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1دورية أكاديمية
المؤلفون: Syahri, A. (Alfian), Leviza, J. (Jelly), Arif, A. (Arif)
المصدر: Sumatra Journal of International Law
مصطلحات موضوعية: Indonesia, Nuclear *) Mahasiswa Fakultas Hukum **) Dosen Pembimbing I ***) Dosen Pembimbing II, Iran, JCPOA, Perjanjian Internasional
الوصف: Alfian Syahri* Dr. Jelly Leviza , S.H, M.Hum ** Arif, S.H., M.Hum*** ABSTRACT International treaties are part of International law. International agreements can be made between countries and countries with International Organizations or between International organizations with International organizations. On July 14, 2015 an agreement was reached between Iran and the E3 / EU + 3 (China, France, Germany, Russia, Britain and the United States, as well as the EU High Representative for Foreign Affairs and Security Policy) of the agreement JCPOA (Joint Comprehensive Plant of Action), but then ratified the UN Security Council. How an agreement can be passed back when I have reached an agreement. And whether they have in accordance with the provisions of International law. This is the background of this research. The problem in this research is how setting restrictions on the use of nuclear in various International agreements in force today, how the status of nuclear agreement between Iran and the E3 / EU + 3 (Germany, France, Britain, China, Russia, the United States and the European Union) that ratified the UN Security Council in terms of International law, how the sanctions of law arising in the event of violations of the nuclear agreement between Iran and the E3 / EU + 3 (Germany, France, Britain, China, Russia, the United States and the European Union) adopted the UN Security Council to be reviewed of International law. The method used normative, meaning that the study refers to the rule of law. Normative juridical research is legal research literature, by collecting data in the literature study (library research) relating to the Status of Nuclear Agreement Between Iran and the E3 / EU + 3 endorsed the UNSC Seen From the International Law. The conclusion of this research to develop a nuclear state but only for peaceful purposes is not to create nuclear weapons and prohibited to conduct testing of nuclear weapons. Regarding the agreement between Iran and the E3 / EU + 3 was legal under International law because it ...
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2دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: Indonesia, Liberating Papua Organization, mutiny criminal
الوصف: A mutiny criminal act is related to a state security. A munity threats legal interest and the safety of Unitary State of the Republic if Indonesia as stipulated in Chapter I book II of Penal Code which consist of three form, namely the mutiny which attacks the legal interests for the safety of Head of State or his/her Vice (Article 104 Penal Code), the unity of State regions (Article 106 Penal code), and the enforcement of State Government (Article 107 Penal Code. The formulations of problem in the research are whether the act done by the Liberating Papua Organization (LPO) is classified as mutiny, how the legal responsibilities towards the mutiny criminal act done by the LPO in the District Of Jayawijaya are, how the implementation of penal code on the mutiny criminal act done by the LPO in District of Jayawijaya based on the verdict No.38/Pid.B/2011/PN.Wmn is. The research result showed the act done by the LPO was a mutiny stipulated in the article 106 Penal code an hasfullfilled the elements whose goal was to conquer the region of state fully or partly under the foreign government with the intetion to separate some parts of the state region. The existence of conscious cooperation. Consequently, all defendants subjected tho the same crimes. Implementation of penal code towards the mutiny criminal act done the LPO in the verdict No.38/Pid.B/2011.PN.Wmn that the judge has implemented the Article 106 Penal Code Jo Article 55 clause (1) in the 1st , namely by sentencing 8 years in prison to every member of LPO.
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3دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: Principle of Ne bis in Idem, Examination of the Subject of the Case, Indictment is legally Annulled, Summons, Indonesia
الوصف: It is very interesting to analyze when a summons was legally annulled by the judge after substance of the case was examined and indictment was read and it is stated as the last decision. The problems of the research were as follows: first, why the judge handed down the verdict which stated that the summons was legally annulled and the examination of the substance of the case and the indictment was related to the prevailing legal provisions; and secondly, whether the summons which was legally annulled in the Verdict No. 19/Pid.Sus/2015/PN.Sim could be summoned before the court when it is related to the principle of ne bis in idem. The judge's verdict which stated that the summons was legally annulled after the examination of the substance off the case and the indictment in the Verdict No. 19/Pid.Sus/2015/PN.Sim was based on the explanation that the indictment was inaccurate, unclear, and incomplete. The person, Rikal, in the summons was not presented, no action was done, and he was listed in the Man Wanted List. Besides that, each person's role was not explained. The amount of money received by Rikal was not in line with the fact in the proceedings. According to the legal provisions, the judge's verdict was contrary to the principle of Justice and brought about legal uncertainty in the abrogation of the summons. The abrogation of the summons is bound to the principle of ne bis in idem since the subject of the case had been examined and the indictment had been read so that the verdict was categorized as acquittal and the principle of ne bis in dem was bound which indicated that the prosecutor could not file the case to be examined, indicted, and tried twice; it could only be appealed to the Supreme Court. It is recommended that Article 156, paragraph 2, Article 143, paragraph 2 letter b, and Article 191, paragraph 2 of the Criminal Code be interpreted widely, acquittal is not only related to a criminal case but also the summons is inaccurate, incomplete, and unclear, and the prosecutor appeal the case to the ...
