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All Journal Journal of International Law Georafflesia : Artikel Ilmiah Pendidikan Geografi Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Lentera
Chairul Bariah
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Religion Arts Humanities Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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DAMPAK KEJAHATAN (TRAFFIKING) TERHADAP PEREMPUAN DAN ANAK DITINJAU DARI HUKUM INTERNASIONAL Rindang Rizki Fitri; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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Abstrak Trafficking is a labor export activities, the activities move someone from the neighborhood or relatives do keluarga.meskipun the permission of the concerned workers and families, trafficking is the trafficking in persons, especially women and anak2 with threats of violence and other forms of coercion, by way of deceptive , to deceive the victim of abuse of power, taking advantage of ignorance, innocence of the victim with the purpose of exploitation, especially exploitation of labor and sexual exploitation.law discriminated against trafficking in Indonesia in uu 39/1999 which stated in Article 297 of the Criminal Code, chapter 65 uu ham 39/1999, the international labor organization conventions and their implementation according to international labor organization convention 182.Keywords:Traffiking, Perdagangan, Tenaga Kerja , Perempuan dan Anak
PERLINDUNGAN HUKUM DAN TANGGUNG JAWAB TERHADAP PENUMPANG SIPIL PADA KECELAKAAN PESAWAT UDARA DALAM LINGKUP HUKUM INTERNASIONAL Febri Dermawan; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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Abstract The writing is on the backs by setting the legal protection and responsibilities of civil passenger aircraft accident within the scope of international law, the problem is how the civil aviation, legal protection of civilian passengers, airline liability for passenger aircraft accidents. It is necessary to set up an arrangement of the flight. But in reality the calamities that befall the flight is still occurring, then get out some of the Convention among other Warsawa Convention of 1929, Act No. 1 of 2009. Keywords : legal protection, responsibility, aircraft accident
IMPLIKASI PENGGUNAAN TEKNOLOGI PESAWAT SILUMAN (STEALTH FIGHTER) DALAM KAITANNYA DENGAN KEDAULATAN SUATU NEGARA ATAS RUANG UDARA WILAYAHNYA DITINJAU MENURUT HUKUM INTERNASIONAL Joshua P. Hutabarat; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 1, No 1 (2013)
Publisher : Journal of USU International Law

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ABSTRAK The development of technology and knowledge is one of the essential factor that gives a big impact to the development of international law. Just like the two edges blade, every development of each aspect have it: technology and knowledge or the international law it self have negative and positive impact. As we know the development of air law as one of the branch of international law study already gain enormous attention. Air law become one of the great development of international law, just like the law of sea. The existence of each states is beyond imagination before the air law was exist, with the presence of air law every states have a clear rights on airspace beyond theirs land it self. With the help of technology development, the control of air space is rely on radar technology (Radio Detection and Ranging). Radar system is using the electromagnetic pulse to detect, measure the distance and mapping the object such as aircraft position, land vehicle shape and the climate/weather changes information. As far as we can see radar technology is used as the detector to possibly illegal infiltrator aircraft to a state air space. But the development of technology aircraft give a born to a new technology, this new technology will be the antigen or opposing side of radar technology. This new technology is: Stealth Fighter system, Stealth fighter is one of the best development of military technology. Stealth fighter have ability to disappear from the detection of radar. Stealth fighter very ideal when it’s used to infiltrate an area of the state without noticeable. The presents of this technology give a threat to the air space jurisdiction of the state. In order to keep the existence of airlaw, must be there a regulation about stealth fighter it self.
PRAKTIK IMPUNITY DALAM KASUS PELANGGARAN HAM BERAT (TINJAUAN TERHADAP KASUS PEMBANTAIAN RAWAGEDE 1947) Erika Erika; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Impunity is one of the most often thing that ever happened in order to settle the gross human rights violations. Impunity means crime without punishment and an inevitable phenomenon in gross human rights violations’ cases. In the scope of international law, impunity refers to the failure to bring perpetrators of gross human rights violations to justice and denial of the right of victims to obtain justice and their right to redress. Impunity allows the cycle of human rights violations keeps going on, because the persons who committed the violations are not considered responsible. The 1947 Rawagede massacre case is an old case that began to become a hot topic which discussed by many recently ever since the case was taken to the Hague District Court in 2009. Therefore, the problems in this thesis are about the position of impunity in human rights violations’ cases, the international laws that related to the practice of impunity and how that happened in the case of the 1947 Rawagede massacre case. The research methodology used in this thesis is a normative legal research or library research, by collecting materials from books, journals, websites, legislations and other scientific papers which are closely related to the intentions and purposes of the preparation of this manuscript. Internationally, there are a few regulations which can be applied in this topic, because the scope is about human rights. First of all is the contents in the 1948 Universal Declaration of Human Rights. The second, for the assertion is the contents in the 1993 Vienna Declaration and Programme of Action. Last but not least, for the regulations on gross human rights violations are the contents in the 1998 Rome Statute. But because Indonesia has not ratified the 1998 Rome Statute and this events occurred long before the Rome Statute generated, then the case was submitted to the Hague District Court. As the result of this study, the conclusion is that the practice of impunity itself, even though not inevitable, still will not release the offenders from their responsibilities towards the victims of gross human rights violations because the victims have basic legal rights that must be fulfilled.
