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STUDI TENTANG KERJA SAMA INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL) DENGAN POLRI DALAM MENANGKAP PELAKU KEJAHATAN YANG MELARIKAN DIRI KELUAR NEGERI Zuan Driza; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRACT This study entitled "Study on cooperation Internastional Criminal Police Organization (ICPO-INTERPOL) with the police in capturing criminals who escaped out of the country". The problem to be answered in this study is how the position of ICPO-INTERPOL in International Law and how its authority to cooperate with the POLRI, and then to understand why the return of escaped criminals out of the country often run into obstacles. The issue is expected to be answered by using the method of normative research which refers to the legal norms contained in legislation and court decisions and legal norms in society. The main data used are secondary data collected through the study of literature methods or documents. While the primary data collected from the Convention and legislation relating to the object of research. The data that has been obtained is qualitative data will be analyzed and the analysis of primary data and secondary data from a qualitative point of view of jurisprudence. Through the techniques of data collection and data analysis of this study is expected to achieve the desired goal, which is to determine the position of ICPO-INTERPOL in international law, ICPO-INTERPOL knowing authority in cooperation with the police and understand why the return of criminals fleeing abroad often experience barriers. 
KEDUDUKAN PERJANJIAN EKONOMI ANTARA PEMERINTAH DAERAH DENGAN LEMBAGA INTERNASIONAL DITINJAU DARI HUKUM NASIONAL DAN INTERNASIONAL Ananda Jakaria; Jelly Leviza; Arif Arif
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRAKSI The need for relationships between members of a community with other members of society with the growing technological advances in the field of transport, communication and information. In this regard, the government has enacted the Law number 37 of 1999 on Foreign Relations and the Law Number 24 Year 2000 on the International Covenant which is the result of the ratification of the Vienna Convention of 1969 and 1986. The second law provides a strong legal foundation for the organizers of foreign relations, foreign economic cooperation of local governments.Keywords : International Agreements, Local Governments, International Organizations 
PEMBERITAHUAN KONSULER SEBAGAI BENTUK PELAKSANAAN HAK ASASI MANUSIA DITINJAU DARI KASUS AVENA Jennifer Jennifer; Arif Arif; Sutiarnoto Sutiarnoto
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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AbstractSince 17 Century, relation between States has been developing until today. In the process of the relationship, national from every country is one of the concern. National’s right is protected under international law especially in Vienna Convention 1961 concerning Diplomatic Relation and Vienna Convention 1963 concerning Consular Relation. Consular Notification is one of the rights that are protected for people who live in other countries. No one needs national protection more than someone who is accused at another country. Nowadays, many countries tend to violate that rule although they have ratified it. Many cases happened and submitted under the International Court of Justice can be the proves for it. Case Concerning Avena and other Mexican Nationals (Mexico v. United State of America) is one of the case that shows how important the rule of consular notification is.Keyword: Consular Relation, Consular Notification, National
PENEROBOSAN DAN PERUSAKAN GEDUNG KONSULAT AMERIKA SERIKAT DI BENGHAZI, LIBYA DITINJAU DARI HUKUM DIPLOMATIK Novi Monalisa Anastasia Tambun; Sutiarnoto Sutiarnoto; Arif Arif
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstraction There is no one state can detach from other states. Because of the interest of a state in another state, it was created a relations. Therefore, diplomatic representatives is to establish friendly relations and enhance cooperation between the two states. Currently, there are still many violent acts that threaten the safety of diplomats in diplomatic duties. . As in the case of Intrusion and Damage Againts the US Consulate in Benghazi, Libya. The question are, How the case is going on ? How does the handling or settlement of the case? The research method to write this journal used was the library research. Selecting and collecting data from a variety of books, doctrins, dictionary, encyclopedia, international law literature, or international politic relations that related with this journal.
