21 research outputs found

    Law Enforcement of Crime of Aggression in the Angle of Rome Statute: Perspectives and Challenges

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    Violation of human rights is one of the oldest forms of crime since humans live together and interact each other in social life, as a state and a nation. The conception of war and other armed conflicts are not only limited to conquer the opponent, but they have come to destroy the opponent. Ironically, the destruction weapon is not only owned by the state, but also controlled by armed groups instead of the state... To anticipating the development of crimes against humanity that tends to increase, eventually by the initiative of the United Nations, the Conference of Rome, 1998 has been conducted Keywords: law enforcement, crime of aggression.

    The Rights of Self Determination: One of the Principles of International Settlement Dispute

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    The dispute concerning territorial matters have long existed since the Westphalia Treaty 1948 which ended the Napoleon wars for 30 years; the France Treaty 1919 had already ended the World War I and the establishment of the League of Nation; and the San Francisco Peace Treaty 1945 which ended the World War II and the establishment of the United Nations... Since the end of World War II and followed by the birth of new independent states mainly caused by the successful of revolution struggle to escape from the confines of the colonizers, the rights of self determination is put inthe rights of the state to determine the form of its government and the rights of a group of people or nations to create an independent state. The countries nowadays are able to maintain the integrity of the territory without depending on the strengthening of the foreign countries. The rights of Self determinantion can be analysed from the angle of the Covenant of League of Nations and the the United Nations Charter. Keywords: the Right of Self-determination, International Settlement Disput

    Universality of Freedom and Responsiblity Press in American Legal System and Democracy

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    The freedom of press has become one of the most fundamental freedom and one of the sacred value in the democracy. As a sacred value which regardless of the sancity of the religious, it is actually derived from the social soul of American people. So, the freedom of press institutionally has been believed to hold the most important role in the social and government’s life. It also has been reflected as a system of culture, social, politic and law. The statement of it can be seen in the first Amandement of the American Constitution... Understanding of the limits of press freedom means that would restrict the press freedom itself. It becomes the 4th branch of government which is a symbol that could not be reached by the three brances of government in America. The press responsibility is not a restriction of the press freedom but as "a blanket" of freedom of the press itself... Along with the history of the press, it continues to move forward with the goals and vision of the free press which is responsible and struggle to fulfill the public needs about their right to know all the news that they should be known. Keywords:Universality; Freedom and ResponsibilityPress; American Legal System; Democrac

    POLITICAL-ECONOMIC CHINA IN SOUTHEAST ASIA AND BETWEN IMPACT ON THE INDONESIAAN ECONOMY

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    China's economy has made this country one of the world's economic powerhouses. China under the leadership of President Xi Jinping has implemented various strategic policies in building China connections. Massive investment and economic expansion made throughout the world make China increasingly have a great influence in the global world. In Southeast Asia, especially Indonesia and Malaysia, cooperation with China in the manufacturing, export-import, and finance sectors has existed for a long time and has become an important economic route in Southeast Asia. These three countries are the key to the Southeast Asian economy with a large population and strong purchasing power. This study analyzes the political economy relationship between Indonesia and southeast Asia with China using qualitative methods, and descriptive analysis based on credible data. The results of this study indicate that in the last ten years the economic relations between Indonesia and southeast Asia with China under the leadership of President Xi Jinping have continued to experience significant improvements in various sectors, especially in the fields of finance and infrastructure

