Riadhi Alhayyan
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

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SENGKETA PERBATASAN WILAYAH KASHMIR DALAM PERSPEKTIF HUKUM INTERNASIONAL Alhayyan, Riadhi; Arif, Arif; Leviza, Jelly
Journal of International Law Vol 1, No 3 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRACT Riadhi Alhayyan 090200029 Kashmir border dispute was very influential and disturbing in the South Asia region, because the dispute involves two major states of India and Pakistan. The bickering two countries fighting over kashmir region as the territory continues and has attracted a lot of attention from various countries in the settlement of the dispute. Kashmir border dispute has put a serious challenge for analysts and policy makers because the conflict is complex and heterogeneous. Kashmir, the disputed territory that lies at the foot of the Himalayas, under the rule of the three countries. Jammu-Cash Society ¬ hmir entered Indian territory, while the people of Ladakh and Jammu-Kashmir-Pakistan respectively controlled by China and Pakistan. Among the three, only the Jammu-Kashmirs turbulent and demanding independence. The research method with normative legal research or legal research literature conducted by examining the literature material, and empirical legal research. The study used the law is normative legal research or collectively, the literature study (library research) with the acquisition of secondary data sourced cider magazines, books, journals, newspapers, online websites, and other library documents. Analysis of the data used is qualitative analysis, ie data obtained and subsequently systematically compiled and then analyzed qualitatively in order to achieve clarity issues to be discussed and the results are set forth in the form of a thesis. Based on the results of the study authors that the status area Kashmir under international law is in dispute, as India and Pakistan both claim Kashmir as their territory. But the ruler of Kashmir when it was a Hindu, would prefer to join with India, so that Kashmiris are now split into two, Pakistan and Kashmir Kashmir India. Kashmir struggle in a dilemma. If using peaceful means and approach to politics, India claimed that the people of Kashmir have accepted the status quo, to be a part of India. Kashmir territorial dispute and the Kashmir conflict occurs because of a conflict of interest between the two countries and the political power that is manifested through unilateral claims of India and Pakistan. Including religious factor, pakistan claims that the khasmir is a muslim majority area integral for pakistan while also claiming in kashmir hindu community are integrated with india. Factors as well as border, it is located in the teritory of Kashmir Indian authorities, however, a dispute can not be separated from the colonial regime that tends to make the inter-state border artificially, meanings the colonial regime tends to create a new border regime without notice in the interests of natural factors such as ethnicity,and socio-cultural condition. Solution to solve the Kashmir region between India struggle with Pakistan should be implemented bilateral relations between the two countries. UN and SAARCsebaiknya entitles India and Pakistan over the Kashmir region in accordance with the location of each region. So there is no reason for India and Pakistan to fight each other for control of the Kashmir region as a whole. In addition, the United Nations and the SAARC should be decisive in resolving the Kashmir conflict annexation. For countries that do not abide by the decision of the United Nations and the SAARC should be subject to strict law. . Keywords: Kashmir dispute
ANALISIS HUKUM TERHADAP STANDARISASI LINGKUNGAN DALAM PERDAGANGAN INTERNASIONAL (ECOLABELL) Alhayyan, Riadhi; Arifin, Syamsul; Leviza, Jelly; Siregar, Mahmul
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : USU LAW JOURNAL

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ABSTRACT Environmental standards important to get the attention of the national legal system . Legal arrangement of standardization environment ( eco-labeling ) is not specifically fit but still refers to the standardization of the environment that the fit within the framework of WTO agreements that have been ratified in Law No. 7 of 1994 in this case related to the environmental aspects of the Agreement on Technical barriers to Trade and the agreement on the Application of Sanitary and Phytosanitary Measures ( SPS ). Standardization of the environment within the framework of WTO trade agreements in the context of his position, the main purpose of the GATT / WTO is free trade. GATT / WTO is not an environmental protection agency and does not have a mandate on the environment, only in this case to prevent barriers to trade (TBT), which can lead to the dreaded proteknisme and trade discrimination, the WTO stipulates that environmental aspects should be included in the terms of trade, but of competence for coordination policy in this field is restricted trade policies, and therefore the framework of WTO trade agreement is not the proper forum to resolve environmental problems due to shortage of neutrality of this institution to balance trade and environmental policy. Standardize the application of WTO environment in an atmosphere of national law as it has been ratified by the Indonesian government with Law No. 7 of 1994 regarding TBT especially concerning standardization in member countries to reiterate that in this case Indonesia was required to adjust the rules and regulations perudang national regulation in the field of standardization. This agreement recognizes that the Member States in this regard should not be prevented Indonesia issued a regulation and establishes a minimum standard level to safeguard and environmental management in its application should not be any element of discrimination and should not create unnecessary obstacles to trade. Indonesia currently has Ekolable Indonesian Institute which is based on a single commitment that the sustainability of the environment. Keywords : Standardization , the environment , international trade