Studi Tentang Penerapan Effectives Occupation Principle Dalam Penyelesaian Sengketa Wilayah Negara

Zuhir, Mada Apriandi (2004) Studi Tentang Penerapan Effectives Occupation Principle Dalam Penyelesaian Sengketa Wilayah Negara. Working Paper. Fakultas Hukum Universitas Sriwijaya, palembang dan Jakarta.

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      Abstract

      The research entitled “Study on Implementation of Effectives Occupation Principle” intends to get better known and to get description and also to mention developing of international law concerning to territorial jurisdiction dispute resolution as in ICJ’s decision, basic of the facts and legal consideration and alternative ways to prevent any territorial jurisdiction disputes. The research has been done through a method bases on some activity phases such as sampling area and target and source of data, technique of data collecting and data analysis. Type and source of data are collected by purposive sampling method. Furthermore analyzed by means of qualitative descriptive with juridical normative approach and the last, to get conclusion though inductive method. The results show that developing of international law concerning to territorial jurisdiction dispute resolution as in ICJ’s decisions based of Effectives Occupation Principle, ICJ conclude that sovereignty over Pulau Sipadan and Pulau Ligita belong to Malaysia on the basis on the facts and legal consideration that Indonesia cannot proved the intention and will to act as sovereign (i.e. activities evidencing an actual, continued exercise of authority over the islands). Alternative ways to prevent any territorial jurisdiction disputes between Indonesia and other border states is strengthening our law especially on national territory matters

      Item Type: Monograph (Working Paper)
      Uncontrolled Keywords: ICJ,principle
      Subjects: K Law > K Law (General)
      Divisions: Faculty of Law > Department of Law
      Depositing User: Rudi Kule
      Date Deposited: 20 Sep 2013 12:47
      Last Modified: 20 Sep 2013 12:47
      URI: http://eprints.unsri.ac.id/id/eprint/2701

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