Jelly Leviza
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara

Published : 57 Documents
Articles

PENYELESAIAN SENGKETA INTERNASIONAL MELALUI KEKUATAN BERSENJATA OLEH PERSERIKATAN BANGSA-BANGSA DALAM MENJAGA PERDAMAIAN DUNIA Arif, Arif; Theresia, Melda; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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Abstract

A. ABSTRAK International relations that happened among states are not always goes well. Disputes happen in this relations frequently.To solve this disputes, we can use of force. Use of force is not suggested, but it is not  forbidden too. International disputes settlement by use of force can be devide became two kind, they are unilateral and collective. Unilateral method can be done by each state without getting permission from any party, but this method must be done in individual self-defence situation. Collective method must be done by the Resolution from Security Council of United Nation. The international disputes settlement, neither it is solve by the unilateral method or collective method, we can see the regulation in Chapter 51 United Nation Charter.
PERAN KERJASAMA ANTARA INTERPOL INDONESIA DENGAN MALAYSIA DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Wiratama, Okky; Sutiarnoto, Sutiarnoto; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRACT 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. Keywords : Interpol, Mutual cooperation , Interpol of Indonesia 
BENTUK PERTANGGUNGJAWABAN INDONESIA TERHADAP MALAYSIA DAN SINGAPURA DALAM MASALAH KABUT ASAP DI PROPINSI RIAU Liu, Suadela; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRACT 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. Key words : Forest fires, International Law, Indonesia
KEDUDUKAN PERJANJIAN EKONOMI ANTARA PEMERINTAH DAERAH DENGAN LEMBAGA INTERNASIONAL DITINJAU DARI HUKUM NASIONAL DAN INTERNASIONAL Jakaria, Ananda; Leviza, Jelly; Arif, Arif
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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ABSTRAKSI The need for relationships between members of a community with other members of society with the growing technological advances in the field of transport, communication and information. In this regard, the government has enacted the Law number 37 of 1999 on Foreign Relations and the Law Number 24 Year 2000 on the International Covenant which is the result of the ratification of the Vienna Convention of 1969 and 1986. The second law provides a strong legal foundation for the organizers of foreign relations, foreign economic cooperation of local governments.Keywords : International Agreements, Local Governments, International Organizations 
TINJAUAN HUKUM INTERNASIONAL TERHADAP DIPLOMAT YANG MELAKUKAN TINDAKAN MELAWAN HUKUM DIHUBUNGKAN KEKEBALAN DIPLOMATIK Sentosa, Ali; Sutiarnoto, Sutiarnoto; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRACT 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.
STATUS HUKUM DAN PERLINDUNGAN ENVIRONMENTALLY DISPLACED PERSONS DITINJAU DARI KONVENSI 1951 TENTANG STATUS PENGUNGSI Sinari, Yuthi; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 2 (2013)
Publisher : Journal of International Law

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Abstract

AbstractClimate 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.Keyword: Refugees, Environmentally Displaced Persons
SUATU TINJAUAN YURIDIS TERHADAP PERJANJIAN EKSTRADISI INDONESIA DAN REPUBLIK KOREA SELATAN Panjaitan, Alma; Leviza, Jelly; Purba, Deni
Journal of International Law Vol 1, No 2 (2013)
Publisher : Journal of International Law

