INTERNATIONAL JOURNAL OF LAW ... - Ejournal2 Undiksha

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49 Available online at https://ejournal2.undiksha.ac.id/index.php/IJLTC/issue/archive

THE VIEWPOINT ON INTERNATIONAL LAW IN THE NATIONAL LEGAL SYSTEM

Karina Sukmaningrum

Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha, Email: [email protected]

Info Artikel Abstract Masuk: 1 April 2022

Diterima: 23 Mei 2022 Terbit: 1 Juni 2022 Keywords:

position, international law, national law

Corresponding Author:

Karina Sukmaningrum email:karina.sukmaningrum

@undiksha.ac.id

This article discusses the history of international law and how the position of international law in the legal system in Indonesia or the national legal system, every social and state life requires the existence of an order of behavior that is recognized as strong and binding. Both are only customs or legal norms, both written and unwritten. The method used in making this article is the library method through descriptive presentation and qualitative analysis, which is done by researching library materials such as books, articles and journals related to the object being written. The purpose of writing this article is to provide an understanding of the history of international law, provide a definition of international law, explain the subjects and elements of international law related to national law and provide an insight into the position of international law in the national legal system.

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Introduction

Law and society have a very close relationship, society will be formed and arise if there is a legal system that regulates relations between people with one another and so does the law, it will only exist if there is a society. The scope of the community is also wide, starting from people in the region, people in a country and also people around the world. Laws also have their respective places of application, such as national law that applies in the national community or applies to a country and international law with a wider scope that applies to people around the world. International Law was born as a branch of legal science which of course had various mentions during its development, Mochtar Kusumaatmadja in his book which is very well known among legal academics, Introduction to International Law, distinguishes three mentions of the term international law, namely the term international law (international law), the law of nations. nation (law of the nations), and law among nations (law among the nations).

International law is needed by the international community, because the international community is not static, so international law develops according to the development of society.

International law is the basis for regulating relations between nations, therefore the main subject or main subject of this international law is the state, followed by other subjects such as international organizations or political movements. International law is a rule that regulates relations between countries that are cross-border. Each country is not obliged to be bound or subject to international law, but it is handed back to each country to comply or not to comply with international law. ¹The question that often arises is about how the relationship between international law and national law exists in countries in the world, whether they have a relationship and also a relationship that can help solve problems both in a country or in the world. In general, countries in the world can be classified into these two schools, although each country has different state practices regarding the acceptance of international law in the legal system of their respective countries. This can be studied further if we look at the process of implementing the provisions of international law in the country, both in the application of the social order of life and in the judicial institutions of the country.

1 Mangku, D.G.S. (2020) PENYELESAIAN SENGKETA PULAU BATU PUTEH DI SELAT JOHOR ANTARA SINGAPURA DENGAN MALAYSIA DALAM PERSPEKTIF HUKUM INTERNASIONAL. Page 543.

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Discussion

History of International Law

The history of international law is divided into three periods, namely classical, medieval and modern times. In the classical period the rules of conduct governing the relations of independent societies were deemed necessary and emerged from the habits adhered to by the people in reciprocal relations, such as treaties, immunity of ambassadors, the rules of war invented several centuries before the birth of Christianity. The increasing relationship, cooperation and interdependence between countries, the emergence of new independent countries in large numbers as a result of decolonization, the establishment of international organizations in a very large number have caused the scope of international law to become wider. Furthermore, international law does not only regulate relations between countries but also other legal subjects. The development of Modern International Law can be seen from 400 (four hundred) years of development of international customs and practices of countries in the European region, in the relations between them and their communities. This can be proven from the writings of legal experts from the XVI, XVII, XVIII centuries. At that time the concept of international law was colored by the concept of national sovereignty, the concept of territorial sovereignty, the concept of full equality and the concept of the independence of states. These concepts were actually adopted in the constitutional system of European countries but were eventually adopted by non-European countries.

