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All Journal Hasanuddin Law Review SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Student Journal of International Law
Farsia, Lena
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE INCONSISTENCY OF ICSID AWARDS OVER ARGENTINA CASES Aiyub Kadir, M. Ya'kub; Farsia, Lena
Hasanuddin Law Review VOLUME 6 ISSUE 1, APRIL 2020
Publisher : Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (687.944 KB) | DOI: 10.20956/halrev.v6i1.1844

Abstract

This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001.  Utilising a doctrinal methodology under Third World Approach to International Law (TWAIL) paradigm, this paper explores the argument set out in Argentina case in the first trial and its appeals, then makes an effort to find out the better and systematic argument for Argentina. Therefore, this paper contributes to factually understanding the different argument from two perspectives in ICSID proceedings which has been contested and herewith proposed a better formulated argument for the future of ICSID awards making by placing economic development in Third World States as a basis of argument. Hence this argument can be used for the similar cases in the ICSID in future.
THE ROLE OF INTERNATIONAL MONETARY FUND (IMF) IN ECONOMIC RECOVERY DURING ECONOMIC CRISIS OF INDONESIA Farsia, Lena
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i1.18074

Abstract

The International Monetary Fund (IMF) has a primary role in providing financial support to countries facing financial crises, such as the 1998 world financial crisis. The situation has brought an enormous impact on developing countries, particularly Indonesia. This paper explores the role of The IMF and maps out the problems related to the financial crisis and its impact on Indonesian political reforms. It will be done by compiling the milestones in chronological order from 1997 until 2017. It also aims to examine the lending policies of the International Monetary Fund, which brings a country like Indonesia becomes addicted and difficult to survive or improve in its economic development. There will be an understanding of how the actual process happens. It can be used as an instrument to assess whether the existence and role of the IMF in Indonesia have a better or harmful impact on the long-term economic development of Indonesia. Keywords: The International Monetary Fund (IMF), Economic Development, Financial Crisis
The Legal Vacuum on Access to Higher Education for Refugees in Indonesia: Islamic Claim for Aceh Responsibility Aiyub Kadir, M. Yakub; Rivaldi, Aditya; Farsia, Lena; Bantasyam, Saifuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.15454

Abstract

This article investigates the prospect of granting refugee students the opportunity to enroll in higher education in Indonesia, particularly Aceh. Due to the vacuum of law on the rights for higher education for refugees. This article explores the possibility of religious claim on the rights for higher education for refugees. This study aims to prove that amidst the vacuum of law on the higher education rights for the refugee, Indonesia is still legally, socially, and religiously responsible in providing higher education access for refugees. Using doctrinal and quantitative legal research. This research demonstrated that Indonesia should be able to provide higher education for refugees by minimally but significantly changing the meaning of several of its higher education regulations. The responsibility bear by Indonesia is stipulated clearly in its constitutional preamble, as well as article 28(C)1 of Indonesia constitution. This report also confirmed that Aceh, with its past and present position, meets the requirement of an “Islamic Land,” and hence has a fundamental religious commitment to give refugees with the same rights as its inhabitants. This report also suggests technical collaboration or assimilation with the Global Education Convention system, as well as combining the Paket C and the UNESCO Qualifications Passport for Refugee systems to address any refugee's paperwork and qualification issues. This study contributes to the advocacy and support for significant humanitarian aid that Indonesia, particularly Aceh, may provide to refugees in order to help them prepare for a better future.
LEGAL PROTECTION OF CHILDREN AFFECTED BY INTERNATIONAL CHILD ABDUCTION: A COMPARATIVE ANALYSIS BETWEEN INDONESIA AND SINGAPORE Sarah, Cut; Farsia, Lena
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33735

Abstract

International child abduction remains a persistent issue in both Indonesia and Singapore. While Singapore has enacted specific regulations to address this matter through specific legislation, including the International Child Abduction Act 2010 (ICAA), Indonesia still lacks specific regulations explicitly governing international child abduction. This article analyzes the legal framework governing the protection of children affected by international child abduction, with a focus on relevant international legal instruments, and analyse a comparison of legal protections provided in Singapore and Indonesia. The study employs a normative legal research method, analysing primary legal material, such as international conventions and domestic laws, as well as secondary sources. A comparative approach highlights disparities between Indonesias and Singapores legal frameworks for addressing international child abduction. The finding shows that while the Hague Convention on the Civil Aspects of International Child Abduction 1980 (Hague Convention) and the Convention on the Rights of the Child (CRC) offer a robust framework, Singapore, through the ICAA, effectively enforces international standards. Conversely, Indonesia, such as Law No. 35 of 2014 and the Criminal Code, lacks a mechanism for cross-border resolution and often treats such cases as custody disputes. Countries should recognize and understand existing international instruments like the Hague Convention and CRC to establish clear mechanisms for addressing international child abduction. Indonesia should accede to the Hague Convention and integrate its provisions into its domestic laws, following Singapores structured approach to better address cross-border cases.
A Call For Respect: Analyzing Quran Burning, Human Rights, and The Islamic Law Perspective Kadir, M. Yakub Aiyub; Jannah, Dara Raihatul; Listriani, Sophia; Kurniasari, Eka; Farsia, Lena; Roesa, Nellyana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.5271

