAN WTO DAN KERANGKA PERJANJIAN ASEAN Sumanggam Wahyu; Mahmul Siregar; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABCTRACT Free trade interaction one state with another, should have any regulation of law international. Obviously, to arrange trade regulation with another states, and obligate any law regulation to captivate, if appear any dispute on that trade transaction According from that idea, issues that appointed on this observation are law international regulation about liberation trade in service, regulation dispute settlement on WTO frame agreement and ASEAN frame agreement, position of regulation AFAS directed regulation on GATS as frame agreement WTO. This observation using yuridis normative approach which to learn assembling law international principles about liberation trade on service. From the result of the observation, that law international regulation about liberation trade in service on frame agreement WTO is General Agreement Trade in Service (GATS) which the rule of basic to enclose on Annex 1b GATS. Whereas on frame agreement ASEAN, through implementation AFAS (ASEAN Framework Agreement on Service) within elimination trade border on services with on member of ASEAN. Dispute settlement on frame agreement WTO through Special Body , there is Dispute Settlement Body, whereas on ASEAN, through High Council which formed by Senior Economic Officials Meeting (SEOM) and the rule of law suitable with Treaty of Amity and Cooperation in South-East Asia (TAC). Position of regulation AFAS directed rule onward GATS , there is the implementation economic regionalism which the principle according WTO agreement. Keyword : Liberation Trade in Service, GATS, AFAS

TRANSFORMASI HUKUM UNI EROPA TERKAIT PEMBENTUKAN HUKUM NASIONAL DI INGGRIS DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL Syaravina Lubis; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT Upheaval of a country's economy is one of the reason of formation of an international organization, namely the European Union. The objectives of the European Union itself are to promote throughout the community a harmonious development of economic activities, a continuous, balanced expansion, an increase in stability, an accelerated raising of standard of living, quality of life and closer relation between states. This research has a problem formulation that consist the transformation of EU Law into law in member countries of the European Union, EU Law transformation in the UK, and the challenge as a legal action related to the transformation of EU law in the UK according to the International Organizations Law. This reasearch uses a normative research method. The results of the research on the transformation of EU law into national law of the member states are forming Regulations, Directives, Decisions shall be applied in the member states. EU law has supremacy to override national law of member states. Transformation of EU law in the UK was began with the European Communities Act 1972 agreement that was Britain ratification over EU law. Challenge as a legal action related to the transformation of EU law in the UK allowed under Article 230 and 232 EU Treaty, within filing a complaint to the national courts in accordance with a predetermined time to carry out the challenge, the challenge actions can be end up with an amendment. In conclusion, the transformation law in the EU member states in the form of Regulations, Directives and Decisions. Transformation of EU law in the UK is regulated through the European Communities Act 1972. Challenge as a legal action related to the transformation of EU law in the UK is allowed in order to create a better implementation. Advices related to this research are the transformation of EU law must be ensured that has been implemented as it should. Transformation of EU law in the UK should be ensured that EU law can overriding British National Law in case of conflict with EU law that is directly effective. Talks in depth, ask opinions of representatives of each member state in order to reach unity for ease of implementation of EU law in member states as well as minimize the action of challenge against EU law. Keywords : European Union, Law Transformation, Challenge.

PENGATURAN HUKUM INTERNASIONAL TENTANG TANGGUNGJAWAB NEGARA DALAM PENCEMARAN UDARA LINTAS BATAS Dina S.T Manurung; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT Frequent environmental damage, environmental damage is not a problem to be a novelty in the worl of international. Particularly deforestation occurred in Riau consequently perceived by people around the forest and surrounding communities Sumatra and also covers aspects of the country off limits resulting in losses for communities neighboring Indonesian citizens. Forest fires in Indonesian has resulted in air pollution in some countries, Malaysia and Singapore in particular countries. Smog problem of forest fires in Riau has become an international issue because the case raises pollution in neighboring Malaysia and Singapore to protest against Indonesian over the cross-border isssues. In the completion of this environmental problem first needs to know which is the principle of state responsibility under international law to make it easier to understand, and need to know what are the settings associated with smoga pollution in the sphere of internationall environmental law. If both are known, it will be easier to know what kind of responsibility do Indonesia associated with smog that cuts across disturbing neighboring. Therefore, legal research methods applied in writing is to use normative research is research that perform searches against the legal norms contained in the applicable rules of dispute resolution such as charter United Nations, Geneva Conventions and Declarations Stockholm and other sources as well obtain materials with library research. The ultimately resulted in the writing of some the conclutions that transboundary air pollution problems can be solved by means of peace, without having to bring to the International Court of Justice as well as fixed priority no party weighed no party, either party to the state that suffered environmental damage, as well as countries that felt the impact of the environmental damage. Because of the environmental issues become issues that must be dealt with together, with respect to international cooperation in the field of international environmental move. Keywords : International Law, State Responsibility, Transboundary Haze Pollution

