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All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Lampung Journal of International Law (LaJIL) Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Student Journal of International Law Kanun: Jurnal Ilmu Hukum Student Journal of International Law

M. Ya’kub Aiyub Kadir

(Scopus ID: 57205682566) Universitas Syiah Kuala

Author-ID : 3318653

Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 13 Documents Claim Missing Document

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Articles

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TRIAL CRIME OF MURDER IN INDONESIAN CRIMINAL LAW (A PUNISHMENT PERSPECTIVE) Akbar Rifqy Kautsar; M. Ya’kub Aiyub Kadir
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 5, No 1: Februari 2021
Publisher : Fakultas Hukum Universitas Syiah Kuala

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- Trial to commit a criminal act can be interpreted as an act intended to realize what is categorized by law as a criminal act, but the act does not succeed in realizing the original plan to be achieved. It has already begun, but it is not finished. The purpose of this thesis is to investigate the criminal act of trial crime of murder in the (KUHP), and the judge's consideration in imposing a sentence for trial crime of murder in Indonesia, as also called a punishment perspective. The study finds that the sentence for a person who commits the crime of trial crime of murder has a one-third reduction of the sentence in the main criminal offense. The judges' considerations the object of the research were in the form of intention, initiation of implementation, and incomplete actions due to reasons other than the perpetrator. This research uses normative legal research method. Normative legal research is process to find legal rules, legal principles, and doctrines of law. based on the KUHP namely Article 338 juncto articles 53, The judge should define in determining the length of the sentence imposed, as well as pay attention to the mental state and motive of the perpetrator to commit the act, so that there is no punishment disvarities.Keywords: Trial; Trial Crime; Murder; Trial Crime of Murder; KUHP Indonesia.

DIFFERENCE IN FAITH AS AN ULTIMATE REASON IN SUBMITTING DIVORCE LAWSUITS IN INDONESIAN FAMILIES OF DIFFERENT RELIGIONS Fachrian Rizki; M. Ya’kub Aiyub Kadir
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 5, No 1: Februari 2021
Publisher : Fakultas Hukum Universitas Syiah Kuala

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As the issuance of various Indonesian Court Decisions which permit couples of different religion to perform marriage, marriage between people of different religion becomes a common practise among the nowadays society. These families of different religions, as another families, certainly may be faced with any kinds of household problems, which in some cases lead to divorce lawsuits before District Court of their domicile. I argue that the difference in faith used as an ultimate reason in submitting divorce lawsuits before the court, whereby difference in faith said as the cause of the failure of marriage’s intention, id est to establish a happy and eternal family. In this regard, this research will be conducted by analysing and interpreting the collected data, id est Secondary Data Source which obtained through library research, in order to discover the backgrounds underlying them. Key Words: Difference in Faith, Divorce Lawsuits, Indonesian Court Decisions, Families of Different Religions.

THE WORLD TRADE ORGANIZATION (WTO) FREE TRADE WITHIN FAIR TRADE CHALLENGES M. Ya’kub Aiyub Kadir
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 26, No 1 (2014)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Free trade and fair trade are considered an ambiguous term with relative meanings of identification. Objectively, free and fair trade does not mean completely free and fair, but it means trade under binding rules obeyed by member countries as a consequence of their commitment after signing and ratification of the WTO agreements. Hence, this paper aims at exploring the issue and does an effort to harmonise between free trade and fair trade within the WTO system. Perdagangan bebas dan perdagangan yang adil adalah dua istilah yang ambigu maknanya. Secara obyektif, perdagangan bebas tidak bermakna bebas dan adil seluruhnya, tetapi bermakna sebuah perdagangan di bawah aturan-aturan mengikat setelah negara anggota menandatangani dan meratifikasi kesepakatan WTO. Tetapi dalam realitas kebanyakan Negara, terutama negara berkembang tidak mampu untuk membuka pasar dan menurunkan tarif secara keseluruhan. Persoalan tidak berimbangnya kekuatan, kurang demokrasi, krisis legitimasi dan dobel standar dalam WTO sistem merupakan sebuah tantangan yang masih berlanjut. Paper ini akan mengkaji persoalan ini dan berupaya mengharmonisasikan antara perdagangan bebas dan adil dalam sistem WTO.

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

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

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

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

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

Shackling Persons with Mental Disability in International Human Rights Law and its Implementation in Indonesia M Yakub Aiyub Kadir; Dara Rizki Fadillah
Lampung Journal of International Law Vol. 5 No. 1 (2023)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v5i1.2895

This article investigates the implementation of human rights protection for persons with a mental disability who are being shackled and its challenges in Indonesia. Using a doctrinal and empirical approach, this article found that laws and regulations concerning persons with mental disabilities are yet not fully in line with international human rights law, and governments’ efforts to free persons with mental disabilities from shackling eventually have succeeded in reducing the number of shackling cases, however, have not been fully effective. Other obstacles in their community and family, such as stigma, discrimination, and lack of public knowledge about mental health, can hinder fulfilling the rights of persons with mental disabilities. It is recommended to revise articles or laws and regulations which infringe international law and scale up efforts, whether in funds allocation or human resources, facilities, and access to affordable, adequate rights-based mental health services.

Hull Formula and Standard of Compensation for Expropriation in Postcolonial States M. Ya’kub Aiyub Kadir
Kanun Jurnal Ilmu Hukum Vol 19, No 2 (2017): Vol. 19, No. 2, (Agustus, 2017)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The contentious issue dealt with economic sovereignty for host states after decolonisa-tion process is foreign investment protection from expropriation by newly independent states. Hull formula has been widely used as an international law standard for compen-sation of expropriation. However, this standard has perceived as an unfair treatment from the former coloniser to its former colony. Even there has been an assumption that the existence of this standard is merely to protect and to maintain the economic dominance of developed states and their multinational companies in the Third World. This issue will be viewed through critical legal studies methodology, to assess the extent to which the ‘hull formula’ standard compatible to current need of postcolonial states. It would contribute to conceptual understanding and to attempt to reformulate the international standard of expropriation based on justice and fairness in postcolonial context. Hull Formula dan Standar Kompensasi dari Expropiasi di Negara-Negara Poskolonial ABSTRAK: Setelah progam dekolonisasi negara-negara jajahan, salah satu isu yang mencuat dalam hukum internasional adalah perlindungan investasi asing dari nasionalisasi negera negara baru merdeka. Dalam hal ini hull formula yang mulanya didesain oleh negara Amerika terhadap Mexico, digunakan sebagai standar kompensasi dari nasionalisasi. Dari perspektif negara negara poskolonial standar ini dianggap tidak adil, bahkan standar ini digunakan hanya untuk memperkuat dominasi negara negara penjajah di bekas jajahannya. Dengan menggunakan metodologi kajian hukum kritis, tulisan ini ingin mengkaji sejauhmana relevansi hull formula untuk diterapkan dalam konteks negara-negara poskolonial. Tulisan ini diharapkan dapat berkontribusi untuk pemahaman konsep tentang standar kompensasi terhadap nasionalisasi di negara negara poskolonial, dan dapat membuka wacana merumuskan kembali standar secara lebih fair dan adil dari perspektif negara postkolonial.

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

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.

Co-Authors Akbar Rifqy Kautsar Dara Rizki Fadillah Fachrian Rizki Farah Fadhilah Muhammad Fajri Raudhatul Jannah Rizka Safna Amanda Sri Muliana Azhari

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