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All Journal Journal of International Law Indonesia Law Review (ILREV)
Marupa Hasudungan Sianturi
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Law, Crime, Criminology & Criminal Justice

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PERAN PBB SEBAGAI ORGANISASI INTERNASIONAL DALAM MENYELESAIKAN SENGKETA YURISDIKSI NEGARA ANGGOTANYA DALAM KASUS STATE IMMUNITY ANTARA JERMAN DENGAN ITALIA TERKAIT KEJAHATAN PERANG NAZI Marupa Hasudungan Sianturi; Arif Arif; Jelly Leviza
Journal of USU International Law Vol 2, No 1 (2014)
Publisher : Journal of USU International Law

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Abstract

Abstract The United Nations is the biggest international organization in the history of the cooperation growth for many international living sector to all nations in this world. In the international people association, states often get difference of interest so that it can cause a dispute or conflict of state. The existence of the United Nations can take effective in solving international disputes that occur among all nations including in solving the state jurisdiction dispute in the state immunity case between Germany and Italy. The United Nations has the International Court of Justice as the principal judicial organ of the United Nations. International Court of Justice has the competence of the court and legal binding in settle the international disputes based on the United Nations principle. The United Nations has the function through the International Court of Justice in solving the state immunity case between Germany and Italy. The method used in this research is library research data collection. The competence of the International Court of Justice based on the agreement of the state. The legal binding of the International Court of Justice Judgement in deciding international disputes only bind to the parties in case. In addition, the International Court of Justice still effort to settle the case of state immunity between Germany and Italy in peace through the system of Judicial Settlement. Keyword : The United Nations, International Court of Justice, State Immunity
Advocating the Temporary Rights to Work for Refugees and Asylum Seekers in Transit in Indonesia Sianturi, Marupa Hasudungan; Viartasiwi, Nino
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Refugees and asylum seekers are stuck in three to unknown years of protracted transit in Indonesia in their route to reach a destination country. The status of foreign refugees and asylum seekers has deprived them access to basic human needs such as the right to earn a living, education, and healthcare service. This study focuses on the issue of the prohibition to work for refugees and asylum seekers by reviewing the law and regulation concerning refugee protection, rights to work for foreigners, and fundamental human rights. In addition, a review of international norms and conventions on human rights, as well as a focus group discussion with academia on the topic of access to work for refugees, were also conducted. The main questions to be addressed are: first, what is the legal basis for the policy to deprive the rights to work for refugees and asylum seekers in Indonesia? Second, is the regulation used as the legal basis for the policy coherent with other regulations? Third, the study also probes the possible regulations that will allow access to work. Finally, the study departs from the standpoint that while deprivation to work is inherently a human rights violation, the state's right to protect economic wellbeing from presumed threats for its citizens is also rightful. As a contribution to the discourse, this study offers a perspective that can be used as the basis for a legal breakthrough for refugees and asylum seekers access to the economy that balances the need to respect refugees' human rights and accommodate state concerns regarding job security and economy for the citizens.
Co-Authors Arif Arif Jelly Leviza Nino Viartasiwi