Pelaksanaan Yurisdiksi Universal Terhadap Modern Piracy Jure Gentium
Abstract
This study aims to analyze the relevance of the approach of universal jurisdiction in law enforcement against the crime of modern pirates. This study looks at piracy itself which changes over time and the effectiveness of universal jurisdiction in minimizing back piracy that can affect the international community. This research is normative. Universal jurisdiction has long been in law enforcement against piracy. However, turning the numbers of countries implementing universal jurisdiction raises the question of what constitutes an obstacle to implementing universal jurisdiction over the crime of piracy. In addition, several solutions have emerged that are considered more effective in enforcing the law against modern piracy in order to prevent the culture of impunity.
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References
Bantekas, Ilias and Susan Nash, 2003, International Criminal Law, 2nd edition, Cavendish Publishing, Australia. https://doi.org/10.4324/9781843145295
Charles Fairman, "A Note on Piracy Jure Gentium", The American Journal of International Law, Vol. 29, No. 3. https://doi.org/10.1017/S0002930000168599
David Stewart, "Some Perspectives on Universal Jurisdiction", American Society of International Law, Vol. 102, 2008. https://doi.org/10.1017/S0272503700028020
Eugene Kontorovich and Steven Art, "An Empirical Examination Of Universal Jurisdiction For Piracy", The American Journal of International Law, Vol. 104, No. 3, 2010. https://doi.org/10.5305/amerjintelaw.104.3.0436
Georges Abi-Saab, "The Proper Role of Universal Jurisdiction", Journal of International Criminal Justice 1, 2003. https://doi.org/10.1093/jicj/1.3.596
Nerea Marteache and Gisela Bichler, 2017, Crime Prevention and Transportation System in Crime Prevention, CRC Press, New York. https://doi.org/10.1201/9781315314211-4
Sam Bateman, 2007, "Outlook; The New Threat of Maritime Terrorism" in Lloyd's Marine Intelligence Unit, Violace at Sea, Routledge, USA.
Sefriani, 2012, Hukum Internasional Suatu Pengantar, Rajawali Pers, Jakarta.
Shaw, Malcolm N, 2013, Hukum Internasional, (Terjemahan Derta Sri Widowatie, et. al.), Penerbit Nusa Media, Bandung.
Simbeye, Yitiha, 2004, Immunity and International Criminal Law, Ashgate Publishing Limited, USA.
Soekanto, Soerjono dan Sri Mamudji, 2003, Penelitian Hukum Normatif, Suatu Tinjauan Singkat, PT. Raja Grafindo, Jakarta.
Starke, J.G., 2003, Pengantar Hukum Internasional, edisi kesepuluh, , Sinar Grafika, Jakarta
Lauren Benton, "Toward a New Legal History of Piracy: Maritime Legalities and the Myth of Universal Jurisdiction", International Journal of Maritime History, XXIII, No.1, 2011. https://doi.org/10.1177/084387141102300113
Matthew Garrord, "Piracy, the Protection of Vital State Interests and the False Foundations of Universal Jurisdiction in International Law", Diplomacy & Statecraft, Vol. 25, Issue 2, 2014 (published online). https://doi.org/10.1080/09592296.2014.907060
Michael J. Kelly, "The Pre-History of Piracy as a Crime & Its Defitional Odyssey", Case Western Reserve Journal of International Law, Vol. 46, Issues 1&2, 2013.
Michael Scharf and Mistale Taylor, "A Contemporary Approach to the Oldest International Crime", Utrecht Journal Of International and European Law.
Peter Weiss, "Universal Jurisdiction: Past, Present and Future" , American Society of International Law, Vol. 102, 2008. https://doi.org/10.1017/S0272503700028032
Rome Statute of the International Criminal Court United Nations Convention on the Law of the Sea 1982
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