Pengaturan Penerbangan Sipil Internasional Menurut Hukum Internasional Yang Melintasi Antar Negara

SETTING THE INTERNATIONAL CIVIL AVIATION ACCORDING TO INTERNATIONAL LAW ACROSS THE INTER-STATE Civil aviation organization of International and national should refer to the norms of International and national laws that apply, to ensure the safety of passengers, crew aircraft, aircraft or goods transported. Where the implementation of civil aviation are arranged in a variety of International conventions The problem in this study is How open sky policy as air law instruments. How will the International law on state sovereignty over its territory and space in the International civil aviation settings How International law that crosses between States. This type of research used in this study is a normative legal research. Normative legal research is a research method that refers to the legal norms contained in laws and court decisions. Open sky policy as air law instruments. Open Sky Policy is an Open Skies agreement which allows air freight to make decisions in air travel capacity, pricing, and fully make liberal in the conditions of flight activity. Open sky policy (OSP) can be bilateral or multilateral. Setting International law on state sovereignty over space in the region is Article 1 of the 1944 Chicago Convention on International civil aviation, which reads: The contracting states recognize that every state complete and exclusive sovereignty over the airspace above its territory (each State bound by the Convention guarantees existing sovereign air space above its territory fully and exclusively). The setting of International civil aviation under International law that crosses between the State is Article 2 of the 1944 Chicago Convention over again explained that for the purposes of the 1944 Chicago Convention is meant State border (state territory

Transformasi Hukum Uni Eropa Terkait Pembentukan Hukum Nasional Di Inggris Dalam Perspektif Hukum Organisasi Internasional

Upheaval of a country's economy is one of the reason of formation of an International organization, namely the European Union. The objectives of the European Union itself are to promote throughout the community a harmonious development of economic activities, a continuous, balanced expansion, an increase in stability, an accelerated raising of standard of living, quality of life and closer relation between states. This research has a problem formulation that consist the transformation of EU Law into law in member countries of the European Union, EU Law transformation in the UK, and the challenge as a legal action related to the transformation of EU law in the UK according to the International Organizations Law. This reasearch uses a normative research method. The results of the research on the transformation of EU law into national law of the member states are forming Regulations, Directives, Decisions shall be applied in the member states. EU law has supremacy to override national law of member states. Transformation of EU law in the UK was began with the European Communities Act 1972 agreement that was Britain ratification over EU law. Challenge as a legal action related to the transformation of EU law in the UK allowed under Article 230 and 232 EU Treaty, within filing a complaint to the national courts in accordance with a predetermined time to carry out the challenge, the challenge actions can be end up with an amendment. In conclusion, the transformation law in the EU member states in the form of Regulations, Directives and Decisions. Transformation of EU law in the UK is regulated through the European Communities Act 1972. Challenge as a legal action related to the transformation of EU law in the UK is allowed in order to create a better implementation. Advices related to this research are the transformation of EU law must be ensured that has been implemented as it should. Transformation of EU law in the UK should be ensured that EU law can overriding British National Law in case of conflict with EU law that is directly effective. Talks in depth, ask opinions of representatives of each member state in order to reach unity for ease of implementation of EU law in member states as well as minimize the action of challenge against EU law

Yurisdiksi Wilayah Udara Suatu Negara Dalam Perspektif Hukum Internasional

YURIDIKSI WILAYAH UDARA SUATU NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL Kedaulatan suatu negara tidak lagi bersifat mutlak atau absolut, akan tetapi pada batas-batas tertentu harus menghormati kedaulatan negara lain, yang diatur melalui hukum Internasional. Hal inilah yang kemudian dikenal dengan istilah kedaulatan negara bersifat relatif (Relative Sovereignty of State). Dalam konteks hukum Internasional, negara yang berdaulat pada hakikatnya harus tunduk dan menghormati hukum Internasional, maupun kedaulatan dan integritas wilayah negara lain. Permasalahan dalam penelitian ini Bagaimana yuridiksi wilayah udara suatu Negara? Bagaimana prinsip hukum udara yang dianut bangsa-bangsa di dunia (Internasional)? Bagaimana Yuridiksi Wilayah Udara Suatu Negara Dalam Perspektif Hukum Internasional? Metode yang digunakan dalam penelitian ini adalah normatif sebagai studi pustaka, pada dasarnya adalah berfungsi untuk menunjukkan jalan pemecahan permasalahan penelitian. Wilayah udara yang terdapat di atas wilayah darat, perairan pedalaman, dan laut wilayah termasuk kedalam yurisdiksi suatu negara. Hal ini terlihat dari pasal 1 Konvensi Chicago 1944 tentang Penerbangan Sipil Internasional : “Kedaulatan negara di ruang udara di atas wilayah teritorialnya bersifat utuh dan penuh (complete and exclusive sovereignity)”. Ketentuan ini merupakan salah satu tiang pokok hukum Internasional yang mengatur ruang udara. Yuridiksi wilayah udara negara diterapkan adalah Yuridiksi ruang udara diatur dalam Bab II Pasal 3 dan 4 Konvensi Tokyo 1963. Menurut Pasal 3 Ayat (1) Konvensi Tokyo 1963 yang mempunyai yuridiksi terhadap tindak pidana pelanggaran maupun pidana kejahatan di dlam pesawat udara adalah negara pendaftar pesawat udara. Hak dan kewajiban negara di atas wilayah negara asing adalah sebagai berikut Lewat dengan cepat melalui atau di atas selat, menghindarkan diri dari ancaman-ancaman atau penggunaan kekerasan apapun terhadap kedaulatan, keutuhan wilayah atau kemerdekaan politik Negara yang berbatasan dengan selat, atau dengan cara lain apapun yang melanggar asas-asas hokum Internasional yang tercantum dalam piagam PBB, Menghindarkan diri dari kegiatan apapun selain transit secara terus menerus langsung dan secepat mungkin dalam cara normal kecuali diperlukan karena force majeur atau kesulitan, dan Mematuhi ketentuan lain Bab ini yang relevan