- Classical Era

In ancient India, there was a rule that contained rules, and a legal institution was established which regulates the classification and relations between castes, then also regulates ethnic groups, including rules governing kings according to customs. At this time, in the laws of the ancient Indian nations, there was a system of selecting the position of the king's envoys and what rights they had, we know this envoy as an ambassador. They also know the laws of war, what are the rights and obligations of a king and treaties. In the laws of war that they are familiar with, there is a difference between combatants (people who participate in war) and non- combatants (people who do not participate in war), it also contains provisions for behavior for prisoners of war and procedures for conducting war (the conduct of war). . According to Bannarje, the royal regulations referred to in the rights and obligations of a king contain the ethics of a king, and also the ethics of the king when dealing with other kingdoms or can be referred to as "Dharma Village". Although the laws that govern it are still on a small and simple scale, at this time it has shown that a provision that regulates relations between kingdoms has been identified.²

Then in the days of Ancient International Law, the Jews in the laws of the nations they belonged to had known the ethics of war, the provisions of behavior when dealing with foreigners and the procedures for war. This has been written in the Old Testament books which are mostly written in Hebrew. However, in this war statute there are general behavioral exceptions only for sworn enemies.

Being in an Empire that governs people and nations, makes laws that govern kingdoms at a time when Roman times were not developing rapidly. Nevertheless, the Romans contributed greatly to the principles and concepts that were easily accepted in international law, such as occupation, servitut, bona fides, and the principle of Pacta Sunt Servanda, which is a Roman cultural heritage that is still used today. Roman law has become the basis of every legal system in Europe, especially Western

2 Azhar, Abdul Halim (2020) Hukum Internasional Sebuah Pengenalan, page 6

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Europe. The forerunner of the law used is that ancient Rome recognized 2 types of law, the law governing relations for the Roman community (ius ceville) and the law governing relations between the Roman community and foreigners (ius gentium). Then came the law of ius enter gentes which regulates public and individual relations. Vinoggradof said that during the Greek period there had been 'intermunicipal laws', rules and customs governing city-state relations such as provisions regarding envoys, declarations of war, slavery of prisoners of war. Intermunicipal rules also apply to neighboring communities of the city-state. However, intermunicipal rules are strongly influenced by religious influences, so that there is no clear separation between law, morals, religion and norms (Starke, J.G.).

3The process of establishing international law in the Greek era began with city-states establishing relations with one another, and among them establishing diplomatic relations. The Greek population has also divided the population into 2 (two) groups, namely, Greeks and non-Greeks (Barbarians/unbarbarians). This community is also familiar with the provisions of arbitration and trade representatives (consuls).

- Middle Ages

This period known as the Dark Age had progress in the field of natural law under the change of the church. European Christian teachings that emerged began to shift the secularization contained in the feudal system. The system of government led by an emperor, but the influence of his power is not as strong as that of a Pope who is the supreme leader of the catholic church.

Then came the concept of a just war with Christian teachings as an action that aims to take action in accordance with the teachings of the church. It is very unfortunate that at this time there was no significant progress in the development of international law. Although in the Middle Ages international law did not experience significant development, as a result of the great influence of church teachings, but in countries outside the reach of the church such as England, France, Venice, Sweden, Portugal, the seeds for the development of international law began to emerge. ⁴Treaties made by the state are more about regulating war, peace, armistice and alliances. The weakening of church power is marked by secularization efforts, such as that carried out by Martin Luther as a church reformer figure, and along with the formation of modern states.

In the late Middle Ages, international law was used in political, defense and military issues.

The law regarding expropriation of territory relates to European exploration of the African and American continents. Some legal experts such as, Francisco De Vittoria who gave lectures at the University of Salamanca Spain aimed at justifying the practice of the Spanish conquest. He wrote the book Relectio de Indies, which explained the relationship between the Spanish and Portuguese and the Indians in the Americas. In the book it was also stated that the state cannot act as it pleases, and ius inter gentes (law of nations) applies not only to nations. Europe but also for all mankind. However, at this time countries that would have an influence on the development of international law began to show themselves, such as France, Venice, England, Sweden, and Portugal. Then the treaties made by the state began to lead to agreements in regulating war, achieving peace, the ceasefire movement and the creation of alliances. In the last days of this dark age, international law came into effect and was used

3 Azhar, Abdul Halim (2020) Hukum Internasional Sebuah Pengenalan, page 6

4 Arsensius. SEJARAH PERKEMBANGAN HUKUM INTERNASIONAL DARI MASA KLASIK HINGGA MASA MODEREN. Page 5

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for political issues, in defense and the military. As well as the law that writes down the procedures for taking over areas related to European exploration areas on the African and American continents.

