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 (Jurnal Hukum Internasional)
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 90 Documents
STATUS HUKUM ORANG DALAM KOLONISASI MANUSIA DI PLANET MARS OLEH PERUSAHAAN SPACEX DITINJAU DARI HUKUM INTERNASIONAL Renaldi Junianto
BELLI AC PACIS Vol 6, No 2 (2020): December 2020
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.253 KB) | DOI: 10.20961/belli.v6i2.59981

Abstract

This study aims to analyze the determination of the legal status of people conducting human colonization on Mars and the protection of international law against them. This type of research is descriptive normative research in order to describe the principles of International Law used in determining the legal status of people conducting human colonization on Mars and protecting International Law against them. The data source used is secondary data, data collection techniques study documents or library materials used to be able to find secondary data. The results of this legal research are: first, people who do human colonization on Mars conducted by SpaceX can be considered as astronauts or personnel as a term given by international treaties. This is based on the provisions of Article 10 of the Moon Agreement. Second, people who conduct human colonization are considered as astronauts and personnel so that they get the same legal protection as astronauts and personnel in space exploration in general. The use of the Moon Agreement as a basis for determining the legal status of those colonizing the planet Mars certainly cannot be longlasting. Because the problems that will arise in human colonization activities are not limited to the status of people who carry out such colonization.
LEGITIMASI PENERAPAN PRINSIP RESPONSIBILITY TO PROTECT DALAM PENGGUNAAN SENJATA KIMIA DI REPUBLIK ARAB SURIAH Dana Pieriza; Sri Lestari Rahayu
BELLI AC PACIS Vol 1, No 2 (2015): December, 2015
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.363 KB) | DOI: 10.20961/belli.v1i2.27410

Abstract

This research is aimed to find out the legitimacy of  principal of responsibility to protect in armed conflict, especially the armed conflict that occur in Syria Arab republic which is become the focus in this research. The alleged violations against humanity and also the use of chemical weapons in this armed conflict become the main factor in enforcing the principal of responsibility to protect. This research is doctrinal or normative research that prescriptive in nature which is explain why law is still needed although there is already social norm. In analyzing the data that has been gathered and will be used in this research, case approach is used and a case study that occur in Kosovo and also Libya are used as reference. Based on the result in this research can be concluded that the used of principle of Responsibility to protect can justified, provided that certain criteria are met, like an occurrence of violations against humanity and also a failure of resolving this matter using a peacufull mean.
HOMO SACER: ANAK-ANAK PENGUNGSI INTERNASIONAL YANG LAHIR DI INDONESIA AKIBAT TIDAK DIPENUHINYA HAK UNTUK MENDAPAT KEWARGANEGARAAN Yuera Rizki Kaharudin; Sri Lestari Rahayu; Ayub Torry Satriyo Kusumo
BELLI AC PACIS Vol 3, No 2 (2017): December, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.559 KB) | DOI: 10.20961/belli.v3i2.27478

Abstract

International refugees phenomena gives birth to new problems to solve for national and international law like Geneva Convention 1951 or New York Protocol 1967 about refugee status, the handling of of international refugees, and the fullfilment and violation of their basic human rights. Indonesia is one of many the countries that declined to sign the Jenewa Convension and lack the nececery law to deal with international refugees that decide to come to the country. This lack of laws open up a loop hole that may cause the basic human right of international refugees to be violated. One of that right that may be violated is the right for international refugee’s kids who’s born in Indonesia to get Indonesian citizenship. This research will mainly talk about the problems regarding the citizenship of international refugee’s kids who’s bron in Indonesia. In addition it will also talk about international and national law in the spirit of solving the citizenship problem. Last but not least, this paper will also explain the condition of the stateless person that does not have their basic right granted in political commuties or a country. The right to citizenship is very crucial to fulfill human’s basic right and other rights that comes with citizenship. This is what Hannah Arendt called as the right to have right.
Upaya Penggugatan Tanggung Jawab Hukum Atas Kejahatan Internasional Yang Melibatkan Pasukan Perdamaian Perserikatan Bangsa-Bangsa Berdasarkan Ketentuan Hukum Internasional (Studi Putusan Rechtbank Den Haag 16 Juli 2014 atas Gugatan Stichting Mothers of Srebrenica Bosnia terhadap Negara Belanda dan PBB) Amanda Ulinnuha; Prasetyo Hadi Purwandoko; Diah Apriani Atika Sari
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 (395.308 KB) | DOI: 10.20961/belli.v4i2.39981

Abstract

  The objective of this research is to analyze the responsibility of the United Nations (UN) and its Member States as subjects of international law, in relation to law enforcement against international crime involving the act of omission and/or the act of commission by on-duty peacekeeping soldiers in UN authorized Peacekeeping Operation. This legal research is a normative legal research. It sets sources of international law containing regulations and theories concerning responsibility of international organizations and states and immunity of the UN and its agents, as well as judicial decision established by the Dutch District Court for the Srebrenica Genocide as its normative grounds. This legal research is an analytical research. This legal research applies statute approach, case approach and conceptual approach and uses primary and secondary legal materials. The result of this research shows that both the UN and Member States can be held responsible for the conduct of their troops in the midst of peacekeeping operation as long as it is attributed to them.
PENERAPAN PRINSIP NON DISKRIMINASI DALAM PERDAGANGAN INTERNASIONAL TERHADAP PRODUK SEJENIS DALAM SISTEM WORLD TRADE ORGANIZATION (STUDI KASUS DS406 = CLOVE CIGARETTE) Constantin Dwi Rendragraha
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.v6i1.59967

