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Intervensi Prinsip Responsibility To Protect Terhadap Masyarakat Sipil dalam Situasi Perang Israel – Palestina Tahun 2023 Renzi Zian Azmi Falevi; Mirsa Astuti
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2371

Abstract

One of the longest and most complex conflicts in the world is the Israeli-Palestinian conflict. The security situation in the region remains extremely fragile despite peace efforts. In 2023, another escalation of violence occurred, killing civilians. The principle of the responsibility to protect (R2P) is important to discuss in this situation. This study uses normative legal scholarship-also known as positive legal scholarship, doctrinal, or purely as a methodology-to conduct this research. The main focus of the research is written law and legal traditions held by the community. Primary, secondary and tertiary legal materials are included in the secondary data sources, which are an essential component of this methodology.In 2005, the United Nations (UN) established the global Responsibility to Protect (R2P) standard. This concept says that states have the primary responsibility to prevent genocide, ethnic cleansing, crimes against humanity and other human rights violations. This concept is based on existing international rules, such as Articles 1 and 2 of the UN Charter. Violations of R2P principles in the 2023 Israeli-Palestinian conflict have significant legal, security and moral consequences. Such violations are considered war crimes and crimes against humanity for which international tribunals are legally accountable. Security-wise, a prolonged conflict could lead to significant regional instability and refugees. Morally, these violations constitute a human tragedy.
Analysis Of Citizenship Rights And Mixed Marriages Between Rohingya Refugees And Indonesian Citizens (WNI) Mirsa Astuti; Rizka Syafriana; Ramlan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5993

Abstract

Indonesia has come under fire at home and abroad for its rejection of Rohingya refugees, making it irresponsible to accept refugees in its territory. There is no clear legal umbrella in Indonesian law for marriage between Indonesian citizens and refugees. This can be seen from the fact that Article 57 of the Marriage Law only regulates marriage between Indonesian citizens and foreigners who have citizenship status, there will also be discussed in this study regarding the mixed marriage status of Rohingya refugees and the legal status of children born from mixed marriages, This research method uses a qualitative approach carried out by collecting data both in initial observations and during the research, Solving the Rohingya problem regarding the legal status of children born from mixed marriage can only be done if all parties have a strong commitment to side with the values of morality and humanity by taking concrete steps in resolving the root of the problem, so that the clarity of the status of mixed marriage can be known.
JURIDICAL ANALYSIS OF DIPLOMA RETENTION AGREEMENT AS A CONDITION OF WORKING IN THE COMPANY Sulistiani; Astuti, Mirsa; Pohan, Masitah
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1290

Abstract

The practice of companies withholding diplomas as a condition of employment is an employment law issue that reflects the unequal position between employers and workers and the weak protection of workers' rights. Although this practice is not explicitly regulated in employment law, it has the potential to go against the principles of freedom of contract, fair employment relations, and human rights. This study aims to analyze the form of legal protection for workers, and the government's responsibility in preventing and combating this practice. Through normative legal research, it was concluded that the detention of diplomas could violate the constitutional rights of workers, potentially making the agreement invalid. Legal protection can be provided in a preventive and repressive manner, based on national law and international human rights instruments. The government's responsibility is strengthened through supervision, mediation, and the issuance of the Circular Letter of the Minister of Manpower No. M/5/HK.04.00/V/2025. Nevertheless, stronger laws and regulations are needed to ensure legal certainty and the effectiveness of legal protection for employees
ANALYSIS OF LAND OWNERSHIP RESTRICTIONS FOR FOREIGNERS ACCORDING TO INDONESIAN LAW AND THAILAND LAW Athaya, Syarifah Khaira; Astuti, Mirsa
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1317

Abstract

Land is a strategic resource closely linked to state sovereignty, public welfare, and economic stability. In the context of globalization and increasing foreign investment, Southeast Asian countries face the challenge of opening their property markets without undermining national interests. This study aims to analyze restrictions on foreign land ownership under Indonesian and Thai law and to compare the legal approaches of both countries. This research applies a normative legal method using statutory and comparative approaches. The findings indicate that Indonesia allows limited foreign access through use rights and condominium ownership, whereas Thailand maintains a stricter prohibition on direct land ownership by foreigners, allowing only narrow exceptions. Both countries seek to protect national land sovereignty but differ in their level of openness to foreign property investment.
Maritime Dispute Resolution Between Kenya and Somalia from 2014-2021 Through the International Court of Justice Britania Dyah Ayu Harefa; Mirsa Astuti
Eduvest - Journal of Universal Studies Vol. 5 No. 3 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i3.50946

Abstract

The maritime boundary dispute between Kenya and Somalia is one example of the rise of maritime disputes over natural resources. The dispute, which stems from different interpretations of boundaries in the Indian Ocean, has attracted the attention of the entire international community, especially on the African continent. In 2014, Somalia filed a lawsuit against Kenya in the International Court of Justice regarding the delimitation of maritime boundaries between the two coastal states. The International Court of Justice examined the basis of Somalia's lawsuit in proposing the settlement of the dispute. This study aims to determine the maritime zone boundary between Kenya and Somalia according to UNCLOS 1982, to determine the role of the International Court of Justice in resolving the dispute and to determine the legal impact of the International Court of Justice Decision regarding the maritime dispute between Kenya and Somalia. The research method used is normative law research with a statutory approach and a case approach. The results showed that the 1982 United Nations Convention on the Law of the Sea divided the maritime zone as inland waters, territorial sea, exclusive economic zone, and continental shelf. The International Court of Justice played an important role in determining the maritime boundary between Kenya and Somalia. The International Court of Justice's ruling has had a significant impact on the two countries' deteriorating bilateral relations, increasingly tense political relations, as well as impacting the security and socio-economic sectors in the East African region.