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ANALISIS YURIDIS MENGENAI KETERWAKILAN NEGARATERHADAP ORGANISASI INTERNASIONAL DITINJAU DARI HUKUM INTERNASIONAL Wira Paskah; Chairul Bariah; Arif Arif
Journal of USU International Law Vol 5, No 5 (2017)
Publisher : Journal of USU International Law

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ABSTRACT International Organization is a form of a collection of countries as members established under agreements agreed upon by each party and have the same objectives and have rights and obligations in the activities of that organization. In this case, including one for the representation of an international organization. One form of representation in international organizations is to send representatives to other countries. Back diplomatic that has been done since the first. A diplomatic representative is considered a representative of the state in a country's representation of an international organization. The method used is normative juridical, ie research conducted on applicable legal norms, both legal norms derived from national law as well as legal norms derived from international law. The normative juridical research method is a scientific procedure for discovering truth based on the analytical nature, behavior and norms of international law, the relationship with the representation of the state against international organizations. Based on this study, it can be concluded about the state's attachment to an international organization that has been regulated in the Vienna Convention 1975 (Vienna Convention on the Representation of States in Relation to the International Organization with Universal Character 1975. The State's representation of the international organization itself becomes a right. Is responsible for the international organization in which it further clarifies the existence of international organizations. Keywords: International Organization, Vienna Convention 1975, Representation Country

PENYALAHGUNAAN WEWENANG OLEH PEJABAT DIPLOMATIK DALAM MELAKSANAKAN TUGAS DIPLOMATIKNYA DITINJAU DARI ASPEK HUKUM INTERNASIONAL (Studi Kasus Penganiayaan Terhadap TKI oleh Duta Besar Arab Saudi di Jerman) Hanna Safira Nasution; Chairul Bariah; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACTOne form of cooperation between countries in the world is in the form of International Relations by placing diplomatic representation in various countries. This Diplomatic Representative has the right of immunity and privilege against the law of the receiving State Jurisdiction as well as civil and criminal immunity against witnesses. The purpose of this study was to find out the abuses of immunity and privileges committed by Saudi Arabian diplomatic officials against his personal servants in Germany. The normative method used in this study focuses on the legality of legal norms Positive immune rights and privileges granted by the Vienna Convention of 1961 to ensure the Implementation of diplomatic functions, but that does not mean diplomatic officials can be free To act in the recipient country. As a representative of the sending country, he shall respect the law and the rules of the receiving country (Article 41 paragraph 1 of the Vienna Convention of 1961). One of the Immunities enjoyed by diplomatic agents is the immunity from the criminal jurisdiction of State acceptance (Article 31 paragraph 1 of the Vienna Convention of 1961). If a diplomatic agent violates the laws and regulations of the receiving country, he can not be subject to sanctions under national law to accept the State because he enjoys immunity as found in Article 31 paragraph 1. In the case of 2009 Personality in Germany. The diplomat's private servant is an Indonesian migrant worker, named Dewi. Diplomat Of Saudi Arabia and his family did not pay wages according to agreement, Dewi was physically abused, and her passport was arrested. The actions of the diplomat and his family violated the provisions of Article 41 of the Vienna Convention of 1961. As the representative of the sending country (Saudi Arabia), the Diplomat could not be punished by German national law in chapter 31 verse 1 at the Vienna Convention of 1961. Keywords: Immunity and privilege, diplomatic officer, Vienna Convention of 1961

PERAN PEMERINTAH REPUBLIK INDONESIA DALAM MENANGGAPI TUDUHAN ATAS PELANGGARAN HAM DI PAPUA Rahmah Sulaiman; Abdul Rahman; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT THE ROLE OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA IN RESPONDING TO ALLEGATIONS OF HUMAN RIGHTS VIOLATIONS IN PAPUA Rahmah Sulaiman Abdul Rahman, S.H. M.H. Dr. Sutiarnoto, SH., M.Hum. The unitary state of the Republic of Indonesia is a sovereign State so that no country can intervene or interfere with any problems encountered by the Republic of Indonesia in its national scope.As recently seven countries in the Pacific Islands have alleged that Indonesia is violating human rights in Papua. It was expressed by them in the United Nations forum, and according to Indonesia it includes the attitude that intervenes the sovereignty of the Unitary State of Republic of Indonesia.Indonesia responds to it through its right of reply in the United Nations forum. The type of research used in writing this thesis is normative legal research. Also, in this study the method of legislation approach is used by using primary and secondary legal materials.The required data is collected by means of library research and then presented systematically and analyzed by qualitative analysis method. The results of this study indicate that Indonesia has played its part by responding to statements from seven Pacific Countries accusing Indonesia of violating human rights in Papua. Indonesia takes diplomatic action in its right of reply at the UN forum.In essence, Indonesia denies the allegation by stating that Indonesia is a country that upholds human rights in which, in this case, Indonesia has ratified eight out of nine human rights instruments.And Indonesia has also made legal efforts in enforcing human rights in Indonesia by establishing an official institution or commission dealing with human rights issues in Indonesia.Furthermore, Indonesia states that Indonesia has a mechanism to deal with problems in Papua without any unnecessary intervention from any party. Keywords: human rights, diplomatic action

