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Myanmar's Rejection Of The United Nations Resolution: Allowed of Not? Yordan Gunawan; Debby Kemira Putri Drajat; Dela Rinanda Putri; Verocha Jayustin Sastra
Literasi Hukum Vol 7, No 2 (2023): LITERASI HUKUM
Publisher : Universitas Tidar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31002/lh.v7i2.4160

Abstract

Myanmar's Ministry of Foreign Affairs rejected the Myanmar Ministry of Foreign Affairs calls for an arms embargo and power struggle by the military in a UN general assembly resolution last February because the resolution was considered based on unilateral accusations and false assumptions, and the resolution was deemed not legally binding. In addition, several Myanmar statements have been adopted by the UN security council, which has the authority as well as resolutions deemed legally binding, such as the prohibition of acts of violence against protesters. In addition, the resolution calls on the military not to commit acts of violence as well as restore the democratic transition. The purpose of this study is to find out whether Myanmar may reject the UN General Assembly resolution or not. The study uses normative legal research with a case approach using qualitative descriptive methods to describe the legal reasons used in Myanmar's rejection of the UN General Assembly resolution and how to apply the principle of pacta sunt servanda in this case. The results show that Myanmar rejects the UN resolution calling for an arms embargo because Myanmar considers that the resolution is not legally binding and based on the pacta sunt servanda. Myanmar should accept the UN General Assembly resolution because it binds an agreement to the parties who made it.
Indonesia's responsibility towards Rohingya refugees: analysis of the 1951 Refugee Convention Gunawan, Yordan; Novendra, Carissa Shifa; Febrila, Aldha
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.32164

Abstract

The Acehnese people refused the boat carrying more than 200 Rohingya migrants in early 2024; therefore, UNHCR is pleading with the Indonesian authorities to allow them to disembark. The UNHCR report states that there are currently 1,608 Aceh refugees, including 140 survivors from the previous year. People are increasingly worried about the impact of the significant influx of Rohingya individuals in Aceh. Indonesia's acceptance of those seeking safety for humanitarian reasons has significantly affected the Acehnese population. Indonesia is being pressured to provide assistance to Rohingya refugees despite not being a signatory to the Refugee Convention. The issue at hand is whether Indonesia is legally obligated to help Rohingya refugees under the Refugee Convention. This study utilized normative legal research, commonly known as document analysis involving a qualitative examination of secondary data sources. The investigation included sources such as books, papers, and treaties, specifically focusing on the Refugee Convention of 1951. Indonesia, as it is not a signatory to the Refugee Convention, does not have a legal duty to aid the Rohingya refugees in Aceh based on the Refugee Convention. This study employed normative legal research, analyzing documents qualitatively with secondary sources like books, articles, and treaties, notably the 1951 Refugee Convention. Consequently, since Indonesia has not ratified the Refugee Convention, it is not bound by legal obligations to assist the Rohingya refugees in Aceh. However, Indonesia still maintains a responsibility according to the Universal Declaration of Human Rights.
The Influence of China’s Belt and Road Initiative of Economic Crisis in Sri Lanka Gunawan, Yordan; Napitupulu, Ichwan Rizki Akbar
Law Review Volume XXIII, No. 1 - July 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i1.6593

Abstract

Sri Lanka, as a country in the South Asian region, is bordered by southeastern India and is in the southern Indian Ocean Sea region. This makes Sri Lanka a country with fast trade and maritime traffic, as well as a seaport. Bilateral connections have existed between Sri Lanka and China since the country's inception, and have been enhanced by financial and other aid supplied to the Sri Lankan government throughout the civil war against the separatist organization Liberation Tigers of Tamil Eelam (LTTE). Negotiations between Sri Lanka and China ended in 2017 with a deal for a Chinese-owned business, China Merchant Port Holdings Company Limited, to acquire almost 85% of Hambantota Port shares for 99 years. Because developed countries clearly have a more dominant role in the process of economic globalization, The research method used is normative law research with a case approach. The results show Sri Lanka's dependence on foreign investment to drive a country's economic growth. Therefore, this study aims to determine the legal arrangements governing the effects of the Belt and Road on the economic crisis in Sri Lanka from the perspective of international law and to determine the positive and negative impacts on the planned project.
The Murder of Shireen Abu Akleh: How Does Law Protect the Journalist in a War? Gunawan, Yordan; Ihsan, Fawaz Muhammad; Anderson, Paulo Andres
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.59534

