ABSTRACT Indonesia is an archipelagic country that has various problems in managing marine resources such as illegal fishing. Article 73 of UNCLOS 1982 explains that the coastal state in exercising its sovereign rights can board ships, inspect, arrest and process courts, as necessary to ensure compliance with the laws and regulations established in accordance with the provisions of the convention. However, there are still rampant violations that occur, for example the case of KM Kway Fey 10078 which is carrying out Illegal, Unreported, Unregulated Fishing (IUU) practices in the territory of the Indonesian state. brought by the Indonesian government as evidence in court, therefore the Chinese government of China has intervened against the existing law.
ABSTRACT The Corona Virus desease (covid-19) pandemic has not only caused health problems, buta also social problems as affactor in the emergence of racial discrimination in today's world. Racial discrimination during COVID-19 was experienced by those of Asian descent who were discriminated against by Americans and Europeans. Problems: (1) what is the form of racial discrimination according to the International Convention on the Elimination of All Forms of Racial Discrimination 1965? (2) How is the juridical analysis of racial discrimination cases by Americans and Europeans against Asian races during the covid-19 pandemic? This research uses normative research methods with data sources fromm books,literature, laws and regulations and international conventions. Using literature study techniques and analyzed by qualitative analysis methods. The results of the study: (1) The forms of racial discrimination in the International Convention on the Eliminationmof All Forms of Racial Discrimination 1965 consist of restrictions, distinctions, exclusion, incitement and propaganda or spreading the theory of hate against race (2) The discovery of cases of discrimination racial discrimination carried out by America and Europe against the Asian race during the covid-19 pandemic, aimed at those of Asian descent with various forms of discrimination that violate the contents of the articles of association. articles of the convention
ABSTRACT The conditions that must be met to be recognized as the existence of a state in the recognition of international law are regulated in the 1933 Montevideo Convention. In 2021 the Taliban take control of all of Afghanistan and become the legitimate government of Afghanistan,should be recognized as legitimate power. Problem Formulation: (1) How is the position of the Taliban in the review of International Law (2) How does the juridical study of the Taliban as a group succeed in overthrowing the Afghan government. The research uses normative law.The data sources use secondary data. Data collection techniques use document studies. Research conclusions (1) the position of the new Afghan government led by the Taliban is a statement from other countries and does not affect the status and existence of the Taliban government. (2) the coup carried out by the Taliban is basically legal because international law does not regulate coups.
ABSTRACT In the era of globalization or it can be called the modern era, there are technologies that have been used even those that will be used in war, drones or drones are the most visible examples of the latest technology. Many countries have used this drone as a military weapon, including America. Like the United States, which uses drones to carry out military attacks on the grounds that these drones are the most effective weapon in eradicating terrorist networks. But in reality drones can cause suffering and cause excessive injuries to humans. Problem Formulation (1) What are the rules for the use of aerial drones according to International Humanitarian Law? (2) How is the juridical study of the killing of Iranian military officials, due to aerial drone attacks by the United States according to International Humanitarian Law, The purpose of this research is to find out about the regulations related to the use of drones as military weapons according to International Humanitarian Law and to analyze the legal whether or not the use of the drone is reviewed from international humanitarian law. The research method used is normative juridical, using a descriptive-analytical approach which is a study that describes, examines, explains and analyzes a legal regulation related to the title of the study.
ABSTRAK To avoid excessive use of foreign workers, the Government must regulate the jobs that can be carried out by foreign workers with its limitations as well as the provision of employment opportunities for Indonesian citizens themselves, for that the government must implement strict regulations for foreign workers and must supervise foreign workers working in Indonesia. The formulation of the problem is 1) How does the ILO Convention regulate the supervision of foreign workers working in an Indonesian country? 2) How is the work permit process for foreign workers working in Indonesia? The objectives of the research are 1. To find out the ILO Convention regulates the supervision of foreign workers working in an Indonesian country. 2. To find out the process of working permits for foreigners working in Indonesia. 1) Implementation of the supervision of foreign workers according to ILO 81 is to carry out a complete inspection of workers working in a country. 2) The legal basis for regulating foreign workers in Indonesia is regulated in the Law of the Republic of Indonesia No. 13 of 2003 concerning Manpower, in addition to the Manpower Law, more specifically, the regulation regarding foreign workers is regulated in the Minister of Manpower of the Republic of Indonesia No. 16 of 2015 and updated with the Regulation of the Minister of Manpower of the Republic of Indonesia No. 35 of 2015 concerning procedures for the use of foreign workers.
