PENGGABUNGAN WILAYAH CRIMEA MENJADI BAGIAN NEGARA RUSIA DITINJAU DARI TATA CARA PEROLEHAN WILAYAH NEGARA BERDASARKAN HUKUM INTERNASIONAL

MATULESSY, FRANSISCA DEVEGA (2014) PENGGABUNGAN WILAYAH CRIMEA MENJADI BAGIAN NEGARA RUSIA DITINJAU DARI TATA CARA PEROLEHAN WILAYAH NEGARA BERDASARKAN HUKUM INTERNASIONAL. Jurnal Ilmu Hukum. p1-19.

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Abstract

This legal writing entitled “The Combination of Crimean Territory into the Part of Russia in terms of Procedures for the Acquisition of Territory according to International Law”. The problem starts from internal political crisis which happened in Ukraine. That internal political crisis was triggered by the rejection signing the Stabilization and Association Agreement between Ukraine and Europe Union, conducted by the President of Ukraine on that moment, Victor Yanukovich. As the result, the parliament of Ukraine proposed a distrust mossion toward V. Yanukovich’s leadership and protest action sponsored by radical-extremists, nationalists, neo-fascist arised in order to overthrow V. Yanukovich regime. After that overthrowing regime inconstitutionally, the new reign made a rule which was discredit the ethnic minorities in Ukraine. Russian ethnic who are minor but in some regions especially in the east and south part of Ukraine, felt threatened by those rules. As the solution, one of the south Ukraine territory which is Crimea, conduct a referendum in order to self determination, whether to remain unite with Ukraine’s territorial sovereignty or break away from Ukraine and combine with Russia. The referendum which was held on March 16, 2014 with the result 96,77% Crimean people choose to combine with Russia, has created pros and cons. On pro side, Crimean people has the right of self determination and that right has been assured in Article 1 part (2) of the United Nations Charter and Article 1 part (1) of the International Covenant on Civil and Political Rights and International Covenant on Economic, Social, and Cultural Rights. On contra side, the referendum implementation has no license from Ukrainian government and it is also persuaded by the Russian intervention in Crimea’s territory. In this case, the researcher would like to review and analyze whether the combination of Crimean territory into the part of Russia in terms of procedures for the acquisition of territory is legitimate or not according to International Law. Based on literatures and interview, the researcher found the fact that the referendum implementation is pure the Crimean people’s will and it has been approved by Crimean Parliament granted autonomy by the Ukrainian government to carry out the administration in Crimea. Besides that, the referendum implementation has also been monitored by international organizations. Therefore, the combination of Crimean territory into the part of Russia in terms of procedures for the acquisition of territory is legitimate and it has fulfiled the procedure stated in International Law.

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