TANGGUNGJAWAB NEGARA TERHADAP WARGA NEGARA INDONESIA YANG MENJADI KORBAN PEMBAJAKAN KAPAL DITINJAU DARI HUKUM LAUT INTERNASIONAL Laila Fitriani Siregar; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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THE RESPONSIBILITY OF THE STATE TOWARDS THE CITIZEN OF INDONESIA WHO BECAME VICTIMS OF THE HIJACKING OF THE SHIP IN TERMS OF INTERNATIONAL LAW OF THE SEA ( A case study of piracy Ship Mv Delay Brahma And Tongkang Anand 12 by a group of Abu Sayyaf -2016). ABSTRACT Laila Fitriani Siregar * Prof.Dr.Suhaidi.SH.,M.H. ** Arif SH., M.H *** Ship hijacking is one of kind of transnational crime that disrupts international shipping lines and sea order. The arrangement of ship hijacking has been regulated in various international agreements which are among others : United Nation Convention on the Law of the Sea ( UNCLOS 1982), Convention for the Supression of Unlawful Acts Againts the Safety of Maritime Navigation ( The SUA Convention), and some of PBB resolutions about piracy. In 2016, 10 Indonesian citizens become victims of ship hijacking carried out by abu sayyaf group when they crossing at the fhilipin watres. The problem in this writing is : What is the arrangement of ship hijacking at the sea under international maritime law and national law, How is law enforcement of ship hijacking in the territorial sea of fhilipina according to the perspective of international law, and how is the responsibility of the rebublic of indonesian to its citizens who are victims of the hijacking of ships by abu sayyaf group. This writing is made through normative legal research using primary, secondary, and tertiary data. Combined data through literature study and analized normatively-qualitative. State responsibility to its citizens who are victims of hijacking of ships abroard can be done through with diplomatic rights owned by the state. The provisions of international law regulated in UNCLOS and other international treaties require each country to arrest and prosecute any person or ship suspected of being a perpetrator of piracy through state-owned jurisdiction either in its territory or at the high seas. The establishment of a special court of piracy is necessary to provide legal certainty that affirms law enforcement of ship hijacking at sea and handling of pirate ship perpetratos at the sea. Keywords : Diplomatical Protection, Victims of Piracy, The Responsibility State

MUTUAL RECOGNITION ARRANGEMENTS (MRAS) DALAM RANGKA MASYARAKAT EKONOMI ASEAN (ASEAN ECONOMIC COMMUNITY) DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN PENGARUHNYA TERHADAP HUKUM NASIONAL INDONESIA Tony Kesuma; Sutiarnoto Sutiarnoto; Mahmul Siregar
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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Mutual Recognition Arrangements (MRAs) in ASEAN Economic Community in the perspective of International Law and its effect in National Law. ABSTRACT Tony Kesuma* Sutiarnoto** Mahmul Siregar*** ASEAN (Association of South East Asian Nations) is a regional organization that is composed of 10 Nations, namely Indonesia, Thailand, Malaysia, Brunei Darussalam, Lao, Cambodia, Singapore, The Phillippines, and Vietnam. ASEAN is created to strengthen the diplomatic bond and increase the economies between member states. Because ASEAN also focuses on economy section, of course ASEAN already made quite a lot of programs to increase and generalizing the quality of human resources and chance of work, which one of their program is Mutual Recognition Arrangements (MRAs). The method author uses in this Journal is a Juridical Normative methods with category of Non Judicial Case Study, where author will explain about Mutual Recognition Arrangements (Especially in Service Sector), what MRA is in International Law, and its effects in Indonesia, especially in Legal sector. Resources in this Journal is mainly quoted from books, Law Articles, or other literatures. The Effect of Mutual Recognition Arrangements (MRAs) in National Law is the making of Presidential Decree Number 82 Year 2002 about endorsement of ASEAN Framework on Mutual Recognition Arrangements (ASEAN MRAs), and Ministerial Regulation of Communication and Informatics Number 16 year 2012 about Guidance on the Implementation of the Recognition of a Foreign Country Test Center. There is also description about foreign worker in the professions mobilized by Mutual Recognition Arrangements in national law article, such as Article 18,19,21, and 22 of Law number 11 Year 2014 about Engineering, Article 24, 25, and 26 in Law number 38 Year 2014 about Nursery, Article 19, 20, 21, and 22 Draft Bill of Architectur, Article 7 of Ministerial Regulation of Trade number 14/M-DAG/PER/3/2006 about Provisions and procedures for Issuing a survey service business license, Article 30, 31, 32, and 50 of Law number 29 Year 2004 about Practice of medicine, Article 7 of Law Number 5 Year 2011 about Public Accountant, and Article 53 and 56 of Law number 10 Year 2009 about Tourism.

