scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

scholarly journals Legal Protection For Buyers in Selling and Buying of Land Rights (Case Study of Selong State Court Number 55 / Pdt.G / 2018 / PN.Sel Concerning Unlawful Activities)

2021 ◽  
Vol 8 (1) ◽  
pp. 447
Author(s):  
Zaenathul Mardiani ◽  
Djumardin Djumardin ◽  
Any Suryani Hamzah
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
State Court ◽  
Sociology Of Law ◽  
Court Decisions ◽  
Legal Research ◽  
Conceptual Approach ◽  
Illegal Acts ◽  
The Village

This study aims to analyze the basis for judges considerations in adjudicating and deciding cases Number 55 / Pdt.G / 2018 / PN.Sel, analyzing legal protection for buyers in buying and selling land rights. The method used is the empirical normative legal research method, using a conceptual approach, statutory approach, and sociology of law approach. The results of this study, first, show the judge's consideration of illegal acts in cases of court decisions based on Article 1365 of the Civil Code. Based on these considerations, the Panel concluded that the documents of evidence submitted by Defendants I and II were not supported by the statements of witnesses, so that Defendants I and II were unable to prove their arguments. as well as the disputed land controlled by Defendant II is an Unlawful Act, however, on the other hand, the plaintiff is able to prove the arguments of the lawsuit through evidence supported by testimony of witnesses, then the plaintiff's claim is declared granted. Second, The form of legal protection that can be provided to buyers is repressive legal protection, this is needed to provide solutions and certainty as well as clarity on the settlement of existing disputes because basically the law protects the buyer because even though it is only made with a receipt and signed by the Village Head then the agreement has met the requirements stipulated in civil law so that the receipt can become a means of evidence, even though it has the power of proof to the extent that it is not yet perfect.

scholarly journals Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 89-94
Author(s):  
Ni Made Harini ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Copyright Law ◽  
Legal Issues ◽  
Moral Rights ◽  
Data Sources ◽  
Legal Research ◽  
Conceptual Approach ◽  
Economic Rights

Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.

scholarly journals Hukum Internasional sebagai Alat Interpretasi dalam Pengujian Undang-Undang

2018 ◽  
Vol 15 (1) ◽  
pp. 73
Author(s):  
Umbu Rauta ◽  
Ninon Melatyugra
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Review Process ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Constitutional Tradition ◽  
The Relationship

Tulisan ini ingin menjawab dua isu utama mengenai hubungan hukum internasional dan pengujian undang-undang oleh Mahkamah Konstitusi RI (MKRI). Isu pertama adalah legitimasi penggunaan hukum internasional sebagai alat interpretasi dalam pengujian undang-undang, sedangkan isu kedua adalah urgensi penguasaan hukum internasional oleh hakim MKRI. Tulisan ini merupakan penelitian hukum yang menggunakan pendekatan konseptual dan pendekatan historis dalam menjelaskan perkembangan pengujian undang-undang di Indonesia sekaligus menemukan legitimasi penggunaan hukum internasional oleh MK RI. Kesimpulan dari tulisan ini menegaskan bahwa hukum internasional memiliki sumbangsih yang penting dalam perannya sebagai alat interpretasi dalam proses pengujian undang-undang oleh Mahkamah Konstitusi, khususnya terkait hak asasi manusia. Justifikasi keabsahan praktik penggunaan hukum internasional tersebut ditarik dari tradisi ketatanegaraan yang secara implisit dikehendaki UUD NRI Tahun 1945. Manfaat positif yang diberikan hukum internasional nyatanya harus disertai juga dengan penguasaan hukum internasional oleh hakim MK RI supaya hukum internasional dapat digunakan secara tepat. Pembahasan dalam tulisan ini dibagi ke dalam empat sub bahasan inti yakni, pengujian undang-undang, penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang oleh MK, legitimasi penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang, pentingnya penguasaan hukum internasional oleh hakim MK.This article intentionally answers two principal issues regarding the relationship between international law and judicial review by the Constitutional Court of the Republic of Indonesia. The first issue is the legitimacy of international use as an interpretative tool in judicial review. The second issue talks about the necessity of urgent international law mastery by the Constitutional Court’s judges. This legal research utilizes both a conceptual approach and a historical approach to explain the development of judicial review in Indonesia, and to find legitimacy of international law by the Constitutional Court. The analysis in this article affirms that international law positively contributes as an interpretative tool in judicial review by the Constitutional Court, particularly pertaining to human rights. A justification of a legitimate international law use is withdrawn from constitutional tradition which is implicitly desired by the Indonesian Constitution (UUD NRI 1945). Since international law has provided better insights into norms, a mastery of international law should be encouraged. There are four main discussions in this article: judicial review, application of international law in judicial review process, legitimacy of international law application in judicial review, and the importance of international law mastering by Constitutional Court judges.

scholarly journals International Law and dispute settlement mechanism

2016 ◽  
Vol 17 ◽  
Author(s):  
Carlos Ricardo Caichiolo
Keyword(s):  
International Law ◽  
21St Century ◽  
International Conflict ◽  
Dispute Settlement ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Peaceful Settlement ◽  
Feasible Solutions ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