SENGKETA PULAU DOKDO ANTARA JEPANG DAN KOREA SELATAN Utami Gita Syafitri; Arif Arif; Deni Purba
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstract Dokdo Island’s dispute is a territorial dispute involving Japan and South Korea in the fight over an island located in the Sea of ​​Japan. Government of Japan and South Korea based their claim over Dokdo Island ownership on historical evidence and geographical connectivity. Dokdo Island’s dispute impede the process of negotiating maritime delimitation zone in the Sea of ​​Japan. It is necessary to immediately resolve the Dokdo Island dispute by setting limits of maritime zones Japan and South Korea, as well as provide legal certainty on the status of ownership of Dokdo Island. Claims to sovereignty over Dokdo Island is a core issue that must be resolved first. In an attempt to resolve the dispute Dokdo Island, the Government of Japan and South Korea have done several rounds of negotiations and did not find any way of settlement. Dokdo Island’s dispute resolution solutions can be made through the Joint Development Agreement, the settlement through diplomatic channels and settlement through legal channels. In order to avoid the dispute dragged on, the Government of Japan and South Korea should immediately take back the diplomatic negotiations in order to resolve Dokdo Island’s dispute. Keywords : Territorial Dispute, Dokdo Island 
KERJASAMA NEGARA-NEGARA ASEAN DALAM PENGENDALIAN PENCEMARAN UDARA LINTAS BATAS NEGARA DI LIHAT DARI HUKUM INTERNASIONAL Raisa Rafina; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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ABSTRACT At first, the environmental degradation/damage was only limited to the domestic level. But in a very short period of time, environmental damage began to explore the region and manage to affect international relations within ASEAN. Currently, most people are no longer in doubt that the environment is a major problem which makes it as an international issue. With the onset of the problem, causing a conflict between the ASEAN region. There are some cases that have an impact on international relations in the ASEAN region, one of which is the smoke pollution. Among some issues being raised were how the legal basis for cooperation among the ASEAN countries in controlling air pollution, how ASEAN cooperation in the control of environmental pollution in ASEAN and how the implications towards Indonesia due to agreement /cooperation in air pollution control. Results and discussion explaining  environmental pollution issues in ASEAN countries are basically generated from forest management activities result from excessive economic measures, especially among ASEAN countries in terms of the management and utilization of forests as an economic resource. Regulation of fog and smoke pollution in the international sphere can be seen from several declarations or conventions that exist. As in the 1972 Stockholm Declaration which recognizes the fundamental human right to be able to live in a good environment and healthy and as well as the obligation to maintain and be responsible in all actions to prevent pollution especially when it is very harmful to other countries, such as the prevention of burning forests that followed by the 1992 Rio Declaration and the 2002 World Summit in Johanesburg. And applied in the context of an international convention of The Geneva Convention The Convention on Long-Range Transboundary Air pollutants, 1979 (Geneva Convention, 1979), which in Article 2 obligates that States Parties to try to push as low as possible, gradually reduce and prevent air pollution including transboundary air pollution. Cooperation within ASEAN countries in controlling air pollution caused by forest fires can refer to the implementation of cooperation among ASEAN members. The cooperation ranging from the establishment of the ASEAN Agreement on the Conservation of Nature pollutan 1995, the Regional Haze Action Plan 1997, the ASEAN Agreement on Transboundary Haze Pollution in 2002 which is the world's first treaty that specifically addresses the cross-border pollution.   Keywords: Cooperation, ASEAN, air pollution, International Law
TINJAUAN HUKUM INTERNASIONAL MENGENAI ASEAN OPEN SKY DAN DAMPAKNYA BAGI INDONESIA Heike Larissa Tampubolon; Arif Arif; Chairul Bariah
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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Abstract Aircraft is known as the most effective means transportation at this time. Start in terms of safety, comfort, economy, and the time when compared with other means of transportation such as land and sea transportation. By using aircraft, as if there are no more boundaries between regions of the country to another. Since the number of positive benefits, then the air transport becomes very important in human life and even the country. One country to enter into agreements with other countries by exchanging the rights of freedom in the air. ASEAN Open Sky is one form of multilateral agreements between countries which aims to realize the ASEAN aviation liberalization in the ASEAN region. The liberalization of the concept will be realized in 2015. It is expected there will be positive impacts for Indonesia and ASEAN by following the liberalization of the flight. For negative impacts, Indonesia and other ASEAN countries are required to start paying attention and taking into account all possibilities that will happen, so that negative impacts can be avoided and it can be turned into a positive impact. Keywords  : flight, country, liberalization
SENGKETA PERBATASAN WILAYAH KASHMIR DALAM PERSPEKTIF HUKUM INTERNASIONAL Riadhi Alhayyan; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Riadhi Alhayyan 090200029 Kashmir border dispute was very influential and disturbing in the South Asia region, because the dispute involves two major states of India and Pakistan. The bickering two countries fighting over kashmir region as the territory continues and has attracted a lot of attention from various countries in the settlement of the dispute. Kashmir border dispute has put a serious challenge for analysts and policy makers because the conflict is complex and heterogeneous. Kashmir, the disputed territory that lies at the foot of the Himalayas, under the rule of the three countries. Jammu-Cash Society ¬ hmir entered Indian territory, while the people of Ladakh and Jammu-Kashmir-Pakistan respectively controlled by China and Pakistan. Among the three, only the Jammu-Kashmir's turbulent and demanding independence. The research method with normative