TINJAUAN PERANAN PBB DALAM PERKEMBANGAN PENERAPAN DAN PENGHAPUSAN HUKUMAN MATI DI DUNIA Pudji Indah Lestari; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstrak The Imperfection of criminal justice system is certainty because this is a “human work”. Even in the developed country such as United State of America, the failure of criminal system – in did not punish the innocent – always occurred. Since 1973, more than 120 peoples in America who waiting the execution of death penalty are released from the penalty because there are any new evidences that they are innocent.  The appearance of international norms on the limitation and abolition of death penalty is a phenomenon in post war II. As a desires of civilized nation, the abolition is propaganda when formulate the content of Universal Declaration of Human Rights (UDHR) in 1948 although only indicated implicitly in the recognition of “right to life”. Intention to ask the abolition of death penalty is developing in international society. The abolition of the death penalty is assumed as one of important element in the development of democracy in the nations who will break down a relation to the last age with terror, injustice and oppression.  The trend of this abolition is indicated by international law product in order to encourage the abolition of death penalty. In addition to UDHR,  the other dominant law instrument of human basic right is International Covenant of Civil and Political Rights (ICCPR) and its Second Optional Protocol and any others regional conventions. In 2007, the General Assembly of United Nations (UNO) also issued a resolution “Moratorium on the Use of the Death Penalty” that ask the abolition of death penalty. International organizations implement the desires of the member nations that manifested in an international convention. Therefore, the international organization with various bonds has a closed relationship to the Nations that established the organizations and in anything always depend on the nations. UNO is universal organization in which all of Nations have right to be member. International Court ever said in the reparation for injuries case, that the Court recognizes that the establishment of UNO by majority of members in international society manifests an entity with “Objective personality”. The membership of UNO with various function had make the UNO position over than other organizations. The international law instrument that regulate about the death penalty based on UDHR as universal declaration and then to be the base of the establishment of multilateral convention (ICCRP) and three regional convention i.e. European Convention on Human Rights, American Rights) and other human basic right conventions. The issue of death penalty always associated to two norm of human basic right; a right for live and protection to the punishment or a raw deal, inhumanity and neglect the human prestige. Both of these norms can be retraced to constitutional law of Anglo American. The protection to the “cruel and usual punishment had determined in English Bill of Right in 1968, while “a right for live can not be removed without due process of law” and to take attitude “did not provide the explicit recognition to legitimating death penalty. Keywords : Peranan PBB, Penerapan dan Hukuman Mati
PERLINDUNGAN ATAS IMIGRAN ROHINGYA DALAM PELANGGARAN HAM BERAT DI MYANMAR DARI ASPEK HUKUM INTERNASIONAL DAN HUKUM NASIONAL Septiana Tindaon; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 2 (2013)
Publisher : Journal of USU International Law

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Abstract Rohingya Ethnic is a minority ethnic in Myanmar and get a serious attention on discrimination to them. Government of Myanmar did not give them nationality status so they did not get the national protection on any hardness to them. Inhumanity treatment to the ethic of Rohingya  in Myanmar encourage them to leave their origin nation. They absconding illegaly to other nations ether by land or by sea. Their arrival to the neighbour nations cause the fear to the destination nations. The destination nation assume that the increasing of the number of Rohingya ethnic who arrived in their nation will treat the stability and national defense of their country. The other reason is to put the load to their nation beause there is not a goodwill of Myanmar to solve this problems. The destination nation take any effort to avoid the arrival of the Rohingya ethnic and to take a policy that avoid their arrival.  To the ethnic of Rohingnya who arrived in the destination nation, their right is not assured, in which there is not a relocation with health standard. Therefore, it needs efforts of international government to settle this case. The international government must encourage the Myanmar Government to solve this problem immediately, by provide the nationality status to the ethnic of Rohingya for the long term settlement on this case. Government of Myanmar must take a serious action to the crime do by other ethnic in Myanmar to the ethnic of Rohignya or the crime by army of Myanmar to the etnic of Rohingya. Keywords : Human Rights, Refugees, Rohingya
PERLINDUNGAN DAN PENEGAKAN HAM DI ASEAN TERHADAP MANUSIA PERAHU ROHINGYA DALAM STATUS SEBAGAI PENGUNGSI MENURUT HUKUM INTERNASIONAL Jeremia Suluh Tampubolon; Abdul Rahman; Chairul Bariah
