Islam, Muhammad Saiful
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Optimizing International Legal Compliance in Addressing the Rohingya Refugee Crisis in Indonesia Arief, Eva; Islam, Muhammad Saiful
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5061

Abstract

This study aims to analyze and investigate Indonesia's response to the Rohingya refugee crisis and examine its compliance with international law in addressing complex humanitarian challenges while tracing the history of Rohingya refugees in Indonesia since 2017. The research focuses on recent developments, including the surge in refugee arrivals and increasing tensions between newcomers and local residents. This study employs normative juridical research emphasizing a case study approach, utilizing secondary data analyzed qualitatively and presented using descriptive qualitative analysis techniques. The results indicate that Indonesia has principally committed to international law concerning refugees through concrete actions, diplomacy, and dialogue. However, the handling of Rohingya refugees in Indonesia, as regulated by PERPRES 125/2016, does not fully align with international legal principles, particularly the non-refoulement principle of the 1951 Convention. Refugees are considered illegal immigrants with temporary accommodation ending in relocation or repatriation. Further efforts are needed to ensure treatment aligns with human rights norms and provides adequate protection, including the right to employment, which is challenging due to the scarcity of job opportunities for Indonesian citizens themselves.
In-depth Review: Legal review on human rights enforcement in the ASEAN and EU context Pratiwi, L. yes Esty; Saputro, Triyono Adi; Rahman , Kholilul; Arifin, Samsul; Islam, Muhammad Saiful
Journal of Law, Environmental and Justice Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i3.16

Abstract

ASEAN is one of the regional organizations without an inter-governmental regional human rights machinery. In addition, ASEAN must respond to the new phenomenon that human rights are no longer merely a problem within a country, but have become a problem between countries. On this basis the author carries out a legal comparison, because one of the points stated in the objectives in The ASEAN Charter, namely: respecting fundamental freedoms, promotion and protection of human rights, and promotion of social justice, as well as the establishment of an ASEAN human rights body, as a step to guarantee more concrete human rights certainty in ASEAN. The method used in this research is legal research with a common-core method approach which in general is the application of the functional method which is expanded by using the law in context method. The aim of this research is to unify the mechanisms for law enforcement and protection of human rights in ASEAN which are related to the authority of regional human rights institutions in deciding cases of violations of human rights so that they are in accordance with the objectives contained in the ASEAN Charter.
Pengaruh Opini Publik di Media Sosial terhadap Independensi Hakim dalam Memutus Suatu Perkara (Perspektif Rule of Law dan Rule of Ethics) Rahman, Kholilur; Suryoutomo, Markus; Islam, Muhammad Saiful
Jurnal JURISTIC Vol 6, No 02 (2025): Jurnal JURISTIC
Publisher : PSHPM Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jrs.v6i02.6499

Abstract

The current digital era, the use of social media has proliferated, where many people use social media such as Facebook, Instagram, Twitter, or other media to express their opinions. Moreover, as stated in Article 28 E of the 1945 Constitution, freedom of expression has been guaranteed by law that everyone has the freedom to associate, assemble, and express opinions. This study will discuss the impact of public opinion through social media on the integrity of judges in making decisions (in the perspective of the rule of law and the rule of ethics). Because, in principle, judges must, of course, be based on relevant facts and legal rules that are used as a juridical basis in making decisions. Not being swept away in public opinion and/or not being influenced by issues that develop on social media because unfair decisions will have an impact on the judiciary and the people who are affected by the decision. So, in this case, the profession of judges is tied to the rule of law and the rule of ethics, which basically aims to maintain the dignity of judges and the nobility of the profession of judges. The research method used is normative, using statutory, conceptual, and case study approaches.