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BELLI AC PACIS (Jurnal Hukum Internasional)

belli
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Published by Universitas Sebelas Maret

ISSN : 24605247 EISSN : 27210596 DOI : https://doi.org/10.20961/belli.v7i2

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

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 90 Documents

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PENEGAKAN HUKUM PERDAGANGAN HARIMAU SUMATERA DI INDONESIA BERDASARKAN CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) Fatihah Firdausi; Emmy Latifah
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

This research aims to determine the implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at Indonesia in order to law enforcement efforts aganist illegal trading of Sumatran Tiger in Indonesia and what kind of measures Indonesian’s goverment to enforce the law against the illegal trading of Sumatran Tiger. It is a normative legal research with descriptive mature. The data was secondary one, consist of primary, secondary, and tertier legal materials. Primary legal materials inculeds, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Law Number 5/ 1990 regarding to Conservation of Natural Resources and Ecosystems. Secondary legal materials inculdes, national and international journals, thesis, essay, cyber media and tertier legal materials consist of black law dictionary. The result showed that based on theory by Lawrence Friedman this law enforcement on illegal trading of Sumatran Tiger in Indonesia is still not implement optimally caused by incompatibility reviewed by the substance, structure, and culture of law on Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with Law Number 5/ 1990 regarding to Conservation of Natural Resources and Ecosystems Incompatibility by the substance, structure, and culture of law must be fixed with the steps are amandement the law substance, increased socialization of the rule of law and changes in the culture/legal culture.

Kewajiban Indonesia Menurut International Covenant On Civil And Political Rights Atas Kekerasan Terhadap Kelompok Transgender Ilman Ramadhanu; Siti Muslimah
BELLI AC PACIS Vol 4, No 2 (2018): December, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

This study aimed to understand the obligations of Indonesia according to International Covenant on Civil and Political Rights regarding violence acts toward transgender community in Indonesia. This study uses the normative method with conceptual and statute approach. Legal materials are collected through library study and analyzed through deductive method. The study shows that as a member of ICCPR, Indonesia has yet to fully perform its obligation to respect, protect, and fulfill transgender rights especially regarding violence. In respecting transgender rights, Indonesia allows change of sex, however there are still problematic regulations that are often used to justify violence towards transgender. Regulations that are meant to preventively protect transgender do not have any provisions that prohibits gender-based violence and law enforcement seems absent in punishing the perpetrators. Remedial measure has been provided with complaint mechanism through Indonesia’s National Human Rights Commission.The fulfillment of transgender rights have been shown by adding transgender issues as one of priorities of Indonesia’s National Human Rights Commission.

PERLINDUNGAN HUKUM TERHADAP MASYARAKAT GUARANI DALAM KASUS BIOPIRACY OLEH COCA-COLA BERDASARKAN PENGATURAN ACCESS AND BENEFIT SHARING DALAM CONVENTION ON BIOLOGICAL DIVERSITY (STEVIA STUDY CASE) Layla W Puspita Sari
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

This research traces the identification of biopiracy conducted by Coca-cola Company toward stevia leaf in the jurisdiction of Brazil and Paraguay based on the provision of access and benefit sharing according to Convention on Biological Diversity. The type of research used is normative with prescriptive analytic to identifiy the conduct of biopiracy by Coca-cola Company to establish legal protection for Guarani People. The data used is secondary data that was collected by library reseacrh and with editing analysis style. The result of this research lead to the fact that the conduct of biopiracy did exist during the utilization of stevia by Coca-cola Company due to the absence of State’s Consent and no information delivered to the Guarani People. The locus of the conduct was involved two nations which impacted to the State’s obligation to protect the rights of its people. The fact that Brazil has already eancted the provision of access and benefit sharing but Paraguay has not due its unawareness that such commercial benefit may arise from the utilization of genetic resources take into account that if it requires for legal enforcement. The implementation of access and benefit sharing provision will ensure the legal protection for its people with optimal supervision.

PERANAN DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA DALAM KRISIS NUKLIR KOREA UTARA Hanafi Dwi Atmojo; Margareta Siska Widianingrum; Dhani Kristanto Utomo
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

This study aims to identify and describe the action done by UN Security Council related to its role in dealing with the nuclear crisis in North Korea as well as assessing the suitability of the UN Security Council action in dealing with the nuclear crisis in North Korea with the provisions of Chapter V-VII of the UN Charter. The type of this research is legal research. The type of data used is secondary data, which consist primary, legal materials, legal materials and secondary and tertiary legal materials. The technique of collects is data library research techniques. The UN Security Councils action in addressing the North Korean nuclear crisis are investigation, recomendation and supporting the Six-Party Talks, it has provided sanctions against North Korea with Resolution 1698, 1718, and 1874. UNSC action is appropriate because it is based on Article 24 paragraph (1) Chapter V, Article 33 paragraph (1) and (2) Chapter VI, Article 34, Chapter VI, Article 39 of Chapter VII 41 Chapter VII of the UN Charter.