- Modern Era

The law of nations has a new name as international law, by Jeremy Bentham. This new understanding affects the content of international law itself, namely the separation between domestic and international issues. This distinction is a result of the emergence of the concept of sovereignty from the Peace of Westphalia agreement which is intended to end the war between religious groups that has lasted more than 30 years in Europe. According to Mochtar Kusumaatmaja, the Westphalian peace is considered an important event in the history of modern international law and laid the foundations of modern society. The form of states is no longer based on the kingdom but is based on national states, and there is a separation between the church and government affairs. There is a tendency of legal experts to put forward the rules of international law, especially in the form of treaties and customs and reduce natural law as little as possible as the source of these principles. The leading writers in the 17th and 18th centuries include: Cornelis Van Bynkershoek (1673-1743), who argued the importance of the actual practice of states rather than natural law. Other contributions of thought are theories about the rights and obligations of a neutral state. Von Martens (1714-1767), in the Receuil des Traites, is a collection of treaties that is still a valuable collection today. Emmerich De Vattel (1714-1767) introduced the principle of equality between states. International law experts began to emerge after Hugo Grotius which was divided into 2 (two) schools, namely the flow of natural law and the flow of positivism. According to Pufendorf, a legal expert from the Netherlands, he stated that international law is part of natural law that stems from human reason, which regulates human life whenever and wherever he is, whether he lives as an organization in a country or not. ⁵

International law develops even further. Several factors that influenced this development were the rise of new countries, both inside and outside the European continent, the modernization of world transportation facilities, new discoveries, especially in the field of military weapons for war. All of this raises the need for a firm international legal system to regulate international relations. This century also saw the development of the rules on war and neutrality, as well as the increasing settlement of international cases through international arbitration institutions. The practice of states is also getting used to the making of treaties to regulate relations between states. The results of the work of legal experts, focus more on the prevailing practice and put aside the concept of natural law, although it does not abandon reason and justice, especially if something is not regulated by treaty or custom. . The leading legal experts at this time included: Henry Wheaton, who wrote the book Elements of International Law; De Martens, wrote a book based solely on the practice of states not according to natural law; Kent, Kluber, Philimore, Calvo, Fiore, Hall.

The establishment of an international organization that accommodates international legal experts is in the forum of the Law International Association and the De Droit International Institute.

International law is also an object of study on a wide scale and allows the handling of international issues in a more professional manner. In this century, the Permanent Court of Arbitration was formed at the Hague Conference of 1899 and 1907. The establishment of the Permanent Court of International

5 Arsensius. SEJARAH PERKEMBANGAN HUKUM INTERNASIONAL DARI MASA KLASIK HINGGA MASA MODEREN. Page 5

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Justice as an international judicial tribunal in 1921, this court was later replaced by the International Court of Justice in 1948 until now. . International organizations were also formed whose functions resembled world governments for the purpose of peace and the welfare of mankind, such as the League of Nations, which was later replaced by the United Nations. The expansion of the scope of the multilateral treaty is not only in the socio-economic field but also includes the protection of individual fundamental rights and freedoms. International jurists are more concerned with court practices and decisions. In line with developments in modern society, international law is required to regulate nuclear and thermonuclear energy, international trade. International transportation by sea, regulation of space outside the atmosphere and in cosmos space, environmental monitoring, establishing a new regime for exploration and exploitation of natural resources on the seabed beyond territorial boundaries, information network systems and data security computers and international terrorism.

Some of the international legal issues that often arise in international relations include claims for compensation that befell citizens of a country in another country, acceptance and expulsion of foreign nationals by a country, nationality issues, extraterritorial enforcement of several national laws, interpretation of international treaties, and the implementation of a complex agreement applied by most countries in the fields of trade, finance, transportation, aviation, nuclear energy. Violations of international law that result in war, disarmament and the illegal arms trade. The various problems above show that international law is still needed to overcome various problems that occur in international relations. International law is expected to regulate and provide appropriate and fair legal solutions so that it can be recognized and accepted by the conflicting countries or parties, not contradictory. with the national laws of a country, in an international legal system that is global in nature.

