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Protection of People Living Conflict A Case Study in Yemen Gunawan, Yordan; Nur, Aisah; Qisty, Fauziah Nauri; Arumbinang, Mohammad Hazyar
Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.48390

The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.

Problems and Dilemmas: ASEAN Commitments in Disaster Management Arumbinang, Mohammad Hazyar
Indonesian Comparative Law Review Vol 4, No 1 (2021)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i1.13219

This research aims to elaborate the problems and dilemmas of disaster management and emergency response of ASEAN. This paper has adopted normative qualitative legal research with statutory approaches. The data will be analysed by using descriptive-analytical analysis. The research found that there are some major problems that faced by ASEAN members in working collectively on the disaster management and emergency response, such as non-intervention principles and sovereignty principles. The Southeast Asian region is remarkably vulnerable to natural and man-made disasters which repeatedly cause devastations to both human lives and properties. The experience has shown that local government and holders with their capacity have proved their ability to handle small and medium scale emergency response, but for some circumstance the host state sometimes cannot deal with this issue. Due to that issue Association of Southeast Asian Nations (ASEAN) as the regional organization in Southeast Asia playing an importance role to building a well-prepared disaster management through join collaboration among ASEAN member by reason of humanity.

The Children Right Violation in the Conflict of Sudan: Government Negligence Gunawan, Yordan; Fernando, Danu; Wardani, Rahmawati Mayta; Arumbinang, Mohammad Hazyar
Sociological Jurisprudence Journal Vol. 7 No. 1 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.1.2024.67-74

The conflict caused by the government's negligence in handling political issues that have an impact on the welfare of children's rights that should be obtained, research uses a normative approach method. By using the regulation of children's rights in the Convention on the Rights of the Child which is a universal principle and legal norm regarding the position of children and international human rights treaties, the purpose of research is to find out the causes of the loss of children's human rights caused by government negligence and how the implementation of international law and the contribution of UNICEF (United Nations International Children's Emergency Fund) in protecting children's rights, the Convention on the Rights of the Child is recognized as the most advanced human rights treaty, The Convention on the Rights of the Child is recognized as the most advanced human rights treaty agreed upon by states, the contribution of international humanitarian agencies that work with other international agencies to reduce or eliminate violence against children and provide special treatment for children who have mental disorders because see what children should not see, as an international organization UNICEF not only oversees and prevents the welfare of children but also determines the prospects for a decent and humane life for minors.

Foreign Fighters in the Ukrainian Armed Conflict: An International Humanitarian Law Perspective Gunawan, Yordan; Ghiyats Amri Wibowo; Arumbinang, Mohammad Hazyar
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i2.9315

This study discusses foreign fighters who take part in the Ukrainian armed conflict. The aim of this study is to know about the history of the armed conflict of Ukraine, study the relevance of International Humanitarian Law to foreign fighters, and study the implementation of Human Rights obtained by foreign fighters based on International Humanitarian Law. The used is juridical-normative legal research or also called document research with secondary data as the main source. Researchers conduct legislative studies to see synchronization between legislation. Data were collected using literature review techniques, such as perusing, analyzing, and drawing conclusions from relevant documents. The results of this study conclude, first, the history of the Ukrainian armed conflict starting from the independence of Ukraine and culminating in the Russian special military operation that occurred on February 24, 2022. Second, the relevance of international humanitarian law to foreign fighters has no specific definition describing foreign fighters and only foreign terrorist fighters. Third, the implementation of human rights against foreign fighters is an inviolable or inalienable human right. However, in its implementation there are still many violations that occur in the armed conflict of Ukraine. Several methods are needed to overcome this problem, namely, the need to increase understanding and awareness regarding IHL and human rights, especially for foreign fighters, to all parties and, make policy recommendations regarding clarity of understanding for foreign fighters, which can then be used as a guide for policymakers and practitioners to increase the certainty of humanitarian protection for foreign fighters.