Peran Kerjasama antara Interpol Indonesia dengan Malaysia Ditinjau dari Perspektif Hukum Internasional

The trans-national criminal that passes the national border only can be caught by authorized law officer and one of them is Interpol. ICPO-Interpol as organization of Police in the world has a National Central Bureau (NCB) in each state as member. The existence of NCB or its representative in each state will enable the police performance in seek, and arrest the International fugitive. The method of this research is a descriptive analytic method and applies the normative law approach refer to the law norm, especially the International law norm and described into the general section to the specific section based on the primary law, secondary law material and tertiary law material. The data was collected by library study. In seek and arrest the transnational criminal needs a mutual cooperation between polices in any nations. The mutual cooperation between Indonesian Interpol and Malaysia in eradicate the transnational crime enforced in three agreements. First, the extradition contract between Republic of Indonesia and Government of Malaysia that validated in Act No. 9 of 1974. Second, is a mutual agreement in criminal code or that known as Mutual Legal Assistance in Criminal Matters (MLA). Third, it is a Memorandum of Understanding between the Government of Republic of Indonesia and Malaysia about the narcotic. Although a mutual cooperation between Interpol of Indonesia and Malaysia had enforced in an agreement, but the agreement is not yet effective, because there are many weakness on the agreement. Therefore, an effective cooperation between both of nations is an informal cooperation through diplomatic relations

Perlindungan Hukum Dan Tanggung Jawab Terhadap Penumpang Sipil Pada Kecelakaan Pesawat Udara Dalam Lingkup Hukum Internasional

The writing is on the backs by setting the legal protection and responsibilities of civil passenger aircraft accident within the scope of International law, the problem is how the civil aviation, legal protection of civilian passengers, airline liability for passenger aircraft accidents. It is necessary to set up an arrangement of the flight. But in reality the calamities that befall the flight is still occurring, then get out some of the Convention among other Warsawa Convention of 1929, Act No. 1 of 2009

Tinjauan Hukum Internasional terhadap Diplomat yang Melakukan Tindakan Melawan Hukum Dihubungkan Kekebalan Diplomatik

A country needs to make contact with each other based on the national interests of each country are related to each other, among others, include the economic, social, cultural, legal, political, and so forth. With an association constant and continuous between the nations of the world, is one of the conditions of the existence of the International community. One form of cooperation between the countries in the world is in the form of International relations by putting diplomatic representatives in various countries. These representatives have the right diplomatic immunity and privileges of diplomatic immunity to the law of the jurisdiction of the receiving country as well as both civil and criminal immunity to witnesses. Thesis writing, entitled Review of International Law Against Diplomat Conducting Illegal Actions Associated with Diplomatic Immunity elaborated on how the law on abuse of diplomatic immunity, how the actions of a country against the abuse of diplomatic immunity and how the analysis of several cases of abuse of diplomatic immunity. To answer the problems that used normative law through the use of secondary data, such as books, legislation, books on financing agreements, and research results related to this research topic. Based on the results of the study explained that cases of violation of diplomatic relations that occurred in the period 1961 until now is the number of violations were related to the personal immunity of diplomatic missions and diplomatic representatives of the building violations. Some cases such as wiretap News Agency of the Republic of Indonesia (Embassy) in Myanmar and the case of slavery which made the German Ambassador to Indonesia citizens in Saudi Arabia became a serious concern. The existence of diplomatic immunity is considered as a protection to the perpetrators go unpunished. Action against abuse of diplomatic immunity recipient country can do eviction or persona non grata on diplomatic missions, in which it set in the Vienna Convention in 1961. Actions taken by one country against the abuse of diplomatic immunity is a form of action against the self-expulsion of the foreign diplomatic representatives. This is because of the immunity rights inherent in every foreign diplomatic representatives