Abstract

Shireen Abu Akleh, an esteemed Al Jazeera journalist, was sadly killed by Israeli army gunfire in May 2022 while reporting on the Israel-Palestine military war. To pursue justice for this horrific act, the Palestinian administration filed a formal complaint with the International Criminal Court (ICC). Despite the presence of strong proof, the Israeli government maintains that the charges are false. This study looks thoroughly into the Abu Akleh murder case, examining it from the standpoint of international law. Using normative legal research methods, the paper thoroughly examines the historical features of the murder as well as the legal procedures specified by international law to assure the administration of justice. Furthermore, the study emphasizes the critical importance of the Palestinian government's ICC complaint as a critical first step in initiating the judicial procedure. Notably, the United Nations has formally declared the Israeli army guilty of Abu Akleh's death, heightening the gravity of the situation. This research states categorically that the Israeli government must be held liable for this heinous act after exhaustively evaluating the most recent facts and prestigious international legal frameworks. It is fervently hoped that by unraveling the multifaceted dimensions inherent in this case, justice will ultimately prevail, steadfastly reaffirming the indispensable principles that safeguard press freedom and protect journalists worldwide, including within Indonesia as an integral member of the international community.
The Children Right Violation in the Conflict of Sudan: Government Negligence Gunawan, Yordan; Fernando, Danu; Wardani, Rahmawati Mayta; Arumbinang, Mohammad Hazyar
Sociological Jurisprudence Journal Vol. 7 No. 1 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.7.1.2024.67-74

Abstract

The conflict caused by the government's negligence in handling political issues that have an impact on the welfare of children's rights that should be obtained, research uses a normative approach method. By using the regulation of children's rights in the Convention on the Rights of the Child which is a universal principle and legal norm regarding the position of children and international human rights treaties, the purpose of research is to find out the causes of the loss of children's human rights caused by government negligence and how the implementation of international law and the contribution of UNICEF (United Nations International Children's Emergency Fund) in protecting children's rights, the Convention on the Rights of the Child is recognized as the most advanced human rights treaty, The Convention on the Rights of the Child is recognized as the most advanced human rights treaty agreed upon by states, the contribution of international humanitarian agencies that work with other international agencies to reduce or eliminate violence against children and provide special treatment for children who have mental disorders because see what children should not see, as an international organization UNICEF not only oversees and prevents the welfare of children but also determines the prospects for a decent and humane life for minors.
Foreign Fighters in the Ukrainian Armed Conflict: An International Humanitarian Law Perspective Gunawan, Yordan; Ghiyats Amri Wibowo; Arumbinang, Mohammad Hazyar
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i2.9315

Abstract

This study discusses foreign fighters who take part in the Ukrainian armed conflict. The aim of this study is to know about the history of the armed conflict of Ukraine, study the relevance of International Humanitarian Law to foreign fighters, and study the implementation of Human Rights obtained by foreign fighters based on International Humanitarian Law. The used is juridical-normative legal research or also called document research with secondary data as the main source. Researchers conduct legislative studies to see synchronization between legislation. Data were collected using literature review techniques, such as perusing, analyzing, and drawing conclusions from relevant documents. The results of this study conclude, first, the history of the Ukrainian armed conflict starting from the independence of Ukraine and culminating in the Russian special military operation that occurred on February 24, 2022. Second, the relevance of international humanitarian law to foreign fighters has no specific definition describing foreign fighters and only foreign terrorist fighters. Third, the implementation of human rights against foreign fighters is an inviolable or inalienable human right. However, in its implementation there are still many violations that occur in the armed conflict of Ukraine. Several methods are needed to overcome this problem, namely, the need to increase understanding and awareness regarding IHL and human rights, especially for foreign fighters, to all parties and, make policy recommendations regarding clarity of understanding for foreign fighters, which can then be used as a guide for policymakers and practitioners to increase the certainty of humanitarian protection for foreign fighters.
ICJ Jurisdiction Over the Case of Policy to Stop Nickel Exports: European Union v. Indonesia Gunawan, Yordan; Amirullah, Muhammad Nur Rifqi; Arumbinang, Mohammad Hazyar
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.1-22

Abstract

The purpose of this paper is to explore the jurisdiction of the International Court of Justice (ICJ) regarding the European Union's legal action against Indonesia in response to Indonesia's policy to halt the export of raw materials derived from nickel ore. The research methodology employed for this paper is normative legal research, relying primarily on legal materials that encompass normative law for data collection. The outcome of this study indicates that Indonesia has implemented a measure to cease the export of raw materials derived from nickel ore, leading to the domestic downstream management of mineral resources within the country. In addition, the purpose of the export stop is the strong desire of the Indonesian government so that all raw materials are managed domestically and can invite investors from abroad to invest in Indonesia. However, the European Union (EU), as one of the enthusiasts and consumers of nickel ore raw materials, objected to the policy issued by Indonesia. The form of objection from the EU is to sue Indonesia to the WTO. The EU objected to the policies issued by the Indonesian government because they could interfere with various policies taken by the EU. The policy is expected that in 2050 the EU will be free from CO2 emissions. Furthermore, the EU argues that the cost of nickel ore, once domestically managed, is anticipated to undergo a significant increase, surpassing the prevailing market price. The author scrutinizes the jurisdictional aspects regulated by the International Court of Justice (ICJ) within this context
Extrajudicial Killings over the Drug War in the Philippines under the ICC Jurisdiction Gunawan, Yordan; Permana, Vensky Ghaniiyyu Putri
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p31-47

