Introduction to The Problem: The execution without notification of Tuti Tursilawati's at the end of 2018 becomes one of the most important diplomatic and consular relations issues between Indonesia and Saudi Arabia. Indonesia was unable to seek Saudi Arabia clarification because of the absence of bilateral agreement regarding consular notification between Indonesia and Saudi Arabia. Having regard to the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963, both provides the protection and assistance from the Consulate to all their citizens abroad. Purpose/Objective Study: This research aims to outline the importance of bilateral agreement on the mandatory consular notification in dealing with a case of Tuti Tursilawati who executed by Saudi Arabia government without any notification to the Republic of Indonesia. Design/Methodology/Approach: Data was collected from primary and secondary data sources in the form of literature legal research and statute approach. Findings: The result shows that based on Article 36 of the VCCR 1963, Mandatory Consular Notification should be delivered by Saudi Arabia before the execution. Making a bilateral agreement on Mandatory Consular Notification (MCN) with Saudi Arabia is very urgent to become a legal basis in helping and giving proper protection to the Indonesian who lives in Saudi Arabia in the future. Without that agreement, Indonesia will be not easy to access the information and assisting to protect the rights of the nationals from any cases that happened abroad, especially related to criminal issues.
Theft violates both legal and religious norms and it is a crime under Islamic and Indonesian Criminal Law . The study aims at comparing the regulation of theft both in Indonesia and in Islam. This normative legal research relies on secondary data and employs comparative approach. Comparison is made to explore the similarities and differences between Islamic criminal law and Indonesian criminal law with regard to theft especially on how this crime defined, the form of punishment , the requirement for imposing the punishments, and how effective are these punishment to deterring people from committing theft. The results of the study show that the use of imprisonment for theft as adopted in the Indonesian Penal Code seems to be ineffective for controlling theft cases. Hadd punishment as introduced in Islamic criminal law seems to be more promising for addressing the increasing number of theft cases. This is so because the application of cutting hand off not only prevents the thief to repeat the crime but also preventing others to do the same. Therefore, both special and general deterrence purposes are satisfied.
The Black Sea has been the scene of conflict between coastal states throughout history. Recently, emerging Russia-Ukraine tension continues. The Russian Federal Security Service ("FSB") destroyed and captured three Ukrainian Military Ships and detained 24 of its personnel on November 23, 2018. As the dispute continued, Ukraine finally raised the matter to the International Tribunals on Law of The Sea ("ITLOS"). This tension, which reaches a hot conflict point from time to time, causes legal changes in the Black Sea eventually. This article discusses the current legal status of Crimea, the Sea of Azov, and the Kerch Strait and aims to explain from the perspective of Russia, Ukraine, and Turkey. The study shows how the conflict environment in the region has a changing effect on the existing maritime borders and whether Russia’s act is a part of violation of the UNCLOS and International Law.
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