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All Journal Borobudur Law Review Jurnal Jurisprudence
Muhammad Nur
Universitas Ahmad Dahlan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Russian military operation in Ukraine: analysis from the perspective of International Law Muhammad Nur; Galih Bagas Soesilo
Borobudur Law Review Vol 4 No 1 (2022): Vol 4 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6747

Abstract

The Russian government emphatically stated that it started a full official attack on Ukrainian territory on February 24, 2022. While, the President of Ukraine, Volodymyr Zelenskyy, declared the imposition of martial law in all regions of his country after Russia carried out a full attack. In addition, several countries in the world responded through open statements of their respective heads of state, and some were accompanied by the imposition of sanctions. Regardless of the reasons and justifications for a decision, the community is the most affected party. This war situation, of course, needs to heed the principles of humanitarian law and humanitarian principles. This paper describes how the war between Russia and Ukraine is seen from the perspective of international law and obligations of the parties under international humanitarian law. This type of research is normative juridical research. The data collecting method used is literature study. The tools used in this research are secondary data in the form of documents consisting of primary legal materials, secondary legal materials, and non-legal materials. These data were analyzed qualitatively and then presented descriptively. The results of this study found that the justifications used by the Russian government in carrying out military operations in Ukraine, namely self-defense, collective self-defense, and humanitarian intervention cannot be justified under international law. The conflict between Russia and Ukraine is included in an international armed conflict so that in order to protect civilians and certain subjects and objects, the parties to the conflict must comply with the provisions of international humanitarian law.
The Adoption of Children with a Refugee Status: An Analysis of International Laws and Jurisprudence Muhammad Nur; Galih Bagas Soesilo; Muhammad Rizal Sirojudin
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.701

Abstract

ABSTRACT Objective: This research aims to undergo a juridical analysis of the stipulations for the adoption of refugee children from the perspective of international law.  Methodology: This was juridical normative research that collected data using the literary study method. This research used primary legal materials, secondary legal materials, and non-legal materials research instruments. Findings: A core principle in making policies concerning refugee children is the ‘best interest rule’, which has two main implementations: the making of governmental policies and decisions made on the children as individuals. Adoption may only be considered after all efforts on tracing and reunifying child refugees with their families have failed, or if the child’s parents have agreed on that adoption according to the standard stipulated in the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. A jurisprudence concerning this was the case of Mariya Abdi Ibrahim vs Norway in the European Court of Human Rights for Application No. 15379/16. Indonesian stipulations are not in line with the international law that allows the adoption of refugee children. Application: This research may provide insight for the Indonesian government in considering an alternative care model for the many child refugees in Indonesia. Originality: This research described alternative model patterns that may be applied in Indonesia, as the government only regulated the prohibition of adopting international child refugees in Indonesia. But when referring to some international conventions, some types of alternative care are permitted, including adoption, even though it is only applied as a last resort. Keywords: adoption, children, refugee, international law, Indonesia.
Co-Authors Galih Bagas Soesilo Galih Bagas Soesilo Muhammad Rizal Sirojudin