KEDUDUKAN HUKUM TAKHTA SUCI DARI PELAKSANAAN BASIC AGREEMENT BETWEEN THE HOLY SEE AND THE PALESTINE LIBERATION ORGANIZATION SEBAGAI BENTUK PENGAKUAN PALESTINA SEBAGAI ENTITAS NEGARA DALAM HUKUM INTERNASIONAL Advent Eden Sihono; Rachma Indriyani
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

This legal research aims to know the legal position of the Holy See as the subject of international law in recognizing Palestine as a state entity in international law and knowing how the legal consequences of the implementation of the Basic Agreement Between The Holy See and the Palestine Liberation Organization toward the Holy See and Palestine. This legal research is a normative legal research. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The topic of legal material settlement is literature study and document study which then analyzed by logical, systematic and juridical. The results of this legal research are: first, the Holy See has the same status as the state in recognizing a state entity, although it has no state instrument. Second, the legal consequences of the Basic Agreement between the Holy See and the Palestine Liberation Organization are the Comprehensive Agreement which has three important points, namely the Palestinian Authority granting freedom of religion and rule to the Catholic laity, and assisting in the establishment of the church both legally and financially, the Palestinian Authority gives protection for sites of status quo and other holy sites which deserve special protection, and provide autonomous legal status and tax exemption, formal recognition of the Palestinian Authority as a state by the Holy See.

PERANAN ASEAN COORDINATING CENTRE FOR HUMANITARIAN ASSISTANCE ON DISASTER MANAGEMENT (AHA CENTRE) DALAM PENANGGULANGAN BENCANA ALAM DI ASIA TENGGARA MELALUI ASEAN AGREEMENT DISASTER MANAGEMENT AND EMERGENCY RESPONSE 2005 (AADMER Sonya Basamida Marbun
BELLI AC PACIS Vol 6, No 1 (2020): June 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/belli.v6i1.59965

This article aims to identify and analyze the role of the AHA Centre and the effectiveness of the AHA Centre in overcoming natural disasters in the Southeast Asia region based on AADMER 2005. This article uses prescriptive method with primary and secondary legal resources which are collected through library study method and analyzed by deduction method. Based on the study, the author concludes that the AHA Centre has important roles in Southeast Asia as it is the only body that has functions to overcome natural disasters since there is no comprehensive international law about natural disasters management in universal. The author also concludes that the AHA Centre is effective by analyzing with the international organization effectiveness theory by Fiermann and Bauer.

YURISDIKSI INTERNATIONAL CRIMINAL COURT (ICC) DALAM PENEGAKAN PELANGGARAN HAK ASASI MANUSIA BERAT OLEH OMAR HASSAN AL-BASHIR DI DARFUR, SUDAN Mega Oktaviana
BELLI AC PACIS (Jurnal Hukum Internasional) Vol 7, No 2 (2021): December 2021
Publisher : Faculty of Law Universitas Sebelas Maret

The ICC is independent court that prosecutes serious crimes under article 5 Rome Statue and has jurisdiction of the State Parties. Omar Al-Bashir is alleged of comitting human rights violations in Sudan’s Darfur. However, the problem is that Sudan is not a state party of Rome Statue 1998. The purpose of this research is to find out does the ICC has jurisdiction to investigate and adjudicate human rights violations by Omar Al-Bashir in Darfur, Sudan. This research is prescriptive normative legal research. Type Legal materials include primary and secondary legal materials. The technique of collecting legal materials used is literature study and through research instrument. The results showed that the ICC as an international judicial institution has jurisdiction to investigate and adjudicate human rights violations by Omar Al-Bashir that occurred in Darfur, Sudan. However, Omar Al-Bashir’s status as head of state with immunity, the weak authority of the ICC in carrying out the arrest of Omar Hassan Al-Bashir, and the lack of cooperation between Sudan and state parties in carrying out the arrest of Omar Hassan Al-Bashir hampered the judicial process. The ICC has conducted an investigation, issued a warrant for arrest of Omar Hassan Al-Bashir and cooperated with Sudan so that Sudan agreed to hand Omar Hassan Al-Bashir over to the ICC for trial. The jurisdiction ICC to prosecute Omar Al-Bashir shows that perpetrators of serious human rights violations can still be tried wherever he is regardless their impunity. In addition, international cooperation is necessary in investigation and prosecution of crimes for the smooth of the judicial process.

