cover
Contact Name
Muhammad Reza
Contact Email
muhammadreza@unsyiah.ac.id
Phone
-
Journal Mail Official
sjil@unsyiah.ac.id
Editorial Address
Fakultas Hukum Universitas Syiah Kuala Jalan Putroe Phang No.1. Darussalam, Provinsi Aceh, 23111 Telp: (0651) 7410147, 7551781. Fax: 7551781
Location
Kab. aceh besar,
Aceh
INDONESIA
Student Journal of International Law
ISSN : -     EISSN : 28078497     DOI : -
Student Journal of International Law is a join initiative of International Class Program and International Law department of faculty of Law Syiah Kuala University in Aceh-Indonesia. SJIL is published in a periodic of two times a year, i.e. August, and December. Accepted articles within a certain period will be published online and can be accessed full text through the website of the journal. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Aceh autonomous region and its relation with Indonesia and global sphere, in particular on international law issues. Published exclusively in English, the SJIL seeks to expand the boundaries of local, national and global legal discourses to access English-speaking contributors and readers all over the world. The SJIL, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. Novelty and recency of issues, however, is a priority in publishing. The Editorial Board shall not be responsible for views expressed in every article.
Articles 26 Documents
THE ROLE OF CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE Ainal Zahra Nabila
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i1.19675

Abstract

In this study, ExxonMobil's Corporate Social Responsibility (CSR) programs are examined in order to investigate their role for the remedy of affected people in the crimes against humanity case that occurred in North Aceh. The methods that involved in this research is library research methods that describes the case, gathers, and organizes a wide variety of data from the document study (libraries) to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity case committed by the party that is affiliated with the ExxonMobil, which is Indonesian National Armed Forces. In results, this research found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR, that comply with international guidance and standard of CSR.
CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA Ainal Zahra Nabila; Lena Farsia
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.109 KB) | DOI: 10.24815/sjil.v2i1.21730

Abstract

This paper examines  ExxonMobil's Corporate Social Responsibility (CSR) programs for the remedy of affected people in the crimes against humanity cases that occurred in North Aceh, Indonesia. The method applied to this paper is normative research that describes the case, gathers, and organizes a wide variety of data from the document to produce a report about the role of CSR programs for the remedy of the affected people in crimes against humanity cases committed by the party that is affiliated with the ExxonMobil, (Indonesian National Armed Forces). This paper found that the role of CSR for the remedy of affected people in ExxonMobil crimes against humanity case can be handled by corporate citizenship, which is a limited concept of CSR that comply with international guidance and standard of CSR.
ANTI-CORRUPTION IDEOLOGY IN HIGHER EDUCATION IN INDONESIA Sulaiman Sulaiman
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (180.808 KB) | DOI: 10.24815/sjil.v1i1.18080

Abstract

Anti-corruption ideology will get through deeply into the system of beliefs. Individuals with anti-corruption ideals are strengthened with their values, ideas, and norms, saying that corruption is atrocious. One of the potential opportunities for instilling the beliefs system is in higher education, where the education and teaching process and its recycling are taking place. The educational process at a higher education level is considered more established in understanding various levels of sciences and knowledge. Therefore, higher education has the greatest potency to ingrain anti-corruption ideals and encourage resistance against corrupt behavior. However, the potential is still debatable because educated persons conduct corruption, as it has been categorized as white-collar crime. Figures displayed by corruption statistics are outrageous. First, the rate of corruption targeted for investigation, being investigated, and punished is growing. Second, there is a tendency that the more a person developed, becomes more respected and educated, the more chances for the person to have a corrupted mindset. Hence, it can be concluded that education does not cause neglectfulness and powerlessness of someone to avoid corruption, but their intellectuality determines it. Keywords: Ideology; Epistemology; Anti-corruption; Higher education.
APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA Fikri Farokhi. Skd; Sanusi Sanusi
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.634 KB) | DOI: 10.24815/sjil.v2i1.21739

