Bentuk Pertanggungjawaban Indonesia terhadap Malaysia dan Singapura dalam Masalah Kabut Asap di Propinsi Riau

Forest fires have become an International concern for environmental and economic issues. Smoke disruption due to forest fire in Indonesia has crossed the states lines. Meanwhile, the provisions of International law for the state responsibility issue has not been established. The principle of state responsibility exists from the International primary rules of obligation, balance between rights and obligations of states. Each country that holds a certain rights also supports a particular obligations as well. This obligations is another side of the rights that been granted by law. That in practice application of this principle still unable to restore the environmental to its original state. This special nature immediately suggests that there is another needs for few more forms of application of the International law principles to ensure that the law is capable as the first instrumen of the environmental protection

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

Pengaturan Hukum Internasional Tentang Tanggungjawab Negara Dalam Pencemaran Udara Lintas Batas

Frequent environmental damage, environmental damage is not a problem to be a novelty in the worl of International. Particularly deforestation occurred in Riau consequently perceived by people around the forest and surrounding communities Sumatra and also covers aspects of the country off limits resulting in losses for communities neighboring Indonesian citizens. Forest fires in Indonesian has resulted in air pollution in some countries, Malaysia and Singapore in particular countries. Smog problem of forest fires in Riau has become an International issue because the case raises pollution in neighboring Malaysia and Singapore to protest against Indonesian over the cross-border isssues. In the completion of this environmental problem first needs to know which is the principle of state responsibility under International law to make it easier to understand, and need to know what are the settings associated with smoga pollution in the sphere of Internationall environmental law. If both are known, it will be easier to know what kind of responsibility do Indonesia associated with smog that cuts across disturbing neighboring. Therefore, legal research methods applied in writing is to use normative research is research that perform searches against the legal norms contained in the applicable rules of dispute resolution such as charter United Nations, Geneva Conventions and Declarations Stockholm and other sources as well obtain materials with library research. The ultimately resulted in the writing of some the conclutions that transboundary air pollution problems can be solved by means of peace, without having to bring to the International Court of Justice as well as fixed priority no party weighed no party, either party to the state that suffered environmental damage, as well as countries that felt the impact of the environmental damage. Because of the environmental issues become issues that must be dealt with together, with respect to International cooperation in the field of International environmental move

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

Tinjauan Hukum Internasional terhadap Ujicoba Nuklir Korea Utara dan Kaitannya dengan Perdamaian dan Stabilitas Keamanan Global

This study aims to determine the regulation of nuclear in International law perspection, International legal regulation in maintaining peace and stability of global security and shape the rules issued by the United Nations in the form of UN Security Council Resolution related to North Korea's nuclear test on 12 February 2013 in order to maintain peace and stability of the global security . The method used is the normative legal research with specification of descriptive research. The results are presented systematically through data collection is done by seeking information through library or secondary data including primary legal materials, secondary and tertiary-related issues. The results showed that the rule of International law that regulates nuclear contained in the UN Charter, UN General Assembly Resolution, UN Security Council Resolution, and the Statute of the IAEA. Setting of International law in maintaining global peace and security stability seen from the formation of the United Nations whose purpose is to maintain International peace and security. The rules issued by the United Nations in the form of UN Security Council Resolution related to North Korea's nuclear test on 12 February 2013 were the United Nations Security Council Resolution No. 2094 which provides for sanctions against North Korea in the form of an order to North Korea to abandon all nuclear weapons programs, enforcement of sanctions new finance to block financial transactions that support North Korea's illegal activities, inspection of suspicious cargo and denial of access to ports and shipping cost related to North Korea in accordance with the law and allow stronger enforcement of the sanctions that have been imposed by the UN Member States

Tinjauan Hukum Terhadap Aturan Internasional Mengenai Liberalisasi Perdagangan Jasa Melalui Kerangka Perjanjian WTO Dan Kerangka Perjanjian ASEAN

ABCTRACT Free trade interaction one state with another, should have any regulation of law International. Obviously, to arrange trade regulation with another states, and obligate any law regulation to captivate, if appear any dispute on that trade transaction According from that idea, issues that appointed on this observation are law International regulation about liberation trade in service, regulation dispute settlement on WTO frame agreement and ASEAN frame agreement, position of regulation AFAS directed regulation on GATS as frame agreement WTO. This observation using yuridis normative approach which to learn assembling law International principles about liberation trade on service. From the result of the observation, that law International regulation about liberation trade in service on frame agreement WTO is General Agreement Trade in Service (GATS) which the rule of basic to enclose on Annex 1b GATS. Whereas on frame agreement ASEAN, through implementation AFAS (ASEAN Framework Agreement on Service) within elimination trade border on services with on member of ASEAN. Dispute settlement on frame agreement WTO through Special Body , there is Dispute Settlement Body, whereas on ASEAN, through High Council which formed by Senior Economic Officials Meeting (SEOM) and the rule of law suitable with Treaty of Amity and Cooperation in South-East Asia (TAC). Position of regulation AFAS directed rule onward GATS , there is the implementation economic regionalism which the principle according WTO agreement

Status Hukum dan Perlindungan Environmentally Displaced Persons Ditinjau dari Konvensi 1951 Tentang Status Pengungsi

Climate change and exacerbating global warming in the recent few decades have triggered an urgent effect that threatens the lives of millions of people. The number of persons seeking refugee protection due to environmental degradation has increased to 25 million people, prominently preceding other groups of people. The preponderance of contemporary human outpouring consists of persons seeking to escape the deteriorating environments of developing countries, but the surge in environmental refugees will soon outpace the ability of the developing world to cope with them. Developed countries will soon feel the effects of this problem. No host country will be able to escape the effects of the growing numbers of environmental refugees for much longer. This heartbreaking phenomenon will remain a unique tragedy in the history of human beings. Forced migration due to environmental degradation has inevitably pervaded every aspect of life. The only solution to overcome hostile environment migration is to intensify International cooperation and corroborate burden-sharing principle. Furthermore, International conventions and declarations have been created to expand the definition of refugees embodied in Article 1 of the 1951 Convention Relating to Refugee Status to include environmentally displaced persons and optimize the International protection for refugees

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

Pengaturan Hukum Internasional Mengenai Bioteknologi Dan Dampaknya Terhadap Keanekaragaman Hayati

Biotechnology in human's life gives a new expectation of an ability to create new organisms. Biotechnology has a firm connection with biological diversity as its genetic resources. The Living Modified Organism (LMO) that will be released to the free environtment will also affect the balance of the existing biological diversity. The regulation of biotechnology and its impact on biological diversity is at first mentioned on United Nation Conventions on Biological Diversity (UNCBD) 1992. This convention then has some protocols with specific issues. First, Cartagena Protocol on Biosafety to the Convention on Biological Diversity 2000 that regulates specifically about the transboundary transfer of Living Modified Organism (LMO). Second, The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization 2010 focusing on the use of biological diversity as genetic resources. Third, Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety 2010 focusing on the regulations to anticipate the emerging impact on biological diversity as the consequence of the LMO's transboundary transfer