Modern war itself is defined as a non-military war, but rather a war with technology or industry carried out by developed countries to destroy or control certain countries through the fields of political ideology and socio-culture.Problem Formulation: 1) How to Apply the Difference Principle in International Humanitarian Law?2) How is the relevance of the application of the Distinction Principle in armed conflict or modern warfare?The method used is the normative legal research method. The principle of difference in humanitarian law that distinguishes the population of a country who is at war.This means minimizing the possibility of willful violations of humanitarian law.The application of the Distinction Principle in modern warfare is no longer relevant because those who fight are no longer humans and humans who involve the physical but war using machines.
Indian Ocean Rim Association (IORA) adalah pelopor dan asosiasi teritorial tunggal di wilayah Laut Hindia yang memegang peranan penting, terutama bagi perekonomian. Rencana masalah: 1) Bagaimana inklusi dan minat Indonesia dalam Indian Sea Edge Affiliation (IORA)? 2) Apa konsekuensi dari Indian Sea Edge Affiliation (IORA) untuk eksplorasi yuridis regularisasi ini. Sumber informasi adalah informasi penting dan informasi tambahan. Melaporkan berbagai informasi studi. Pemeriksaan berakhir: 1) Kecenderungan Indonesia sebagai kegiatan untuk mencegah praktik pencurian 2) Konsekuensi bagi Indonesia, khususnya: bidang keamanan, politik dan keuangan.
ABSTRACK The concept of the state basically has a broad scope. The state can be interpreted as a forum for the nation to achieve the ideals or goals of the nation. Disputes between countries can be disputes that do not affect international life but can also be disputes that threaten international peace and order. We can define a dispute as a dispute over a matter of fact, law or politics in which one party's claims or claims are denied, counterclaimed or denied by the other party. In a broader definition, international conflict is said to exist when such disputes involve governments, institutions, legal entities or individuals in different spheres.
The dispute, the maritime boundary of Timor Leste, Indonesia in terms of international law. Geographically, the condition of the border between Indonesia and Timor Leste is similar to the border between Indonesia and Malaysia. Both involve land and sea boundaries, as well as between Indonesia and Papua New Guinea. Seeing the Australian penomena is always a problem in negotiations because you want more of it. Most of the Australian agreements prioritize political aspects, not legal negotiations ". The President of Timor Leste clearly pays high attention to border issues. efforts to resolve international maritime law disputes. I Made AndiArsana, 2012, Establishing Maritime Boundaries with Timor Leste, Accessed from: http://puzzleminds.com/menentuk-batas-maritim-dengan-timor-leste-2/ 12 April 2014. Formulation of issues to be discussed : 1. How is the maritime boundary determination of Indonesia International UNCLOS 1982? 2. With the establishment or international regulations in the basis of 1982 Law, against Maritime Law Regulations and international actions. Types of research. In addition, according to article 308, the convention came into force 12 months after the date of depositing the 60th charter of ratification or accession. The Convention has entered into force since 16 November 1994 and until July 2004 has been ratified by 145 countries.
The international world is being hit by a deadly pandemic, namely the corona virus, this virus has spread globally with an extraordinary number of at least 216 countries have been affected by this virus including Indonesia, WHO as the International Health Organization determines the status of an international health emergency regulated in the International Health Regulations 2005 or also known as IHR 2005, Problem Formulation: (1) How are the WHO's Decision Making Arrangements regarding the Covid-19 Pandemic reviewed in the 2005 WHO International Health Regulations Constitution? (2) How is the Implementation of Decision Making by WHO in Handling Covid-19 against countries in the world, including Indonesia? Type of normative legal research. The data source used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data techniques used were document studies, qualitative data analysis. Conclusion of the research results: 1. WHO Decision Making Arrangements regarding the Covid-19 Pandemic as reviewed by the WHO International Health Regulations 2005 constitution is the WHO decision making based on the 2005 International Health Regulations (IHR 2005) contained in Article 16 through regulated regulations. in Article 53. 2. Implementation of Decision Making by WHO in Handling Covid-19 against the State of Indonesia is that the Indonesian government issues a policy to limit social activities of the community, entry and exit ownership that applies to both Indonesian citizens and foreign citizens, the economy becomes unstable.
