cover
Contact Name
Anang Setiyawan
Contact Email
anangsetiyawan@staff.uns.ac.id
Phone
+6285235979666
Journal Mail Official
belliacpacis@mail.uns.ac.id
Editorial Address
Faculty of Law Universitas Sebelas Maret Ir Sutami Road No. 36A,, Kentingan Surakarta
Location
Kota surakarta,
Jawa tengah
INDONESIA
BELLI AC PACIS
ISSN : 24605247     EISSN : 27210596     DOI : https://doi.org/10.20961/belli.v7i2
Core Subject : Humanities, Social,
Modern international law in the last few decades has experienced very rapid development, this is characterized by the emerge of the State in a modern sense, as well as a legal system that regulates relations between countries and international legal entities with each other. Relations between countries are no longer limited by absolute sovereignty, for example in the case of war crimes, the international community could sue countries or even individuals to be responsible for these actions based on universal principles. Recently, State practices is shifting from the hard law legal system to soft law which can be an alternative solution in breaking the deadlock when international political compromises are difficult to realize. Various international law development shows that there is a need for the international community to form a legal system that is acceptable to all parties, especially the State as a subject of international law par excellence. Therefore, the Belli ac Pacis Journal presents the multifarious developments in contemporary international law as a study of current State practices. The Belli ac Pacis Journal encompasses Public International Law, International Law of the Sea, International Humanitarian Law, International Environmental Law, International Criminal Law, International Organizational Law, International Dispute Settlement Law, Diplomatic Law, Air and Space Law, International Trade Organization Law, ASEAN Law, and International Economic Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 76 Documents
TINJAUAN HUKUM INTERNASIONAL ATAS SERANGAN MILITER AMERIKA SERIKAT TERHADAP ISLAMIC STATE OF IRAQ AND SYRIA DI WILAYAH NEGARA IRAK DAN SURIAH Rizky Irfano Aditya; Siti Muslimah
BELLI AC PACIS Vol 2, No 1 (2016): June, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (120.687 KB) | DOI: 10.20961/belli.v2i1.27442

Abstract

This research aims to determine International law view on theUnited States military agression against Islamic State of Iraq and Syria in the territory of Iraq and Syria.This research is a normative research viewed from prescriptive with statute and case approach. This research is using primary legal materials and secondary legal materials. The legal materials collected through library research and study of the document which is then analyzed using a technique based on the method of deductive reasoning deduction. The result shows that U.S. military agression against Islamic State of Iraq and Syria in the territory of Iraq and Syria never violates international law. Intervention, which practically is prohibited because its capability of violating state’s sovereignity gets its legitimation by several conditions. Responsibility to Protect principle which concerns on human rights establishment also bridges intervention and state’s sovereignity principle.
Analisis Tindakan Scorched-Earth Policy (Taktik Bumi Hangus) oleh Junta Militer Myanmar Terhadap Suku Rohingya di Rakhine Menurut Hukum Humaniter Internasional Muhammad Herniko Keisar Odippradana; Ayub Torry Satriyo Kusumo
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 (423.079 KB) | DOI: 10.20961/belli.v5i2.40031

Abstract

This article analyzes the use of scorched earth policy, and an indication of crimes against humanity which are commited by Military Junta of Myanmar against Rohingya tribes based on International Humanitarian Law. This article uses normative research methods, namely research based on legal materials which its focus is conducted by studying primary and secondary legal materials. Based on the study, the author concludes that Military Junta of Myanmar brutally and sadistically commited scorched earth tactic in order to sweep away Rohingya ethnics from its territory. Though Military Junta did commit the scorch earth tactis, there is an indication that Military Junta of Myanmar also commited crime against humanity along with the scorched earth, such as deportation or forced eviction, rape and forced pregnancy, and systematic massive killing. These acts explicitly violate Additional Protocol I of the 1977 Geneva Convention and the Rome Statute of 1998.
Analisis Tindakan Scorched-Earth Policy (Taktik Bumi Hangus) oleh Junta Militer Myanmar Terhadap Suku Rohingya di Rakhine Menurut Hukum Humaniter Internasional
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 (423.079 KB) | DOI: 10.20961/belli.v5i2.40031