1. Definition of International Law

There are several terms used to describe the law international (public), we use the term public international law distinguish it from the term private international law. In This module will use international legal terms for law international public. There are several terms used for law international law, namely the law of nations as used by J.L. Brierly ⁶that defines state law or international law as follows: 'as a body' rules and principles of action that bind civilized nations to years of their relationship with each other'. There are also those who use legal terms between countries, public international law, Common Human Law. If we use the term law between nations, it is as if we only study the laws governing relations between nations. whereas if the law is used between countries, it is as if International law only regulates relations between states. In fact, international law does not only regulate the relationship between only the state but regulates the relationship between the state and subject of international law is not a state, for example relations between countries with international organizations, relations between international organizations with other international organizations, relations between countries with the Holy See, the relationship between the state and the individual in terms of specifically, for example the relationship between the state and refugees (refugee), with Therefore, in this module, the term international law will be used for public international law. Use the term to denote that legal relations governed by international law are not only only regulates relations between nations/states but is broader than that. The use of this term is closer to the reality and nature of the relationship and problems that are the object of this legal field, which are currently not only limited to laws between countries or between countries. In addition, the term

6 J.L. Brierly The Law of nations, fifth edition, Oxford At The Clarendon Press, 1955, hal 1

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international law is commonly used. For example, for writers in Indonesia such as: Ali Sastroamidjojo in his book “Introduction to International Law”, ⁷Djatikoesoemo, Law International Section, Peace and War, Wirjono Prodjodikoro, Azas-Azas International Public Law.

Furthermore, Starke stated that in this formulation it has been leaving the traditional formulation in which international law is a legal system that regulates relations between countries, but in development of international law not only regulates the relationship between country but more broadly.

3. The Purpose and function of International Law

The presence of international law as a branch of law has its own purpose and function. The aim of international law, it means the principles and rules contained in the law Dr. Moh. Risnain, SH., MH. International has its own distinct purpose national law. Likewise with the function of international law. The purpose of the law is related to the vision to be realized international law, while the functions relate to way to achieve the mission of international law. According to J.G Starke, the original aim of international law was establish an orderly system of international relations. Destination It then developed international law not only establish order, but international law aims at realizing justice in relations between countries and justice for individual. ⁸International law is not only a rule of law without value but has a clear goal of presenting order and justice in international relations between countries.

According to Samsuhaedi Adimiwiria, the main purpose of law international are:

1. Maintaining international peace and security;

2. Advancing the public interest of citizens internationally and promote the general welfaremankind;

3. Develop friendly relationships and cooperation in all fields of fields among nations;

4. Develop respect for rights and freedoms human rights and respect for the rule of law and justice;

5. Organizing the life of the international community in such a way as to provide the possibility for International Law and Indonesian National Interest mankind to perfect his personality and advance the degree of life in all fields as a civilized and cultured nation.

The intended function of international law is to achieve the vision of international law according to Samsuhaedi Adimiwiria is organizing a network of legal frameworks in which international relations can be carried out carefully (to provide the legal frame work within which international relations can be regularly conducted). There are several

The functions of international law are:

• Respect international justice and obligations

• Respect common interests

• Respect the independence of the nation and territorial integrity country

• Respect the right to self-determination and not interfere in the internal affairs of other countries

• Respect the equal legal status of all the nation as a sovereign state

7 Ali Sastroamidjojo, Pengantar Hukum Internasional, Bharata, Jakarta, 1971.

8 J.G. Starke, Introduction to international law, Butterworth, London, 1989, p. 18.

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• Respect human-personal dignity and values 3. The Position of International Law in National Law

Now the position of international law in the national legal system is quite authoritative.

National law cannot simply override international law, because basically national law is subject to international law (monism with the primacy of international law). The most emphatic example of respect for international law is the bias of states which in general would be respected by signatory states. Agreements in the economic field such as the Treaty on the Prevention of Double Taxation will also be respected by the participating countries. In the current economic globalization, trade agreements such as the "General Agreement on Tariffs and Trade" (GATT) will have major consequences in the national legal system, such as adjusting the system of provisions in the GATT. Thus, it is clear that in general, countries comply with obligations derived from treaties of other countries. Other international provisions which also have authority in national law are provisions regarding immunity and diplomatic privileges and the treatment of foreigners and foreign property. The state has an important role in the international community. It can be said that the state is the main actor in the international community, the state as a member of the international community means a sovereign state. State sovereignty is an essential characteristic of the state. The state is sovereign over its territory and its people.

State sovereignty is only limited to its territory, therefore the boundaries of a country are very important. A sovereign state is a country that has independence and the principle of equality. According to Mochtar Kusumaatmadja that sovereignty, independence and equality do not conflict with the concept of an international community regulated by international law. The international community as stated above consists mainly of states, the number of states that are members of the community continues to grow, especially after World War II. Many new countries emerged, which became independent after World War II. We can see that the increase in UN members is twice as large as the original UN members. In addition, already established countries such as the United States, Britain, and others try to spread their influence over emerging countries. Countries that just emerged after World War II as members of the international community have independence, sovereignty and the same degree as the previous member states of the international community. In its development, the emergence of new countries as members of the international community caused a change in the world political map. If after World War II it was often marked by the relationship between the West and the East, but then in terms of economic relations, the relationship between the south and north emerged.