SENGKETA PULAU KURIL ANTARA RUSIA DAN JEPANG DITINJAU DARI HUKUM INTERNASIONAL Donny Tanaka Silalahi; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACTJapan is one country that is quite influential in the Asia-Pacific because the Japanese have a tremendous economic power. Asia and even the world economy is almost dominated by the Japanese-made products such as electronic goods and automotive. However, despite having a fairly strong economic power, Japan is one country in the world that military power is dependent on other countries the United States. Formulation of the research problem is: How can the setting status of the islands of territory in international law. How does the conflict between Russia and the Kuril islands Japan. How Kuril Islands Dispute Resolution in International Law. This type of research used in this study is normative. Normative legal research is a research method that refers to the legal norms contained in laws and court decisions. The setting of the sovereignty and maritime jurisdiction in a comprehensive manner the efforts of the four 1958 Geneva Conventions governing the territorial sea and contiguous zone, fishing and conservation of living resources in the high seas, the continental shelf and the open sea. However, the range of the 1970 convention began to be considered no longer adequate and emerging demands to review the contents of the convention. Ownership of the Kuril Island conflict between Russia and Japan, the Kuril islands were taken over by the Soviet Union (the old name of Russia) between 28 August to 5 September 1945, after Japan surrendered unconditionally to the Allies on August 15. In 1951 the San Francisco Security Treaty stated that Japan must surrender all claim to the Kuril islands to the allies. This agreement also does not recognize the sovereignty of the Soviet Union. So the demands of the Soviet Union over the Kuril islands is also not the case. The Soviet Union finally use the results of Yalta agreement as a legal basis. Kuril Island dispute resolution according to international law, the Kuril Islands dispute between Japan and Russia are based on international law and the principles used in resolving disputes islands claimed by Japan, these solutions include: Arbitration, Settlement through the diplomatic track, the International Court Resolution through referendum Keywords: Dispute Kuril Islands, Russia, Japan

PERANAN INTERNATIONAL ATOMIC ENERGY AGENCY UNTUK MENGAWASI PROGRAM NUKLIR IRAN DALAM KAITANNYA DENGAN IMPLEMENTASI JOINT PLAN OF ACTION 2013 Ekpi Yoksara Simbolon; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

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ABSTRACT International Atomic Energy Agency has the main role in the nuclear field. It is the Agency’s programmes for promoting peaceful uses of nuclear technology, and also ensuring that State’s nuclear activities is not used to such any military purpose. It applies safeguard to deliver effective nuclear verification. The method used in this thesis is normative legal research by analyzing articles of International Treaties such as Statute, Charter, Convention and Agreement. The results showed that IAEA has the authority to implement monitoring and verification in relation to the nuclear-related measures set out in the Joint Plan of Action 2013. Monitoring and verification are to confirm that Iran has undertaken the “voluntary measures” during the first six months. IAEA has started to undertake monitoring and verification in relation to the measures set out in Joint Plan of Action. Keywords : IAEA, Iran’s Nuclear Programme, Joint Plan of Action 2013

TRANSFORMASI HUKUM UNI EROPA TERKAIT PEMBENTUKAN HUKUM NASIONAL DI INGGRIS DALAM PERSPEKTIF HUKUM ORGANISASI INTERNASIONAL Syaravina Lubis; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 2, No 2 (2014)
Publisher : Journal of USU International Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (118.366 KB)

ABSTRACT Upheaval of a country's economy is one of the reason of formation of an international organization, namely the European Union. The objectives of the European Union itself are to promote throughout the community a harmonious development of economic activities, a continuous, balanced expansion, an increase in stability, an accelerated raising of standard of living, quality of life and closer relation between states. This research has a problem formulation that consist the transformation of EU Law into law in member countries of the European Union, EU Law transformation in the UK, and the challenge as a legal action related to the transformation of EU law in the UK according to the International Organizations Law. This reasearch uses a normative research method. The results of the research on the transformation of EU law into national law of the member states are forming Regulations, Directives, Decisions shall be applied in the member states. EU law has supremacy to override national law of member states. Transformation of EU law in the UK was began with the European Communities Act 1972 agreement that was Britain ratification over EU law. Challenge as a legal action related to the transformation of EU law in the UK allowed under Article 230 and 232 EU Treaty, within filing a complaint to the national courts in accordance with a predetermined time to carry out the challenge, the challenge actions can be end up with an amendment. In conclusion, the transformation law in the EU member states in the form of Regulations, Directives and Decisions. Transformation of EU law in the UK is regulated through the European Communities Act 1972. Challenge as a legal action related to the transformation of EU law in the UK is allowed in order to create a better implementation. Advices related to this research are the transformation of EU law must be ensured that has been implemented as it should. Transformation of EU law in the UK should be ensured that EU law can overriding British National Law in case of conflict with EU law that is directly effective. Talks in depth, ask opinions of representatives of each member state in order to reach unity for ease of implementation of EU law in member states as well as minimize the action of challenge against EU law. Keywords : European Union, Law Transformation, Challenge.

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