Abstract

This article examines the concept of hardship rule based on the UNIDROIT Principles of International Commercial Contracts (hereinafter called UPICC) and how it compares with force majeure regulated by the Indonesian Civil Code (hereinafter called ICC), as well as to analyze how it is applied in the Indonesian court decisions. This study uses a normative legal research method. The study shows that the meaning of the hardship rule under the UPICC is an event that has fundamentally changed the balance of a contract, resulting in a very high implementation value for the party performing, or the value of the implementation of the agreement is drastically reduced for the receiving party. Hardship and force majeure both occur in circumstances that preclude the obligation to perform that cannot be anticipated in advance, and the fault of either party does not cause the situation. The hardship rule emphasizes changes in circumstances by one of the parties to the contract caused by the contract value that changes significantly, causing significant losses for one of the parties, and hardship offers renegotiation for the parties. Meanwhile, force majeure is emphasized when the parties are unable to carry out all or part of the agreed performance which is generally caused by natural and social events, and force majeure offers contract suspension and termination of the contract. Indonesia has implicitly implemented this hardship in the legal system by referring to the principle of justice.
COMPENSATION AND ABSOLUTE LIABILITY PRINCIPLE ON THE CASE OF AIR ASIA QZ 8501 AIRPLANE ACCIDENT 2014 Nurul Alifah Jovita; Rosmawati Rosmawati
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.107 KB) | DOI: 10.24815/sjil.v1i2.19278

Abstract

This study investigates the issue of compensation based on the absolute responsibility principle in the Air Asia QZ 8501 airplane accident in 2014. This study uses normative juridical legal research with secondary data as primary data obtained through literature study. The results indicate a lack of clarity in the implementation of compensation as regulated in the National Aviation Law regarding the maximum amount of time required in insurance claims toward the heirs. Without a precise time limit, airlines and insurance companies will create many obstacles during the data collection process and the documents involved. It is recommended that the government strengthen the rules regarding the provisions in implementing compensation, especially related to the insurance claim process toward the heirs. In addition, it is also recommended for airlines and insurance companies to consistently set a precise time limit for the investigation and identification of the victims to speed up the issuance of the necessary documents from the Court. Keywords: Airplane Accident, Compensation, International Air Freight, Principle of Liability, Strict Liability.
FOREIGN CAPITAL INVESTMENT IN UPSTREAM OIL AND GAS: A CASE STUDY OF PASE WORKING AREA, ACEH PROVINCE, INDONESIA Nurdin Nurdin; Amira Amira
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (259.207 KB) | DOI: 10.24815/sjil.v1i1.18075

Abstract

This paper explores the management of the Pase Upstream Working Area of  oil and gas (MIGAS) by Triangle Pase Inc as a Foreign Direct Investment, which is not according to the Revenue Sharing Agreement signed by the parties and regulations Indonesia. The main obstacle in the implementation of Foreign Direct Investment in the Upstream MIGAS sector in Pase Working Area is the failure to establish the APGE as a Joint Venture Company that operated as a subsidiary company required by the Investment Law and Regulation of the Minister of Trade 08/2017. It has a severe impact on the Aceh government's income from the cooperation management of the Upstream MIGAS sector in the Pase Working Area. The Arbitration Award that BANI has granted, which rejected The PDPA lawsuit, has reduced and even eliminated the privilege of the Aceh Government in managing the Upstream MIGAS sector in the Pase Working Area as stipulated by Law Number 11 of 2006 and Aceh's MIGAS Government Regulation.  As a solution, the BPMA has ordered Triangle Pase Inc. to revise the legality of APGE to comply with the prevailing laws and regulations in Indonesia. Therefore, the BPMA, as the regulator, and The PDPA as the parties in the Upstream MIGAS management in the Pase Working Area and Commission III of the Aceh's House of Representative to immediately summon Triangle Pase Inc. to resolve the dispute between The PDPA and Triangle Pase Inc. The PDPA, as the losing party in the award granted by BANI, needs to take immediate legal steps to prevent the execution of the BANI's Arbitration AwardKeywords: BPMA; Pase Upstream Working Area; MIGAS; Aceh Province
The Regulation and Implementation of Corporate Social Responsibility by Foreign Direct Investment in Block Pase Upstream Oil and Gas Sector, East Aceh Regency Hidayah Balqis; Nurdin MH
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.556 KB) | DOI: 10.24815/sjil.v2i1.20239