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4دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: Frequency Without Permission, Indonesia
الوصف: The use of radio frequencies must obtain permission from the government, before obtaining permission still broadcasting, radio broadcasting institutions must go through the trial broadcast period of 6 (six) months. Broadcasting licenses that have been granted are prohibited transferred (given, sold, or otherwise transferred) to another party (other legal entities or other persons). While the act of taking without permission outside the consent or will of the owner (against the law) called the theft of the book of criminal law. The element Regulation frequency use without the permission of "whoever", "Who" denote the subject of law and the word "something good" in question is a radio frequency that the user must obtain permission from the government, but accountability for perpetrators who violate them can be sentenced to imprisonment and fines. Efforts to enforce laws against the crime of use of radio frequencies may be used without permission stretcher adminnistratif sanction of revocation of consent after being given a written warning, and counseling to the relevant parties this provision is intended as the government's efforts in monitoring and controlling the operation of Telecommunications.
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5دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: The Baggage Is Recorded, The Airlines, Responsibility, Indonesia
الوصف: Air transport is an activity is the transportation of passengers and goods in one or more travel from one airport to another airport, which is one of the important means of air transport then has to be laid out in such a way so that it is able to manifest the protection security, the safety of passengers, baggage and goods are recorded, which has responsibility for passenger and baggage items listed, as listed in Articel 144 and 146 Chapter Law Number 1 Year 2009 on a Flight that is the basis of the carrier against the baggage items listed passengers who suffered losses during the flight, having regard to the magnitude of the damages given to transport to passengerd listed in the regulation of the minister of transportation Number 77 in 2011 About The Responsibility of air freight Carrier. Therefore, this thesis seeks to analyze the legal protection of baggage items listed passengers, the loss of the carrier's responsibility and how a dispute over luggage goods recorded a loss of passengers.
وصف الملف: application/pdf
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6دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: The South Jakarta District Court, Corruption Criminal Act, Charging Defendant Status, Pre-Trial Session, Indonesia
الوصف: Pre-trial session is one of the efforts to find justice for a litigant. It becomes more popular since the scope of judicial review object as it is stipulated in Article 77 of the Penal Code is not in line with judicial development of law of criminal procedure in eliciting and finding the value of justice. The problem of the research was how about law of criminal procedure which regulates the scope of the authority of pre-trial session and how about the judge's consideration at the South Jakarta District Court in the Verdict No. 04/Pid.Prap/2015/PN.Jkt.Sel., which decided that the status of defendant in the corruption criminal act was invalid and had no legal ground. The conclusion was that law of criminal procedure, which regulates the scope of the authority of pre-trial session under Article 77 of the Penal Code, cannot be interpreted rigidly and only bound by the valid or invalid arrest, detention, halting the investigation and prosecution, indemnity and rehabilitation, but it should also deal with confiscation, raid, and determining the status of defendant as the object of pre-trial session. The judge's consideration at the South Jakarta District Court has principally met the purpose of finding justice in determining the object of pre-trial session because the judge interpreted it broadly by including the confirmation of the status of defendant as the object of pre-trial session. The judge's decision has also met the principle of legal certainty in determining the subject of corruption offense stipulated in Article 2, figure 7 of Law on Anti Collusion and Nepotism. However, his verdict on the State's financial damages was principally contrary to the principle of pre-trial session itself because it is part of judicial administration and not a part of pre-trial session
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7دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: Indonesia, Criminal Cases Handling, Restorative Justice, National Police
الوصف: Restorative justice practices will be assessed on the dimension correlated with the enforcement of criminal law (law enforcement) conducted by the national police, for example correlated with the handling of cases handled by the fuction of detective in the investigation of crime. The framework used by the function of detectives in the investigation process that is based on a formal judicial or termination of criminal cases, the problems that arise are already fulfillment of the element of criminal elements when faced with problem resolution through restorative justice which takes precedence or ruled out, if embraced by the the community provided they are not contrary to the principles of criminal law. The role of the national police to implement restorative justice can not be separated from the rule of law is the basis for both the laws and regulations of the national police and the the national police internal policies that define the telegram letter head of the national police headquarters criminal detectives. Restorative implement justice carried out by national police detectives who carry out function basically intended for handling cases of children, common interests and the maintenance of social order.