The dispute over Kashmir was very influential and disturbing in the South Asian region, due to disputes between the two major countries namely India and Pakistan. The feud of two nations for the territory of Kashmir as the territory is still continuing and has attracted much attention from various countries in the dispute resolution efforts. The border sangketa of Kashmir has put a serious challenge for analysts as well as policymakers because the conflict is complex and heterogeneous. Kashmir was a predominantly Muslim region of the north, which had long been disputed after the British came out. Kashmir located on the border between India, Pakistan and China became a region of scramble by all three countries to this day, mainly India and Pakistan. The formulation of the problem to be researched is (1), How are dispute resolution rules between regions under international law. (2) How the dispute resolution in the region of the Khasmir occurred between India and Pakistan. The research is done in a descriptive, typology of this research is a normative juridical is a research law literature. Based on the results of the study can be concluded arrangements in international dispute resolution can be conducted by means of the settlement of a judicial institution consisting of (i) the arbitral tribunal, (ii) settlement through the International Mahkama (ICJ), (iii) Settlement of disputes through the International Criminal Court and with peaceful dispute resolution, the Kashmir territorial dispute occurred due to the conflict of the political interests of both countries and the powers manifested by unilateral claims from India or Pakistan so that the settlement decided the UN to try a new approach by sending UN representatives to India and Pakistan to find solutions that can be agreed upon by both countries. For this to see the better recticatory justice which can further trace the issue.
One of the international disputes that will be discussed here is the dispute of the Kuril Island between Japan and Russia. Originally the island of Kuril was under the rule of the Japanese Government in the fifteenth century, in the early period of Edo in Japan. It can be said that South Kuril Island has been known to the community since 370 years ago. Problem formulation: How is the international territorial dispute resolution arrangement? How is the efforts of both countries (Japan-Russia) in the dispute resolution of Kuril Island? In this research, authors use normative juridical legal research type, the data source used is primary and secondary legal material. Summary of research results: (1). There are two international dispute resolution methods, international law requires a peaceful method of dispute resolution as a mandatory dispute resolution method known as compulsory method. The following will be discussed each of the amicable dispute resolution technical, which includes: (i) settlement with the political/diplomatic/non-litigation line, (ii) settlement through the legal/judicial/Litigation lines and (iii) Dispute resolution through the United Nations. The settlement with the non-litigation pathway includes: (a) negotiation, (b) mediation, (c) conciliation, (d) Fact finding, as well as (e) Good Services (inquiry). While the settlement through the litigation path includes: (a) Public international arbitration, (b) An international court which includes the International Court of Justice as well as the international Criminal Court. The settlement of disputes through the UN is usually conducted by the General Assembly and the UN Security Council in the form of resolutions. (2) The following are the dynamics, agreements and efforts traveled by Japan and Russia in the case of Kuryl dispute: Saint Petersburg Treaty (1875), Treaty of Porstmouth (1905), Treaty of Cairo, Treaty of San Francisco (1951), Yalta Treaty (1945), and Joint declaration of Japan Russia
Article 51 of the Geneva Convention states that the civilian population and civilians must receive protection not to be the target of attack,This convention aims that everyone who is a victim of a terror threat is protected following the Geneva Convention of 12 August 1949. The formulation of the problem is: (1) How is it enforced the law for international humanitarian law violations? (2) Juridical study of law enforcement for violations of war law committed by Russia in Syria ?. In this study, the authors used a normative legal research type. Consists of the materials used are Primary and Secondary materials. The data collection technique was done by using library research; the data were analyzed qualitatively. The conclusions of the research results: (1) Law enforcement for violations of International Humanitarian Law is regulated in the Criminal Tribunal For the Former Yugoslavia (ICTY), Rome Statute 1998, International Criminal Court (ICC). However, the Syrian state is not a participant country that ratifies the international criminal tribunal. It does not mean that Russia's war crimes against Syrian civilians cannot be tried through the International Criminal Court because all citizens are under the International Criminal Court jurisdiction. (2) The juridical study of law enforcement for violations of the laws of war committed by Russia in Syria is regulated in the Geneva Conventions of 1949, in Article 49, Article 50, and in Additional Protocol II 1977 contained in Article 85 and Article 86, in settlement of law enforcement for violations. It is said that the law of war has not run optimally. There are difficulties, namely the United Nations' failure to impose sanctions on Russia as the owner of Veto Rights, Non-Governmental Organizations in the international field can play an essential role in protecting war victims based on the Responsibility to Protect. The resolution aspect is through a gentle approach or a challenging approach. So the immunity against the law which is owned by the top government officials does not apply.
