Yurisdiksi - Pengertian Yurisdiksi, Yurisdiksi Teritorial, dan Yurisdiksi Personalitas

Summary

This video lecture explores the concept of jurisdiction in international law, focusing on its connection to sovereignty. The speaker outlines four main types of jurisdiction: territorial, personal, protective, and universal. Territorial jurisdiction is divided into subjective and objective forms, depending on whether the crime occurs within a state's borders or affects its interests. Personal jurisdiction is based on the nationality of the perpetrator or victim. The lecture emphasizes the balance between state sovereignty and international law, discussing the sometimes controversial nature of applying jurisdiction across borders. The importance of understanding these concepts is highlighted for students, encouraging further study through case examples and required readings.

Takeaways

• 😀 Jurisdiction refers to a state's authority to apply and enforce its laws within its territory or over its nationals abroad.
• 😀 Jurisdiction is closely tied to the concept of state sovereignty, reflecting a state's supreme power to govern and enforce laws.
• 😀 Territorial jurisdiction allows a state to exercise authority over crimes committed within its physical borders, including land, air, and sea.
• 😀 Territorial jurisdiction can be divided into two types: subjective territorial jurisdiction (based on where the crime began) and objective territorial jurisdiction (based on the impact of the crime).
• 😀 The **Lotus Case** serves as a landmark example of objective territorial jurisdiction, where Turkey claimed jurisdiction over a French ship due to the impact on Turkish nationals, despite the incident occurring in international waters.
• 😀 Personal jurisdiction is based on the nationality of the individuals involved in a crime, either the perpetrator or the victim.
• 😀 Personal active jurisdiction allows a state to prosecute its nationals for crimes committed abroad, regardless of where the crime took place.
• 😀 Personal passive jurisdiction is more controversial, allowing a state to prosecute foreign nationals for crimes that harm its citizens, even if the crime occurred outside the state's borders.
• 😀 The case of **Oki (Edi Wantoro)**, who was deported to Indonesia after committing murder in the U.S., demonstrates personal active jurisdiction, as Indonesia prosecuted him due to his Indonesian nationality.
• 😀 The **Mexican defamation case** illustrates personal passive jurisdiction, where Mexico prosecuted an American for defaming a Mexican citizen, even though the crime was committed outside Mexico's borders.
• 😀 Understanding jurisdiction requires knowledge of both territorial and personal jurisdiction types, which are crucial for applying international law effectively.

Q & A

What is jurisdiction in international law?

Jurisdiction in international law refers to a state's authority to apply its legal rules and enforce consequences within its territory, over individuals, objects, or the environment.

How is jurisdiction related to state sovereignty?

Jurisdiction is closely tied to state sovereignty because a sovereign state has the supreme authority to implement and enforce its laws within its own borders, while respecting the sovereignty of other states.

What does the term 'par in parem non habet imperium' mean?

'Par in parem non habet imperium' is a Latin phrase meaning that one sovereign state cannot impose its jurisdiction on another sovereign state, as all states are equal in terms of sovereignty.

What is the difference between territorial and personal jurisdiction?

Territorial jurisdiction is based on a state's authority to enforce laws within its borders, whereas personal jurisdiction is based on the nationality of the individuals involved in the crime (either the perpetrator or the victim).

What is territorial jurisdiction and how does it apply in international law?

Territorial jurisdiction refers to a state's authority to apply its laws within its land, sea, and airspace. It allows a state to exercise legal power over crimes committed within its physical territory.

What is the difference between objective and subjective territorial jurisdiction?

Objective territorial jurisdiction applies when a crime occurs within a state's territory, while subjective territorial jurisdiction applies when a crime occurs outside the state but affects its territory.

Can you give an example of a case where objective territorial jurisdiction was applied?

The *Lotus Case* between France and Turkey is an example, where Turkey applied objective territorial jurisdiction after a French ship collided with a Turkish ship, causing significant damage to Turkish nationals.

What is active personality jurisdiction?

Active personality jurisdiction, also known as national jurisdiction, allows a state to apply its laws to crimes committed by its nationals, regardless of where the crime took place.

What is passive personality jurisdiction?

Passive personality jurisdiction allows a state to apply its laws when the victim of a crime is a national of that state, even if the crime occurred abroad and the perpetrator is not a national.

How does the Oki case illustrate active personality jurisdiction?

In the Oki case, an Indonesian national committed a murder in the U.S. The Indonesian government applied active personality jurisdiction, prosecuting the individual in Indonesia because the perpetrator was an Indonesian citizen.

What does the case of defamation by an American citizen against a Mexican national demonstrate?

This case demonstrates passive personality jurisdiction, where Mexico claimed jurisdiction over an American citizen who defamed a Mexican national, even though the crime occurred in a third country.