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACTHuman rights are the rights of a person who has owned since the content itself, given by the Creator not the country or the board as well as host of others are going to be universally. Human rights is a part of the study of international law because of the nature and character of human rights itself is a defense mechanism and protection of the individual against the power of the State is vulnerable to abuse, as has been well prove in the history of mankind on Earth. Thesis research raises several issues, how the history of human rights in the international community, how the legal protection of ethnic and refugee status under international law, and how enforcement of human rights in ASEAN towards boat people Rohingya The research methods used in this thesis is done using the Normative Research Methods by collecting secondary data in Library Studies which this study originated from pure secondary data derived from books, articles, both from newspapers, websites, and magazines, and legislation. From the results of this study has concluded that human rights was born with the Magna Carta, the declaration of human rights by the United Nations and later adopted by several International Conventions. Problem of refugees in international law set out in the 1951 Convention on refugees accompanied by the 1967 Protocol on refugees. Upholding human rights on the Rohingya boat is not easy, see the difference of each legal instrument in the ASEAN countries recognize the existence of refugees in the country areas.Keywords : Human Rights, Etnic Rohingya, Refugees Status in ASEAN
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
TINJAUAN HUKUM TANGGUNG JAWAB MASKAPAI PENERBANGAN SIPIL TERHADAP KERUGIAN YANG TIMBUL BERDASARKAN KONVENSI CHICAGO TAHUN 1944 Samuel B. Nababan; Sutiarnoto Sutiarnoto; Chairul Bariah
Journal of USU International Law Vol 1, No 3 (2013)
Publisher : Journal of USU International Law

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ABSTRACT Unitary Republic of Indonesia is an archipelago with inter-island intensity is high enough, so that the necessary protection against the user maximum facility cost consumers in this regard. In this study, the economic aspects of the problem include regulation of civil aviation convention in chicago, 1944, setting the technical and operational aspects of the flight by civil convention in chicago in 1944 and a form of civilian airlines chicago convention in 1944. As for the type of study of this paper is normative research . Normative research is a study of the principles of law , systematic research on law and legal research on synchronization . With the aim to compare the Indonesian positive law governing the civil aviation in the Act 1 of 2009 on Flight to chicago Convention 1944 which is the benchmark of international law in the case of civil aviation . Data sources and collection techniques used in this study is a secondary data , which consists of primary legal materials in the form of legal products such as legislation , which in this case in the form of legislation , international law conventions , declarations , and protocols . Secondary legal materials such as reference materials sourced from books , newspapers , media, internet and other media related to the issues discussed . Tertiary legal materials in the form of materials that give instructions and explanations of the primary and secondary legal materials , such as dictionaries and so on . Results from this study is that the Chicago 1944 convention has been set explicitly linked to economic aspects and the technical aspects of the airline in order to minimize accidents and forms pertanggungjawaba n of the airline when the accident occurred is of course detrimental to the consumer . Keywords : Responsibility , Airlines , Losses .
PERLINDUNGAN TERHADAP KORBAN PELANGGARAN HAK ASASI MANUSIA (HAM) BERAT DI KOREA UTARA MENURUT HUKUM INTERNASIONAL Nella Octaviany Siregar; Chairul Bariah; Abdul Rahman
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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Abstract: Human Rights are basic rights bestowed by God on human beings, are universal to be protected, respected, maintained, and should not be ignored, reduced or taken away by anyone. It is therefore the responsibility of the State as well as collateral for enforcement against violations of human rights principles. The UN as an international organization in its charter has been put respect and appreciation for human rights into the Charter that dsebut The Universal Declaration of Human Rights were adopted unanimously by the General Assembly of the United Nations General Assembly on December 10, 1948. Human rights violations in North Korea should have been the responsibility of the State concerned, and also it is a shared responsibility of the international community. North Korea as one of the countries with the worst human rights records. North Koreans have been referred to as the "most brutalized people in the world", due to the severe restrictions placed on the top of their political and economic freedoms. The North Korean government has committed human rights violations in the form of crimes against humanity against the civilian population, so in this case the UN acts as a protective shield against the civilian population, so that the perpetrators can not act arbitrarily in treating civilian population. Keyword: Human Rights, North Korea
Co-Authors Abdul Rahman Ainun Syuhadah Lubis Akbar Hamdani Rambe Anggie Sere Sitompul Anita Anita Arif Arif Ashari Maulana Siregar Erika Erika Erna Fitriani Hamda Febri Dermawan Hafni Zanna Dewi Hanna Safira Nasution Heike Larissa Tampubolon Jelly Leviza Jeremia Suluh Tampubolon Joshua P. Hutabarat Maharany Fitri Mahmul Siregar Makdin Munthe Marcel Gabriel Pailalah Nella Octaviany Siregar Ningrum Natasya Sirait Pudji Indah Lestari Puspitasari Damanik Rindang Rizki Fitri Samuel B. Nababan Septiana Tindaon Sudirman H. Nainggolan Sulaiman Hamid Sutiarnoto Sutiarnoto Sutoyo Sutoyo Syarifah Tiffany Nargis Theresia Rizka Ully Situmorang Vivi Marbun Wira Paskah Zaenab Farhana Zuriani Ritonga