Indonesian State has full and exclusive sovereignty over the airspace above the land area and over the water area which according to the law constitutes Indonesian territorial waters and is regulated in Article 1 of Law Number 4 of 2008 concerning State Territory and the regulation of State sovereignty is contained in Article 5 of Law Number 1 of 2009 concerning Aviation (hereinafter referred to as the Aviation Law), however, there are still violations of Indonesia's airspace sovereignty such as violations committed by military aircraft type Dornier 328 belonging to the United States. Formulation of the problem: (1) How do the arrangements for the 1944 Chicago Convention on Aviation regulate foreign aviation traffic entering the airspace of a country? (2) How is the regulation of violations of sovereignty by foreign aircraft in Indonesian Airspace? The research approach used is a normative approach. Data sources include primary, secondary and tertiary legal materials. Data collection techniques are document studies to collect data from journals and literature related to regulations regarding violations of sovereignty in Indonesian airspace according to the Chicago Convention and national law in Indonesia. Data analysis is in the form of qualitative analysis. The research conclusions: (1) The provisions of the 1944 Chicago Convention on Aviation regulate the traffic of foreign flights entering the airspace of a country that the 1944 Chicago Convention does not provide a definition of what is meant by state aircraft and international law gives full and exclusive sovereignty to the state to regulate flights in (2) Regulations on violation of sovereignty by foreign aircraft in Airspace have been stipulated in Law Number 1 of 2009 concerning Aviation.
Environmental dispute born caused by environmental contamination. Environmental dispute have to quickly and precisely its solution, so environment which have impure immediately get the help, hence needed a serious solution to the dispute. One of related/relevant case with the environment impact in the middle of the 2004 in bay Buyat. this bay BUYAT represent the location of discard of Great tailing PT Newmont Minahasa is later on shortened by PT.NMR. Anticipation of Contamination of Bay Buyat by PT.NMR, early after death of AndiniLensu, early July 2004. Problems to in debate is: ( 1) What will be way of the solving of dispute of pursuant to international environmental law? ( 2) Any kind of cause factors of the happening of contamination of bay buyat? ( 3) What will be process of[is solving of dispute of contamination of bay Buyat?. Research method use the research type punish the yuridis normatif. In in perspective of international environmental law is solving of environmental dispute pursuant to Principle 26 Declaration of Rio year 1992. Principle of is solving of international environmental dispute in peace and as according to order which is arranging in charter of united nations organization, in general relate at Section 33 Charter Of United Nations Organization. From research result, pursuant to Section 30 UUPLH of is solving of dispute of contamination of bay Buyathave in striving its solution judicially crime and civil. At date of 5 January 2005 Peace happened by among/between citizen by PT.NMR, is Governmental others also the consultation by PT.NMR. Result of negotiation poured in Goodwill Agreement of at date of 16 Februari 2006. one of its contents of monitoring to territorial water of Bay Buyat of during 10 year of is inclusive of contribution for the of society.Keyword : Study Yuridis, Dispute, Environmental, International