PERAN ORGANISASI INTERNASIONAL REGIONAL DALAM PENYELESAIAN SENGKETA INTERNASIONAL Anita Anita; Chairul Bariah; Mahmul Siregar
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT Dr. Chairul Bariah, S.H., M.Hum* Dr. Mahmul Siregar, S.H., M.Hum** Anita*** Disputes can be happen anywhere and to anyone. Disputes can occur between individual with individual, individual with groups, groups with groups, or countries with other countries. In other words, dispute can be a private, public, national or international problem. Dispute is a situasion where there are parties who feel harmed by another parties, which afterwards the parties expressed his dissatisfaction to the second parties. If both parties shows different opinion, then there is what called a dispute. Disputes between members of the international community can occur due to several reasons, such as for military, political, economic and ideological reasons. A hostile attitude that begins because of dissent can also lead to disputes. It is not imposible when disputes between nations lead to be an armed conflict if both parties do not agree to make peace. As the problem in this research is the role of regional international organizations in international dispute resolution. The research used is normative juridical with descriptive. The data used in this study are primary legal materials, secondary legal materials and tertiary legal materials. Methods of datacollection are using literature study. Data analysis is done qualitatively. The Regional International Organization may serve as a platform for resolving disputes among its members. The role of this organization continues to grow because the international community tends to establishinstitutions in the scope of its territory. Settlement of disputes through regional international organizations also has more value in peaceful dispute settlement in its territory. Keyword: The Regional International Organization, Regional Disputes Resolutions

TINJAUAN HAK LINTAS DAMAI DI LAUT TERITORIAL DALAM PERSPEKTIF HUKUM NASIONAL DAN INTERNASIONAL Melinda Gultom; Suhaidi Suhaidi; Arif Arif
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT OVERVIEW OF THE PEACE RIGHTS IN THE TERRITORIAL SEA IN NATIONAL AND INTERNATIONAL LAW PERSPECTIVES Melinda Gultom* Suhaidi** Arif*** Indonesia is the largest archipelago country in the world. As an archipelagic country with vast sea and long coastlines, maritime and maritime sectors are becoming very strategic for Indonesia. In this regard, Indonesian waters must be protected judicially from the threat of lawlessness as a result of non-compliance with applicable national and international laws. This research formulates issues concerning the regulation of peace rights under national law, the arrangement of the right of peace in international maritime law and the enforcement of foreign ships in Indonesian territorial sea the relevance of the right of peace. The method used in this study is the normative juridical method with data collection techniques in the form of document studies and legislation. The result of the research that since Djuanda Declaration, the Government of Indonesia continue to strive for the concept of insight of the archipelago to the countries in the world in international forums both bilaterally, trilateral and multilateral, the result of diplomacy is the acceptance of the Islands State in UNCLOS 1982. Then in the right of peace transnational state must respect the right of peaceful passage for foreign vessels to pass through its archipelagic waters in accordance with the provisions and regulations applicable in UNCLOS 1982 and law enforcement for foreign vessels in Indonesian waters has been regulated in legislation in the form of Conventions, Declarations and Laws nationally, but the facts on the ground proved a violation committed by foreign ships crossing the Indonesian territorial sea. Keywords: Lintas Damai, Teriorial Sea, National and International Law

TINJAUAN HUKUM INTERNASIONAL MENGENAI OTORISASI PENGGUNAAN PRIVATE MILITARY CONTRACTORS (PMC) OLEH DEWAN KEAMANAN PBB Elsyam Maulana; Suhaidi Suhaidi; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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ABSTRACT Elsyam Maulana Suhaidi Sutiarnoto In the political history of mankind, most of many events which were written are wars and peace. From the World War I, World War II, The Cold War, and apparently most of recent wars occurred, need an abundant of troops in which were/are expected to be able to fulfill the purpose of war of many countries. Due to the lacks of states in accommodating the amount of their national armies, therefore there is an expansion of private sectors as contractor of military and security services which nowadays are globally known as Private Military and Security Companies (PMSC) The research of the paper mainly uses the method of Normative Legal Writing Approach (Normative Judiciary) with Qualitative Data Approach. The method of Normative Judiciary is used within this research is harnessed to explore on the legal norms in the constitution regarding Private Military Contractors or companies which provide the private military services in order to be perceived upon the International Laws. The involvement of Private Military Contractors (PMC) in peacekeeping and security had been commenced from the Peace Operation in Africa, 1992, and begun to be seen from the 90s up to now. Contextually, due to the chaotic understanding upon the role, status, accountability, the regulation of the private military firms, and the international practice of PMC, therefore the role of UN Security Council (UNSC) and its authority in the sphere of national military activities of nations within international military conflicts is profoundly necessary. Based on the perspectives aforementioned, the research is able to formulate some of main problems incurred such as on how is the regulation of PMC in International Laws, on the use of PMC which is commonly globally practiced by the states, and on the role of UN Security Council (UNSC) in regards to authorize the states to use the PMC services within Enforcement Missions. In the end, we are able to summarize that the authorization of the use of Private Military Contractors (PMC) by UN Security Council is conductible upon nations based on the International Laws in general. Keywords: Private Military Contractors (PMC), Authorization 1The Student of Law Faculty of Universitas Sumatera Utara 2The Supervisor I, The Professor in Law Faculty of Universitas Sumatera Utara 3The Supervisor II, The General Academic Lecturer in Law Faculty of Universitas Sumatera Utara