Abstract

This article analyzes the use of scorched earth policy, and an indication of crimes against humanity which are commited by Military Junta of Myanmar against Rohingya tribes based on International Humanitarian Law. This article uses normative research methods, namely research based on legal materials which its focus is conducted by studying primary and secondary legal materials. Based on the study, the author concludes that Military Junta of Myanmar brutally and sadistically commited scorched earth tactic in order to sweep away Rohingya ethnics from its territory. Though Military Junta did commit the scorch earth tactis, there is an indication that Military Junta of Myanmar also commited crime against humanity along with the scorched earth, such as deportation or forced eviction, rape and forced pregnancy, and systematic massive killing. These acts explicitly violate Additional Protocol I of the 1977 Geneva Convention and the Rome Statute of 1998.
PENERAPAN FORESEEABILITY OF HARM DAN PRECAUTIONARY PRINCIPLE DALAM PENGATURAN SAMPAH PLASTIK SEBAGAI LAND-BASED SOURCE Adori Raka Susanto
BELLI AC PACIS Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (678.109 KB) | DOI: 10.20961/belli.v7i2.59992

Abstract

Marine pollution caused by plastic waste is regarded as a land-based sources type of marine pollution. The current regulation of land-based sources pollution, especially plastic waste is still too general and not effective. This legal research aims to analyze the existing international regulations regarding land-based pollution and how to implement the foreseeability of harm and precautionary approach principles for specific international arrangements regarding plastic waste pollution in the future. This article concludes that the application of the principle is important to ensure the effectiveness of the regulation regarding plastic waste, since the nature of the principle is to prevent.
STATUS KONFLIK DAN PERLINDUNGAN HUKUM TERHADAP KORBAN PADA KONFLIK ISLAMIC STATE OF IRAQ AND SYRIA (ISIS) DALAM PERSPEKTIF HUKUM HUMANITER INTERNASIONAL Al Wasilah Untung Sukowati
BELLI AC PACIS Vol 1, No 1 (2015): June, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.926 KB) | DOI: 10.20961/belli.v1i1.27370

Abstract

Conflicts involving the group Islamic State of Iraq and Syria (ISIS) is a conflict that arise in Iraq and Syria. This conflict continues to result in victims of the conflict in line with the increasing intensity of clashes in the country for territory in Iraq and Syria. International humanitarian law is a legal framework that plays an important role in determining the status of the conflict and forms of legal protection for victims of the conflict. The discussion on whether there is an armed conflict is important before determining the status of the armed conflict. After knowing the status of the armed conflict, it can be seen the provisions of international humanitarian law which is applied to protect the victims of conflict. This method uses normative law research. Source of research material used in this paper is the primary legal materials and secondary legal materials. The collection of legal materials carried with a literature study or studies document. Then, the analytical techniques legal materials used syllogism deduction.
YURISDIKSI THE MECHANISM FOR INTERNATIONAL CRIMINAL TRIBUNALS (MICT) TERHADAP KEJAHATAN HAM BERAT YANG DILAKUKAN RATKO MLADIĆ PADA SAAT KONFLIK BERSENJATA DI BOSNIA-HERZEGOVINA Yogie Indra Kurniawan; Ayub Torry Satrio Kusumo
BELLI AC PACIS Vol 2, No 2 (2016): December, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (414.13 KB) | DOI: 10.20961/belli.v2i2.27452

Abstract

This research purpose to analysis Ratko Mladić kind of violations of human right in Bosnia-Herzegovina 1992-1995 and law enforcement mechanism against Ratko Mladić who caught in 2011. This research is the normative legal research is prescriptive and applied approach to the conceptual approach, statute approach and  cases approach. The research results showed that Ratko Mladić did severe human rights violations; 1) genocide, 2) crimes againt humanity, 3) war crimes and There are two mechanisms for conducting law enforcement to Ratko Mladić who have committed human rights violations. First by using the national mechanisms, second using Ad Hoc MICT Court instead of an Ad Hoc Court of the ICTY mandate has been completed in 2010.
Urgensi Indonesia Meratifikasi The Convention Relating To The Status Of The Refugees 1967 Dan Protocol New York 1967 Mengenai Pengungsi Internasional Agastya Fatchur Royyan; Sri Lestari Rahayu; Ayub Torry Satriyo Kusumo
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 (449.067 KB) | DOI: 10.20961/belli.v4i1.39977

