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Journal : Student Journal of International Law

GOVERNMENT RESPONSIBILITY TO HIGHER EDUCATION FOR AFGHANISTAN REFUGEE IN INDONESIA Rizka Safna Amanda; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 3, No 1: August 2023
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v3i1.27220

Abstract

The article investigates Indonesian responsibility under international law to Afghanistan refugee on how far Indonesian government has provided educational rights to Afghanistan refugee, and how far the cooperation between Universities and UNHCR related to the implementation of the higher education of refugees in Indonesia. The data was gathered through library research and field investigation using a normative-empirical strategy. Literature research was conducted by studying books, public files on the official UNHCR website. Indonesia has not ratified the 1951 Convention and the 1967 Protocol relating to the status of refugees. However, Indonesia has ratified the Convention on the Rights of the Child (CRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which indicates that refugees are entitled to basic rights such as the right to education, which refers to basic education excluded higher education. It is suggested that the Indonesian government develop a sound legal products related to the right to education for refugees, ranging from basic education to higher education.
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 | 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 | 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 | 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.