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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Jurnal Hukum & Pembangunan
Hadi Rahmat Purnama, Hadi Rahmat
Faculty Of Law, Universitas Indonesia, Indonesia
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Asylum Seekers and Refugee Management: (Im)Balance Burden Sharing Case between Indonesia and Australia Arie Afriansyah; Hadi Rahmat Purnama; Akbar Kurnia Putra
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1145.pp70-100

Abstract

Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The “Bali process” is one of Indonesia and Australia's arrangements to lead the region in tackling forced migration and refugees. Unfortunately, despite their “common” interests, many of Australia's policies towards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nationally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indonesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by managing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.
Strengthening Indonesia’s Strategic Trade Management Regulation Against Proliferation of Weapons of Mass Destruction Purnama, Hadi Rahmat; Permana, Rizky Banyualam; Afriansyah, Arie
Brawijaya Law Journal Vol. 11 No. 1 (2024): Economic Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.01.01

Abstract

International law governing the control of WMD proliferation cannot solely focus on state actors but must also include non-state actors. To address the risks and combat the proliferation of WMD by non-state actors through the ordinary course of trade, the UNSC issued Resolution 1540, which contains the obligation to adopt domestic policies to prevent WMD proliferation. Indonesia has a legal obligation to comply with and implement this resolution under international law. This paper discusses the need assessment for Indonesia to enact a solid regulatory framework to implement Strategic Trade Management (STM). This paper questions how STM regulations are governed in the Indonesian context presently and how they should be regulated better to accommodate contemporary dynamics. This study is a legal and policy study involving literature review or desk research. Literature review involves gathering data and information such as literary texts, policy papers, legislative regulations, and other relevant documents.  This study finds that even though Indonesia had already implemented some form of STM policy through export-import control and restriction (larangan dan pembatasan), it still left out the gap in properly regulating dual-use goods. Strategic goods regulation in Indonesian legislation is not intended in the context of dual-use goods, as export/import restrictions are designed to enhance Indonesia’s product competitiveness and market expansion, both domestically and internationally, increase the capabilities of exporters/importers, and enhance national product development and innovation. Implementation of STM policy One of the objectives that can be achieved is maintaining national security, especially in providing a sense of security for the Indonesian people and businesses. Implementing STM will also benefit businesses by reducing the risk of financial losses, such as being involved in export/import transactions prohibited by other countries or even by Indonesia. Moreover, by implementing STM, it is not unlikely that investment from countries with high technology will increase.
Masyarakat Sipil Dan Mekanisme ASEAN Intergovernmental Commission On Humang Rights: Studi Kasus International Human Rights Treaty Bodies Purnama, Hadi Rahmat
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Abstract
Asylum Seekers and Refugee Management: (Im)Balance Burden Sharing Case between Indonesia and Australia Arie Afriansyah; Hadi Rahmat Purnama; Akbar Kurnia Putra
Sriwijaya Law Review Volume 6 Issue 1, January 2022
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol6.Iss1.1145.pp70-100

Abstract

Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The “Bali process” is one of Indonesia and Australia's arrangements to lead the region in tackling forced migration and refugees. Unfortunately, despite their “common” interests, many of Australia's policies towards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nationally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indonesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by managing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.
Bahasa Inggris Hafina Haula Arsy; Hadi Rahmat Purnama
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.2044

Abstract

Generative artificial intelligence (AI) has created new forms of child sexual abuse material that challenge existing child protection and cybercrime frameworks. This study explores the extent to which the national legal framework can address AI-generated child sexual abuse material (AI-CSAM), including semi-synthetic and fully synthetic materials. It also evaluates whether the state has fulfilled its obligations to protect children’s rights, as a component of human rights, in digital environments. This study employed a doctrinal legal research methodology, utilizing statutory and conceptual approaches. The analysis is grounded in a human rights-based approach and the theory of state obligations, with a focus on four principles of state obligation in the context of children’s rights protection: non-discrimination, the best interests of the child, participation, accountability, and the duties to respect, protect, and fulfill children’s rights. The study finds that existing legal frameworks function in a fragmented and insufficiently responsive manner to the technological characteristics of AI-generated abuse materials, particularly deepfake manipulation, prompt-based generation, synthetic victims, the abuse of datasets, and the legal obligations of digital platforms and AI developers. The state’s obligations remain only partially fulfilled due to inadequate procedures for handling digital evidence, preventing revictimization, regulating corporate responsibility, facilitating child-friendly mechanism for content reporting and removal, supporting victim recovery, coordinating institutions, and strengthening AI-specific enforcement capacity. This study conceptualizes AI-CSAM as a distinct form of technology-enabled sexual exploitation, extending beyond conventional online abuse and deepfake cases. The study argues that a more explicit, child-centered, and preventive legal framework is necessary to ensure effective protection, reporting, content removal, accountability, and recovery.
Co-Authors Akbar Kurnia Putra Arie Afriansyah Hafina Haula Arsy Permana, Rizky Banyualam