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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Jurnal Cahaya Mandalika
Eno Prasetiawan
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Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Berakhirnya Memorandum of Understanding Antara Pemerintah Indonesia dan Malaysia Tahun 2006 Tentang Domestic Workers Menurut Konvensi Wina 1969 Eno Prasetiawan; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The Government of Indonesia and Malaysia made an International treaty in the form of a Memorandum of Understanding (MoU) on Domestic Workers or about the recruitment and placement of Indonesian migrant Workers (TKI), especially domestic helpers (Housemaid) or so-called female workers informal sector in Malaysia in 2006 applicable 5 years. In practice, in 2009 Indonesia suspend implementation of the agreement to a moratorium on sending migrant workers to Malaysia for reasons of torture cases migrant workers in Malaysia. Furthermore, the MoU was amended in 2011 to change some settings on legal protection for migrant workers in Malaysia. As known in international law which applies the principle of pacta sunt servanda, where the agreement was binding and enforceable as a law for the parties.The problems posed in this paper is about the termination of the MoU Indonesia and Malaysia in point of view of the Vienna Convention 1969 and Indonesian Act No. 24 of 2000 about International Treaties, legal protection for workers contained in the MoU, and legal protection for workers after the expiry of the MoU. This research is a normative study, which examines the legal principle.From this research, it can be seen a few things. First, that the expiry of the MoU and amendment procedures are actually the MoU is in conformity with the agreement of the parties as to which is set also in the Vienna Convention of 1969 and Indonesian Act No. 24 of 2000 on International Treaties. Second, the legal protection for workers contained in the MoU is weak, because the MoU is set to a technical recruitment and placement of migrant workers and not paying attention more specifically on the protection of Indonesian migrant workers in Malaysia. Third, after the amendment of the MoU there are some changes for the better, but still not able to reach better legal protection for Indonesian domestic workers.Keywords: termination of the agreement, MoU, Indonesian Workers Protection Law.
IMPLEMENTASI HUKUM INTERNASIONAL TERHADAP KEJAHATAN GENOSIDA PADA ETNIS ROHINGYA Ilhamda Fattah Kaloko; Eno Prasetiawan; Mustika Sukma Utari
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 3 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i3.1954

Abstract

Humanitarian law is a set of rules based on international treaties and international customs that limit the powers of belligerent parties to use the means and means of war to defeat the enemy and regulate the protection of war. International humanitarian law is closely related to human rights (hereinafter referred to as human rights), both of which concern the right to protection and the existence of human beings that must be guarded and protected when related to threats of violence and violations that occur to humans when war occurs. Problems regarding human rights violations are related to the protection of human dignity from crimes, especially international crimes that are cruel and have a broad impact on humanity. The formulation of the research problem: 1) The crime of genocide that occurred against the Rohingya ethnicity in the perspective of international criminal law? 2) Accountability for the crime of genocide against the Rohingya? Research conclusions: 1) If a crime does not contain an international dimension, then there is the main condition, namely the touch of universal human values, legal awareness and a sense of justice for mankind. Although there is no international dimension in it, but the incident can be said to be an international crime because it caused reactions, sympathy, and condemnation by the entire international community for such heinous and inhumane acts. 2) The responsibility for all inhumane treatment of the Rohingya Ethnic, seen from the Rome Statute setting regarding individual and command responsibility can be punished. The responsibility in the ICC is that the Court adheres to individual criminal responsibility (Individual Criminal Responsibility) which in Article 25 paragraph (1) of the Court's jurisdiction is over persons or individuals who must be responsible for the crimes they have committed as stipulated in the ICC Statute.
Co-Authors Kaloko, Ilhamda Fattah Mexsasai Indra Mustika Sukma Utari Widia Edorita