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Student Journal of International Law

SJIL
Website

Published by Universitas Syiah Kuala

ISSN : - EISSN : 28078497 DOI : -

Core Subject : Humanities, Education, Social,

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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.

Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional

Articles 33 Documents

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IMPLEMENTATION OF DISTINCTION PRINCIPLE CONCERNING THE USE OF ARMED DRONES BY UNITED STATES OF AMERICA Rauzatul Jannah; Sophia Listriani
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This study analyzes the legal problem regarding implementing the distinction principle related to drones as military weapons by the United States of America (USA) based on international humanitarian law. The method used in this research is normative legal research. The results show that implementing the distinction principle when the United States of America uses drones as military weapons is not correctly implemented, as international humanitarian law requires. It can be seen from the number of civilian casualties who fell during drone attacks and the destruction of civilian objects. So the USA has been violated the distinction principle of international humanitarian law, so legal liability must be pursued under the international justice system. Also, other states have to follow the principle when using to conform to international requirements, commit to solid criteria for disclosure, monitoring, and accountability, and release regular updates on drone strikes and casualties. Keywords: Distinction principle; International Humanitarian Law; Drones as military Weapon; United States of America

LEGAL CERTAINTY OF LAND TITLE IN FACILITATING FOREIGN DIRECT INVESTMENT IN ACEH PROVINCE, INDONESIA Dina Luqyana; Azhari Yahya
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Rights to Use for investment. Article 22(a) stipulated that land Rights to Use (HGB) can be granted up to 95 years for land cultivation rights, up to 160 years for building use rights, and up to 140 years for land Rights to Use. However, land Rights to Use regulated in Qanun Number 14 Year 2017 on Aceh's Assets Management is only five years subject to certain conditions and requirements for extension. It is clear that there two legislations available in Aceh in terms of facilitating land license for investment. Therefore, a research question raised is which law is applied by the Government of Aceh to speed the process of land license for the investor? This study uses normative legal research by relying on primary and secondary legal resources. Primary legal resources were collected by analyzing related legislations, while secondary legal resources were obtained by reviewing associated literature. The result shows that in facilitating land license for investors in Aceh, the Government of Aceh applies Qanun Number 14 Year 2017 on Aceh's Assets Management instead of Law Number 25 Year 2007 on Capital Investment. This Qanun stipulated that land license for investors is given for five years with specific requirements for extension. This short period for a land license causes legal uncertainty for investors and decreases their motivation to invest in Aceh Province. It is suggested that this Qanun should be amended to be in line with national legislation, namely law Number 25 Year 2007 that provides a longer period of land license for investors. Keywords: Legal certainty; Land license; Foreign Direct Investment.

United Nations General Assembly Resolution and Its Implementation by Non-Governmental Organizations: A Review of Situation in Rakhine Myanmar Ainna Khairunnisa; Muhammad Ya'kub Aiyub Kadir
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 | DOI: 10.24815/sjil.v1i2.18069

The UN General Assembly has adopted several resolutions in response to the Myanmar human rights situation, including the resolution A/RES/74/246 of 2019. One of the key players to implement the UNGAR is the Non-Governmental Organizations (NGOs). However, the international legal standing of the NGOs has not yet been clearly established. Herein, Article 71 of the UN Charter has been acted as the basis of NGO operation. This research aims to examine the eligibility of Article 71 of the UN Charter to provide legal standing for NGOs operation and to investigate the contributions of NGOs to the implementation of UNGAR 74/246. The research employed normative-empirical method. The result showed that the article does not clarify international legal standing of NGOs operation. However, the NGOs has played its role as mandated by the UNGAR. It is recommended to implement the future agenda on NGOs legal standing in order to support their contribution.

RESPONSIBILITY OF THE RECEIVING STATE IN PROTECTING THE DIPLOMATIC PREMISES (Case Of The Lowering Of The Iranian Embassy Flag In London) Mela Yunita; Lily Husny Putri
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

The responsibility of the receiving state in protecting the diplomatic premises has been regulated in the 1961 Vienna Convention on Diplomatic Relations. However, disturbances and destruction of diplomatic premises are still common in practice. One of them is the case of infiltration carried out by followers of al Shirazi against the Iranian embassy premise in London on Friday, March 9, 2018. The this paper indicates that the protection provided by the receiving state to the diplomatic representative premises in its country should not exceed the threat capacity or be less than the threat. In the case of lowering the flag of the Iranian embassy in London, this is a form of responsibility given by Britain as the recipient state, namely by arresting the intruders after the incident. However, the actions of the intruders constituted a violation of the 1961 Vienna Convention.

