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M. Ya'kub Aiyub Kadir
Syiah Kuala University (Unsyiah)

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The Failure of New International Economic Order: a Lesson Learned M. Ya'kub Aiyub Kadir
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.508 KB) | DOI: 10.20473/ydk.v36i1.13561

Abstract

The establishment of the New International Economic Order (NIEO) has been underpinning the development of international law. The shortcomings of this struggle should be seen as a lesson-learn to step forward in the future. It is also essential to harmonise the economic justice relationship among all countries in the world regardless the developed or the developing countries. The sustainable struggle in the world economic sphere will appear as a shout from the perceived disadvantaged countries from an economic competition in the world.  The establishment of the right to development that have been adopted in international law is a part of journey of TW struggled in international relation. The paper is simultaneously based on the perception of understanding of principles of  NIEO coupled with scepticisms toward this principles and auto criticism of that scepticism in order to be a proposal as a source of international law in future
Interfaith Marriage in Indonesia: a Critique of Court Verdicts M. Ya'kub Aiyub Kadir; Fachrian Rzki
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.38099

Abstract

This paper investigates the deviation of court decisions legalising interfaith marriage, as against Article 1 and Article 2 Paragraph (1) of Act Number 1 of 1974 concerning Marriage. Such a notion is discussed by the norms of six major religions in Indonesia. This paper utilises the doctrinal approach by analysing norms and their interpretation in practice. Doing so reconfirms the validity of marriage based on the One and Only God in which its performance ought to follow the rule of the respective religion and faith, which invalidates marriages between people of different religions. Interfaith marriage may be considered legal by one religion but unlawful by another. It simply means that the conformity between religious laws will render the status of legality of interfaith marriage. This paper found there is possibility that interfaith marriage may considered legal. Nevertheless, the judge and all concerned parties need to be aware of the laws of the respective religions and beliefs if one prohibits interfaith marriage. Even if the other permits it, the marriage will be considered unlawful by the prohibiting religion.