KAJIAN MENGENAI PERBURUAN PAUS PILOT (GRINDADRAP TRADITION) DI KEPULAUAN FAROE ATLANTIK UTARA BERDASARKAN INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING (ICRW) Galuh Purborini
BELLI AC PACIS Vol 1, No 1 (2015): June, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Preservation and protection of the whale population is one of the main focus of international law enforcement. The threat of illegal whaling and illegal frequent in the interests of commercial and cultural traditions of a society or indigenous people. One species of whale that has endangered the existence is pilot whales continue to be hunted. Pilot whales diminishing its population due to hunting continuously by society Faroe Islands, the North Atlantic tradition carried to run each year, that tradition called Grindadrap tradition. Meanwhile , in fact there are International Convention For The Regulation of Whaling (ICRW) and the practical efforts undertaken by an international organization which is the International Whaling Commission (IWC). However, there is uncertainty existing regulations in the ICRW does not specifically regulate the ban on whaling and still allow the existence of a special permit (Special Permit) if the hunting and killing of whales deemed necessary. ICRW restore specific policies set by each country that Faroe Island authority of the state which is a region of Denmark. In fact Denmark has ratified ICRW in 1950. There is a failure to achieve an agreement between Denmark and the Faroe Islands led to Grindadrap tradition still occur which could threaten marine ecosystems until today.

KAJIAN TENTANG PENUNDAAN EKSEKUSI MATI BERDASARKAN INSTRUMEN HUKUM HAK ASASI MANUSIA INTERNASIONAL Dhani Kristanto Utomo; Siti Muslimah; Handojo Leksono
BELLI AC PACIS Vol 2, No 2 (2016): December, 2016
Publisher : Faculty of Law Universitas Sebelas Maret

This research purposed to get a legal argumentation related of the prolonged delays in the execution according to instruments of international human rights law. The question will be answered based on the norms and principles of international human rights law. The sources of this research are international conventions, doctrine, customary international law, publications, and national law in Indonesia. The legal sources collected by library research. The result show that the prolonged delays in the execution may violate Article 14 paragraph (3)c and Article 7 of the Covenant on Civil and Political Rights. There are so many countries, included Indonesia, have violated those articles.

Analisis Kebijakan Presiden Duterte Melakukan Extrajudicial Killing Dalam Memberantas Narkoba di Filipina Berdasarkan Statuta Roma 1998 Fivi Fajar Iryana; Handojo Leksono
BELLI AC PACIS Vol 4, No 1 (2018): June, 2018
Publisher : Faculty of Law Universitas Sebelas Maret

This study aims to analyze the extrajudicial killing measures conducted by President Duterte may or may not be qualified as an international crime and the application of individual responsibility principles against President Duterte under International Criminal Law, especially the Rome Statute 1998. This research is normative legal research is prescriptive and applied with statute approach, case approach, and conceptual approach. The legal substance of this study uses primary legal materials and secondary legal materials. Technique of collecting legal material through literature study or document study, which then analyzed by using deduction technique based on deductive reasoning method. The research results show that extrajudicial killing action in the Philippines which is one of the effects of President Duterte’s ‘war on drugs’ policy has violated international human rights, namely ICCPR Article 6 paragraph (1) on the right to life, Article 9 paragraph (1) on freedom and personal safety, and ICSECR Article 12 on the right to health. In addition, the Philippines also violates the National Human Rights, namely the Constitution of the Republic of Philippines 1987 Chapter III Article 14 paragraph (1) on equal protection before the law. Such human rights violations may be qualified as crimes against humanity under the Rome Statute 1998 for fulfilling the elements of crimes against humanity in accordance with Article 7 of the Rome Statute 1998. Thus the principle of individual responsibility under Article 28 of the Rome Statute 1998 on Responsibility of Commanders and Other Superior can be applied against President Rodrigo Duterte.

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Anang Setiyawan

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+6285235979666

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belliacpacis@mail.uns.ac.id

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Faculty of Law Universitas Sebelas Maret Ir Sutami Road No. 36A,, Kentingan Surakarta

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Jawa tengah

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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