ICJ Jurisdiction Over the Case of Policy to Stop Nickel Exports: European Union v. Indonesia Gunawan, Yordan; Amirullah, Muhammad Nur Rifqi; Arumbinang, Mohammad Hazyar
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.1-22

The purpose of this paper is to explore the jurisdiction of the International Court of Justice (ICJ) regarding the European Union's legal action against Indonesia in response to Indonesia's policy to halt the export of raw materials derived from nickel ore. The research methodology employed for this paper is normative legal research, relying primarily on legal materials that encompass normative law for data collection. The outcome of this study indicates that Indonesia has implemented a measure to cease the export of raw materials derived from nickel ore, leading to the domestic downstream management of mineral resources within the country. In addition, the purpose of the export stop is the strong desire of the Indonesian government so that all raw materials are managed domestically and can invite investors from abroad to invest in Indonesia. However, the European Union (EU), as one of the enthusiasts and consumers of nickel ore raw materials, objected to the policy issued by Indonesia. The form of objection from the EU is to sue Indonesia to the WTO. The EU objected to the policies issued by the Indonesian government because they could interfere with various policies taken by the EU. The policy is expected that in 2050 the EU will be free from CO2 emissions. Furthermore, the EU argues that the cost of nickel ore, once domestically managed, is anticipated to undergo a significant increase, surpassing the prevailing market price. The author scrutinizes the jurisdictional aspects regulated by the International Court of Justice (ICJ) within this context

International Law in the Sudanese War 2023: An Overview of the Conflict and Law Enforcement Gunawan, Yordan; Putra, Muh Raqi Pratama; Khairi, Muh Faqih Al; Arumbinang, Mohammad Hazyar
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p108-124

In early 2023, Sudan faced significant turmoil primarily driven by a civil war involving prominent military factions. The conflict stemmed from a power struggle and ideological differences between General Abdel Fattah Al Burhan, who assumed leadership of the armed forces and presidency, and his deputy, General Mohamed Hamdan Dagalo, who also heads the Paramilitary Rapid Support Force (RSF). This research aims to analyze the Sudanese conflict's impact on the population and the role of international law in addressing violations during the crisis. The war has exacted a heavy toll on Sudanese civilians, resulting in substantial loss of life and exacerbating humanitarian crises across the country. International law emerges as a crucial avenue for holding accountable those responsible for violations, encompassing both military and civilian populations. Employing sociolegal juridical methods, this study examines existing data pertaining to the Sudanese conflict and scrutinizes how international organizations enforce legal standards within this context. By leveraging international legal frameworks, this research advocates for applying legal sanctions to address violations committed by the Sudanese government and associated military factions. This approach seeks to provide legal recourse and justice for affected civilians while highlighting the imperative of international law in fostering accountability and peace amid ongoing conflict.

Prohibition of Child Recruitment as Soldiers: An International Regulatory Discourse Arumbinang, Mohammad Hazyar; Gunawan, Yordan; Salim, Andi Agus
Jurnal Media Hukum Vol 30, No 1: June 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i1.19322

Children are frequently turned into child soldiers or used as human shields in armed conflicts. The use of child soldiers is condemned by all nations and is regarded as a grave breach of both children's rights and international humanitarian law. The paper aims to discuss pertinent provisions of international legal norms, particularly those that relate to child soldiers in the sequence of their adoption. Additionally, it presents the issue of the implementation of several international conventions on the issue of using child soldiers and its atrocities in the international community. As the result, when it comes to addressing the issue of child soldiers, the international legal sources do not present a consistent picture. There has been a various provision in the determination of minimum age of a child that led to major debates among international communities. The situation is further exacerbated by the fact that, while some countries have accepted the convention as binding on themselves, their implementation faces significant challenges, such as the fact that the majority of international treaties lack sanctioning power, limiting their ability to properly accomplish the preventive purpose.

The Responsibility of Transboundary Haze Pollution: The Case of Wildfire in Canada Gunawan, Yordan; Hafsari, Dhayu Ajeng; Khasanah, Pentanita Uswatun; Arumbinang, Mohammad Hazyar
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.6

Responsibility for losses other countries suffer due to haze pollution is a serious issue. Transboundary haze pollution responsibility is related to the impact of smog pollution in one country and negatively impacts other countries in the vicinity. A country should take responsibility for forest fires out of respect for the country and its citizens. One example is the forest fires in Canada that spread smoke to neighbouring countries. This involves cooperation between countries to reduce the risk of transboundary haze pollution. This article used qualitative descriptive research methods. Qualitative descriptive research methods seek to answer the "what," "how," or "why" questions related to the phenomenon under study. The aim is to understand the research subject deeply and not generalise the results to the wider population. This research article concludes the principle of state responsibility, which essentially contains the obligation of states that have an impact on other countries to make reparation to the aggrieved country and restore the condition of the concerned country. In Canada, there were frequent forest fires in previous years, causing haze that spread to various countries. By understanding the consequences of forest fires and haze spread, Indonesia should enhance its prevention and management strategies by adopting approaches from Canada's forest fire management. The Trail Smelter case serves as a benchmark for addressing haze pollution, and Canada's experience offers valuable lessons for Indonesia, which also faces similar wildfire risks.

