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p-Index From 2020 - 2025
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All Journal Padjadjaran Journal of International Law Warkat
Ikaningtyas
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Humanities Law, Crime, Criminology & Criminal Justice

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How Could Deportation become Illegal Deportation? (The Case of Deportation of Myanmar Nationals by Malaysia) Susanto, Fransiska A.; Majid, Yasniar Rachmawati; Ikaningtyas; Nursasmita, M. Akbar
Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v7i2.1370

Abstract

February 2022; Malaysia deported more than 1000 undocumented migrants from Myanmar back to Myanmar, even though a coup d’état had already occurred in Myanmar. This paper will explore the nexus between coup d’état and well-founded fear of persecution and assess the decision by Malaysia to deport Myanmar immigrants back to Myanmar with the nonrefoulement principle. This paper's findings showed a clear nexus between a coup d’état and well-founded fear of persecution to some extent; the nexus appears when the Coup creates uncertainty in citizen's live and people in a dangerous situation. Consequently, the deportation decision by Malaysia violated the non-refoulment principle, and the deportation became illegal. This paper utilized the normative method to analyze the research problem.
Application of the Principle of Nationality in the Ownership of Flat Units by Foreigners Yunas, Sarah Safira; Koeswahyono , Imam; Masykur, M. Hamidi; Ikaningtyas
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The regulation of space ownership, particularly for foreigners owning apartment units in Indonesia, lacks clear substance in Law No. 6 of 2023 (Omnibus Law) and its derivatives. This is due to the principle of Nationality, which is the main principle in acquiring property rights based on the Agrarian Law Policy. Although foreigners’ property ownership rights are limited, this raises conflicts as stated in Article 9 paragraph (1) of the Agrarian Law. This research employs normative juridical method with statute and conceptual approaches to address these issues. The analysis of legal materials and regulations found that the Agrarian Law asserts that foreigners can only obtain the Right to Use land. However, the Agrarian Law lacks dynamism when applied to space ownership rights. Ministry of Land Regulation No. 29 of 2016 offers a solution by limiting foreigners’ ownership of apartment units to the Right to Use Apartment Units (RIGHT TO USE A FLAT UNIT). This process differs from that for Indonesian citizens, which is based on the principle of Nationality. After this regulation was repealed, the Omnibus Law (OMNIBUS LAW) and its derivatives failed to provide concrete legal certainty and overlooked the principle of Nationality. Omnibus Law disregards the principle of Nationality and conflicts with the Agrarian Law and the Apartment Law (UU Rusun) as foundational regulations (lex specialis derogate legi generali).
Co-Authors Koeswahyono , Imam M. Hamidi Masykur, M. Hamidi Majid, Yasniar Rachmawati Nursasmita, M. Akbar Susanto, Fransiska A. Yunas, Sarah Safira