This change in the political map also affects the development of international law.

The Relationship Between International Law and National Law

Two major schools have been formed as a result of different views regarding the binding basis for the application of international law, especially voluntary and obycktivist theories. These streams are:

1. Dualism

This school assumes that national law ("state law") and international law are two different book systems. Triepel, one of the leaders of this school, stated two basic differences between the two book systems, namely:

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1. The subject of national law is the individual, while the subject of international law is the state.

2. The source of national law is the will of each country, while international law is the common will of states.

3. The basic principle underlying national law is the basic principle/basic norm of the state constitution, while international law is based on the principle "agreement is binding" ("pacta sunt servanda").

The Position of International Law in the National Hulaun System This last argument was put forward by Anzilotti, the eminent scholar. Lebin continued Anzilotti stated that there would never be a conflict between the two legal systems, there could only be an appointment ("renvoi") between the two. Dualism is also supported by most judges of the national courts. The formal sources of majority international law are international treaties and customs. While national law in general is law made by the courts ("judge made law") and regulations made by the national legislature.

Many objections have been raised against this theory. In reality, international law is not only binding on states but can also bind individuals and subjects other than the state. The argument for the existence of different sources is not so strong, because it is clear that international law applies not only to the common will of the state community, but more than that because of the will of the state community for relations and cooperation. While the postulate regarding the principle of establishing the basis of international law is "pacta sunt servanda" cannot be justified, because it is only a small part of the basic principles of international law that are so broad, such as general principles of international law, decisions of judges, and general principles of international law. other basic principles. The important consequence of this theory is that the principles of one legal instrument cannot be sourced or based on another legal instrument, in other words there will be no "hierarchical" problem between the two legal instruments. Thus the provisions of international law require transformation into national law before they can apply in the national legal environment. This cannot be satisfactorily accepted, because in practice national law often has to comply with international law or vice versa.

This transformation theory is also answered by the Delegation Theory ("the Delegation Theory"). According to this theory, there is a delegation of authority from international law to national law (in this case the state constitution) to determine which provisions of international law will apply and what procedures must be followed to incorporate them into the national legal system. So there is no need for a special transformation action or the making of a special national law in the context of the implementation of international law.

2. Monism

Adherents of this school argue that national law and international law are part of a single legal science. All law is a unit consisting of binding rules, whether it is against the state, individuals or subjects other than the state. Therefore, both national law and international law are part of a legal science that regulates human life. The result of this view is the possibility of a "hierarchical"

relationship between the two legal systems. This causes the emergence of two different opinions about which legal system is the main between the two in the event of a conflict/conflict. These understandings are:

a. Understanding Monism with the Primate of National Law

This understanding assumes that national law has a more important position than national law and in essence national law is the source of international law. The reasons given were:

- there is no one world organization that is above the countries and regulates the lives of these countries.

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- the basis of international law lies in the constitutional authority of states (the power of states to conclude treaties).

This theory has many weaknesses, as if international law is only in the form of written law, so it is based on the Position of International Law in the National Legal System of the constitutional authority of the state, even though international law also consists of unwritten customary law. Basically, this understanding is in line with the flow of dualism in applying the denial of the existence of international law, considering whether or not international law applies depending on national law. If national law does not want international validity, then the law cannot apply.

b. Monism with the Primacy of International Law

This view assumes that national law originates from the tone of international judges who basically have a higher hierarchy, so the rule of law must be shared with more than one hundred countries in the world with each different system. International law is fundamentally superior to national law. This is based on two strategic facts, namely, if international law depends on the state constitution, if the constitution is replaced, the international law can no longer be valid. Since the London Conference in 1831 it has been recognized that the existence of an international book does not depend on the change or abolition of a constitution or a revolution in a country. The conference explicitly stipulated the basic provisions that: "a treaty will not lose its validity even if there is a change in the domestic constitution." It was then recognized that a new state that meets the international community will be bound by applicable international law, without prior approval. If the agreement is stated, it is only a statement of the existing legal position. In addition, there is an obligation for every country to harmonize its nationality, including its constitution, with international law. National law does have full sovereignty, but this simply reflects that a country will have authority with international law as a barrier. National law does have full sovereignty, but this simply reflects that a country will have authority with international law as a barrier.

