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All Journal Jurnal Hubungan Internasional Sriwijaya Law Review
Rizaldy Anggriawan
Department of Financial and Economic Law, Asia University Taiwan
Decision Sciences, Operations Research & Management 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.
The Fishing Rights Conflict in the South China Sea between Vietnam and China Mohammad Hazyar Arumbinang; Yordan Gunawan; Rizaldy Anggriawan
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.875.pp205-217

Abstract

This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.
Co-Authors Mohammad Hazyar Arumbinang Ravenska Marchdiva Sienda Salim, Andi Agus Yordan Gunawan