TANGGUNG JAWAB NEGARA TERHADAP ORANG ASING MENURUT HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA Siti Sarra; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 5, No 7 (2017)
Publisher : Journal of USU International Law

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RESPONSIBILITIES OF STATE TO PEOPLE BY INTERNATIONAL LAW AND INDONESIAN NATIONAL LAW Abstract Siti sarra* Sutiarnoto** Jelly leviza*** As the subject of International Law, countries have international rights and obligations. The state's responsibility to the individual is substantially determined by that country's territory and the nationality of the individual concerned. As for the problem in this research is how the protection against foreigners based on national law,how to protect foreigners under international law, and how the state is responsible for foreigners according to international law, with the title "Responsibility of the State Against Foreigners under International Law and Indonesian National Law". This research is a normative juridical research with descriptive nature. The data used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection method used is literature study.Data analysis is done qualitatively. Legal protection for foreigners under national law can be found in Law Number 6 Year 2011 on Immigration, Law Number 16 Year 2009 on Ratification of Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Covention Against Transnational Crime, and Law Number 6 Year 2012 on Legalization International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Legal protection for foreigners under national law can be found in the Montevideo Convention of 1993, The United Nations Declaration on Human Rights, dan The International Covenant on Civil and Political Rights. The state's responsibility to foreigners under international law is laid down in Draft Article on Responsibility of States for Internationally Wrongful Acts consisting of International Minimum Standard and National Minimum Standard, so that the state is responsible for the good treatment of its citizens or foreign nationals without any discriminatory state treatment in order to achieve equal legal protection. Key Words : Responsibility of State, Foreigner, National Law.

RELEVANSI PROGRAM ASEAN Economic Community (AEC) DENGAN KEBIJAKAN PEMERINTAH DALAM MENINGKATKAN PEREKONOMIAN DAN SUMBER DAYA MANUSIA DI BIDANG PARIWISATA DI INDONESIA Siti Shindy Revani; Abdul Rahman; Arif Arif
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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ABSTRACT *) Siti Shindy Revani **) Abdul Rahman, SH., M.H ***) Arif, SH., M.H Globalization requires ASEAN to create regional integration in Southeast Asia, one of the main pillars of ASEAN Vision 2020 is the ASEAN Economic Community (AEC) where one of its fields is Tourism.The problem that will be raised in this research is how to regulate the ASEAN Economic Community (AEC) in ASEAN regional organizations, form of cooperation in the Tourism sector within the scope of the ASEAN Economic Community (AEC) and also ASEAN Economic Community (AEC) program in Tourism sector in economic development and Human Resources in Indonesia. The purpose of this research was to determine the arrangements regarding AEC in ASEAN regional organizations, forms of cooperation in the of Tourism within the scope of the AEC and AEC program in Tourism sector in economic development and Human Resources in Indonesia. In this writing is a normative legal research. The data obtained and processed in this research are secondary data derived from library sources and then data were analyzed with qualitative descriptive. The results of this research shows that the arrangement of the ASEAN Economic Community (AEC) in ASEAN regional organizations cannot stand alone where it becomes a package of regionalism policies.The form of ASEAN Economic Community cooperation in the Tourism sector are between Indonesia and Singapore by signing the Memorandum of Understanding (MoU) on Tourism Indonesia-Singapore and between Indonesia and Vietnam is The Joint Commission Indonesia-Vietnam on Economic, Scientific and Technical Cooperation (JCESTC). The AEC program in the Tourism sector in economic development and Human Resources with promoting tourism programs, improving infrastructure and improving human resources through education and training. Keywords: Tourism, Economics, Human Resources, ASEAN Economic Community *) Law Studentof University of Sumatera Utara **) Counsellor I ***) Counsellor II

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