SUKSESI NEGARA BERDASARKAN HUKUM INTERNASIONAL (Studi Terhadap Bubarnya Negara Uni Soviet Tahun 1991)

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TitleSUKSESI NEGARA BERDASARKAN HUKUM INTERNASIONAL (Studi Terhadap Bubarnya Negara Uni Soviet Tahun 1991)
Publication TypeThesis
Year of Publication2012
AdvisorDr. Ade Maman S, S.H., MS, Aryuni Yuliantiningsih, S.H., MH
Academic DepartmentFakultas Hukum
UniversityUniversitas Jenderal Soedirman

State is as the main and first subject of international law. State is not static
but dynamic, it means that State can develop according to the level of culture that it
has. However, not all countries in the world can keep their existence , some countries
in the world even loss of some or all of their territory. The disappearance of the State
has a relation with the succession of rights and obligations from the State before to
the successor State. This is called a State succession. The Soviet Union is one
example of a State succession. The Soviet Union formed in December 30, 1922 and
ended December 24, 1991. The end of Soviet Union caused by the idea of Mikhail
Gorbachev to have renewal and restructuring called Perestroika and Glasnot.
The research is aimed to find out granting the arrangement of the succession
of States under international law and to determine the legal consequences of State
succession to the Soviet Union against the rights and obligations of the State. The
method of research used is the normative juridical methods with the conceptual and
legislation approaches. The results presented in the systematic description and
qualititive analyzed with inductive logic and general conclusion.
State succession is arranged by Vienna Convention on Succession of States in
the Relation with International Agreements 1978 and Vienna Convention on
Succession of States in Relation to the Property, Archives and the State Debt 1983. In
addition, if not provided in the both of that convention, it can through customary
international law. The Succession of States of the Soviet Union led to the Soviet
Union disappeared and the Republic is divided into 15 countries. As a result of Soviet
succession to property and archives handed over to Russia as the successor of the
largest State in Soviet Union. Regarding the Soviet Union's national debt is
guaranteed by the Russian with transfer of State successor’s property under the
billateral agreement between both of that successor State.