Conclusion

International (public) law is sometimes called the law of nations or the law of nations. We choose the term international law because it is closer to the fact that only international law regulates relations between states but also the relationship between states and non-state legal subjects and the relationship between non-state legal subjects with each other. According to Mochtar Kusumaatmadja International Law is the whole of the rules and principles governing relations or issues that cross national boundaries between:

1. Country by country.

2. Countries with non-state legal subjects or non-state legal subjects with each other.

In its form, international law is distinguished between General International Law, Special International Law and Regional International Law. Special International Law is international law that applies between certain countries which is not limited to certain areas. Regional International Law is the law that applies to countries in a particular region. Regional International Law grows out of the customs that exist in the region. While Special International Law grows out of international treaties.

Both Special International Law and Regional International Law can contribute to the development of General International Law.Now the position of international law in the national legal system is quite authoritative. National law cannot simply override international law, because basically national law is subject to international law (monism with the primacy of international law).

The most emphatic example of respect for international law is the bias of states which in general would be respected by signatory states. Agreements in the economic field such as the Treaty

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on the Prevention of Double Taxation will also be respected by the participating countries. In the current economic globalization, trade agreements such as the "General Agreement on Tariffs and Trade" (GATT) will have major consequences in the national legal system, such as adjusting the system of provisions in the GATT.

Suggestion

With this article or journal, hopefully later it can be useful and add broad insight and knowledge about the basic concepts of the scope of law in International Law. This is important to learn considering that law is the basis of the Introduction to International Law course, so we must be able to master and know the basic concepts of international law and the position of international law in national law. In addition, the author also realizes that there are still many shortcomings or errors in this journal which are still far from perfect. The author will continue to study and improve this article by referring and seeking references from reliable and accountable sources later, therefore the author really hopes for constructive criticism and suggestions that can help make this article better in its discussion and delivery.

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Arianta, K., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Perlindungan Hukum Bagi Kaum Etnis Rohingya Dalam Perspektif Hak Asasi Manusia Internasional. Jurnal Komunitas Yustisia, 1(1), 93-111.

Daniati, N. P. E., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Status Hukum Tentara Bayaran Dalam Sengketa Bersenjata Ditinjau Dari Hukum Humaniter Internasional. Jurnal Komunitas Yustisia, 3(3), 283-294.

GW, R. C., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Pertanggungjawaban Negara Peluncur Atas Kerugian Benda Antariksa Berdasarkan Liability Convention 1972 (Studi Kasus Jatuhnya Pecahan Roket Falcon 9 Di Sumenep). Jurnal Komunitas Yustisia, 4(1), 96-106.

Setiawati, N., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Kepulauan Dalam Perspektif Hukum Internasional (Studi Kasus Sengketa Perebutan Pulau Dokdo antara Jepang-Korea Selatan). Jurnal Komunitas Yustisia, 2(2), 241-250.

Utama, I. G. A. A., Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Yurisdiksi International Criminal Court (ICC) Dalam Penyelesaian Kasus Rohingnya Dalam Perspektif Hukum Internasional. Jurnal Komunitas Yustisia, 3(3), 208-219.

Widayanti, I. G. A. S., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penggunaan Tentara Anak Dalam Konflik Bersenjata Ditinjau Dari Perspektif Hukum Humaniter Internasional (Studi Kasus: Konflik Bersenjata di Sri Lanka). Jurnal Komunitas Yustisia, 2(2), 124-133.

Wiratmaja, I. G. N. A., Mangku, D. G. S., & Yuliartini, N. P. R. (2020). Penyelesaian Sengketa Maritime Boundary Delimitation Di Laut Karibia Dan Samudera Pasifik Antara Costa Rica Dan Nicaragua Melalui Mahkamah Internasional. Jurnal Komunitas Yustisia, 2(1), 60-69.

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Mangku, D. G. S. (2013). Kasus Pelanggaran Ham Etnis Rohingya: Dalam Perspektif ASEAN. Media Komunikasi FIS, 12(2).

Mangku, D. G. S. (2010). Pelanggaran terhadap Hak Kekebalan Diplomatik (Studi Kasus Penyadapan Kedutaan Besar Republik Indonesia (KBRI) di Yangon Myanmar berdasarkan Konvensi Wina 1961). Perspektif, 15(3).