Abstract

Extrajudicial killings in the Philippines have escalated, resulting in severe human rights violations exacerbated by the enforcement of drug war policies, which have led to numerous deaths without due legal process. These killings constitute serious crimes falling within the jurisdiction of the International Criminal Court (ICC). This paper examines how the ICC can serve as an international mechanism for addressing extrajudicial executions in the Philippines' drug war. Employing normative legal research methodology, the study utilizes legal sources focused on normative law as primary data. The ICC, functioning as a permanent court, is mandated to prosecute individuals responsible for international crimes under the Rome Statute. The findings confirm that extrajudicial killings in the Philippines qualify as international crimes, thus within the ICC's purview. Consequently, the ICC's involvement should not be construed as a challenge to national sovereignty but rather as a catalyst for strengthening global criminal justice frameworks. By holding perpetrators accountable, the ICC can stimulate the development of national criminal justice systems worldwide and encourage the enactment of domestic laws addressing egregious human rights violations and breaches of international humanitarian law. This role underscores the ICC's mission to promote universal ideals and ensure justice for victims of grave international offenses.
International Law in the Sudanese War 2023: An Overview of the Conflict and Law Enforcement Gunawan, Yordan; Putra, Muh Raqi Pratama; Khairi, Muh Faqih Al; Arumbinang, Mohammad Hazyar
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p108-124

Abstract

In early 2023, Sudan faced significant turmoil primarily driven by a civil war involving prominent military factions. The conflict stemmed from a power struggle and ideological differences between General Abdel Fattah Al Burhan, who assumed leadership of the armed forces and presidency, and his deputy, General Mohamed Hamdan Dagalo, who also heads the Paramilitary Rapid Support Force (RSF). This research aims to analyze the Sudanese conflict's impact on the population and the role of international law in addressing violations during the crisis. The war has exacted a heavy toll on Sudanese civilians, resulting in substantial loss of life and exacerbating humanitarian crises across the country. International law emerges as a crucial avenue for holding accountable those responsible for violations, encompassing both military and civilian populations. Employing sociolegal juridical methods, this study examines existing data pertaining to the Sudanese conflict and scrutinizes how international organizations enforce legal standards within this context. By leveraging international legal frameworks, this research advocates for applying legal sanctions to address violations committed by the Sudanese government and associated military factions. This approach seeks to provide legal recourse and justice for affected civilians while highlighting the imperative of international law in fostering accountability and peace amid ongoing conflict.
Diseminasi Hukum Humaniter Internasional Dalam Upaya Menyebarkan Semangat Perdamaian Gunawan, Yordan; Pratama, Naufal Bagus
Turast: Jurnal Penelitian dan Pengabdian Vol 8, No 1 (2020)
Publisher : Universitas Islam Negeri Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/turast.v8i2.2128

Abstract

Dissemination of International Humanitarian Law to Promote Spirit of Peace. International Humanitarian Law (IHL) is one of a very important branch of International Law that need to be disseminate not only to Red Cross, Military, or Police Personnel, but also to the public as a whole, especially the youth. The need of this dissemination program is to limit the casualties from an armed conflict, to guarantee and secure the victims of war, encouraging participation on humanity, and spread the spirit of peace. This community service program is an obligation for all countries that are party to the Geneva Convention 1949, yet the country alone will face difficulty to reach all the elements of the society. Therefore, there is a need of community service program to disseminate IHL. This program aims the senior high school students in Yogyakarta. The dissemination will be conducted in forms of seminar delivered by the speaker which is a lecturer and a researcher in Universitas Muhammadiyah Yogyakarta, group discussion and role playing in a form of TFG (tactical Floor Gaming). After participating in this program, the participants are expected to understand and uphold the IHL and protection to Red Cross and Red Crescent emblem, and able to implement the gained knowledge, especially in conflict resolution, upholding peace, and actively participate in humanity activity.Keywords: International Humanitarian Law, Dissemination, Geneva Convention 1949 
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 Barbara Gunawan Corral, Eva Ferrer Damayanti, Marselina Putri 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 Nauri Qisty Fauziah, Nafiza Fawaz Muhammad Ihsan 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 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 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 Safitri, Diva Aisya 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