Suchergebnisse

The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute) decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.

The Corona Virus Disease 2019 (COVID-19) outbreak has impacted practically every aspect of life worldwide, particularly Asia. Governments from various States work hard to prevent and mitigate the spread by instituting multiple social distancing and lockdown measures. While those measures have been effective in containing the spread, there are other negative consequences, including the risks associated with domestic violence in the family home, whether physical, psychological, verbal, sexual, or economic violence. Subsequently, there has been a significant increase in online searches for help from intimate partner violence, according to the United Nations Population Fund (UNFPA). Moreover, the UN Women also reported that essential services, such as shelters and helplines, have exceeded their capacity. Using a normative legal research methodology that sources are obtained from secondary data, the finding shows that thousands of women living in several Asian States experienced more abuse in domestic violence and had less resilience during the pandemic. Whether national or international, the existing regulations are insufficient to prevent violence and protect victims. Thus, remote services in various sectors, including social, health, and justice, must be further developed and institutionalized by the States to overcome such issues.

Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn't recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar's government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:

Dissemination of International Humanitarian Law to Promote Spirit of Peace. International Humanitarian Law (IHL) is one of a very important branch of International Law that need to be disseminate not only to Red Cross, Military, or Police Personnel, but also to the public as a whole, especially the youth. The need of this dissemination program is to limit the casualties from an armed conflict, to guarantee and secure the victims of war, encouraging participation on humanity, and spread the spirit of peace. This community service program is an obligation for all countries that are party to the Geneva Convention 1949, yet the country alone will face difficulty to reach all the elements of the society. Therefore, there is a need of community service program to disseminate IHL. This program aims the senior high school students in Yogyakarta. The dissemination will be conducted in forms of seminar delivered by the speaker which is a lecturer and a researcher in Universitas Muhammadiyah Yogyakarta, group discussion and role playing in a form of TFG (tactical Floor Gaming). After participating in this program, the participants are expected to understand and uphold the IHL and protection to Red Cross and Red Crescent emblem, and able to implement the gained knowledge, especially in conflict resolution, upholding peace, and actively participate in humanity activity.Keywords: International Humanitarian Law, Dissemination, Geneva Convention 1949

Introduction to The Problem: The execution without notification of Tuti Tursilawati's at the end of 2018 becomes one of the most important diplomatic and consular relations issues between Indonesia and Saudi Arabia. Indonesia was unable to seek Saudi Arabia clarification because of the absence of bilateral agreement regarding consular notification between Indonesia and Saudi Arabia. Having regard to the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963, both provides the protection and assistance from the Consulate to all their citizens abroad.Purpose/Objective Study: This research aims to outline the importance of bilateral agreement on the mandatory consular notification in dealing with a case of Tuti Tursilawati who executed by Saudi Arabia government without any notification to the Republic of Indonesia.Design/Methodology/Approach: Data was collected from primary and secondary data sources in the form of literature legal research and statute approach.Findings: The result shows that based on Article 36 of the VCCR 1963, Mandatory Consular Notification should be delivered by Saudi Arabia before the execution. Making a bilateral agreement on Mandatory Consular Notification (MCN) with Saudi Arabia is very urgent to become a legal basis in helping and giving proper protection to the Indonesian who lives in Saudi Arabia in the future. Without that agreement, Indonesia will be not easy to access the information and assisting to protect the rights of the nationals from any cases that happened abroad, especially related to criminal issues.Paper Type: Research Article

