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MASALAH-MASALAH PESERTA DIDIK PINDAH SEKOLAH KE SMA ADABIAH PADANG Sefriani, Sefriani; Kasih, Fitria; Yusnetti, Yusnetti
Bimbingan dan Konseling Vol 2, No 1 (2013): Jurnal Mahasiswa Prodi bimbingan & Konseling
Publisher : Bimbingan dan Konseling

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Abstract

The problem in this study is what are the problems of the students moved to high school Adabiah Padang. The purpose of this study was: (1) to determine the learning problems of students move into high school Adabiah Padang (2) to determine the social problems of students move into high school Adabiah Padang (3) to determine the personal problems of students move into high school Adabiah Padang. This research is a descriptive study sought to describe a situation for what it is. The population in this study was the students who move into high school Adabiah Padang totaling 25 peoples. Sampling this study uses total sampling is sampling the researcher if the researcher has used certain considerations in sample collection. So the total sample of 25 peoples. The instrument used in this study was a questionnaire. While the percentage of data analysis techniques used. The research results revealed that: 1) the problem of learners moving into high school Adabiah Padang on the demands of the subject matter is in the category with a slight percentage of 55%, is in preparation for many categories with a percentage of 85%, the motivation to learn is in a lot of categories with percentages 80%, (2) social issues students move into high school Adabiah Padang on the school environment is in many categories with a percentage of 85%, with the social problems of teachers are in many categories with a percentage of 95%, the social problems with peers that are in many categories with a percentage of 80% (3) personal problems of students move into high school Adabiah Padang about emotional problems are in many categories with a percentage of 55%, physical problems are in many categories with a percentage of 90%.
Pengakhiran Sepihak Perjanjian Perdagangan Internasional Sefriani, Sefriani
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 2, No 1 (2015): PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
Publisher : Faculty of Law, Padjadjaran University

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Abstract

Diundangkannya Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan pada bulan Maret 2014 mengundang kontroversi. Pasal 85 dalam undang-undang ini memberi kesempatan pada Dewan Perwakilan Rakyat (DPR) atau pemerintah untuk membatalkan atau mengakhiri suatu perjanjian perdagangan yang telah diratifikasi dengan alasan kepentingan nasional. Sebagaimana diketahui dalam hukum internasional berlaku prinsip pacta sunt servanda. Negara yang terikat pada suatu perjanjian internasional harus melaksanakan perjanjian internasional tersebut dengan itikad baik. Permasalahan yang diajukan dalam tulisan ini menyangkut legalitas pengakhiran perjanjian secara sepihak dengan alasan kepentingan nasional. Pengakhiran sepihak perjanjian internasional hanya dapat dibenarkan apabila sesuai dengan hal yang diatur oleh perjanjian internasional itu sendiri atau apabila perjanjian tidak mengaturnya maka harus sesuai dengan apa yang diatur dalam Vienna Convention on the Law of Treaties (VCLT) 1969.Unilateral Termination of International Trade AgreementAbstractThe enactment of Law on Trade (Law 7/2014) on March 2014 has drawn controversies, since Article 85 of the law provides the opportunity to the house of representative (DPR) or government to withdraw or terminate a trade agreement that has been ratified by Indonesia on behalf of the national interest. It is a familiar concept that international law applies the principle of pacta sunt servanda. The countries bound to an agreement should implement the agreement in good faith. The problem proposed by this article is concerned the legality of unilateral termination of a trade agreement on the ground of national interest. Unilateral termination of an international treaty can be justified if it is in accordance with what is stipulated by international agreement itself or if the agreement is not mentioned then it must be in accordance with what is stipulated in the Vienna Convention on the Law of Treaties (VCLT) 1969. DOI: https://doi.org/10.22304/pjih.v2n1.a6
THE EFFORTS TO TERMINATE THE SITUATION WITH NO-CITIZENSHIP AND HUMAN RIGHTS VIOLATION OF ROHINGYA ETHNIC Sefriani Sefriani
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.366

Abstract

The refusal to recognize citizenship of Rohingnya ethnic by Myanmar government caused this ethnic without national and international protection. Statelessness situation is also became the entry point of other violation of human right such as ethnic cleansing and genocide which caused this ethnic became refugee. Some solutions offered to end this situation are: cooperate with UNHCR provide temporary shelter for those people; urge UNHCR granted refugee status for Rohingya; urge ASEAN conducted humanitarian diplomacy pursued Myanmar recognized citizenship of Rohingnya ; applied R to P to end the gross violation on human right toward Rohingnya if the threshold were fulfilled.Keywords: Rohingnya, citizenship; human right
The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar Bugivia Maharani Setiadji Putri; Sefriani Sefriani
Yustisia Jurnal Hukum Vol 10, No 3: December 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i3.54279

