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All Journal JURNAL HUKUM Masalah-Masalah Hukum Wacana Hukum Yustisia FIAT JUSTISIA: Jurnal Ilmu Hukum DiH : Jurnal Ilmu Hukum Jurnal Dinamika Hukum Jurnal Cita Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Media Hukum Jurnal Hubungan Internasional Jurnal Hukum Novelty LAW REVIEW Diponegoro Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Law and Justice Sriwijaya Law Review Panrita Abdi - Jurnal Pengabdian pada Masyarakat Jurnal Ilmiah Hukum LEGALITY JUSTITIA JURNAL HUKUM Hasanuddin Law Review Al-Daulah : Jurnal Hukum dan Perundangan Islam BERDIKARI : Jurnal Inovasi dan Penerapan Ipteks Varia Justicia JURNAL CENDEKIA HUKUM Substantive Justice International Journal of Law Lex Scientia Law Review Jambe Law Journal Lex Librum: Jurnal Ilmu Hukum Sociological Jurisprudence Journal Jurdimas (Jurnal Pengabdian Kepada Masyarakat) Royal JURNAL MERCATORIA Jambura Law Review Literasi Hukum JURNAL HUKUM PRASADA J-Dinamika: Jurnal Pengabdian Kepada Masyarakat JPPM (Jurnal Pengabdian dan Pemberdayaan Masyarakat) Jurnal Pengabdian Kepada Masyarakat MEMBANGUN NEGERI Jurnal Loyalitas Sosial: Journal of Community Service in Humanities and Social Sciences Turast: Jurnal Penelitian dan Pengabdian Media Iuris Jurnal Pengabdian Masyarakat IPTEKS Mulawarman Law Review Unnes Law Journal Jurnal Suara Hukum Indonesian Journal of Law and Society International Journal of Research in Community Services JHCLS Prosiding Seminar Nasional Program Pengabdian Masyarakat Yuridika Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Dedikasi Hukum Borobudur Journal on Legal Services Jurnal Hukum dan Peradilan Kajian Hukum SASI LamLaj JILS (Journal of Indonesian Legal Studies) Jurnal Jurisprudence
Yordan Gunawan
Universitas Muhammadiyah Yogyakarta, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Public Health Social Sciences Other

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BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE Gunawan, Yordan; Priambodo, Gatot
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Jurnal Media Hukum

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Abstract

Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issue that applicable to the Rohingyas case.KEYWORDS: Refugees, Persecution, Stateless, Human Rights
PENEGAKAN HUKUM TERHADAP PEMBAJAKAN DI LAUT MELALUI YURISDIKSI MAHKAMAH PIDANA INTERNASIONAL Gunawan, Yordan
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The international community, nowadays is facing the most serious problem of the piracy in the sea on a large scale than ever before. Todays piracy is destroying and disturbing the shipping industry worldwide with the modern way. The problem of piracy becomes increase day by day rather than to decrease. It is universally called as hostis humani generis. The piracy today is directed against victims from around the world, creates harms that are felt by the international community, and involves many of the same violation, as like as a murder and hostage-taking, that are used to commit the crimes within the jurisdiction of International Criminal Court (ICC). The main purpose of this paper is to describe the piracy in details which could be seen in some international laws concerning this problem as for UNCLOS 1982 and SUA Convention 1988. This paper also will elaborate how piracy could be called as a crime under international law, as well as the jurisdiction of the ICC. This permanent international judicial body is empowered to prosecute crimes of concern to the international community as a whole, in accordance with the Rome Statute 1998 and ICC is expected to fullfil the impunity as the biggest obstacle for countries to bring the pirates into the justice.
BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE Gunawan, Yordan; Priambodo, Gatot
Jurnal Media Hukum Vol 20, No 1 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1) Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:
TRANSBOUNDARY HAZE POLLUTION IN THE PERSPECTIVE OF INTERNATIONAL LAW OF STATE RESPONSIBILITY Gunawan, Yordan
Jurnal Media Hukum Vol 21, No 2 (2014)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