Abstract

This legal research examines the urgency of Indonesia to ratify the 1951 Convention Relating to the Status of the Refugees and the 1967 New York Protocol on international refugees. Because in Indonesia there is no regulation that can be submitted reference or reference to be able to handle the refugee problem properly and optimally. Given Indonesia’s strategic geographic location for refugees, Indonesia has not ratified the 1951 Protocol to the Status of the Refugees and the 1967 New York Protocol on international refugees, which are modern international refugee law instruments. Both Conventions are also a form of global human rights concern for international refugees. The research used is descriptive normative research through approach of legislation (statue approach). Techniques of collecting legal materials used are literature studies related through print media or internet media. The technique of legal material analysis uses a method of deduction which departs from a general proportion whose truth has been recognized and ends at a more specific conclusion. Based on research and discussion, it can be seen that Indonesia needs a legal instrument that can be used as a reference in overcoming the problem of international refugees optimally. The legal instrument in question is the 1951 Protocol to the Status of the Refugees and the 1967 New York Protocol on international refugees. By ratifying the two instruments of international law, Indonesia will have a legal instrument that can be used as a reference in optimizing the international refugee problem and play a role in international human rights concerns, especially for international refugees.
Pemenuhan Hak Muammar Khadafi Sebagai Hors de Combat dalam Konflik Bersenjata Libya Rintario Adhi Kameswara; Sri Lestari Rahayu
BELLI AC PACIS Vol 5, No 1 (2019): June, 2019
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.613 KB) | DOI: 10.20961/belli.v5i1.40020

Abstract

This article describes and examines the problem of how to fulfill hors de combat rights in armed conflict with the case study of Muammar Khadafi’s human rights violations as hors de combat. Methodology and research used are normative research methods that have the same definition as doctrinal research, namely research based on legal materials whose focus is on reading and studying primary and secondary legal materials. Based on the results of the study, the authors concluded that the rights of Muammar Gaddafi as Hors de Combat were not fulfilled in accordance with International Humanitarian Law. This is because it violates the provisions contained in the Geneva Conventions of 1949 concerning the treatment of sick and injured combatants, and Additional Protocol I 1977 because in this case Muammar Khadafi is a person who has legitimate hors de combat status.
PRINSIP CAVEAT VENDITOR DAN CAVEAT EMPTOR DALAM SENGKETA KETIDAKSESUAIAN BARANG DALAM KONTRAK JUAL BELI INTERNASIONAL Dini Kartika Salsabila
BELLI AC PACIS Vol 7, No 1 (2021): June 2021
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.157 KB) | DOI: 10.20961/belli.v7i1.59984

Abstract

In national and international trade it is common to encounter trade disputes, one of the disputes is the non-conformity of the traded goods. This can occur due to various factors originating from both the seller and the buyer. Hence, trade contracts must be made explicitly regarding the rights and obligations of the parties as well as clear arrangements for liability of parties that can facilitate the parties in the event of a dispute in the future and brought into the realm of international arbitration then it can be resolved by the guidance of Article 35 of the CISG. This article will be discussed in detail about the provisions of the conformity specifications of goods that are regulated internationally in Article 35 of the CISG and pay attention to the principle of caveat venditor and caveat emptor as supporting rules for Article 35 of the CISG.
LEGALITAS PENGGUNAAN DRONE YANG MELINTASI BATAS NEGARA BERDASARKAN HUKUM INTERNASIONAL Neza Zakaria; Sasmini Mintorodihardjo
BELLI AC PACIS Vol 1, No 1 (2015): June, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.652 KB) | DOI: 10.20961/belli.v1i1.27360

Abstract

This researchis aims to analyze the legality of use of drones crossing international borders under international law and based on the concept of state sovereignty. This research is normative. The sources of this research are secondary resources that collected by study documentation and interviews are analyzed by interpretation and content analysis. The results show there has been no specific regulations related to the operation of the drones. However, based on general international law, the operation of cross-border drone legal if there is a prior agreement, operated in accordance with the principle of general law, and operated by the combatants. A drone without permission does not violate state sovereignty when a state uses his self defense right and the use of the concept humanitarian intervention. Therefore there is a need a law that specifically regulate the operation of drones especially that  used to cross the borders of other countries.