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TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN DAN KEAMANAN DIPLOMAT DITINJAU DARI HUKUM INTERNASIONAL (STUDI KASUS PENEMBAKAN DUTA BESAR RUSIA DI TURKI) Sitti Yunike Allysha; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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ABSTRACT Sitti Yunike Allysha* Dr. Sutiarnoto, S.H.,M.Hum** Arif, S.H.,M.Hum*** International Relations became one of the important aspects of the state, one of the ways is through the practice of diplomatic relations. In general, this practice is done by sending diplomatic representatives of a state to a foreign state, which is then granted immunity rights and guarantees for their safety, as provided by the Vienna Convention 1961. But in fact, the violation of these immunities and guarantees are still happening, one example of this case is the shooting of Russian ambassador for Turkey in Turkey in 2016. The issues raised in this study are how the rights and obligations of the sending state to the diplomatic missions of the foreign state, how the responsibility of a receiving state to the security and safety of diplomats and how is the settlement of the shooting of Russian ambassador to Turkey in Turkey in terms of the Vienna Convention 1961. The methodological approach used in this research study is the normative-legal research method. Firstly, this study was conducted using primary legal sources, such as analyzing the law and its codifications related to this study. Then the secondary legal sources, such as books, scientific journals, magazines, articles, and so on, as well as tertiary legal sources, such as dictionaries. The data collection techniques used in this research study was the library research. The conclusions which can be drawn from this research study are, in accordance to the Vienna Convention 1963, the foreign diplomatic representative has privileges and immunities which shall be respected by the receiving state. The receiving state has the responsibility to ensure the security and safety of diplomatic representative of the sending state. If it is violated, the sending state shall have the right to invoke the responsibility of the receiving state in accordance to the Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001. In the case of the shooting of Russian ambassador in Turkey, Russia shall have the right to invoke the responsibility of Turkey, but Russia declared that the shooting was a pure provocation by a third party. The two states were cooperating on the investigation, and the results alongside with the evidences obtained shows that the suspect is linked to the Gülenist Terror Group (FETÖ). Keywords: Responsibility of States, Protection and Safety, Diplomat, Shooting of Russian Ambassador * Student of Faculty of Law University of North Sumatera ** Advisor Lecturer I of Faculty of Law University of North Sumatera *** Advisor Lecturer II of Faculty of Law University of North Sumatera

PENYELESAIAN SENGKETA MEREK TERKENAL ANTARA IKEA SWEDIA DAN IKEA INDONESIA DI MAHKAMAH AGUNG BERDASARKAN HUKUM INTERNASIONAL Sonang Akbario; Abdul Rahman; Jelly Leviza
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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ABSTRACT Abdul Rahman, S.H., M.H.* Dr. Jelly Leviza, S.H., M.Hum ** Sonang Akbario *** Trademarks as part of copyright, especially well-known marks, had an important role as the identity of a trade goods and service. Legal protection for rights of marks is regulated in National Law number 15 of 2001 concerning Trademarks and has been replaced by new regulation, Law number 20 of 2016 concerning Trademarks and Geographical Indications. The rights holder obtain to take legal protection on the marks have been made at the Directorate General of Intellectual Property Rights. This sturdy raised issues between well-known marks with local marks that have similarity in name, this sturdy was conducted at IKEA from Sweden against local Ikea marks owned by PT.Ratania Khatulistiwa from Surabaya which had been cut to the cassation level. This sturdy method uses normative juridicial method with descriptive research spesifications. The methods used and data access are carried out information through library research or also secondary data containing primary, secondary and tertiary materials related to this subject matter. The results of the sturdy show that the regulation of well-known marks according to International Law is contained in the Article 6 bis Paris Convention and Article 16 paragraph 2 of the TRIPS Agreement, and the Indonesian National Law, based on article 6 paragraph 1 (b) of Law number 15 of 2001 concerning Trademarks and article 21 paragraph 1 (b) Law number 20 of 2016 concerning Trademarks and Geographical Indications. Paris Convention and TRIPS Agreement reject the registration of application marks that have similarities with well-known marks. Indonesian national law number 15 of 2001 and law number 20 of 2016 also rejects the registration of marks that have similarities principally with well-known marks for similar goods and services. The dispute resolution for the Ikea marks in Central Jakarta District Court of Indonesia abolished the Swedish IKEA trademark rights and this decision was strengthened by the Supreme Court’s decision on the grounds that the marks was not used by it’s owner for 3 consecutive years can be removed from the General Register of Marks according with article 61 paragraph 2 of law number 15 of 2001 amd artice 74 paragraph 1 of law number 20 of 2016, the principle of non-use also contained in the provisions of the International Law precisely at Article 19 paragraph 1 of the TRIPS Agreement Keywords : Well-known Marks, Ikea, Paris Convention and TRIPS Agreement * Supervisor Lecturer I Faculty of Law University of North Sumatera ** Supervisor Lecturer II Faculty of Law University of North Sumatera *** Student of Faculty of Law University of North Sumatera

