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All Journal Jurnal Hubungan Internasional Diponegoro Law Review
Ravenska Marchdiva Sienda
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science

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The Rights to Nationality for Ex ISIS Combatants Repatriation Under International Law Yordan Gunawan; Ravenska Marchdiva Sienda; Rizaldy Anggriawan; Andi Agus Salim
Jurnal Hubungan Internasional Vol 10, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jhi.v10i2.12227

Abstract

In 2020, the Coordinating Minister for Political, Legal, and Security Affairs of Indonesia, Mahfud MD, affirmed that any Indonesian citizen affiliated with ISIS would not be repatriated. However, Article 28D of the 1945 Constitution ensures that a person’s citizenship status is guaranteed as one of the human rights, as guaranteed in Article 15 of the Universal Declaration of Human Rights. For this reason, this research used a normative legal research method using statute and case approaches through literature review. The research raises the question of how is the protection of the rights to nationality for ex-ISIS based on international law? The research aims to discuss and analyze the rights to the nationality of ex-ISIS combatants under the implementation of international law, such as Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons. The research results explain that the state’s discretion regarding nationality is particularly limited to conditions such as the prohibition of arbitrary deprivation, the duty to avoid statelessness, and the principle of discrimination, and everyone has a right to a nationality.
PAKISTAN-INDIA CONFLICT AND THE RIGHT OF SELF-DETERMINATION OF KASHMIR Yordan Gunawan; Desi Nur Cahya Kusuma Putri; Ravenska Marchdiva Sienda; Sigit Rosidi; Ami Cintia Melinda
Diponegoro Law Review Vol 6, No 1 (2021): Diponegoro Law Review April 2021
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (733.099 KB) | DOI: 10.14710/dilrev.6.1.2021.139-156

Abstract

The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.
Co-Authors Ami Cintia Melinda Desi Nur Cahya Kusuma Putri Rizaldy Anggriawan Salim, Andi Agus Sigit Rosidi Yordan Gunawan