Purwanto, H., & Mangku, D. G. (2016). Legal Instrument of the Republic of Indonesia on Border Management Using the Perspective of Archipelagic State. International Journal of Business, Economics and Law, 11(4).

Itasari, E. R., & Mangku, D. G. S. (2020). Elaborasi Urgensi Dan Konsekuensi Atas Kebijakan Asean Dalam Memelihara Stabilitas Kawasan Di Laut Cina Selatan Secara Kolektif. Harmony, 5(2), 143-154.

Malik, F., Abduladjid, S., Mangku, D. G. S., Yuliartini, N. P. R., Wirawan, I. G. M. A. S., & Mahendra, P. R. A. (2021). Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia. International Journal of Criminology and Sociology, 10, 538-547.

Mangku, D. G. S. (2017). Penerapan Prinsip Persona Non Grata (Hubungan Diplomatik Antara Malaysia dan Korea Utara). Jurnal Advokasi, 7(2), 135-148.

Mangku, D. G. S. (2017). Peran Border Liasion Committee (BLC) Dalam Pengelolaan Perbatasan Antara Indonesia dan Timor Leste. Perspektif, 22(2), 99-114.

Mangku, D. G. S. (2017). The Efforts of Republica Democratica de Timor-Leste (Timor Leste) to be a member of Association of Southeast Asian Nations (ASEAN) and take an active role in maintaining and creating the stability of security in Southeast Asia. Southeast Asia Journal of Contemporary Business, Economics and Law, 13(4), 18-24.

Mangku, D. G. S. (2018). Kepemilikan Wilayah Enclave Oecussi Berdasarkan Prinsip Uti Possidetis Juris. Jurnal Advokasi, 8(2), 150-164.

Mangku, D. G. S. (2018). Legal Implementation On Land Border Management Between Indonesia And Papua New Guinea According to Stephen B. Jones Theory. Veteran Law Review, 1(1), 72-86.

Mangku, D. G. S. (2020). Implementation Of Technical Sub Committee Border Demarcation And Regulation (TSC-BDR) Agreement Between Indonesia-Timor Leste In The Resolution Of The Land Border Dispute. Jurnal IUS Kajian Hukum dan Keadilan, 8(3), 405-419.

Mangku, D. G. S. (2020). Penyelesaian Sengketa Perbatasan Darat di Segmen Bidjael Sunan–Oben antara Indonesia dan Timor Leste. Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan, 5(2), 252-260.

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Mangku, D. G. S. (2021). Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar. Perspektif Hukum, 21(1), 1-15.

Mangku, D. G. S., & Itasari, E. R. (2015). Travel Warning in International Law Perspective. International Journal of Business, Economics and Law, 6(4).

Mangku, D. G. S., & Yuliartini, N. P. R. (2021). Fulfillment of Labor Rights for Persons with Disabilities in Indonesia. International Journal of Criminology and Sociology, 10, 272-280.

Mangku, D. G. S., Triatmodjo, M., & Purwanto, H. (2018). Pengelolaan Perbatasan Darat Antara Indonesia Dan Timor Leste Di Wilayah Enclave Oecussi (Doctoral dissertation, Universitas Gadjah Mada).

Mangku, D. G. S., Yuliartini, N. P. R., Suastika, I. N., & Wirawan, I. G. M. A. S. (2021). The Personal Data Protection of Internet Users in Indonesia. Journal of Southwest Jiaotong University, 56(1).

Purwendah, E. K., & Mangku, D. G. S. (2018). The Implementation Of Agreement On Transboundary Haze Pollution In The Southeast Asia Region For Asean Member Countries. International Journal of Business, Economics and Law, 17(4).

Purwendah, E., Mangku, D., & Periani, A. (2019, May). Dispute Settlements of Oil Spills in the Sea Towards Sea Environment Pollution. In First International Conference on Progressive Civil Society (ICONPROCS 2019). Atlantis Press.

Yuliartini, N. P. R., & Mangku, D. G. S. (2019). Tindakan Genosida terhadap Etnis Rohingya dalam Perspektif Hukum Pidana Internasional. Majalah Ilmiah Cakrawala Hukum, 21(1), 41-49.

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Mangku, D.G.S. (2020) Penyelesaian Sengketa Pulau Batu Puteh Di Selat Johor Antara Singapura Dengan Malaysia Dalam Perspektif Hukum Internasional