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Student Journal of International Law最新文献

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RESPONSIBILITY OF THE RECEIVING STATE IN PROTECTING THE DIPLOMATIC PREMISES (Case Of The Lowering Of The Iranian Embassy Flag In London) 接受国保护外交馆舍的责任(以伊朗驻伦敦大使馆降旗为例)
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21734
M. Yunita, Lily Husny Putri
{"title":"RESPONSIBILITY OF THE RECEIVING STATE IN PROTECTING THE DIPLOMATIC PREMISES (Case Of The Lowering Of The Iranian Embassy Flag In London)","authors":"M. Yunita, Lily Husny Putri","doi":"10.24815/sjil.v2i1.21734","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21734","url":null,"abstract":"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126823195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA 企业社会责任(csr)对印度尼西亚北亚齐危害人类罪案件中受影响者的救济
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21730
Ainal Zahra Nabila, Lena Farsia
{"title":"CORPORATE SOCIAL RESPONSIBILITY (CSR) FOR THE REMEDY OF AFFECTED PEOPLE IN CRIMES AGAINST HUMANITY CASE IN NORTH ACEH, INDONESIA","authors":"Ainal Zahra Nabila, Lena Farsia","doi":"10.24815/sjil.v2i1.21730","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21730","url":null,"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127500902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA 印度尼西亚国际商业合同统一法原则下困难规则的适用
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21739
Fikri Farokhi. Skd, S. Sanusi
{"title":"APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA","authors":"Fikri Farokhi. Skd, S. Sanusi","doi":"10.24815/sjil.v2i1.21739","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21739","url":null,"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130239755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CHEMICAL WEAPON USAGE RELATED TO SELF-DEFENSE ARRANGEMENT IN ARTICLE 51 OF THE UNITED NATIONS CHARTER 化学武器的使用涉及《联合国宪章》第51条的自卫安排
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21729
Rizka Faradilla, Adwani Adwani
{"title":"CHEMICAL WEAPON USAGE RELATED TO SELF-DEFENSE ARRANGEMENT IN ARTICLE 51 OF THE UNITED NATIONS CHARTER","authors":"Rizka Faradilla, Adwani Adwani","doi":"10.24815/sjil.v2i1.21729","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21729","url":null,"abstract":"Abstract- This paper aims to find out the regulation and the use of chemical weapons as a state’s self-defense and to explain why some countries use chemical weapons to defend themselves from attacks by other countries. This study was conducted based on normative legal method. 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 being forbidden in war (humanitarian law). The United Nations should amend 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. ","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130561379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ) 消除印尼专属经济区非法、不报告和不管制(iuu)捕鱼的外国沉船政策
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21731
Richard Al Khalik, N. Roesa
{"title":"FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ)","authors":"Richard Al Khalik, N. Roesa","doi":"10.24815/sjil.v2i1.21731","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21731","url":null,"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125576304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
CORPORATE SOCIAL RESPONSIBILITY BY FOREIGN DIRECT INVESTMENT IN BLOCK PASE UPSTREAM OIL AND GAS SECTOR, EAST ACEH REGENCY, INDONESIA 外国直接投资在区块上游石油和天然气部门的企业社会责任，东亚齐省，印度尼西亚
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21737
Hidayah Balqis, Nurdin Mh
{"title":"CORPORATE SOCIAL RESPONSIBILITY BY FOREIGN DIRECT INVESTMENT IN BLOCK PASE UPSTREAM OIL AND GAS SECTOR, EAST ACEH REGENCY, INDONESIA","authors":"Hidayah Balqis, Nurdin Mh","doi":"10.24815/sjil.v2i1.21737","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21737","url":null,"abstract":"This article explains 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  result shows that the implementation of CSR in the Pase Block was not in accordance with Law on Governing Aceh number. 11/ 2006, Qanun Aceh No. 5/2018 on investment, Qanun Aceh Timur Number 12/ 2016 on CSR, Government Regulaiton number 65/ 2016 on the guideline for CSR and ISO 26000, as well as Production Sharing Contract between parties. The company has not implemented CSR in accordance with the laws and regulations due to the lack of commitment of TPI to implement CSR. As a result, the CSR has not positively impacted the economic growth of the community and the environment around the company.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130467601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION 国际投资争端解决的管辖权问题是由仲裁解决的
Student Journal of International Law Pub Date : 2022-08-23 DOI: 10.24815/sjil.v2i1.21736
Nora Afriyani, Lena Farsia
{"title":"JURISDICTIONAL ISSUES OF INTERNATIONAL INVESTMENT DISPUTE RESOLUTION I N ICSID ARBITRATION","authors":"Nora Afriyani, Lena Farsia","doi":"10.24815/sjil.v2i1.21736","DOIUrl":"https://doi.org/10.24815/sjil.v2i1.21736","url":null,"abstract":"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122329891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
IMPLEMENTATION OF DISTINCTION PRINCIPLE CONCERNING THE USE OF ARMED DRONES BY UNITED STATES OF AMERICA 关于美利坚合众国使用武装无人机的区别原则的执行情况
Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19279
Rauzatul Jannah, S. Listriani
{"title":"IMPLEMENTATION OF DISTINCTION PRINCIPLE CONCERNING THE USE OF ARMED DRONES BY UNITED STATES OF AMERICA","authors":"Rauzatul Jannah, S. Listriani","doi":"10.24815/sjil.v1i2.19279","DOIUrl":"https://doi.org/10.24815/sjil.v1i2.19279","url":null,"abstract":"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","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121953001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES 严格责任原则在亚齐省森林火灾案件中的适用
Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19276
Munira Rezkina, Sanusi Bintang
{"title":"THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES","authors":"Munira Rezkina, Sanusi Bintang","doi":"10.24815/sjil.v1i2.19276","DOIUrl":"https://doi.org/10.24815/sjil.v1i2.19276","url":null,"abstract":"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. ","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122771265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS 女工的生育保护:印尼和马来西亚劳动法的比较研究
Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19274
Badratun Nafis, Sanusi Bintang
{"title":"MATERNITY PROTECTION OF WOMEN WORKERS: A COMPARATIVE STUDY OF INDONESIAN AND MALAYSIAN LABOR LAWS","authors":"Badratun Nafis, Sanusi Bintang","doi":"10.24815/sjil.v1i2.19274","DOIUrl":"https://doi.org/10.24815/sjil.v1i2.19274","url":null,"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. ","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125253372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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