Electronic Theses and Dissertation

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ABSTRACT RISWANA PRATIWI, 2022 Lena Farsia, S.H., M. H., LL.M. Brunei Darussalam announced the establishment of a dual legal system on April 2014 based on national and sharia law called the Syari’ah Penal Code Order, which has stoning punishment in Syari'ah law. This issue has prompted international community criticism, particularly from the UN. The UN Human Rights head office has denounced the death penalty Law for homosexual causes as cruel and inhumane, marking a serious setback in the protection of human rights. An international embargo was also imposed by a few countries on Brunei to canceled the establishment of the Syari’ah penal Code. Then, Brunei argued as a sovereign state that the UN condemnation violated the non-intervention principle. This study aimed to determine precisely in what element UN can intervene in the problems of another countries and also to find out whether the principle of non-intervention in paragraph 2 (7) in the UN Charter has been violated by the condemnation of United Nations. This research is in the form of normative legal research, which sets out the exposition systematically by looking at the literature and examining deeper the applicable rules or resolutions that arise related to non-intervention rules. The results showed there are three elements an UN can intervene in the problem of another country. First, those between UN and states their members or not, or other organizations, arising from conventional relationships or under general international law. Second, Those between UN and their employees, arising from the employment relationship. Third, those between UN and private parties or states or other organizations under relationships governed primarily by national law and within the national or transnational system of law. The juridical personality possessed by the UN in condemning Brunei’s cases proves that UN does not violate the principle of non-intervention as stated in paragraph 2(7) of the UN Charter by its legal authority to reprimand its members. The UN should enforce the Charter provision on sustainability, by making clear the boundary elements, such as the additional protocol on Non-intervention activities. More concerned with increasing the capability for preparing for a recurrence incident in terms of Non-intervention activities by reducing attention to the domestic affairs of other countries. However there are a lot of international problem that are more sudden and need to be resolved.