Abstract

This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute
FAIR AND EQUITABLE TREATMENT STANDARD IN THE INTERNATIONAL INVESTMENT AGREEMENTS Sefriani .
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.18536

Abstract

In the last five years, the number of investors who suit against host state in the international arbitration forum increased significantly. Almost all lawsuits used fair and equitable treatment (FET) standard which has been violated by the host state. Most of international investment agreements including those that were made by Indonesia contain FET standard clauses. However, there are no definitions related to this standard. This condition potentially raises a very wide interpretation of the standard. The problem formulations in this article are how the history of FET is, where its position in international investment law is and what elements of FET standard are. The results show that the FET standard has existed since Havana Charter followed by various FCN, BIT and other international investment agreements. FET standard can be categorized as customary international, legally binding on all countries regardless their national law. Although there is no universal approval regarding the scope of FET standard, the writings which have been published and the arbitral tribunal decision mentions that those elements are legitimate expectation; due process; denial of justice; rule of law; non- discrimination; transparency; consistency, good faith, and reasonableness.
Authority of Security Council to Stop the Jurisdiction of International Criminal Court: Case Study of Security Council Resolution Number 1497 (2003) Sefriani Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 16 No. 1 (2009): English Version
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Though United Nation Security Council is a permanent organ within the UN, this organ is not party of the Rome Statute 1998. As Such, the Security Council is not entitled by the right to amend section 16 of the Rome Statute 1998 which eliminate the jurisdiction of ICC on the UN troops who are the citizen of Non Party in the Rome Statute 1990Keywords: International Criminal Court, Security Council's Resolution no. 1497 of 2003
Yurisdiksi ICC terhadap Negara non Anggota Statuta Roma 1998 Sefriani Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 14 No. 2 (2007)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol14.iss2.art5

Abstract

State Parties of Rome Satute 1998 have a territorial  jurisdiction  over the crimes which occured on  their territorial. This is applied for all authors which come from the state parties and non state parties.
Kewenangan Dewan Keamanan Menghentikan Yurisdiksi ICC : Studi Kasus Resolusi Dewan Keamanan Nomor 1497 Tahun 2003 Author: Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 16 No. 1 (2009)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol16.iss1.art3

Abstract

Though Security Council of the United Nations is a permanent organ within the UN, but this organ is out of the Roma Statute of 1998 coverage. As such, the Security Council in not of the possession of the right to amend the section 16 of the Roma Statute of 1998 which eliminate the jurisdiction of ICC on the UN troops who are the citizen of non state party in the Roma Statute of 1990.Keywords: Keywords: International Criminal Court, Security Council’s Resolution no. 1497 of 2003
Imunitas Negara Asing Di Depan Pengadilan Nasional Dalam Kasus Pelanggaran HAM Yang Berat Konsekuensi Hukum Jus Cogens Terhadap Imunitas Negara Author: Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 1 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss1.art2

Abstract

Gross violation on human right has been occurred at many countries. Almost all of the perpetrators are state .In international law foreign state has immunity before national court. Developing of international law showed that in one side gross violation on human right is prohibited and has a status as jus cogens, peremptory nom under international law. However foreign state immunity before national court is fundamental right. International law doesn’t strictly and clearly governed legal consequences jus cogens norm over gross violation on human right. Some of national court remaining recognized state immunity to foreign state with some legal reason. However others national court denied that immunity.Key words : law’s consequences, state’s immunity, the International law
Ketaatan Masyarakat Internasional terhadap Hukum Internasional dalam Perspekti Filsafat Hukum Author: Sefriani
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 No. 3 (2011)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol18.iss3.art6

Abstract

The research is aimed to figure out whether the International Law is a genuine law. This concerns with why the international community is willing to obey the international law though it lacks of formal institutions that are in charge of empowering the law. This is a normative legal research. The data used in this research are the secondary data along with the secondary law material that is in the form of research result. Through this research, it can be concluded that the nature of coordinative relationship among international community - not having a supranational institution that has an authority in making and forcing the validity of certain international regulation at once to the citizens of nations that are breaking the international law – will not decrease the existence and the essence of the international law as a legal norm. The most major factor emerging the acceptance and the obedience of the international community towards its regulation is the awareness and the needs of all people towards which regulation that can offer the law and order, justice, and law enforcement that can be done and of which can not be done in the practice of the international law. The internally emerged obedience will offer a better result that the one emerged by the punishment.