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Journal : BELLI AC PACIS (Jurnal Hukum Internasional)

Intervensi Tiongkok Dalam Penegakan Hukum Illegal Fishing di Wilayah Zona Ekonomi Eksklusif Indonesia (Kasus Kapal Kway Fey 10078, Tiongkok) Intan Kusumadewi; Anugrah Adiastuti
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (504.474 KB) | DOI: 10.20961/belli.v4i1.39974

Abstract

This research aims to examine the law enforcement mechanisms for perpetrators of illegal fishing in the EEZ through international and national legal instruments. This research is a normative legal research that is prescriptive by using statute approach and case approach to sourch data. The results showed that the Kway Fey 10078 flagged in China captured by Kapal Pengawas Hiu 11 owned by the Indonesian government, is proven to conduct illegal fishing activities in the Indonesian EZZ. Then the actions carried out by Chinese Coast Guard ships by crashing the Kway Fey 10078 is an intervention act on the illegal fishing law enforcement process in Indonesia. The law enforcement process against the captain and crew of Kway Fey 10078 has complied with international law, which only impose penalties. Through this research, the authors will identify law enforcement against the Kway Fey 10078 Ship that violates Indonesian sovereignty.
Pertanggungjawaban Negara Atas Kejahatan Kemanusiaan Terhadap Etnis Rohingya di Myanmar Antara Kurun Waktu Tahun 2017-2018 Akbar Kusuma Wardana; Anugrah Adiastuti
BELLI AC PACIS Vol 5, No 2 (2019): December, 2019
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.505 KB) | DOI: 10.20961/belli.v5i2.40029

Abstract

This article describes and reviews the State’s responsibility for crimes against Rohingya in Myanmar during 2017-2018. The research methodology used is a normative research method which has the same resolution as doctrinal research with the nature of prescriptive research based on primary and secondary legal materials. Based on the results of the study, the author obtained the results of Myanmar research discussing several international legal regulations. In this case Myanmar can be held accountable as a punishment for the perpetrators involved in the event. If Myanmar is unable and unable to punish the perpetrators, the International Criminal Court (ICC) can carry out punishments that are in accordance with its jurisdiction. Rome Statute. Article 5 paragraph (1). Anyone who makes coverage will be determined by the individual in accordance with the Rome Statute Article 25 paragraph (2) and will be tried without any difference regarding the Terms or Position in accordance with Article 27.
Legalitas Intervensi NATO Dalam Konflik Etnis di Kosovo Tahun 1999 Gracia Mareta; Ayub Torry Satrio Kusumo; Anugrah Adiastuti
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.537 KB) | DOI: 10.20961/belli.v4i2.40012

Abstract

This research proposes to analyze the validity of NATO intervention in the Kosovo conflict based on international law. The writing of this law belongs to the research of normative law which is prescriptive and applied. The legal materials of this study include primary and secondary legal materials. Collection techniques using literature study. Analytical techniques use deductive reasoning methods. The results showed NATO intervention in Kosovo violated international law, namely Article 2, Article 33, Article 37, and Article 42 of the UN Charter; Article 1 and Article 7 of NATO Treaty; Articles 51 and 52 of the Vienna Convention 1980; UN Security Council Resolution No. 1160, No. 1199, and No. 1203 and Article 2 of the Protocol III Convention on Certain Conventional Weapons in 1980, because NATO carried out air strikes with weapons prohibited in international humanitarian law and in the resolution filed by the UN Security Council stated that the solution to be pursued is diplomatic efforts, namely by finding a diplomatic solutions based on negotiation and taking comprehensive steps to reduce human tragedy, not military force.