LEGITIMASI PELAKSANAAN REFERENDUM RAKYAT KRIMEA SEBAGAI UPAYA MENENTUKAN NASIB SENDIRI MENURUT KETENTUAN HUKUM INTERNASIONAL

Abstract

The right to self-determination is one of the principles of international law that can be applied as a norm in various international agreements, notably on human rights law which state that all state or nation has the right to form political system and regulations by themselves which are free to develop economic, social and cultural rights using their own resources, but unfortunately the right to self-determination do not yet have the practical arrangements so that their use is often debated. The purpose of this research is to analyze the self-determination of the people of Crimea is in accordance with the rules of international law, the second to determine the legitimacy of the ballot by the citizens of Crimea which supports separation of Ukraine to join Russia, the third to know how the recognition of other countries on the outcome of the referendum of citizens Crimea. This case study discusses the principles of law and comparative law. Source of data used are primary and secondary data sources were obtained from literature. The conclusion from this study is self-determination are the principle embodied in international law, where such rights have been formulated in the UN Charter. The referendum conducted in Crimea produces option to secede from Ukraine and join Russia. The second, the implementation of the Crimean referendum is not in accordance with the principles of international law. Third, recognition in international law is a complex issue because it involves issues of law and politics, in the case of recognition of the Crimea it is reviewed by the declarative theory.