PANDANGAN HUKUM INTERNASIONAL DAN HUKUM ISLAM TERHADAP KASUS SENJATA NUKLIR DI KOREA UTARA

MAHADHIR MUHAMMAD, NIM : 1620310128 (2019) PANDANGAN HUKUM INTERNASIONAL DAN HUKUM ISLAM TERHADAP KASUS SENJATA NUKLIR DI KOREA UTARA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

North Korea is a country located on East Asia. With is strong Comunism Ideology and nuclear weapons, North Korea became a nation with manystrong nuclear researchs.. This later motivates IAEA (International Atomic Energi Agency) to supervise North Korea which made a lot of activities related to its nuclear development. According to NPT (Non Poliferation Treaty), only five states that have lincense to own nuclear weapon, which are USA, The Great Britain, Russia, France, and China. This activity is against UN Charter for world place. Through Security Chouncil, UN takes an action by giving penalty in form of resolution for North Korea as an effort to decrease every kind of activity related to nuclear. As that problem appeared, the writer will investigate about the view of International law and Islamic law in the problem of nuclear weapon in North Korea. This study is a library research with juridicial-dogmatic approach, for the focus of this study is Chapter VII of UN Charter about Action with Respect to Threats to the Peace, Breaches ot the Peace, an Act of Aggresion. This study is a descriptive analytic study and data will be collected with literary technique. This research found out that the action taken by The Security Council of UN in handling North Korea’s nuclear, as reffered on Chapter VII is acceptable and based on the international law, which are Article 39 and 41; where through the advice from IAEA related to North North Korea’s nuclear weapon trials is punished with resolution. If the nuclear weapon trials done by North Korea only for protecting the tranquility and the sovereignty of the nation, this action is legit in Article 51 of international law which explains about the right to protect themself from other states’ threats. On other hand, based on the decision making this decisions is found unfair. For instance, on Iraq’s case while US are prohibited by UN to attack Palestine, USA doesn’t obey the command and sent the attack regardless and yet, there is no penalty from UN for USA. Furthermore, North Korea’s nuclear case could be addressed as an initiation from USA through UN with giving a veto thus North Korea will get a penalty. Definitely, UN’s transparency and justice will be questioned with this decision. The Security Council of UN brings about the peaceful intervention through peacemaking, but couldn’t be done becaause of deadlock. Furthemore, there is a peacekeeping effort through reconciliation in Six Party Talks. From peacebuilding sid, the intervention is difficult to reach because of the uncooperative situation. In Islamic law itself, the use of nuclear weapons is extremely forbidden and prohibited.

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