KEDUDUKAN GERAKAN SEPARATIS MENURUT HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA (STUDI KASUS GERAKAN ACEH MERDEKA)

Feriyanto, Feriyanto and Deli, Waryenti and Ema, Septaria (2013) KEDUDUKAN GERAKAN SEPARATIS MENURUT HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA (STUDI KASUS GERAKAN ACEH MERDEKA). Undergraduated thesis, Fakultas Hukum, UNIB.

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Abstract

Separatist movement is a group or movement that has the goal of keeping a separate territory gained independence from the country of origin. Until now there is no law specifically setting the secessionist movement both in international and national laws of Indonesia. International law only regulates its own separatist movements that have had status as subjects of international law helligerent while Indonesian national law regulates only a separatist movement. Of legal regulation, the authors are interested in discussing the position of GAM accordance with international law and national laws of Indonesia and the efforts by the Indonesian government in dealing with GAM. While the purpose of this study was to determine and compare the position of GAM accordance with international law and national laws of Indonesia and analyzing the Indonesian government's efforts in addressing the GAM. To answer the problem for this research we used the method to approach normative laws and comparative approach and examine more in library materials. Based on the discussion of the results of research that according to international law beginning Insurgent GAM has changed its status to a belligerent. GAM is due to the change of status has been no recognition that GAM has met the requirements as belligerent under international law. Meanwhile, according to the national law of Indonesia GAM is an armed group that threatens the security of the state with a crime such as treason. Various attempts have been made by the government of Indonesia through peaceful means and military deployment.

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