Paralegals are parties that can provide advocacy or legal assistance to the people in a broad sense beside advocates, lecturers and other legal activists. The role of paralegal itself is not intended to replace the function of an advocate. Instead, it is aimed to be able to cooperate in the fulfillment of access to justice for the society, especially the people who are poor and other vulnerable groups. In Indonesia, paralegal position is a voluntary activity in conducting empowerment process in the society. The beginning of this article will invite and provide understanding to readers to understand the definition and comprehension of paralegals, types, and their important role for the fulfillment of access to justice which is one of the most basic parts of human rights. Beside preparing a law-conscious society, paralegals also provide human rights protection to people who are having problems with law, until the stage of investigation in the police office. The villagers trained will get certification and verified by the government. The society service uses educational methods or approaches that are oriented to problem solving process using the pattern of education elements conducted systematically, directed and planned with the active participation of individuals, groups and society as a whole to find ways to solve problems faced by the society by paying attention to the surrounding socio-economic and local cultural factors. This approach is considered to be able to move the society dynamically towards progress as expected. Meanwhile, being participative is an approach that emphasizes on the efforts to increase the participation of the society or individuals directly in various processes and implementation of programs. The results of the service program are demonstrated with the establishment of a paralegal society, increased awareness and knowledge of the society on their rights in the field of law

In 2017, there are 3,528 cases of violence against women in Indonesia, in which 76% of violence occurs in the form of sexual harassment. Sexual harassment is a part of discrimination against women, therefore the United Nations issued the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as a safeguard of women's rights. Nowdays, sexual harassment has developed into a new form, namely cyber harassment. Unfortunately, in CEDAW, there is no clear and specific statement related to it. This study is a normative legal research with Statute Approach and Case Approach. By using the qualitative descriptive method, this study will elaborate on the protection of women from cyber harassment in Indonesia based on the perspective of CEDAW. The result shows that, as the international treaty, CEDAW does not provide any punishment for the suspect to be prosecuted. Fortunately, Indonesia has Law No. 11 of 2008 on Electronic Information and Transactions to deal with cyber harassment cases. The author recommends the Indonesian government to formulate a new law dealing with cyber harassment. Aside of that, education to the society on cyber harassment itself needs to be conducted by the government to prevent more victims in the future.

AbstrakTerulangnya kebakaran hutan dan lahan di Indonesia yang mengakibatkan polusi asap lintas batas menyebabkan Singapura frustasi, sehingga mendorong pemerintah Singapura untuk membentuk suatu aturan yang memuat yurisdiksi ekstrateritorial di dalamnya. Aturan tersebut dikenal dengan Transboundary Haze Pollution Act 2014. Berdasarkan peraturan tersebut Singapura memiliki yurisdiksi mengadili pelaku pembakaran hutan dan lahan yang terjadi di Indonesia. Dimana pada tahun 2016 Singapura menangkap WNI terduga pelaku pembakaran hutan dan lahan yang terjadi pada 2015. Penelitian ini dimaksudkan untuk mengetahui kompetensi Singapura dalam menangkap WNI terduga pelaku pembakaran hutan dan lahan yang mengakibatkan polusi asap lintas batas negara ditinjau dari kaidah Hukum Internasional. Kata Kunci: Polusi Asap Lintas Batas, Implementasi THPA, Kedaulatan AbstractThe re-occurrence of haze pollution arising from forest and land fires in Indonesia has led to frustration in Singaporean side, which in turns led the Singaporean government to stipulate a rule that contained extraterritorial jurisdiction within its provisions. This rule became known as the Transboundary Haze Pollution Act of 2014. Under these regulations Singapore has jurisdiction to prosecute perpetrators of forest and land fires in Indonesia. As a form of THPA implementation, in 2016 Singapore arrested Indonesian citizens who allegedly burned down forest and land in 2015. This study is intended to determine Singapore's competency in arresting Indonesian citizens suspected of perpetrating forest and land burning which leads to transboundary haze pollution in terms of International law. Key Word: Transboundary Haze Pollution, Ratification, THPA Implementation, Sovereignty