legal research or legal research literature conducted by examining the literature material, and empirical legal research. The study used the law is normative legal research or collectively, the literature study (library research) with the acquisition of secondary data sourced cider magazines, books, journals, newspapers, online websites, and other library documents. Analysis of the data used is qualitative analysis, ie data obtained and subsequently systematically compiled and then analyzed qualitatively in order to achieve clarity issues to be discussed and the results are set forth in the form of a thesis. Based on the results of the study authors that the status area Kashmir under international law is in dispute, as India and Pakistan both claim Kashmir as their territory. But the ruler of Kashmir when it was a Hindu, would prefer to join with India, so that Kashmiris are now split into two, Pakistan and Kashmir Kashmir India. Kashmir struggle in a dilemma. If using peaceful means and approach to politics, India claimed that the people of Kashmir have accepted the status quo, to be a part of India. Kashmir territorial dispute and the Kashmir conflict occurs because of a conflict of interest between the two countries and the political power that is manifested through unilateral claims of India and Pakistan. Including religious factor, pakistan claims that the khasmir is a muslim majority area integral for pakistan while also claiming in kashmir hindu community are integrated with india. Factors as well as border, it is located in the teritory of Kashmir Indian authorities, however, a dispute can not be separated from the colonial regime that tends to make the inter-state border artificially, meanings the colonial regime tends to create a new border regime without notice in the interests of natural factors such as ethnicity,and socio-cultural condition. Solution to solve the Kashmir region between India struggle with Pakistan should be implemented bilateral relations between the two countries. UN and SAARCsebaiknya entitles India and Pakistan over the Kashmir region in accordance with the location of each region. So there is no reason for India and Pakistan to fight each other for control of the Kashmir region as a whole. In addition, the United Nations and the SAARC should be decisive in resolving the Kashmir conflict annexation. For countries that do not abide by the decision of the United Nations and the SAARC should be subject to strict law. . Keywords: Kashmir dispute
PERAN UNI EROPA DALAM PROSES PENYELESAIAN SENGKETA BAGI NEGARA ANGGOTA DAN NEGARA NON ANGGOTA Carina Etta Siahaan; Arif Arif; Deni Purba
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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Abstract The main reason for the establishment of the first European Union once was because of the desire to provide protection to the European countries that are victims of cruel regimes of Germany during World War II. After the signing of the Maastricht Treaty in 1992, the European Union is increasingly proving its progress to the international community as one of the largest regional organizations. Expand the authority of the European Union in the field of law to be the same as the state. The European Union has a great sovereignty of the member states. Help resolve internal disputes in the European Union has two methods to resolve the internal disputes through alternative and legal means. The purpose of this paper is to look at the mechanism by the European Union as an international organization in its role to resolve disputes in the European Union. As an International Organisation which aims at maintaining world peace and security, the European Union also play the role to help resolve disputes outside the European Union. With the development of increasingly advanced, the European Union as an international organization has the effect of maintaining security and peace in the world, because it is also the European Union, have the opportunity to be able to play non-member countries to resolve disputes, without passing the limits of the sovereignty of a non-member country. Keyword: European Union, Dispute Resolution, Member States and non-State Member.
PERUBAHAN ENTITAS PALESTINA OLEH PBB DAN EKSISTENSINYA SEBAGAI NEGARA PEMANTAU NON ANGGOTA Windy Widya Utami; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT THE CHAGE OF PALESTINE’S ENTITY BY UNITED NATION AND ITS EXISTENCE AS A NON MEMBER OBSERVER STATE   Israel - Palestinian conflict began when the issuance of UN resolution dividing Palestine into two parts. Israel getting more land while the Palestinians got smaller parts. The conflict culminated when Israel established the State of Israel in 1948 in Palestine by the resolution. Ongoing conflict, not a civil society of both Palestinian and Israeli victims. Palestine is a country that was fighting for its independence. In goal it formed the Palestinian Liberation Movement ( PLO ) which is the official representative of the Palestinians in the international world. Monitors the status of Palestine as a non-member entity makes not having a strong juridical status in the eyes of international law when it attacked by other countries. Palestinians do not have the right to vote to apply protection to the United Nations Security Council ( UNSC abbreviated hereafter ) or prosecution by the International Criminal Court, unless the Palestinian states are willing to accept the obligations arising as a result of a peaceful settlement as stated in Article 35 of the UN Charter. Issues raised in this paper is how the basic law or the requirements for recognition of a state by the UN, how to change the status of Palestinian statehood from observer entity to non- member observer state, and how the existence of Palestine as a non-member observer state. The research method used in this thesis tends normative legal research includes a study of the principles of law, the synchronization level of the law, legal history, and comparative law. The research method used in this paper is normative legal research includes a study of the principles of law, the law of synchronization standards, legal history, and comparative law. The method used is normative research using normative juridical approach. The results of this study indicate a change in the entity State of Palestine by the UN Monitoring Non Member is a big step for the Palestinians to get justice in the International Court of Justice. And also its presence in the international community have been recognized by other countries.   Keywords : Entities , Palestine , UN.