PERANAN ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS (AICHR) DALAM UPAYA MELINDUNGI HAK ASASI MANUSIA DI KAWASAN ASEAN Cindy Vania Lumban Batu; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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ABSTRAK Dr. Sutiarnoto, S.H., M.Hum.* Dr. Jelly Leviza, S.H., M.Hum.** Cindy Vania Lumban Batu.*** Hak Asasi Manusia (HAM) merupakan hak dasar yang dimiliki manusia sejak lahir dan secara otomatis melekat dalam diri manusia dan harus dijunjung tinggi oleh semua orang. PBB dalam hal ini memberikan perhatian terhadap HAM dengan membentuk Komisi HAM di bawah Dewan Ekonomi dan Sosial PBB. Sejak dibentuknya Komisi HAM tersebut, maka muncullah berbagai pengaturan HAM yang bersifat regional di Benua Eropa, Afrika dan Amerika. Asia yang saat itu memiliki banyak kasus pelanggaran terhadap HAM, belum juga membentuk lembaga HAM regionalnya sendiri. Hal itulah yang mendorong negara-negara di ASEAN untuk membentuk ASEAN Intergovernmental Commission On Human Rights (AICHR) pada tahun 2009 sebagai lembaga HAM di kawasan ASEAN. Mengenai perlindungan HAM di level internasional dan regional khususnya ASEAN, Kedudukan AICHR sebagai lembaga HAM regional serta peran AICHR dalam melindungi HAM di ASEAN dan relevansinya dengan Indonesia akan menjadi fokus di dalam penelitian ini. Metode penelitian ini menggunakan metode yuridis normatif dengan spesifikasi penelitian deskriptif. Hasil dari penelitian disajikan secara sistematis juga terperinci melalui pengumpulan berbagai data yang dilakukan dengan melalui mencari informasi-informasi melalui studi pustaka atau juga melalui data-data sekunder yang mencakup bahan hukum primer, sekunder dan tersier yang berkaitan dengan pokok permasalahan. Hasil dari penelitian menunjukkan bahwa pengaturan HAM di level internasional berupa Universal Declaration on Human Rights, Convention on the Rights of the Child, dll. Sementara Pengaturan di level regional berupa Konvensi Negara-Negara Eropa mengenai HAM, Piagam Banjul dan Deklarasi Amerika mengenai Hak dan Kewajiban Manusia. Kedudukan AICHR sebagai lembaga HAM regional berbentuk komisi dan bersifat intergovernmental yang berperan sebagai forum komunikasi negara ASEAN dalam mengatasi permasalahan HAM. Namun, prinsip non intervensi yang dipegang ASEAN memberikan dampak lemahnya peran AICHR sebagai satu-satunya komisi HAM di ASEAN. Kata Kunci: AICHR, ASEAN, HAM Regional * Dosen Fakultas Hukum Universitas Sumatera Utara ** Dosen Fakultas Hukum Universitas Sumatera Utara *** Mahasiswa Fakultas Hukum Universitas Sumatera Utara

PERTANGGUNG JAWABAN KAPAL CALEDONIAN SKY ATAS KERUSAKAN TERUMBU KARANG YANG BERADA DI RAJA AMPAT Tasia Masyitah Purba; Abdul Rahman; Arif Arif
Journal of USU International Law Vol 6, No 1 (2018)
Publisher : Journal of USU International Law