Russian-Ukrainian Conflict: International Humanitarian Law and Civilian Settlements Gunawan, Yordan; Gultom, Qinnara Zegia; Amarulia, Shafirah; Arumbinang, Mohammad Hazyar
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.253

The research analyzes the views of the International Humanitarian Law (IHL) and UN Charter violations in the case of the invasion of civilian settlements in the Russia-Ukraine conflict for justice. The conflict, which took place on February 24, 2022, has raised serious concerns about violations of the UN Charter and IHL and the protection of civilians. This research collected data and information from various primary and secondary sources, including reports of international organizations, legal documents, and journal analysis. A qualitative approach was used to analyze the impact of the invasion of civilian settlements on IHL in the case of the Russia and Ukraine case. The results show that the view of IHL in the context of the invasion of civilian settlements in the Russia-Ukraine case has caused great harm to civilians, ranging from damage to homes, infrastructure, and public facilities, including casualties. It also appears that Russia has ignored the guiding principles of the UN Charter. To overcome this problem, several steps can be taken. First, there is a need to increase understanding and awareness of IHL among all parties involved in the conflict. Second, increase efforts to maintain brotherhood between nations. Third, working together to assist in humanitarian terms in the event of armed conflict, famine, and starvation. The resulting policy implications and recommendations can be used as a guide for policymakers and practitioners to improve the humanitarian protection of civilians in the future.

The 3-in-1 Policy Model for Strengthening Urban Food Security: An Integrated Approach Alan, Muhammad Fikri; Maulami, M. Ijaz Alfan; Arumbinang, Mohammad Hazyar
Fenomena Vol 24 No 1 (2025): FENOMENA: Journal of the Social Sciences
Publisher : LP2M UIN KH.Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fenomena.v24i1.200

Kediri City has experienced a massive increase in agricultural land conversion. Agricultural land conversion remains a severe problem in agrarian development locally and nationally. If existing agricultural land is continuously evicted and converted, the country's ability to produce food will continue to decline. Food security will also be increasingly difficult to achieve. According to previous research, farmer poverty is the leading cause of agricultural land conversion. This study recommends ideas on how agricultural land conversion does not continue to occur. The idea is in the form of an integrative 3 in 1 policy, which includes aspects of farmer empowerment, re-arrangement of extensification, and changes in conversion regulations. All three will be manifested in one sustainable agricultural policy. This research is empirical legal research with a sociological approach. It collected qualitative data from farmers in Kediri City and compared it with existing theories, laws, and regulations. The study shows that farmers still feel they have not received optimal empowerment. Farmers tend to convert land because farming no longer brings prosperity. High fertilizer prices, expensive labour costs, and uncertain harvest prices are various inhibiting factors. Thus, the 3 in 1 Policy could be an alternative to solve this problem. Kota Kediri mengalami peningkatan alih fungsi lahan pertanian yang begitu masif. Alih fungsi lahan pertanian masih menjadi persoalan yang sangat serius dalam pengembangan pertanian, baik lokal maupun nasional. Apabila setiap jumlah tanah pertanian yang ada itu terus menerus digusur dan dialihfungsikan, maka kemampuan negara untuk memproduksi pangan tentu juga akan terus menurun. Ketahanan pangan juga akan semakin sulit untuk tercapai. Dari penelitian terdahulu yang dilakukan, kemiskinan petani menjadi penyebab utama terjadinya alih fungsi lahan pertanian. Penelitian ini akan merekomendasikan gagasan tentang bagaimana alih fungsi lahan pertanian itu tidak terus menerus terjadi. Gagasan ini berwujud kebijakan integratif 3 in 1 policy. Gagasan ini meliputi aspek pemberdayaan petani, pengaturan ulang tentang ekstensifikasi, serta perubahan regulasi alih fungsi. Ketiganya akan berwujud dalam satu kebijakan pertanian yang berkelanjutan. Penelitian ini adalah penelitian yuridis empiris, dengan metode pendekatan sosiologis. Hasil penelitian menunjukkan, petani masih merasa belum mendapatkan pemberdayaan yang optimal. Petani cenderung mengalihfungsikan tanah, karena bertani tidak lagi mendatangkan kesejahteraan. Berbagai faktor penghambat yang terjadi adalah mahalnya harga pupuk, biaya pekerja yang makin mahal, serta harga hasil panen yang tidak menentu. Maka, gagasan 3 in 1 Policy bisa menjadi salah satu alternatif untuk menyelesaikan persoalan ini.

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