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All Journal Indonesian Journal of International Law Indonesia Law Review (ILREV)
Allagan, Tiurma M. P.
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Indonesian Citizens in Mixed-marriage with Rohingya Refugees Allagan, Tiurma M. P.; Salfa, Salsabila; Sekarlangit, Agnes Galuh
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

There are 14 marriages that occurred between the Rohingyas and Indonesian citizens carried out in 2017. Only nine of them were reported to the refugees handling agency. Some have been made before coming to Indonesia and some after arrival. These situations resulted in legality problems of the marriage and its implications. The right to marry is fundamental in the life of human and is protected as human rights. However, Indonesia is not a signatory to the Convention on the Status of Refugees 1951 and has no legal mechanism to govern their marriages. Consequently, life for both asylum seekers and refugees is a relentless struggle and one of the significant challenges for them is in the area of marriage and family. This paper will discuss how Indonesian private international law provisions and the marriage law accommodate and protect the rights to marry stateless refugees in Indonesia. This paper primarily discusses the legal status of stateless persons and refugees amidst the lacuna in Indonesia. Noting the shift from the principle of nationality evident in case laws, this paper explores the possibility to use lex domicili as a surrogate connecting factor in determining the law applicable to stateless refugees’ personal status. In relation to marriage, subsequent validation (isbat nikah) could be the solution to ensure family unity. As the lack of valid documentation remains a challenge, the goodwill of the couple to enter into marriage and establish a family become the most important element.
Intercountry Adoption in Indonesia Allagan, Tiurma M. P.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Indonesia regulates the Intercountry Adoption in its national law and regulation. Besides the Intercountry Adoption, it also regulates the adoptions which have foreign elements, yet excluded from the Intercountry Adoption pursuant to the national law. This writing shall What the requirements are and how the process is of those adoptions are the main topic of this writing, as well as the appliance of Principle of Nationality in those regulations. The research method of this writing is normative research to the prevailing rules and regulations includes the Indonesian district courts decisions which randomly taken. The result of this writing to opine the harmony or give advice, if any, upon the regulations of the intercountry adoptions and adoptions which contain foreign elements towards the Bill of Indonesian Private International Law.
INDONESIAN PRIVATE INTERNATIONAL LAW:THE DEVELOPMENT AFTER MORE THAN A CENTURY Allagan, Tiurma M. P.
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Indonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian prevailing regulation besides AB? This writing would like to answer such questions and reviewing the Bill of Indonesian PIL. The research method of this writing is normative research to the prevailing regulation and the Bill of Indonesian PIL. The comparison research method will be made to the PIL regulation in the Netherlands to see the development of AB in its original country, particularly the three PIL’s Principles. The result of this writing is about to conclude the development of Indonesian PIL and give advises, if any, upon the Bill of Indonesian PIL.
Are you Wo(man) enough to get married? Allagan, Tiurma M. P.
Indonesia Law Review Vol. 6, No. 3
Publisher : UI Scholars Hub

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The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for since he was not considered as a man, confirms that this question is important to value the capacity of a person to marry. This writing will apply normative research as well as literature research methods upon the positive rules and regulations. The decisions of district courts upon the revision or change of gender and its legal basis will be analyzed and be the topic of discussion. The comparison will then be applied to compare the marriage requirements between Indonesian Law, Singaporean Law and Hong Kongese Law. The results of analysis and discussion will be the closure of the writing, as conclusions and advice, if any.
Co-Authors Salfa, Salsabila Sekarlangit, Agnes Galuh