RIGHT TO EDUCATION OF CHILDREN IN CONFLICT WITH THE LAW AT LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) CLASS II JAKARTA, INDONESIA Farah Fadhilah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

The protection of the right to education for Children in Conflict with the Law in Indonesia in relation to International Human Rights Law is quesionable. This paper explores the fulfillment of the right to education in LPKA Jakarta towards Children in Conflict with the Law from January 2018 to March 2020. This shows that the education rights for minor offenders are in line with International Human Rights Law; however, minor offenders at LPKA Jakarta have not been able to receive Formal as well Non-Formal Education. The Indonesian legislator needs to revise the National Education System to accommodate a provision regarding the formal education for children in minor offenders; and full supports to fulfill the right to education at the LPKA Jakarta is required. Keywords: Right to Education, Children in Conflict with the Law, LPKA Jakarta.

THE REGULATION OF THE CHEMICAL WEAPON USED THAT RELATED WITH SELF-DEFENSE ARRANGEMENT IN ARTICLE 51 OF THE UNITED NATIONS CHARTER Rizka Faradilla; Adwani Adwani
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.v2i1.20676

This study aims to find out about the regulation and the use of chemical weapons as a state's self-defense and to find out and explain the reasons why some countries use chemical weapons to defend themselves from attacks by other countries. This research is normative legal research, from the results of the study it was found that Article 51 of the United Nations Charter which regulates self-defense does not specifically explain the use of permissible weapons in self-defense so in practice there are still many countries that use chemical weapons despite their use forbidden in war. The United Nations should make changes to the contents of the United Nations Charter, especially in Article 51 on Self-defense in order to add more detailed rules regarding anticipatory actions for Self-defense so that no country admits to carrying out armed attacks with the aim of self-defense for their respective interests and harming many parties.

PROTECTION OF CHILD REFUGEES UNDER INTERNATIONAL LAW Sri Muliana Azhari; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

International law has a vital role in securing more excellent protection for refugee children. There are 82.4 million people fleeing war, violence, persecution, and human rights violations in 2020 globally, 42% of refugees are children under the age of 18. Therefore this study raised the question of what international conventions govern child refugees. This research uses normative research.The results found that the 1951 refugee convention and the 1967 protocol are international arrangements regulating refugee children. Simultaneously, the Convention on the right of Children (CRC) also offers more detailed and comprehensive legal guidelines on child care, including refugee children. Those two conventions have contributed to firm legal protection for child refugees, but there is also a weakness when a country only ratifies one of them. Thus, for legal certainty, a new legal instrument in the form of a convention on the rights of child refugees is needed to fulfill the rights of child refugees properly. Keywords: International protection, International refugee law, Child refugee.

PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA Fianka Aiza; Lena Farsia
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION Nora Afriyani; Lena Farsia
Student Journal of International Law Vol 2, No 1: August 2022
Publisher : Universitas Syiah Kuala

This article examines the jurisdictional of ICSID Arbitration and the dispute resolution mechanism of Churchill Mining plc and Planet Mining pty ltd against Indonesia at ICSID. This research is in the form of normative legal research conducted by collecting legal materials. Legal materials are collected using the literature study method by collecting legal materials and information in primary, secondary, and tertiary legal materials. According to Article 25 of ICSID Convention, dispute arising directly from an Investment, absolute requirement of jurisdiction is the existence of a legal dispute. The general secretariat serves as a screening and checks whether the request for arbitration is outside the center's jurisdiction because it is not related to investment. ICSID should no longer need to carry its competency test for too long because both parties have made a contract in determining the choice of forum at ICSID.

THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES Munira Rezkina; Sanusi Bintang
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

This article investigates the reason that is likely to cause inaccurate interpretation by an Indonesian Court and the application of the 'strict liability' principle in Aceh forest fire cases. Mainly, this article discovers the cause of inaccurate interpretation of strict liability is an insufficient legal instrument and the lackness of law enforcement while applying the strict liability principle. It is proposed to amend the law and regulations that are inconsistent with one another to ensure the principle's application and outlines a comprehensive procedure for imposing strict liability on the plaintiff, defendant, and judge. Keywords: Strict liability principle; Strict liability; Forest fire; Aceh forest fire cases; Environmental law.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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