Abstract

The burning of the Quran, widely regarded as the holy book of Islam, has sparked significant outrage and debate across various European Union states, particularly in Sweden. This provocative act raises critical questions about the balance between individual freedom of expression and the respect for religious beliefs. The European Union, through its commitment to democratic principles, often upholds freedom of expression as a fundamental right. However, this raises the issue of whether such expressions can rightfully include acts that are deeply offensive to large segments of the population, particularly religious communities. This paper explores these tensions within the framework of the development of the international human rights system, providing a nuanced analysis of responses from Muslim scholars, organizations, and associated states. It also scrutinizes the impact of Western human rights paradigms on global practices, specifically in contexts such as Indonesia. This paper found a fundamental crisis of western based of human rights and the lack of sound argument from muslim world to contribute to this lacking.
LEGAL PROTECTION FOR VICTIMS OF EXTRAJUDICIAL KILLINGS AS GROSS HUMAN RIGHTS VIOLATIONS IN INDONESIA Ikhwani, Nurul; Farsia, Lena
Student Journal of International Law Vol 3, No 2: December 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i2.27645

Abstract

This article examines the concept of extrajudicial killings and the legal protection available for victims of such heinous acts as gross human rights violations in Indonesia. The study adopts a normative approach, utilizing a comprehensive review of library, secondary, and tertiary legal materials to gather relevant data. The findings reveal that extrajudicial killings manifest in various forms, including genocide, crimes against humanity, enforced disappearance, torture, political assassination, and the excessive use of force, all of which meet the criteria for murder as defined by Law No. 26 of 2000. However, the existing legal protection for victims of extrajudicial killings falls short in fully guaranteeing their rights. The practical implementation of compensation, restitution, and rehabilitation measures encounters significant obstacles. Despite some efforts to address this issue, eradicating extrajudicial killings in Indonesia remains an ongoing challenge. The government must undertake further actions to effectively combat this grave violation of human rights
IMPLEMENTATION OF THE RIGHT TO EDUCATION FOR CHILDREN WITH DISABILITIES IN BANDA ACEH, ACEH PROVINCE, INDONESIA Farissa, Farissa; Farsia, Lena
Student Journal of International Law Vol 3, No 2: December 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i2.27834

Abstract

This article examines the extent to which the Aceh government fulfils the right to education for children with disabilities and the challenges encountered in ensuring their access to education. The research methodology employed includes normative empirical approaches, incorporating both library and field research. The findings reveal that the government of Banda Aceh has demonstrated significant support for disabled children through the establishment of special schools, the implementation of regulations, provision of teacher training, allocation of education funds, and availability of autism therapy facilities. However, these schools remain insufficient in meeting the needs of disabled children. Additionally, in order to promote inclusivity, the Banda Aceh government should prioritize disability needs by focusing on equitable access to education, implementing anti-discrimination measures, enhancing educator training, increasing funding, and raising community awareness. Effective enforcement of regulations and extensive educational outreach emphasizing the importance of education for disabled children are crucial factors in this regard.
GOOD FAITH PRINCIPLE UNDER ARTICLE 7 OF CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (CISG) IN BONAVENTURE V. PAN AFRICAN EXPORT CASE Nindhy Utami, Lucya Agustine; Farsia, Lena
Student Journal of International Law Vol 2, No 2: December 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23667

Abstract

This paper aims to discover the effectiveness of the good faith principle when it is related to cases, in particular Bonaventure V. Pan African Export Case. Additionally this paper assess to whether each country have a similar comprehension of the importance and execution of the good faith principle in article 7 of CISG as a source in contract or agreement between parties. This paper utilised normative legal research which focusing to explore legal norm of the issue. The outcomes showed that good faith principle has been understood differently in different country. The implementation of the agreement that has been agreed upon by both parties can also change due to factors within the country that cannot be equated even though they have followed the good faith principle.
Co-Authors Aiyub Kadir, M. Ya'kub Aiyub Kadir, M. Yakub Bantasyam, Saifuddin EKA KURNIASARI Farissa, Farissa Ikhwani, Nurul Jannah, Dara Raihatul Kadir, M. Yakub Aiyub Listriani, Sophia Nellyana Roesa Nindhy Utami, Lucya Agustine Rivaldi, Aditya Sarah, Cut