Dyah Ridhul Airin Daties
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

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Journal : PATTIMURA Law Study Review

Kekuatan Hukum Memorandum of Understanding Bagi Perlindungan Pekerja Migran Indonesia Astriyani Irawan; Arman Anwar; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10098

Abstract

ABSTRACT: The governments of Indonesia and Malaysia agreed on a Memorandum of Understanding or MoU on the Placement and Protection of Indonesian Migrant Workers (PMI) in the Domestic Sector in Malaysia. However, three months after the signing, the Government of Malaysia proved to have not carried out the contents of what had been agreed upon in the agreement. Purposes of the Research: Adding knowledge to the author about how the position and legal power of signing a memorandum of understanding or Memorandum of Understanding (MoU) for the protection of migrant workers (PMI) and as input material for academics, government, society, especially PMI candidates and can also be useful for parties who wish conducting research in the same field. Methods of the Research: normative legal research. The nature of the research is descriptive analysis by examining library materials using the Act approach, Concept Approach, and Case Approach. The use of legal material sources consists of primary and secondary legal materials to discuss the formulation of the problem. Results of the Research: The MoU has binding power in providing protection for Indonesian Migrant Workers who are in Malaysia. One of the implications of the MoU is the abolition of the online maid system (SMO) and replaced with a One-channel system (OCS). It is suggested to the Government of Malaysia to respect the provisions agreed in the MoU. Also to the Government of Indonesia to continue monitoring and evaluating the implications of the MoU on the Protection of Indonesian Migrant Workers (PMI) in Malaysia.
Tinjauan Perjanjian Internasional Terhadap Kerja Sama Mikro Ezra Raphael Timotius; Popi Tuhulele; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11775

Abstract

International Treaties are sources of international law that have the basis of international legal force. Countries in the Southeast Asian region agreed to create a safe and peaceful atmosphere for the region by forming an organization called ASEAN. ASEAN formed the ASEAN Economic Community (AEC) which is a form of economic integration in the Southeast Asian region. AEC aims to assist ASEAN integration through AEC (ASEAN Economic Community). Each ASEAN member country pays attention to strategies, policies for the empowerment of MSMEs, including in Indonesia. The purpose of the study is to analyze and know about ASEAN cooperation, especially AEC in Micro Cooperation (MSMEs) in ASEAN and to analyze and find out the implementation of MSME micro cooperation agreements implemented in Indonesia. This research method used is normative juridical. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials are primary, secondary, and tertiary. Collection of legal materials using literature studies. Furthermore, the analysis of legal materials on MSME trade, ASEAN, and their relationships in International Agreements is analyzed and processed systematically so that the results are expected to answer this research problem. The results of the study found that the AEC cooperation relationship has a positive impact on MSME microeconomic cooperation in ASEAN. The presence of AEC is the basis and legal basis, important for MSME microeconomic cooperation. The implementation of the AEC cooperation agreement for Indonesian MSMEs has been going well, but there are still several obstacles that need to be overcome. These problems are related to funding, availability of natural resources, and lack of human resources. These things are still a challenge for Indonesia in competing with other countries.
Tanggungjawab Negara Terhadap Pelanggaran Hak Asasi Manusia Berat Alessandro Willem Selfiano Everhard Kuhuparuw; Lucia Charlota Octavina Tahamata; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11777

Abstract

Gross human rights violations have been regulated in Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts. But in reality, gross human rights violations still occur in Indonesia, one of which occurred in South Aceh known as the Jambo Keupok tragedy. The Jambo Keupok tragedy began with information conveyed by an informant to TNI members that Jambo Keupok Village became the base of the Free Aceh Movement (FAM). International law has provided a solid foundation for effective punishment of perpetrators gross violations of human rights, among others Article 4 of the Convention Against Torture and Other Cruel; In Human or Degrading Treatment or Punishment and According to Article 17 paragraph (1) of the Rome Statute of 1998, the government's responsibility regarding gross human rights violations in Jambo Keupok Aceh proceeded very slowly. This is influenced by 2 main things, namely: there is no official recognition in the Indonesian government that the event was a gross human rights violation and the second because of the Aceh tsunami disaster. After the Aceh tsunami, the Indonesian government has carried out reconciliation. Finally, in 2023, the Government of Indonesia, in this case, President Jokowidodo has determined that the Jambo Keupok Aceh incident is a gross human rights violation.