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All Journal Mulawarman Law Review Risalah Hukum
Mahendra Putra Kurnia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Status of MoU Determining The Limits of The Territory Area Between Indonesia and Malaysia Dwi Ambarina Rita Kadarsih; Putra Kurnia, Mahendra; Hidayatullah, Syukri
Jurnal Mulawarman Law Review Vol 5 No 2: Mulawarman Law Review - December 2020
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v5i2.343

Abstract

The border region is the front territory of the country jurisdiction and posses an important role in the matter of enforcement of national law sovereignty. Sebatik Island owned by two countries, Indonesia and Malaysia. Demarcation of territorial boundaries in Sebatik Island refers to Memorandum of Understanding between the Government of Malaysia and the Government of the Republic of Indonesia regarding Surveys and Demarcation of the Border Line of 1973 which is followed up with the results of a joint Surveys and Demarcation on the island of Borneo poured in the form of an advanced Memorandum of Understanding containing each boundary point which has been agreed upon.From 1973 to 2017 there are 9 (nine) points of Outstanding Boundary Problem (OBP) on Sebatik Island that have not been agreed by both countries. The boundary disputes have led to unclear legal status of Sebatik Island's land border territory within the framework of international treaty law and also led to the uncertainty of the status of the MoU as the legal basis for the determination of state borders between Indonesia and Malaysia on Sebatik Island.This law research questioning two issue. First, what factors make the border region not yet regulated by international agreements on borders. Second, how the legal status of the 1973 Memorandum of Understanding in stipulate the point of demarcation between Indonesia and Malaysia in the perspective of international treaty law. Based on the research, the factor that caused the border area not yet been regulated by a definitive border agreement is the disparity of reference between Indonesia and Malaysia to determining the land boundary in Sebatik Island. Indonesia uses the provisions of 4o 10 'LU degree while Malaysia uses existing pillar references. This dispute involve the overlap of the Sebatik Island border area from both countries. Thus, the legal status of the 1973 Memorandum of Understanding has not been binding as law either in national law or as an agreement in international law.
Extrajudicial Killing dalam Kebijakan War on Drugs di Filipina Ditinjau dari Hukum Pidana Internasional Salasmita, Salasmita; Putra Kurnia, Mahendra; Erawaty, Rika
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.852

Abstract

The threat of drug abuse in the Philippines has prompted President Rodrigo Duterte to intensify a campaign to combat it, through the War on Drugs, a program to neutralize drug abusers. However, the implementation of the policy is allegedly loaded with serious human rights violations in the form of extrajudicial killings committed against civil society. This research aims to analyze whether extrajudicial killings carried out in the War on Drugs Policy during the administration of President Duterte were qualified as gross human rights violations and the application of international court jurisdiction over the situation. The research method used in this research is doctrinal research. The results showed that extrajudicial killings in the Philippines met the elements of crimes against humanity so that they could qualify as gross violation of human rights. The International Community has rightly sought to enforce the law on this situation through the International Criminal Court with President Duterte as the individual who must be held responsible.
Penanganan Terbaik Pada Kelebihan Kapasitas Lembaga Permasyarakatan Di Beberapa Negara Turnip Mega Marta; Putra Kurnia, Mahendra; Erawaty, Rika
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.1015

Abstract

This research is motivated by the fact that there are still many Correctional Institutions in several countries that experience overcapacity of residents caused by the orientation of the application of imprisonment. This normative research aims to find out the best form of handling related to the overcapacity of prisons in several countries and whether the best treatment in several countries can be applied in Indonesia to reduce the overcapacity of prisons in Indonesia. The research method used in this research is doctrinal law research. The results found from this study indicate that the increase in the overcapacity of prisons in several countries is due to the practice of imprisonment. Therefore, it is necessary to develop and increase the effectiveness of alternative criminals, and it is necessary to reform the criminal law legislation for certain types of crimes.
Legal Protection of Illegal Migrant Workers in Nunukan District Yahya Ahmad Zein; Putra Kurnia, Mahendra; Heni Sutra
Jurnal Mulawarman Law Review Vol 6 No 1: Mulawarman Law Review - June 2021
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v6i1.691

Abstract

Nunukan Regency, which borders Sabah and Sarawak, Malaysia has problems regarding the repatriation of Indonesian Citizens in the capacity as Indonesian Migrant Workers who working in Malaysia. The repatriation is related to immigration violations such as not having complete documents to enter Malaysian territory as a worker, so it can be categorized as illegal Indonesian Migrant Workers. This research uses a doctrinal approach by reviewing the regulations related to migrant workers plus analysis of documents and data obtained from in-depth interviews with the Placement and Protection of Indonesian Migrant Workers Agency in Nunukan and Immigration in Nunukan. Legal protection for illegal Indonesian Migrant Workers through the Placement and Protection of Indonesian Migrant Workers Agency and Immigration in Nunukan is taken in 3 (three) ways, (1) prevention of non-procedural illegal Indonesian Migrant Workers; (2) deportation; and (3) the return of illegal Indonesian citizens/Indonesian Migrant Workers to their hometown. The efforts to protect the law are coupled with the closure of illegal cross-border routes between Indonesia and Malaysia in the Nunukan Regency area. It is hoped that all legal protection efforts will minimize the presence of illegal Indonesian Migrant Workers.
Legal Status of MoU Determining The Limits of The Territory Area Between Indonesia and Malaysia Dwi Ambarina Rita Kadarsih; Putra Kurnia, Mahendra; Hidayatullah, Syukri
Jurnal Mulawarman Law Review Vol 5 No 2: Mulawarman Law Review - December 2020
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v5i2.343

Abstract

The border region is the front territory of the country jurisdiction and posses an important role in the matter of enforcement of national law sovereignty. Sebatik Island owned by two countries, Indonesia and Malaysia. Demarcation of territorial boundaries in Sebatik Island refers to Memorandum of Understanding between the Government of Malaysia and the Government of the Republic of Indonesia regarding Surveys and Demarcation of the Border Line of 1973 which is followed up with the results of a joint Surveys and Demarcation on the island of Borneo poured in the form of an advanced Memorandum of Understanding containing each boundary point which has been agreed upon.From 1973 to 2017 there are 9 (nine) points of Outstanding Boundary Problem (OBP) on Sebatik Island that have not been agreed by both countries. The boundary disputes have led to unclear legal status of Sebatik Island's land border territory within the framework of international treaty law and also led to the uncertainty of the status of the MoU as the legal basis for the determination of state borders between Indonesia and Malaysia on Sebatik Island.This law research questioning two issue. First, what factors make the border region not yet regulated by international agreements on borders. Second, how the legal status of the 1973 Memorandum of Understanding in stipulate the point of demarcation between Indonesia and Malaysia in the perspective of international treaty law. Based on the research, the factor that caused the border area not yet been regulated by a definitive border agreement is the disparity of reference between Indonesia and Malaysia to determining the land boundary in Sebatik Island. Indonesia uses the provisions of 4o 10 'LU degree while Malaysia uses existing pillar references. This dispute involve the overlap of the Sebatik Island border area from both countries. Thus, the legal status of the 1973 Memorandum of Understanding has not been binding as law either in national law or as an agreement in international law.
Co-Authors Dwi Ambarina Rita Kadarsih Heni Sutra Rika Erawaty Salasmita, Salasmita Syukri Hidayatullah Turnip Mega Marta Yahya Ahmad Zein