In recent decades the Southeast Asia Countries have been affected by haze pollution which is caused by human activities in burning land/forest for plantation and/or agriculture. Indonesia is one of the major sources of the haze pollution in the region. The pollution does not stop at national borders only, but also causing transboundary pollution to the neighboring countries such as Malaysia and Singapore. As a reaction of this environmental crisis, ASEAN Agreement on transboundary Haze Pollution was signed. The Agreement recognizes that transboundary haze pollution which resulted from land and/or forest fires should be mitigated through concerted national efforts and international cooperation. As of June 2013, all the ASEAN countries, except Indonesia, have ratified the agreement. However Indonesia hopes to ratify the haze agreement by 2015. The study is normative legal reserach with Statute Approach and Case Approach. By using the qualitative descriptive method, this study will discribe the ransboundary haze pollution in details which could be seen in some international laws concerning law of state responsibility as for Draft Articles on State Responsibility and 1997 ASEAN Agreement on Transboundary Haze Pollution. The result shows that Indonesia needs to do the action, not onlyin term of how to combat the forest fires with the deployment of personnel from ASEAN, but also preventing issue of it, namely by making the rule of law which effectively penalize the forest burning. Most of these problems can be overcome only if Indonesia ratified the ASEAN Agreement on Transboundary Haze Pollution.
Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia Gunawan, Yordan
Hasanuddin Law Review VOLUME 3 ISSUE 1, APRIL 2017
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (558.417 KB) | DOI: 10.20956/halrev.v3i1.948

Abstract

The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute) decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.
PERSPECTIVE OF CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) ON THE CYBER HARASSMENT IN INDONESIA Gunawan, Yordan; Sardi, Martinus; khairunnisa, Khairunnisa
DiH: Jurnal Ilmu Hukum Volume 16 Nomor 1 Februari 2020
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v16i1.2857

Abstract

In 2017, there are 3,528 cases of violence against women in Indonesia, in which 76% of violence occurs in the form of sexual harassment. Sexual harassment is a part of discrimination against women, therefore the United Nations issued the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as a safeguard of women’s rights. Nowdays, sexual harassment has developed into a new form, namely cyber harassment. Unfortunately, in CEDAW, there is no clear and specific statement related to it. This study is a normative legal research with Statute Approach and Case Approach. By using the qualitative descriptive method, this study will elaborate on the protection of women from cyber harassment in Indonesia based on the perspective of CEDAW. The result shows that, as the international treaty, CEDAW does not provide any punishment for the suspect to be prosecuted. Fortunately, Indonesia has Law No. 11 of 2008 on Electronic Information and Transactions to deal with cyber harassment cases. The author recommends the Indonesian government to formulate a new law dealing with cyber harassment. Aside of that, education to the society on cyber harassment itself needs to be conducted by the government to prevent more victims in the future.
Does the Protection of Minority Groups in Xinjiang Fail? Gunawan, Yordan
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.571.pp205-220

Abstract

Nowadays, many human rights violations related to religion, race or culture exist. In 2018, The Council on Foreign Relations (CFR) estimated around two million Uyghur were arrested by the Chinese government without due process of law and forced to accept the political doctrine of the Chinese Communist Party. These actions include physical torture and restrictions on religious freedom. Article 2 of 1948 UDHR stipulates the prohibition of discrimination against race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth, or another status. The paper aims to analyse human rights violations against the Uyghur and legal efforts to protect freedom of human rights for Uyghur in China. Human Rights have been fully regulated by the 1948 Universal Declaration of Human Rights (UDHR). By using statutory and case approach, the result shows that the actions taken by the Chinese government have violated legal provisions including the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The government of China is also failing to uphold its responsibility to protect.
RESPONSIBILITY OF PEOPLE’S REPUBLIC OF CHINA FOR MINORITY BASED ON ICERD: UYGHUR CASE Gunawan, Yordan
Varia Justicia Vol 15 No 2 (2019): Vol 15 No 2 (2019)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (406.269 KB) | DOI: 10.31603/variajusticia.v15i2.3116