    ONE BELT ONE ROAD (OBOR) AND THE INCREASE OF CHINA’S GLOBAL INFLUENCE

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    One Belt One Road (OBOR) is a development strategy proposed by Chinese leader Xi Jinping focusing on connectivity and cooperation among countries in Eurasia. OBOR revives silk road which covers strategic areas that crossing Asia, Africa, and Europe. OBOR is designed for trade purposes that can multiply trade profits with a multiplier effect. This development strategy is carried out by China as a manifestation of China's determination to take a greater role in global development and create a trade network that will be based in China. In a global scene, OBOR is China's real action in promoting trade, establishing unilateral liberalization, free trade agreement, and new international organization. Those actions are relevant to the principle of Liberalism. OBOR initiative was originated from the concept of Chinese Dream which was first popularized by Xi Jinping in 2013. Chinese Dream aims to rejuvenate the Chinese nation, modernization, economic prosperity, and national glory. OBOR is China's effort to become a hegemon country, especially in Asia, generally in the world. In this research, the authors use Antonio Gramsci's theory of hegemony and the Liberalism theory to analyse China's efforts to realize its dreams to become a country that carries out cultural leadership that is not only superior in the economy but also in politics. The authors apply descriptive-analytical method and library research. The aims of this research are to know in what extent China's success in embracing Eurasian countries to create a trading system that benefits both China and the countries involved, to analyse how OBOR creates economic interdependence in the region and how OBOR is used to strengthen China's geopolitical power on a global scene

    State Sovereignty Concept on Threatening of Religion Radical in Indonesia

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    The sovereignty is a very important concept in domestic and international legal order. It is one of the norms fundamental in the international legal system, which is the principle of non-intervention and free consent is a buffer for the international legal system in the concept of a sovereign state as a unit of authority that is not subject to any party. In the context of examining the state sovereignty to face originating threat from radical religions, the approach taken by the Indonesian government should have a method of instilling a comprehensive pattern of thinking and taking a balanced approach between soft and hard power through religion and culture. One of the sources who’s spread the radical religion is mass media.  The influence of mass media and social media has contributed in the dissemination and improvement of intolerance (SARA), hate-speech, hoax, radical religion, and terrorism in Indonesian society. Keywords: State Sovereignty; Religion Radical; Indonesi

    Russia-NATO Strategic Rivalry and Influence Struggle in Eastern Europe in Security and Economy

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    Global powers such as NATO, European Union, China and Russia have different characteristics and interests in world politics. Russia after Soviet Union tends to be in a relatively weak position in terms of influence, security and economy. Today Russia's relations with the European Union and the United States have improved after the Cold War. In recent years, Russia and NATO have not only strengthened the economy and security related to the military, but have gone so far as to strengthen the influence of its main State in Eastern Europe. This study will analyze Russia's political policies towards NATO and Eastern Europe from the perspective of security and economic interests. The method used is qualitative by conducting an in-depth study of the data obtained from the results of previous research. The results of this study indicate that Russia and NATO are involved in competing for strategic influence in Eastern Europe, especially Ukraine and the former Soviet Union. Russia and NATO, which is sponsored by the United States, are trying to achieve their respective interests by making efforts to increase strength which includes political, security and economic

    The Conference of Parties - 27 (COP-27) Agreement as an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments

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    The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulation

    Offshore Installation Removal in the Interest of Navigation Safety from International Law Point of View

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    The offshore installation construction is a technological product developed by state and corporation for the purpose of exploring and exploiting  in the sea areas which are unlimited to shallow areas of the sea. The offshore installation existing does also show the science development occurred in the history of human being civilization, mainly related with the use of marine resources. One problem which brings about any concern is the removal of offshore installation when  such the installation is abandoned and disused any more. This condition has certainly an impact on various activities in the sea, such as any interference with the safety of navigation with the result that it is urgent to conduct the removal. International Maritime Organization creates the international standards used as guidelines for coastal states in formulating and establishing the provisions regarding removal of any disused offshore installation. Key Words: removal, offshore installation, safety of navigation

    The Effectiveness Of The United Nation's Role In Responding To Wars Of Aggression And Self-Defense

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    Transnational or cross-country relations result in the emergence of legal problems from one country to another that requires handling through good relations based on the law in each country. This is the reason for the formation of the International Criminal Court (ICC) which is the embodiment of the international criminal policy, a rational effort of the countries in the world to jointly tackle the four core crimes which are violations of delicto jus gentium. This policy is necessary because serious violations have real elements of a direct threat to peace and security in the world. The crime of aggression as international crimes stricto sensu indicates and fulfills the requirements that the crime is included in a serious human rights crime that is contrary to the highest legal norms in international law. The research uses a normative method with a statute approach and a historical approach. The results show that the ICC's jurisdiction over war crimes is already in the Rome Statute, however, the enforcement of the ICC's jurisdiction over crimes of aggression has not implemented concretely
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