The DSM, or Dispute Settlement Mechanism, in the absence of a judicial body, is the closest representation of a supreme court or judicial institution in a regional bloc or other international organisation. The search for a peaceful settlement of disputes in the international arena had led to the development of the DSM during the 20th and into the 21st century. The DSM acts as an impartial third party, wherein it intervenes in any international conflict to offer feasible solutions for both sides.O MSC, ou Mecanismo de Solução de Controvérsias, na ausência de um órgão judicial, é a representação mais próxima de uma Corte Suprema ou de instituição judiciária em um bloco regionl ou em organização internacional diversa. A busca por um meio pacífico de solução de disputas no meio internacional levou à criação do MSC ao longo dos séculos XX e XXI. O MSC age como um terceiro imparcial, na medida em que ele intervém em conflitos internacionais com o intuito de ofertar soluções possíveis para as partes envolvidas.

scholarly journals The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 177
Author(s):  
Ria Setyawati ◽  
Mas Rahmah ◽  
Rahmi Jened ◽  
Nurul Barizah ◽  
Agung Sujatmiko
Keyword(s):  
Legal Protection ◽  
Problem Formulation ◽  
International Level ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Problems ◽  
The Times ◽  
Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

scholarly journals Pengaturan Keselamatan dan Keamanan Pelayaran di Perairan Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 382-387
Author(s):  
A. A. ayu Diah Uthari Pramesti ◽  
I Ketut Kasta Arya Wijaya ◽  
Desak Gde Arini
Keyword(s):  
Community Service ◽  
Natural Resource Management ◽  
Legal Protection ◽  
Security Requirements ◽  
Water Safety ◽  
Legal Research ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
The Government ◽  
Maritime Territory

Indonesia is a maritime country surrounded by a sea that is rich in natural resources, therefore a unified system is needed to maintain security and also to allocate all energy sources offered by the sea so that it can be managed appropriately. The management of water safety and security in Indonesia is regulated in Law Number 17 of 2008 concerning Shipping. In this research, there are two main problems that will be examined, namely first about the management arrangements for safety and security requirements in Indonesian maritime territory and second What is the authority of the local government in developing the safety and security requirements of shipping in Indonesian maritime territory. This research is a normative legal research, using a statutory approach and a conceptual approach. The result of this research is the management of shipping coaching is carried out by the government. The form of guidance carried out by the government is in the form of supervision, control and regulation. Legal protection for the administration of regional autonomy is in line with the provisions of Law Number 23 o/2014 which involves regional governments and carries out legal protection for various government affairs in the context of community service and natural resource management.

scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN BERKAITAN DENGAN PENCANTUMAN DISCLAIMER OLEH PELAKU USAHA DALAM SITUS INTERNET (WEBSITE)

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Ni Putu Ria Dewi Marheni
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Electronic System ◽  
The Internet ◽  
Business Owner ◽  
Internet Site ◽  
Legal Research ◽  
Electronic Information ◽  
Civil Suit ◽  
The Republic

This Research is entitled “Legal Protection for Consumers Related to the Inclusion of Disclaimer by Business Owner in Website”. The problems of the present study are: first, how the inclusion of disclaimer in websites in Indonesia is like; second, what the legal protection for consumers related to the inclusion of disclaimer by business owner in websites is like. The method used in the present study is the normative legal research. The results of the study showed: first, no norm regulating disclaimer in the Act Number 11 of 2008 concerning the electronic information and transaction which specifically regulate activities in the cyberspace. However, if generally viewed from the protection for consumers in the Act Number 8 of 1999 concerning Protection for Consumers, most inclusions of disclaimer in the website is classified as exoneration clausal which is partially prepared by business agents to avoid what they are supposed to be responsible for. Second, the form of legal protection needed by consumers in the internet is still weak. However, the general legal protection for consumers may be provided through: a) Being preventive:  Reliability Certification Board ‘Lembaga Sertifikasi Keandalan’(LSK) which is supposed to give certification for every internet site already regulated by the Regulation of the Republic of Indonesia Number 82 of 2012 concerning the Implementation of Electronic System and Transaction  which is a derivative of Article 10 clause (2) of the Act Number 11 of 2008 concerning Electronic Information and Transaction; b) being repressive: through Litigation Lane which may be done by submitting a civil suit and civil sanction based on the Act Number 11 of 2008 concerning Electronic Information and Transaction. Another alternative is through the Non Litigation lane, that is, the Arbitrate Lane, which is settled using the Alternative of Dispute Settlement

scholarly journals “International arbitration in investment disputes” case study of Egypt

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sabah Ahmd Farag
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Investment Climate ◽  
International Arbitration ◽  
Content Type ◽  
Investment Promotion ◽  
Arbitration Process ◽  
Peaceful Settlement ◽  
The Subject

Purpose This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt. Design/methodology/approach The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent. Findings Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases. Research limitations/implications The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate). Originality/value The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

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