Abstract

This paper aims to determine the concepts of most favoured nation (MFN) and national treatment (NT) in the World Trade Organization (WTO) system and its application in the case of DS406: Clove Cigarette. The method of research, normative descriptive by using secondary data analyzed with a qualitative approach, resulting in a presentation of descriptive data and analysis. MFN and NT are a principle of non-discrimination contained in WTO. MFN is a principle that should not differentiate the treatment of WTO member States, while NT is a principle that should treatment no less favourable to local domestic products and member State products. The application of the principle to the case DS406: Clove cigarette, Panel interpretation of like product in article 2.1 TBT Agreement emphasizes that menthol cigarette product is considered to be like product of Kretek cigarette products based on the policy objectives of the Technical regulation while Appellate Body is based on competitive relationship
PERAN HUKUM INTERNASIONAL DALAM MENEKAN PENGARUH EMISI SEKTOR PENERBANGAN TERHADAP LAJU PERUBAHAN IKLIM Leony Marcha Rotua Cahaya Pardede
BELLI AC PACIS (Jurnal Hukum Internasional) 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 (672.285 KB) | DOI: 10.20961/belli.v7i2.59997

Abstract

Aviation emission as a factor in increasing and distribution of Greenhouse Gasses emission is a contributor to climate change and are expected to increase from 3% to 15% in 2050 if no international standard precautions are applied. Therefore, there is a need for regulations to be put in place to control aviation emissions. This legal research aims to describe the role of international law in efforts to reduce emission from aviation sector, as well as the enforcement imposed on countries to control emissions. Using a legal approach, the author examines how the Chicago Convention, the Kyoto Protocol, and the Paris Agreement regulate aviation emissions. The results of this study indicate that aviation emission are regulated in two international regimes, namely the International Civil Aviation regime and the Climate Change Regime, but with the enactment of these two regimes, there is still an increase in aviation emissions from countries by the year 2019. Therefore, a new and more structured steps are needed to reduce emissions from the aviation sector.
KONFLIK BERSENJATA DI WILAYAH UKRAINA TAHUN 2014 MENURUT HUKUM HUMANITER INTERNASIONAL Mirsa Prajodi; Handojo Leksono; Ayub Torry Satrio Kusumo
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 (225.913 KB) | DOI: 10.20961/belli.v1i1.27380

Abstract

War is one way to solve a problem from one country to another, and therefore the need for a rule that governs the war. Countries in antiquity had the rule of law governing the rules of war, but only limited in terms of fighting and different for each country. Starting from this it was made a universal rule that governs not only how to fight but from the beginning of the war, the procedure of the war, the setting of a weapon, to the treatment of civilians and prisoners of war. So from that emerging international humanitarian law governing matters more complex than an armed conflict. International humanitarian law also regulates the types of conflict and there are two types of fundamental conflict governed by international humanitarian law, namely international armed conflict and non-international armed conflict. The ongoing conflicts and interesting that the crisis in Ukraine. Conflicts arising from the desire Lugansk and Donbass city folk to liberate themselves from the Ukraine were assisted by Russia. Small demonstration was later developed, including the emergence of pro-Russian separatist movements in the eastern region of Ukraine. Ukrainian crisis of instability in the country which was originally grown increasingly worse until NATO down to secure the armed conflict.
EKSIL POLITIK DALAM PERSPEKTIF HUKUM PENGUNGSI INTERNASIONAL Muhammad Faisal; Siti Muslimah; Ayub Torry Satrio Kusumo
BELLI AC PACIS Vol 3, No 1 (2017): June, 2017
Publisher : Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.53 KB) | DOI: 10.20961/belli.v3i1.27458

Abstract

This research discusses the experience of Indonesian exiles. Presented in a chronological order from their departure to foreign countries until the post-Suharto era. It shows a strong interaction between international and domestic political battles as the context of their origin. Organized based on observations of the Indonesian exiles, in addition to related literature review, this research points out the effort by the exiles to maintain their nasionalist commitment by creating a counter narrative to Indonesian historiography that neglected them. This research is normative legal research which is descriptive. In nature the data used in this research is secondary data including primary legal materials, secondary and tertiary. Data collection techniques used is library study and through cyber media. A Convention 1951 on the status of refugees and the 1967 Additional Protocol will be the main instrument to be considered. Technical analysis is content analysis method.The results showed that the presence of exiles in accordance with the definition of a refugee under the Vienna Convention 1951 and Protocol of 1967. In addition, as a result of government policy in the past makes the fulfillment of the political-constitutional rights as citizens exile has not fulfilled properly according to the UUD 1945.
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.
KEPATUHAN HUKUM REPUBLIK DEMOKRATIK KONGO TERHADAP CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) ATAS PERLINDUNGAN POHON TROPIS AFRORMOSIA Masyitha Salsabila
BELLI AC PACIS (Jurnal Hukum Internasional) 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 (280.438 KB) | DOI: 10.20961/belli.v7i1.59988

Abstract

Trees are forest products whose number continues to decrease over time due to fulfilling human needs to sustain their lives. Continuous deforestation can threaten and destabilize ecosystems on earth, which leads to international environmental issues that have yet to be resolved. The purpose of this legal research was to determine the legal compliance of the Democratic Republic of the Congo (DRC) towards regulations by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for the protection of the tropical Afromosia tree and the steps that the DRC should undertake in maintaining the existence of the Afromosia tree which is now endangered from extinction. This study is normative legal research with a statute and case approach and analyzed through inductive analysis techniques. Make use of indicators from the international legal compliance theory by Andrew T. Guzman, namely the model of rational and self-interested states theory, the results of the study show that the DRC has a low level of legal compliance with the provisions of the CITES convention related to the protection of Afrormosia trees.