Abstract

People?s Republic of China is allegedly committed racial discrimination toward Uyghurs for the last few years. Uyghurs is one of the minority ethnics who live in Xinjiang Uyghur Autonomous Region (XUAR) China. The Chinese government builds re-education camp for Uyghurs and being detained even imprisoned without a proper legal procedure. The research aims to know the implementation of Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Responsibility to Protect Perspective in Uyghurs case. The study employed normative legal research with Statute Approach and Case Approach. By using qualitative descriptive method, the study elaborated on how China upholds the minority rights through the implementation of ICERD, and how the international law perspective in the context of responsibility to protect Uyghur case is. The result shows that China has not been successfully implementing ICERD toward minority groups because in practice China does racial discrimination toward Uyghurs. Also, China fails to implement the first pillar of Responsibility to Protect (R2P), where China should protect its citizen from any kind of mass atrocity crimes.
Pendidikan Paralegal Bagi Masyarakat Sebagai Wujud Pemenuhan Hak Asasi Manusia Berkelanjutan Gunawan, Yordan; Hafiz, Mohammad Bima Aoron
Berdikari: Jurnal Inovasi dan Penerapan Ipteks Vol 9, No 1 (2021): February
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/berdikari.v9i1.10853

Abstract

Paralegals are parties that can provide advocacy or legal assistance to the people in a broad sense beside advocates, lecturers and other legal activists. The role of paralegal itself is not intended to replace the function of an advocate. Instead, it is aimed to be able to cooperate in the fulfillment of access to justice for the society, especially the people who are poor and other vulnerable groups. In Indonesia, paralegal position is a voluntary activity in conducting empowerment process in the society. The beginning of this article will invite and provide understanding to readers to understand the definition and comprehension of paralegals, types, and their important role for the fulfillment of access to justice which is one of the most basic parts of human rights. Beside preparing a law-conscious society, paralegals also provide human rights protection to people who are having problems with law, until the stage of investigation in the police office. The villagers trained will get certification and verified by the government. The society service uses educational methods or approaches that are oriented to problem solving process using the pattern of education elements conducted systematically, directed and planned with the active participation of individuals, groups and society as a whole to find ways to solve problems faced by the society by paying attention to the surrounding socio-economic and local cultural factors. This approach is considered to be able to move the society dynamically towards progress as expected. Meanwhile, being participative is an approach that emphasizes on the efforts to increase the participation of the society or individuals directly in various processes and implementation of programs. The results of the service program are demonstrated with the establishment of a paralegal society, increased awareness and knowledge of the society on their rights in the field of law
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

