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Journal : Student Journal of International Law

RIGHT TO EDUCATION OF CHILDREN IN CONFLICT WITH THE LAW AT LEMBAGA PEMBINAAN KHUSUS ANAK (LPKA) CLASS II JAKARTA, INDONESIA Farah Fadhilah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (627.662 KB) | DOI: 10.24815/sjil.v1i2.19275

Abstract

The  protection of the right to education for Children in Conflict with the Law in Indonesia in relation to  International Human Rights Law is quesionable. This paper explores the fulfillment of the right to education in LPKA Jakarta towards Children in Conflict with the Law from January 2018 to March 2020. This shows that the education rights for minor offenders are in line with International Human Rights Law; however, minor offenders at LPKA Jakarta have not been able to receive Formal as well Non-Formal Education. The Indonesian legislator needs to revise the National Education System to accommodate a provision regarding the formal education for children in minor offenders; and full supports to fulfill the right to education at the LPKA Jakarta is required. Keywords: Right to Education, Children in Conflict with the Law, LPKA Jakarta.
PROTECTION OF CHILD REFUGEES UNDER INTERNATIONAL LAW Sri Muliana Azhari; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 2: December 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (479.69 KB) | DOI: 10.24815/sjil.v1i2.19280

Abstract

International law has a vital role in securing more excellent protection for refugee children. There are 82.4 million people fleeing war, violence, persecution, and human rights violations in 2020 globally, 42% of refugees are children under the age of 18. Therefore this study raised the question of what international conventions govern child refugees. This research uses normative research.The results found that the 1951 refugee convention and the 1967 protocol are international arrangements regulating refugee children. Simultaneously, the Convention on the right of Children (CRC) also offers more detailed and comprehensive legal guidelines on child care, including refugee children. Those two conventions have contributed to firm legal protection for child refugees, but there is also a weakness when a country only ratifies one of them. Thus, for legal certainty, a new legal instrument in the form of a convention on the rights of child refugees is needed to fulfill the rights of child refugees properly. Keywords: International protection, International refugee law, Child refugee. 
CHILD MARRIAGE CONDITIONALITY AND ITS DISPENSATION IN MAHKAMAH SYAR’IYAH ACEH, INDONESIA Raudhatul Jannah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (230.481 KB) | DOI: 10.24815/sjil.v1i1.18078

Abstract

This research aims to explain the policy regarding the conditionality and its dispensation of child marriage and to find out the effectiveness of the Law Number 16 Year 2019 Concerning the Amendment of Law Number 1 Year 1974 Concerning Marriage Law as well as the implementation of child marriage conditionality in Aceh by analysing Mahkamah Syar’iyah decisions. This research uses normative empirical legal research which mostly discusses on the Marriage Law and focuses on the norms regarding the conditionality and its dispensation of child marriage that is regulated under the Marriage Law and the implementation in Aceh. Keywords : Child Marriage, Children Rights, Legal problems, Mahkamah Syar’iyah.
DOCUMENTATION BARRIERS FOR REFUGEES DURING THE COVID-19 PANDEMIC IN INDONESIA: A STUDY IN THE CITY OF LHOKSEUMAWE Muhammad Fajri; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 2, No 2: Desember 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v2i2.23668

Abstract

This paper assess  the documentation barriers for handling refugees during Covid-19, including vaccination  with reference to refugees in City of Lhokseumawe, Aceh Province, Indonesia. Equally,  the roles of UNHCR, the government, and the health office also be taken into account. The results showed that the role of UNHCR, the government, and the health service in handling refugees has not  optimally run because the shelter provided was not adequate, while  conducting PCR tests, distributing masks and hand sanitizer, and even vaccinating refugees is limited. The national rules related to the vaccination of Rohingya refugees are contained in Article 27 of the 2016 Presidential Regulation on Handling Refugees from Abroad. However, there are barriers and challenges for vaccinating refugees such as the documentation barriers and  the shotage of logistics. There are suggestions to add adequate shelters, provide masks and hand sanitizer, and carry out PCR tests in every activity carried out by refugees under the public health principle. So it should be there is no documentation barriers when public health is demonstrating