Studi Tentang Kerja Sama International Criminal Police Organization (Icpo-interpol) Dengan Polri Dalam Menangkap Pelaku Kejahatan Yang Melarikan Diri Keluar Negeri

This study entitled "Study on cooperation Internastional Criminal Police Organization (ICPO-INTERPOL) with the police in capturing criminals who escaped out of the country". The problem to be answered in this study is how the position of ICPO-INTERPOL in International Law and how its authority to cooperate with the POLRI, and then to understand why the return of escaped criminals out of the country often run into obstacles. The issue is expected to be answered by using the method of normative research which refers to the legal norms contained in legislation and court decisions and legal norms in society. The main data used are secondary data collected through the study of literature methods or documents. While the primary data collected from the Convention and legislation relating to the object of research. The data that has been obtained is qualitative data will be analyzed and the analysis of primary data and secondary data from a qualitative point of view of jurisprudence. Through the techniques of data collection and data analysis of this study is expected to achieve the desired goal, which is to determine the position of ICPO-INTERPOL in International law, ICPO-INTERPOL knowing authority in cooperation with the police and understand why the return of criminals fleeing abroad often experience barriers

Tinjauan Hukum Tanggung Jawab Maskapai Penerbangan Sipil Terhadap Kerugian Yang Timbul Berdasarkan Konvensi Chicago Tahun 1944

Unitary Republic of Indonesia is an archipelago with inter-island intensity is high enough, so that the necessary protection against the user maximum facility cost consumers in this regard. In this study, the economic aspects of the problem include regulation of civil aviation convention in chicago, 1944, setting the technical and operational aspects of the flight by civil convention in chicago in 1944 and a form of civilian airlines chicago convention in 1944. As for the type of study of this paper is normative research . Normative research is a study of the principles of law , systematic research on law and legal research on synchronization . With the aim to compare the Indonesian positive law governing the civil aviation in the Act 1 of 2009 on Flight to chicago Convention 1944 which is the benchmark of International law in the case of civil aviation . Data sources and collection techniques used in this study is a secondary data , which consists of primary legal materials in the form of legal products such as legislation , which in this case in the form of legislation , International law conventions , declarations , and protocols . Secondary legal materials such as reference materials sourced from books , newspapers , media, internet and other media related to the issues discussed . Tertiary legal materials in the form of materials that give instructions and explanations of the primary and secondary legal materials , such as dictionaries and so on . Results from this study is that the Chicago 1944 convention has been set explicitly linked to economic aspects and the technical aspects of the airline in order to minimize accidents and forms pertanggungjawaba n of the airline when the accident occurred is of course detrimental to the consumer

Pemberitahuan Konsuler sebagai Bentuk Pelaksanaan Hak Asasi Manusia Ditinjau dari Kasus Avena

Since 17 Century, relation between States has been developing until today. In the process of the relationship, national from every country is one of the concern. National's right is protected under International law especially in Vienna Convention 1961 concerning Diplomatic Relation and Vienna Convention 1963 concerning Consular Relation. Consular Notification is one of the rights that are protected for people who live in other countries. No one needs national protection more than someone who is accused at another country. Nowadays, many countries tend to violate that rule although they have ratified it. Many cases happened and submitted under the International Court of Justice can be the proves for it. Case Concerning Avena and other Mexican Nationals (Mexico v. United State of America) is one of the case that shows how important the rule of consular notification is

Kajian Hukum Internasional Tentang Peran North Atlantic Treaty Organization (Nato) dalam Operasi Perdamaian di Timur Tengah (Studi Kasus: Libya)

The peace process in the various Arab countries is still the world spotlight until now. Usually the conflict that often occurs between Arab countries is to end the leadership of an authoritarian state because it has served for decades, one of which is Libya (Muammar Gaddafi as head of state for 43 years). NATO as an International organization in the field of security played a role in the settlement of the conflict in Libya. The participation of NATO towards peace mediator Arab countries, it has many other important missions for the internal purposes of NATO. Israel (pro-Western) has always been the core issue of the state (pro-Arab) others. However, Gaddafi who issued an ultimatum to attack the U.S. and its allies to make Libya a target attack western countries (Article V of the NATO Treaty). NATO attacked Libya on grounds of violation of human rights in accordance with the UN Security Council. 1970 and 1973 Articles 39, 41 and 42 which further aggravate the situation. Article 33, which contains about 2 ways of resolving disputes should be taken by NATO. Libya is now having problems after the incident that Gaddafi elections, minimize violence and promoting human rights in order to build a democratic state and national unity