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All Journal Jurnal Media Hukum Jurnal IUS (Kajian Hukum dan Keadilan) SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Aiyub Kadir, M. Yakub
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Interplay of Human Trafficking and the Rohingya Refugee Crisis in Aceh Province, Indonesia: Exploring the Complexities of Criminality and Humanitarian Concerns Aiyub Kadir, M. Yakub; Rosmawati; Listriani, Sophia; Mail, Syed Muhammad Huzaif
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1355

Abstract

This article delves into the long-standing atrocities committed by the Myanmar government against the Rohingya people in Rakhine province, which have resulted in a significant influx of Rohingya refugees into various regions, including Aceh province, Indonesia. The article aims to investigate the nature of this crisis, particularly focusing on the modus operandi of human trafficking, through a doctrinal-empirical approach. This approach involves observations and interviews with stakeholders involved in the field. The article also highlights the conflicting perspectives surrounding humanitarian and trafficking issues, shedding light on the challenges faced. Despite the existence of Presidential Decree 125/2016, the management of refugee handling remains inconsistent, given the uncertain situation and half-hearted treatment. Consequently, this has led to the expansion of trafficking networks, victimizing both local individuals assisting refugees at sea and on land. Indonesian authorities have predominantly addressed trafficking under immigration law rather than from a humanitarian standpoint. This approach has had adverse effects, resulting in resistance and rejection of Rohingya refugees in Aceh province. Considering that trafficking has emerged as a downstream impact of the global refugee crisis, the perception of viewing trafficking in Rohingya solely as a crime should be questioned. Urgently, a new paradigm and legal regime for refugees in Indonesia are required to address these pressing issues.
Assessing Mutatis Mutandis’ Authorities of Sabang Free Trade and Free Port Zone within the Indonesian Law on Job Creation Zharfan, Ahmad; Aiyub Kadir, M. Yakub
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17380

Abstract

This paper discusses authorities of Sabang Free Trade and Free Port Zone(KPBPB) and its dilemma post the existence of the Law on Job Creation (UU-Cipta Kerja) and Constitutional Court decision, in terms of ‘Mutatis Mutandis’ in attracting investment.  There is conflict regulation after the government issued UU-Cipta Kerja, including facilities and conveniences in the form of entry and exit of goods, taxation, customs, excise and licence. The application of Online Single Submission(OSS) system has centralized the authority while KPBPB Sabang to become only a beneficiary. Hence the Application of ‘Mutatis Mutandis’ to   necessary changes for attracting Investment opportunities is required. This paper contributes to clarify the authority of KPBPB Sabang in terms of  strengthening  and repositioning the KPBPB within centralization notion of Job creation law.   
State Responsibility of Afghanistan Under Taliban Regime Aiyub Kadir, M. Yakub; Nurhaliza, Siti
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.v30i1.16020

Abstract

Serious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August   2021. This paper uses a normative methodology to investigate the discrepancy of legal argument in the international law of succession in terms of status of Taliban within the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) framework. This paper confirmed that the Taliban is the de facto government of Afghanistan as the Taliban have effective and integrated control over a state territory and there is no competing entity with a solid constitutional claim. Therefore, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to school and curriculum.  However, the current framework of CEDAW, including the CEDAW committee has not be able to cope with such issues, as it should be reformed in the next future.
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.
Assessing Mutatis Mutandis’ Authorities of Sabang Free Trade and Free Port Zone within the Indonesian Law on Job Creation Zharfan, Ahmad; Aiyub Kadir, M. Yakub
Media Syari'ah Vol 25 No 2 (2023)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17380

Abstract

This paper discusses authorities of Sabang Free Trade and Free Port Zone(KPBPB) and its dilemma post the existence of the Law on Job Creation (UU-Cipta Kerja) and Constitutional Court decision, in terms of ‘Mutatis Mutandis’ in attracting investment.  There is conflict regulation after the government issued UU-Cipta Kerja, including facilities and conveniences in the form of entry and exit of goods, taxation, customs, excise and licence. The application of Online Single Submission(OSS) system has centralized the authority while KPBPB Sabang to become only a beneficiary. Hence the Application of ‘Mutatis Mutandis’ to   necessary changes for attracting Investment opportunities is required. This paper contributes to clarify the authority of KPBPB Sabang in terms of  strengthening  and repositioning the KPBPB within centralization notion of Job creation law.   
Co-Authors Bantasyam, Saifuddin Farsia, Lena Listriani, Sophia Mail, Syed Muhammad Huzaif Mochammad Imron Awalludin Rivaldi, Aditya Siti Nurhaliza Zharfan, Ahmad