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THE CALEDONIAN SKY SHIP’S RESPONSIBILITY FOR CORAL REEFS DAMAGE THAT WAS IN RAJA AMPAT Abdul Rahman*) Arif**) Tasia Masyitah Purba***) The sea has special properties for human life.The sea which is the breadth of water that extends between the various continents and islands in the world of function sea can be divided as a source of food for humanity, as a trade highway, as a means of conquest, as a place of battle, as a place for fun and recreation and as a means of dividing and unifying the nation.The sea makes a big contribution as a place of fun and recreation for the community, considering the natural wealth in the Indonesian sea is very diverse.Indonesia has other marine and coastal potentials that are rich in Indonesia , which are an archipelagic country , which has 17,508 groups of islands and coastal systems having various biological resources such as mangrove forests, coral reefs,Coral reef ecosystems play a role as habitat for foraging, nursery and growing up, as well as a place for spawning for marine biota. One of Indonesia's underwater wealth is coral reefs .According to the Indonesian Institute of Sciences states that coral reefs can only live in clear and shallow sea waters (less than 40 meters), with sea water temperatures of 25-28 ° c , this environment depicting tropical waters of Indonesia with its tropical climate is a very good ecosystem for coral reef growth .Lately the problem of marine pollution has become a serious concern for both national and international countries.This problem is caused by nature and also humans.And this problem is a major threat to Indonesia's coral reef damage. The writing methodusedisdescriptive method with normative juridical approach (normative legal research).intended to obtain a complete and clear picture of the problems contained in the community that are related in accordance with the legal provisions andthe applicable regulations.normative juridical approach used in this writing is writing about legal norms contained in the legislation in force and also to trace legal norms contained in the applicable dispute resolution regulations and to obtain data and informationcontained in various literature in libraries, journals, research results, internet sites, newspapers and so on. on the 4th of March 2017 the British ship MV Caledonian S who had a weight of 4,700 GT brought 102 tourists and 79 crew members and was captain of Captain Keith Michael Taylor crashing and running aground in the waters of King Ampat and causing great damage to the coral reefs in these waters .It is known that the captain of the ship refers to instructions on the GPS without considering the wave factor and other natural conditions.And therefore Indonesia seeks to hold the Caledonian Sky ship accountable for damage caused. Key word: Accountability, coral reef, the ship Caledonian Sky. * Student of Faculty of Law University of North Sumatera **1 Thesis Adviser of Law University of North Sumatera ***2 Thesis Adviser of Law University of North Sumatera

TINJAUAN YURIDIS MENGENAI KEKEBALAN DIPLOMATIK (IMMUNITY DAN INVIOLABILITY) DI NEGARA KETIGA MENURUT KONVENSI WINA 1961 Dedi Syahputra Daulay; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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ABSTRACT Dedi Syahputra Daulay* Dr.Sutiarnoto, S.H.,M.Hum** Arif, S.H.,M.Hum*** Every diplomatic representative carry out the duties and function officially enjoy the freedom to move and inviolability that nobody can interference either in receiving state or the third state. The immunity gives in order to perfom well their duties and fuction. Every single immunity they got should be protected by receiving state or the third state. The immunity itself consist with two parts, immunity and inviolability. Additionally, the immunities not only for its diplomatic repsentative but also for their family, staff even the servant shall enjoy this kind of immunity according to Vienna Convention 1961. This writing used library research approach or normative research, this method is done by collecting data as much as possible that comes from a relevant references which related to the issues, its concist the books, text, journal, jurisprudence, encyclopedia, international law literature, or even international political relation. The method used by normative law research or normative juridical that is a law research as a norm system. The norms that is related as principle, jurisprudence, agreement and doctrine. This research shown that immunity not only applicable in their receiving state but also in the third state while the diplomatic repsentative transit. Many case related to the immunities infringement the diplomatic representative did. One of them is Aljazair Diplomat flying to Brazil while transit in Dutch should face the concequence. The impact of the immunities infringement not only for the diplomat itself but also the country whom they send them for diplomatic mission. Which eventually, create a state responsibility towards the immunities infringement that diplomat do. Keyword : Diplomatic immunities, Immunity and Inviolability, Third state * Student Faculty of Law University of North Sumatera ** Supervisor I and Lecturer Faculty of Law University of North Sumatera *** Supervisor II and Lecturer Faculty of Law University of North Sumatera

TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM OLEH INTERNATIONAL LABOUR ORGANIZATION (ILO) KEPADA PEKERJA/BURUH PEREMPUAN DAN ANAK DI INDONESIA Theddy Theddy; Ningrum Natasya Sirait; Jelly Leviza
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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A JURIDICAL VIEW REGARDING THE LEGAL PROTECTIONS TO WOMEN AND CHILD’S LABOURS BY INTERNATIONAL LABOUR ORGANIZATION (ILO) IN INDONESIA *) Prof. Dr. Ningrum Natasya Sirait, S.H., M.LI. **) Dr. Jelly Leviza, S.H., M.Hum. ***) Theddy ABSTRACT Labours must have legal protections. Legal protections are given by states by national law, and international organization by International Labour Organization (ILO) with conventions and recommendations. Women and Child’s labours always being discriminated in every aspects of work, harm, and never have the rights as labours The methods of this research are the study of literature through inventory of materials from books, journals, internet, and other researches. Other materials come from international treaties such as, ILO conventions and recommendations, and Indonesia’s national laws related to the legal protection of women and child’s labour. The research shows that legal protections given by Indonesia and ILO have some relations. Indonesia as the member states of ILO have ratified conventions that give the fundamental rights to labours. Legal protections from the national law could directly achieve by women and child’s labours. ILO has essential acts, such as making conventions, recommendations, monitoring, joint between states, also tripartism and social dialogue. Tripartism is a mechamism where labours, employers, and governments meet each other. All of these are to achieve international labour standards and giving the legal protections to women and child’s labour in Indonesia. Keywords: International Labour Organization, legal protection, women and child’s labour *) Advisor I **) Advisor II ***) Student at Faculty of Law USU