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8دورية أكاديمية
المؤلفون: Panggabean, S. A. (Sriayu), Suhaidi, S. (Suhaidi), Leviza, J. (Jelly), Barus, U. M. (Utari)
المصدر: USU Law Journal
مصطلحات موضوعية: Indonesia, Seine Nets, Trawls, Prohibition, Business fisheries, Fisherman
الوصف: In accordance with the mandate of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets that the use of fishing gear trawls and seine nets in Regional Fisheries Management of the Republic of Indonesia has resulting in declining fish resources and threatening environmental sustainability of fish resources, but the implementation of the ministerial decree raises the pros and cons among fishermen in Indonesia, especially in Sibolga City. Therefore , this thesis seeks to analyze the regulation of the Minister of Marine and Fisheries No. 2 / PERMEN-KP / 2015 on the Prohibition of the Use of Fish trawls and seine nets the trawl fishery business by fishermen in Sibolga with a view of the aspects of the law itself and the destination aspects of the welfare state.
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9دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: Immigration office of Belawan, Foreigner, Supervision, Indonesia
الوصف: Immigration based on article 1 Act number 6 year 2011 is a case history of traffic or people coming out of Indonesia's territory and surveillance in order to preserve the enforcement of state sovereignty. Immigration have 3 function or in common named “ Tri Function of Immigrastion”, that is community service function, law enforcement function and economic fasilitator function. Indonesian layout area especially Belawan has a strategic location from geografic or trading because close to Singapore and make a lot of factory build in this region so that things have a correlation with the user of skilled people that comes from another country and make a lot of foreign people from another country want to enter and come to Indonesia, which is that foreigner has a goal and different purpose. Immigration policy for that foreigner in 2 (two) approach that is prosperity approach, which is only foreigner that bring benefit for prosperity and wallfare to Indonesian people allowed to entering Indonesia. And then security approach that is give Immigration permit to them that not harm security of country and general order. The problems that faced for surveillance of foreigner system based on Act Number 6 year 2011 in Indonesia teritory especially in Immigration office of class II Belawan region and what that Immigration office of class II Belawan do to foreigner that breaking Immigration rule. The research Methods that used is the juridical normative that is study in konsepsional order from the meaning and the intent from regulation national law that have a correlation with Immigration surveillance and action to the permit of the foreigner who has stay in Indonesia and empirical juridical that is seeing the fact that occur in the field, and then connect to regulations now. The setting of surveillance for foreigner in Indonesia have been set up in Immigration act number 6 year 2011 but now the applications in the field esspecially in Imigration class II office of Belawan region have a few barrier and obstacles.
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10دورية أكاديمية
المصدر: USU Law Journal
مصطلحات موضوعية: Bankruptcy, Curator, Obligation, Right, Indonesia
الوصف: The Ruling of the Supreme Court on the case of PT. Telkomsel, the Supreme Court does not specify the compensation for the curator, whereas it has stipulated by the panel of judges of the Supreme Court. The objective of the research was to answer the problems about the right and obligation of a curator, the regulation on the compensation for a curator, and the right and obligation of a curator after the Ruling on the cancelation of bankruptcy in the cassation level by the Supreme Court on the case of PT. Telkomsel vs. PT. Prima Jaya Informatika was stipulated. Curator's task is to manage and/or to settle bankruptcy property, while his right is to get compensation for his service through a judge's verdict. According to UUKPKPU, the compensation for a curator's service is charged to the petitioner and the debtor of the bankruptcy; but, according to Kepmen No. M.09-HT.05.10/1998, it is charged to a debtor. According to Permenkumham No. 1/2013, it is charged to the petitioner of the bankruptcy. After the ruling on the cancellation of bankruptcy in the cassation level on the case of PT. Telkomsel is specified, the obligation of the curator was to announce the ruling in the cassation in the news of the Republic of Indonesia, at least in two daily newspapers. Under the law, a curator's right should be specified in a judge's verdict; but, in reality it is not stipulated in the Supreme Court's Ruling.
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