Abstract

This research aims to explain how the regulation of CSR and what factors support and hinder the implementation of CSR in foreign direct investment in the upstream oil and gas sector in the Pase Block, East Aceh. The writing of this thesis uses a normative juridicial  method. The result of the study shows that the implementation of CSR in the Pase Block was not in accordance with UU No. 11 Tahun 2006 tentang Pemerintahan Aceh, Qanun Aceh No. 5 Tahun 2018 tentang Penanaman Modal, Qanun Kabupaten Aceh Timur No. 12 Tahun 2016 tentang TJSLP, Peraturan Gubernur No. 65 tahun 2016 tentang Pedoman Pelaksanaan TJSLP and  ISO 26000, as well as Production Sharing Contract between parties.the company has not implement CSR in accordance with the laws and regualtions due to lack of commitment of TPI to implement CSR. As a result, the CSR  has not had a positive impact on the economic growth of community and the environment around the company.
FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) Richard Al Khalik; Nellyana Roesa
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.231 KB) | DOI: 10.24815/sjil.v2i1.21731

Abstract

The relevance of foreign vessel sinking policy to eradicate IUU fishing in IEEZ by national regulation to UNCLOS 1982 is questionable. This paper uses a normative legal analysis,  examining international conventions and national regulation provisions and their application to legal events. The results indicate that implementing the foreign vessel sinking policy is national law enforcement of  Law No. 45 of 2009 amendment to the  Law No. 31 of 2004 Concerning Fishery,  Article 69 (1) and (4). The foreign vessel sinking policy is not contrary to UNCLOS 1982 because the subject protected in EEZ by Article 73 (3) is the human being, not the vessel. It remains an effective means to create a deterrent effect as an optimum penalty for such crime.
MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS Badratun Nafis; Sanusi Bintang
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (375.341 KB) | DOI: 10.24815/sjil.v1i2.19274

Abstract

This study analyses the similarities and differences of maternity protection under Indonesia and Malaysia's Labor Law. The method used in this research is a normative and comparative approach. This study shows several differences in maternity protection from both laws, such as the duration of maternity leave and the provision of breastfeeding entitlement. However, few similarities are also found, such as both laws provide social and health protection under the labor law. Malaysian lawmakers should revise the Employment Act 1955, which covers work protection and breastfeeding, and both countries should ratify the Maternity Protection Convention of 2000 to better protect women workers in the workplace.Keywords: Maternity protection, Women worker, International convention, Indonesia and Malaysia labor law. 
THE APPLICATION OF THE HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA Fikri Farokhi Skd; Sanusi Bintang
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i1.21192

Abstract

This research aims to understand more comprehensively how the concept of hardship rule can be interpreted based on the UNIDROIT Principles of International Commercial Contracts (hereinafter called UPICC) and how it compares with force majeure regulated by the Indonesian Civil Code (hereinafter called ICC), as well as to analyze how it is applied in Indonesia as seen from the Indonesian court decisions. This study uses a normative legal research method. The result of this study is that the meaning of the hardship rule under the UPICC is an event that has fundamentally changed the balance of a contract, resulting in a very high implementation value for the party performing, or the value of the implementation of the agreement is drastically reduced for the receiving party. Hardship and force majeure both occur in circumstances that preclude the obligation to perform that cannot be anticipated in advance, and the fault of either party does not cause the situation. The hardship rule emphasizes changes in circumstances by one of the parties to the contract caused by the contract value that changes significantly, causing great losses for one of the parties, and hardship offers renegotiation for the parties. Meanwhile, force majeure is emphasized when the parties are unable to carry out all or part of the agreed performance which is generally caused by natural and social events, and force majeure offers contract suspension and termination of the contract. Indonesia has implicitly implemented this hardship in the legal system by referring to the principle of justice.

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