Abstract

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.
Co-Authors Abdussalam, Muhammad Rafi Ade Armansyah Aditama, Setiyantoro Wahyu Adyatma Tsany Prakosa Ahmad Zulfiqri A. Lalu Aini, Rifa Ayu Nur Aisah Nur Aisah Nur Akbar Napitupulu, Ichwan Rizki Akbar, M. Fabian Aliza Mufida Amarta Yasyhini Ilka Haque Amarulia, Shafirah Ami Cintia Melinda Amirullah, Muhammad Nur Rifqi Ananda Prasetya Utami Anderson, Paulo Andres Andi Rizal Ramadhan Anggoro Wati, Elvita Ansar, Muhammad Arya Ardhiawangsa, Fathiyya B’tari Pradipa Arif Budiman Armansyah, Ade Arumbinang, Mohammad Hazyar Asirwadana, Ewaldo Aulawi, Mohammad Haris Ayu Mega Rakhmawati Ayu Nopiyaranie Azham, Kevin Syahru Barbara Gunawan Corral, Eva Ferrer Dananjaya, Muhammad Praditya Debby Kemira Putri Drajat Dela Rinanda Putri Demas Abdi Islamey Desi Nur Cahya Kusuma Putri Devi Seviyana Devty, Stephanie Diva Aisya Safitri Dwilani Irrynta Dzakiyyah, Siti Asdilla Elfatia Ayu Kinasih Elvita Anggoro Wati Erbyandhana, Muhammad Afif Razak Farhansyah, Bagaskara Yonar Farman, Logi Fathi, Muhammad Fatimah Nuraini Fatra Alamsyah Fauziah Nauri Qisty Fauziah, Nafiza Febrila, Aldha Fernando, Danu Fikri, Imam Ikhsanul Fitriyanti, Fadia Gatot Priambodo, Gatot Genovés , Manuel Beltrán Genovés, Manuel Beltrán Ghiffara, Mustafad Ghiyats Amri Wibowo Gladis Tazaka Mustaqim Gultom, Qinnara Zegia Gumilang Tresna Nugraha Hafiz, Mohammad Bima Aoron Hafsari, Dhayu Ajeng Hardiyanti, Lista Arofa Himmaturrahmah, Himmaturrahmah Husada, Alfan Setya Putra Ihsan, Fawaz Muhammad Irrynta , Dwilani Irrynta, Dwilani Iwan Satriawan Jamilah Arifin Jayapraja, Labib Dianatadilaga Jayustin Sastra, Verocha Kalagita, Kevin Kania Dewi Kemira Putri Drajat, Debby Khairi, Muh Faqih Al Khairunnisa Khairunnisa Khasanah, Pentanita Uswatun King Faisal Sulaiman Kukuh Derajat Takarub Kurniasih, Lathifah Yuli Lathifah Yuli Kurniasih Manuel Beltrán Genovés Mareto, Irvan Marselina Putri Damayanti Martinus Sardi Matahariza, Anandiva Meidista, Salsabilla Mita Amelia Mohammad Bima Aoron Hafiz Mohammad Haris Aulawi Mohammad Hazyar Arumbinang Mohammad Hazyar Arumbinang Mohammad Hazyar Arumbinang Mohammad Hazyar Arumbinang Moli Aya Mina Rahma Muhamat Ridho Yuliyanto Muhamat Ridho Yuliyanto Muhamat Ridho Yuliyanto Muhammad Nur Rifqi Amirullah Mulloh, Ahmad Fahmi Ilham Mutia Ovitasari Napitupulu, Ichwan Rizki Akbar Naufal Bagus Pratama Naufal Bagus Pratama Nazella Jeanny Andrian Nisa Nurhofipah Ramadani Novendra, Carissa Shifa Nur, Aisah Nurhaifa, Reksa Fikri Ode, Mahazanni Najwa Al-Asyifa Onielda, Muhammad Daffa Auliarizky Ovitasari, Mutia Pangestu, Rian Ade Permana, Vensky Ghaniiyyu Putri Prakosa, Adyatma Tsany Prameswari, Elfa Rheanna Pramono, Khansa Rizky Febrianti Prasetyo, Satya Bayu Pratama, Naufal Bagus Priambodo, Gatot Putra, Atha Esa Putra, Muh Raqi Pratama Putra, Muhammad Raqi Pratama Putri, Ayi Leoni Putri, Tefa Febiola Putri, Wiwit Kharisma Qisty, Fauziah Nauri Rahmanita, Fadhilah Ramadhan, Andi Rizal Ravenska Marchdiva Sienda Reni Anggriani, Reni Rettob, Abdullah Teguh Thamrin Rima Ayu Andriana Rinanda Putri, Dela Riyanto, Aisyah Ajeng Putri Rizaldy Anggriawan Rizaldy Anggriawan Salim, Andi Agus Salma Rahmi Pratiwi Saputra, Wisnu Prayogi Sardi, Martinus Sastra, Verocha Jayustin Setya, Putri Nurhaliza Anugerah Sigit Rosidi Siti Septiana K. Harun Sonya Whisler Refisyanti Syamsu, Andi Pramudya Syamsudin, Wa Ode Fithrah Az-zalia Tareq Muhammad Azis Elven Taufik, Muhammad Sulthan Faqih Tsaabita , Dinysia Dzakiyya Vensky Ghaniiyyu Putri Permana Verocha Jayustin Sastra Wardani, Rahmawati Mayta Yasir Perdana Ritonga Yusmiastuti, Tsaniya Zulfiani Ayu Astutik