PENARIKAN DIRI AMERIKA SERIKAT DARI KEANGGOTAAN KOMISI PENGUNGSI INTERNASIONAL (UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES) SUATU TINJAUAN HUKUM INTERNASIONAL Hengki Hengki; Suhaidi Suhaidi; Jelly Leviza
Journal of USU International Law Vol 7, No 1 (2019)
Publisher : Journal of USU International Law

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ABSTRACT Hengki* Prof. Dr. Suhaidi, S.H, M.H** Dr. Jelly Leviza, S.H, M.Hum*** The intensity of relations between countries in the world today is very high. Collaborations established by each countries are an effort to realize the national interests of the country. A forum for building relationships with other countries is known as International Organizations. The International Organizations are formed by the exixtence of a joint agreement that contain the rights and obligations of member countries, one of them is in terms of withdrawal from membership of International Organization. The problem of withdrawal from The United Nations High Comissioner for Refugees (UNHCR) membership is regulated in the 1951 Convention on the Status of Refugees and The Additional Protocol of 1967 is not widely regulated that in the end each country has the possibility of withdrawing. Therefore, the method used in this thesis is normative legal research which is a methid conducted on applicable legal norms, both originating from national law and international law. The normative research method is a scientific procedure for finding truth based on legal scientific logic from the normative law and the nature of research are descriptive analytical which describes national legal norms and norms of international law, related to United States withdrawal from United Nations High Comissioner for Refugees (UNHCR) membership as an International Organization. Analysis of United States withdrawal from United Nations High Comissioner for Refugees (UNHCR) membership and The New York Agreement Declaration of Refugees and Migrants under the International Law refers to article 54 of the 1986 Vienna Convention stating that withdrawal can be carried out if it is included in the relevant international agreement or can be carried out at anytime. Futhermore, it is also explained in the provisions of Article 44 Paragraph (1) of the 1951 Convention on the Status of Refugees that states every country that has become a member can cancel this convention at anytime with a notification submitted to the General Secretary of the United Nations. Thus, the actions and steps taken by the United States in this case have gone through appropriate procedures even though the act of with drawal is considered to indicate a lack of a strong commitment to overcome global problem. Key Word : International Organization, UNHCR, Vienna Convention 1986, United States, Withdrawal.

ANALISIS TERHADAP KEKUATAN HUKUM INTERNASIONAL DALAM BIDANG EKONOMI DAN DAMPAKNYA TERHADAP KEDAULATAN NEGARA REPUBLIK INDONESIA Muhammad Surya Nusantara Sandan; Sutiarnoto Sutiarnoto; Mahmul Siregar
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Dr. Sutiarnoto, SH., M.Hum*) Dr. Mahmul Siregar, SH., M.Hum**) M. Surya Nusantara Sandan***) Sovereignty over territory or territorial sovereignty is the most important element of a country, and that sovereignty is what distinguishes a country from other subjects of international law. In forming an international law in the economic field, the agreement of rights and obligations that are formed can override the sovereignty of a country that approves it. The possibility of overruling sovereignty raises several issues that will be discussed in this thesis, namely: first what is sovereignty of the state in the view of international law, secondly how does the force bind of international law in the economic field and its impact on state sovereignty, and thirdly how is the standing of the Republic of Indonesia’s sovereignty in scope of international law that govern the field of international economics. The method used in this thesis is a normative descriptive legal research method. The data used as the source of this research are secondary data, obtained from research and analysis of written law and other literature reference materials related to state sovereignty and international law in the economic field. State sovereignty is recognized in international law as an authority to carry out law in its jurisdiction, to regulate the country's international relations activities, as well as to transfer ownership of a foreign property with specified compensation. However international law prohibits the use of national law to renege on the agreement. Civilized countries voluntarily respect that provision as a gesture of good faith. So does the Indonesian state, Indonesia was once bound by obligations in an agreement which turned out to worsen the national economic situation. Obligations carried out by Indonesia include, among others, the drafting of an Act that replaces the division system of duties and authority of state organs which is part of state sovereignty, permits the privatization of SOEs, and the termination of national projects that have the potential to compete in international environment. For those reason, there must be an obligation to protect the destruction of state for international economic law that applies to it, and be required more than enough understanding and preparation for countries that intend to agree on an international agreement in the economic field. iiKeywords: State Sovereignty, International Economic Law, Binding Force of International Treaties *) First Advisor of Faculty of Law, University of North Sumatra **) Second Advisor of Faculty of Law, University of North Sumatra ***) Student of International Law Department