The purpose of this article is to find out how international law plays a role in the Israeli-Palestinian war during the Covid-19 pandemic. The method in writing this article was a literature study by collecting literature from journals and books relevant to the topic, then analyzing it, and then making conclusions. The emergence of the Covid-19 pandemic that spreads rapidly raises concerns about the socio-economic conditions of Palestinian citizens. The challenge is getting bigger in tackling these two problems simultaneously. The condition of Palestinian citizens is increasing concerning with the destruction of WASH facilities (water, sanitation, and hygiene), the inhibition of the supply of necessities that will enter the Palestinian state, as well as the destruction of the natural environment since these aspects can be used to prevent the spread of the Covid-19 virus. International humanitarian law actually exists to limit the occurrence of such incidents, but these regulations are violated by the military and the Israeli government. This article is helpful to find out how the actions of the state of Israel against Palestine during the Covid-19 pandemic are based on the perspective of international law. This article was compiled with references to various literary sources from national and international journals and books. In addition, it also uses the latest news from the topics discussed. The result of this literature study is that the conflict that is being experienced by Israel and Palestine is not getting better with the increasing number of attacks on Palestinian civilians.

In 2020, the Coordinating Minister for Political, Legal, and Security Affairs of Indonesia, Mahfud MD, affirmed that any Indonesian citizen affiliated with ISIS would not be repatriated. However, Article 28D of the 1945 Constitution ensures that a person's citizenship status is guaranteed as one of the human rights, as guaranteed in Article 15 of the Universal Declaration of Human Rights. For this reason, this research used a normative legal research method using statute and case approaches through literature review. The research raises the question of how is the protection of the rights to nationality for ex-ISIS based on international law? The research aims to discuss and analyze the rights to the nationality of ex-ISIS combatants under the implementation of international law, such as Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons. The research results explain that the state's discretion regarding nationality is particularly limited to conditions such as the prohibition of arbitrary deprivation, the duty to avoid statelessness, and the principle of discrimination, and everyone has a right to a nationality.

The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.

The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.

In 2019, Gambia, a small country which located in West Africa, is suing Myanmar to the International Court of Justice (ICJ) with alleging that Myanmar has violated the Convention on the Prevention and Punishment of the Crime of Genocide 1948. The governments of Myanmar in doing the violations were intended to destroy the Rohingya Muslim as a group, wholly or partly, followed by other violations such as mass murder, rape, and also damage to the villages by fire with some people are still locked in the house and burnt inside the house. Government of Myanmar keep doing so, because based on Burma Citizenship Law 1982, Myanmar doesn't recognize the existence of Rohingya as citizen of Myanmar. It causes Rohingya as stateless. The study is normative legal research with Statute Approach and Case Approach. The study analyse the violations which is done by Myanmar to the Rohingya Ethnic in Rakhine. The result shows that International Court of Justice has a jurisdiction upon Rohingya case under the Statute of the Court as well as the Genocide Convention. The statute of the Court in Article 36 (1) stated that ICJ has jurisdiction to all cases of the Convention as long as the states are contracting parties. The Article IX of the Convention also stated that any dispute between contracting parties must be referred to ICJ.

The recent Russian-Ukrainian dispute over Crimea has been attracted wide international attention. The crisis in the territory of Crimea has been criticize by the other states and international organizations as wrongful annexation by Russia of part of the territory of Ukraine. A referendum held in Crimea and the majority of the population choose to join the Russian Federation. Nevertheless, on March 2014, according to the Ukraine Constitutional Court, only parliament of Ukraine has the authority to make a referendum. The United Nations General Assembly adopted a resolution A/RES/68/262 on Ukraine's territorial integrity that the annexation of Crimea, declared the referendum was invalid, and appealed to the international community not to recognize changes the status of Crimea. The research aim is to analyze whether Crimea belongs to Russia or Ukraine. The study is a normative legal research with Statute Approach and Case Approach. By using qualitative descriptive method, the research uses law as a foundation of norm and done through a library research with existing journal sources, internet, and books. The result shows that the annexation by Russia was invalid under international law perspective and Crimea should belong to Ukraine.