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Abstract

Abstraksi Extradition treaty between Republic of Indonesia and Republic of Korea was signed on the 28th November 2000 in Jakarta and ratified through Act Number 42 of 2007. With the ratification of Act Number 42 of 2007 the relationship and cooperation between the two countries for law enforcement and eradication of crimes are mutually beneficial. This study focuses on the history and development of the extradition treaty, procedures to implement the extradition and legal analysis of the extradition treaties of the Republic of Indonesia and the Republic of Korea.Keywords : Extradition, Indonesia, South Korea
KERJASAMA NEGARA-NEGARA ASEAN DALAM PENGENDALIAN PENCEMARAN UDARA LINTAS BATAS NEGARA DI LIHAT DARI HUKUM INTERNASIONAL Rafina, Raisa; Arif, Arif; Leviza, Jelly
Journal of International Law Vol 1, No 2 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRACT At first, the environmental degradation/damage was only limited to the domestic level. But in a very short period of time, environmental damage began to explore the region and manage to affect international relations within ASEAN. Currently, most people are no longer in doubt that the environment is a major problem which makes it as an international issue. With the onset of the problem, causing a conflict between the ASEAN region. There are some cases that have an impact on international relations in the ASEAN region, one of which is the smoke pollution. Among some issues being raised were how the legal basis for cooperation among the ASEAN countries in controlling air pollution, how ASEAN cooperation in the control of environmental pollution in ASEAN and how the implications towards Indonesia due to agreement /cooperation in air pollution control. Results and discussion explaining  environmental pollution issues in ASEAN countries are basically generated from forest management activities result from excessive economic measures, especially among ASEAN countries in terms of the management and utilization of forests as an economic resource. Regulation of fog and smoke pollution in the international sphere can be seen from several declarations or conventions that exist. As in the 1972 Stockholm Declaration which recognizes the fundamental human right to be able to live in a good environment and healthy and as well as the obligation to maintain and be responsible in all actions to prevent pollution especially when it is very harmful to other countries, such as the prevention of burning forests that followed by the 1992 Rio Declaration and the 2002 World Summit in Johanesburg. And applied in the context of an international convention of The Geneva Convention The Convention on Long-Range Transboundary Air pollutants, 1979 (Geneva Convention, 1979), which in Article 2 obligates that States Parties to try to push as low as possible, gradually reduce and prevent air pollution including transboundary air pollution. Cooperation within ASEAN countries in controlling air pollution caused by forest fires can refer to the implementation of cooperation among ASEAN members. The cooperation ranging from the establishment of the ASEAN Agreement on the Conservation of Nature pollutan 1995, the Regional Haze Action Plan 1997, the ASEAN Agreement on Transboundary Haze Pollution in 2002 which is the worlds first treaty that specifically addresses the cross-border pollution.   Keywords: Cooperation, ASEAN, air pollution, International Law
TINJAUAN HUKUM INTERNASIONAL TERHADAP UJICOBA NUKLIR KOREA UTARA DAN KAITANNYA DENGAN PERDAMAIAN DAN STABILITAS KEAMANAN GLOBAL Sinaga, Chrisyela; Leviza, Jelly; Sutiarnoto, Sutiarnoto
Journal of International Law Vol 1, No 3 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRACT 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 Koreas 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 Koreas 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 Koreas 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. Keywords: Nuclear Tests, Nuclear North Korea, Peace and Global Security
PENYELESAIAN SENGKETA INTERNASIONAL MELALUI KEKUATAN BERSENJATA OLEH PERSERIKATAN BANGSA-BANGSA DALAM MENJAGA PERDAMAIAN DUNIA Sihombing, Melda Theresia; Suhaidi, Suhaidi; Leviza, Jelly
Journal of International Law Vol 1, No 1 (2013)
Publisher : Journal of International Law

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Abstract

ABSTRAK International relations that happened among states are not always goes well. Disputes happen in this relations frequently.To solve this disputes, we can use of force. Use of force is not suggested, but it is not  forbidden too. International disputes settlement by use of force can be devide became two kind, they are unilateral and collective. Unilateral method can be done by each state without getting permission from any party, but this method must be done in individual self-defence situation. Collective method must be done by the Resolution from Security Council of United Nation. The international disputes settlement, neither it is solve by the unilateral method or collective method, we can see the regulation in Chapter 51 United Nation Charter.
Co-Authors Abdul Rahman Akbario, Sonang Ali Sentosa Alma Panjaitan Alvi Syahrin Ananda Jakaria Anderson Sirongoringo Sirongoringo, Anderson Sirongoringo Andy Andy Anggara Suryanagara, Anggara Ansharullah Ida, Ansharullah Arif Arif Ayu Nika Bachtiar Simatupang, Bachtiar Beby Suryani Fithri BUDIMAN GINTING Budiman Ginting Ginting, Budiman Ginting Christina N M Tobing, Christina N Chrisyela Sinaga Deni Purba Dewi Ervina Suryani, Dewi Ervina Dina S.T Manurung Ekpi Yoksara Simbolon Elpina Elpina, Elpina Eman Suparman Faisal Akbar Nasution Friska Messelina Sirait Gomgoman Simbolon, Gomgoman Gunarto Gunarto Hanawi Aananda Putra Sitohang, Hanawi Aananda Putra Harry Fauzi, Harry Hasim Purba Hengki Hengki Hotman Bintang Parulian Aruan Illovi, Faiz Ahmed Jean Bernard Myson Junandar Indra Tongam Panggabean, Junandar Indra Tongam Kania Syafiza Kanin, Agusta Ketaren, Abdurrahman Harit’s Khalida Syahputri Laurentia A. Kartika Lumban Batu, Cindy Vania Madiasa Ablisar Madiasa Albisar, Madiasa Mahmud Mulyadi MAHMUL SIREGAR Maria Margaretta Sitompul Marlina Marlina Marupa Hasudungan Sianturi Melda Theresia Melda Theresia Sihombing Muhammad Ekaputra, Muhammad Muhammad Hamdan Nasution, Indra Kurniawan Nasution, Mhd. Nur Arrahman NINGRUM NATASYA SIRAIT Novalia Arnita Simamora, Novalia Arnita Novie Andriani Kesuma Okky Wiratama Pendastaren Tarigan Tarigan, Pendastaren Tarigan Raisa Rafina Riadhi Alhayyan Rosnidar Sembiring Siregar, Fitria Ramadhani Sitepu, Runtung Steffy Steffy Suadela Liu Suhaidi Suhaidi Sukses M. P. Siburian, Sukses M. P. Sumanggam Wahyu Sunarmi Sunarmi Sutiarnoto Sutiarnoto Syafruddin Kalo Syamsul Arifin Syaravina Lubis T KEIZERINA DEVI Tan Kamello Theddy, Theddy Themis Simaremare, Themis Utary Maharany Barus Ventyrina, Ine Warhan Wirasto, Warhan Windy Widya Utami Yefrizawati Yefrizawati, Yefrizawati Yuthi Sinari Zainal Abidin Pakpahan