HAK ASASI MANUSIA TERHADAP KAUM LESBIAN, GAY, BISEKSUAL DAN TRANSGENDER (LGBT) DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA Nurul Kamila; Sutiarnoto Sutiarnoto; Jelly Leviza
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Nurul Kamila* Dr. Sutiarnoto, SH, M. Hum** Dr. Jelly Leviza, SH. M. Hum*** This study discusses the existence of lesbians, gays, bisexuals and transgender people (LGBT) in International Law and Indonesian National Law. Therefore, this study raises issues regarding: How the regulation of International Law on the existence of human rights of LGBT people, How is the regulation of national law on the existence of LGBT people and how is the comparison of Indonesian national law and International Law about the existence of the LGBT community. Thistype of research is a normative juridical research that is research conceptualized as a rule or norm based on statutory regulations. The results of research and discussion explain the regulation of International Law on the existence of human rights of LGBT people still leading to general provisions on human rights in international human rights instruments such as the UDHR and ICCPR. Then the Office of the United Nations High Commissioner for Human Rights established 5 state obligations towards LGBT people, and the formulation of the Yogyakarta Principles that addressed the rights of LGBT people. International legal instruments that specifically regulate LGBT issues do not exist, national legal regulations regarding the existence of LGBT people in Indonesia are also not found. Nevertheless, LGBT is fundamentally contrary to the Marriage and Pancasila Laws. Even though the 1945 Constitution says that every person has the right to marry and continue their descent, same-sex marriage cannot be carried out because it contradicts Article 2 of the Marriage Law and Pancasila values. iiKeywords: Human Rights, Lesbian, Gay, Bisexual and Transgender (LGBT), International Law, National Law * Student of Department of International Law ** First Advisor of Faculty of Law, University of North Sumatra *** Second Advisor Faculty of Law, University of North Sumatra

TINJAUAN YURIDIS MENGENAI IMPEMENTASI PUTUSAN MAHKAMAH ARBITRASE INTERNASIONAL DITINJAU DARI PUTUSAN “PERMANENT COURT OF ARBITRATION CASE NO. 2013-19” ANTARA FILIPINA DAN CHINA TENTANG CLAIM ATAS PERAIRAN NATUNA DI LAUT CHINA SELATAN Nico Hermawan Sipayung; Suhaidi Suhaidi; Makdin Munthe
Journal of USU International Law Vol 8, No 1 (2020)
Publisher : Journal of USU International Law

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ABSTRACT Nowadays, arbitration institutions are increasingly recognized by the public as an alternative to dispute resolution other than through the courts both in Indonesia and internationally. However, this does not mean that the method of resolving disputes through arbitration is the perfect method. Arbitration has several weaknesses, especially in terms of the recognition and implementation of international arbitration decisions. Arbitration does not have the power or authority to execute its decisions. In practice, a court has the authority to reject an international arbitration award. In this regard, this study aims to find out how the implementation of the International Arbitration Court's decision in adjudicating a regional dispute between countries. In addition, this study will also analyze decisions aimed at resolving disputes over a region's claims. This research uses a normative juridical approach. The writing method used in this study is library research through an inventory of materials from books, journals, articles, dictionaries, international legal instruments and other scientific writing related to this research. Based on the research that has been done, it can be concluded that the International Arbitration Court has the authority to decide on a territorial dispute in which the two disputing countries have been bound by a convention and deemed to have complied and obeyed the agreement made. It should be noted that in this regard, China as the defendant has ratified UNCLOS 1982 and is also a member of the United Nations. This became a bright spot in the dispute over the South China Sea waters involving the Philippines as the plaintiff. The issue of the fall of the International Arbitration Court's decision arises because of the response from China to boycott the judicial body.

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