Student Journal of International Law最新文献_第2页

PROTECTION OF CHILD REFUGEES UNDER INTERNATIONAL LAW 根据国际法保护难民儿童

Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19280

Sri Muliana Azhari, M. Y. A. Kadir

引用次数: 0

RELEASE AND DISCHARGE AGREEMENT IN THE COMPENSATION SETTLEMENT BY AIRLINES COMPANY (A NATIONAL AND INTERNATIONAL LAW PERSPECTIVE) 航空公司赔偿和解中的解除与解除协议(国内法与国际法视角)

Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19277

Nida Wafiqah, R. Rosmawati

{"title":"RELEASE AND DISCHARGE AGREEMENT IN THE COMPENSATION SETTLEMENT BY AIRLINES COMPANY (A NATIONAL AND INTERNATIONAL LAW PERSPECTIVE)","authors":"Nida Wafiqah, R. Rosmawati","doi":"10.24815/sjil.v1i2.19277","DOIUrl":"https://doi.org/10.24815/sjil.v1i2.19277","url":null,"abstract":"This paper analyses the rules and implementation regarding the Release and Discharge Agreement in the compensation settlement process by airlines company based on national and international law. The results show that this release and discharge agreement is not per Article 186 of the Aviation Law, which regulate that the carrier as a business actor is prohibited from making special agreements or requirements that negate the carrier's responsibility or determine a lower limit than the current compensation limit. According to international law, this release and discharge agreement does not follow Article 26 of the 1999 Montreal Convention, which regulates that airlines companies are not allowed to form contracts that may reduce or eliminate the amount of liability. Hence, obstacles arise in the ccompensation settlements when using Release and Discharge Agreement documents, the method of airline liability, and proving the cause of the accident to exclude the payment of compensation settlements to passengers. It is recommended to improve the rules related to the carrier's responsibility to ensure that passengers could get their rights according to the provisions contained in the legislation and maximize the implementation of international conventions related to aviation that have been ratified into national regulations. Keywords: Compensation, Liability, Release and Discharge Agreement, Airline Company, Passenger.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"54 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113957140","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

RIGHT TO EDUCATION OF CHILDREN IN CONFLICT WITH THE LAW AT LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) CLASS II JAKARTA, INDONESIA 在lembaga pembinaan khusus anak (lpka) ii类中与法律有冲突的儿童的受教育权，印度尼西亚雅加达

Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19275

F. Fadhilah, M. Y. A. Kadir

引用次数: 0

COMPENSATION AND ABSOLUTE LIABILITY PRINCIPLE ON THE CASE OF AIR ASIA QZ 8501 AIRPLANE ACCIDENT 2014 2014年亚航qz 8501飞机事故的赔偿与绝对责任原则

Student Journal of International Law Pub Date : 2022-01-05 DOI: 10.24815/sjil.v1i2.19278

Nurul Alifah Jovita, R. Rosmawati

{"title":"COMPENSATION AND ABSOLUTE LIABILITY PRINCIPLE ON THE CASE OF AIR ASIA QZ 8501 AIRPLANE ACCIDENT 2014","authors":"Nurul Alifah Jovita, R. Rosmawati","doi":"10.24815/sjil.v1i2.19278","DOIUrl":"https://doi.org/10.24815/sjil.v1i2.19278","url":null,"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"400 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":"123251677","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

LEGAL CERTAINTY OF LAND TITLE IN FACILITATING FOREIGN DIRECT INVESTMENT IN ACEH PROVINCE, INDONESIA 土地所有权的法律确定性促进了印度尼西亚亚齐省外国直接投资

Student Journal of International Law Pub Date : 2021-09-10 DOI: 10.24815/sjil.v1i1.18076

Dina Luqyana, Azhar Yahya

{"title":"LEGAL CERTAINTY OF LAND TITLE IN FACILITATING FOREIGN DIRECT INVESTMENT IN ACEH PROVINCE, INDONESIA","authors":"Dina Luqyana, Azhar Yahya","doi":"10.24815/sjil.v1i1.18076","DOIUrl":"https://doi.org/10.24815/sjil.v1i1.18076","url":null,"abstract":"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. ","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127083775","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: 2

CHILD MARRIAGE CONDITIONALITY AND ITS DISPENSATION IN MAHKAMAH SYAR’IYAH ACEH, INDONESIA 印度尼西亚mahkamah syar 'iyah aceh的童婚条件及其豁免

Student Journal of International Law Pub Date : 2021-09-10 DOI: 10.24815/sjil.v1i1.18078

R. Jannah, M. Y. A. Kadir

引用次数: 1

ANTI-CORRUPTION IDEOLOGY IN HIGHER EDUCATION IN INDONESIA 印尼高等教育中的反腐意识形态

Student Journal of International Law Pub Date : 2021-09-10 DOI: 10.24815/sjil.v1i1.18080

S. Sulaiman

{"title":"ANTI-CORRUPTION IDEOLOGY IN HIGHER EDUCATION IN INDONESIA","authors":"S. Sulaiman","doi":"10.24815/sjil.v1i1.18080","DOIUrl":"https://doi.org/10.24815/sjil.v1i1.18080","url":null,"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.","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125061047","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

FOREIGN CAPITAL INVESTMENT IN UPSTREAM OIL AND GAS: A CASE STUDY OF PASE WORKING AREA, ACEH PROVINCE, INDONESIA 上游油气外资投资:以印尼亚齐省pase作业区为例

Student Journal of International Law Pub Date : 2021-09-10 DOI: 10.24815/sjil.v1i1.18075

N. Nurdin, Amira Amira

{"title":"FOREIGN CAPITAL INVESTMENT IN UPSTREAM OIL AND GAS: A CASE STUDY OF PASE WORKING AREA, ACEH PROVINCE, INDONESIA","authors":"N. Nurdin, Amira Amira","doi":"10.24815/sjil.v1i1.18075","DOIUrl":"https://doi.org/10.24815/sjil.v1i1.18075","url":null,"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","PeriodicalId":368863,"journal":{"name":"Student Journal of International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128770412","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

PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA 保护外国记者在印尼的新闻自由和记者签证

Student Journal of International Law Pub Date : 2021-09-10 DOI: 10.24815/sjil.v1i1.18077

Fianka Aiza, Lena Farsia

引用次数: 0

THE ROLE OF INTERNATIONAL MONETARY FUND (IMF) IN ECONOMIC RECOVERY DURING ECONOMIC CRISIS OF INDONESIA 国际货币基金组织(imf)在印尼经济危机中经济复苏中的作用

Student Journal of International Law Pub Date : 2021-09-10 DOI: 10.24815/sjil.v1i1.18074

Lena Farsia

引用次数: 1