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All Journal Varia Justicia JURNAL CENDEKIA HUKUM
Mohammad Hazyar Arumbinang
The University of Melbourne
Law, Crime, Criminology & Criminal Justice

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FREEDOM OF SPEECH UNDER INTERNATIONAL LAW: MYANMAR'S ANTI-COUP DEMONSTRATION VIOLENCE CASE Yordan Gunawan; Muhammad Nur Rifqi Amirullah; Vensky Ghaniiyyu Putri Permana; Mohammad Hazyar Arumbinang
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.414

Abstract

The paper aims to examine the position of international law against violence committed by the Myanmar military known as Tatmadaw, against Myanmar which held anti-coup demonstrations in Myanmar. The research used the normative legal research method, with the main source of data collection of legal material containing normative law. The results showed that Myanmar is one of the countries in Southeast Asia whose government has been dominated by the military. In early 2021, the Tatmadaw staged a coup against Myanmar's President Aung San Suu Kyi. The tragedy began in the 2020 elections, in which the National Democratic League (NLD) was elected as the majority to sit in Myanmar's parliament. However, Tatmadaw could have no election results and no coup. Burmese, who did not support a coup by Myanmar's military, made a massive dip in the streets. Tatmadaw performs violent acts for action until 2019. However, from the direction of the protesters, some protesters became victims of violence by the Tatmadaw. It reflects the restrictions on the freedom of speech of the People of Myanmar. Free speech is an important right of the People of Myanmar to be part of the good Human Rights face-to-face by international law through arbitrary ministers by the Tatmadaw. The Tatmadaw's acts of violence against Myanmar violate human rights set forth in the Universal Declaration of Human Rights (UDHR) in articles 19 and 29. In addition, freedom of speech is also governed by the International Covenant on Civil and Political Rights in article 19.
Rethinking Religious Freedom to Assure Harmonisation of Inter-Religious Life in Indonesia Mohammad Hazyar Arumbinang
Varia Justicia Vol 17 No 2 (2021): Vol 17 No 2 (2021)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v17i2.5689

Abstract

This article provides an in-depth analysis and a critical examination of the human rights protection instrument that does not govern the mechanism to resolve the problem of Freedom of Religion rights violation. This article use normative legal research with statutory and historical approaches. The data will be analysed by using descriptive-analytical analysis. This article reveals that Human Rights Protection, especially on the Right to Freedom of Religion, is still becoming a matter of concern for Indonesia. The right to freedom of religion or belief is a fundamental human right recognised in all the major human rights treaties. However, they are still inter-religious tensions and a lack of protection by the Indonesian Government. For example, the violence exploded in Karubaga, the capital of Tolikara district in Papua province. Dozens of stalls and houses were set on fire, which spread to a nearby mosque, reported as conducted by the members of the Christians Group. The recent incidents happened in Singkil, Aceh. In Indonesia a state with various religious diversity which recognises five religions and one thought, it still does not establish the strict protection of the freedom of religion. The law only provides the mechanism on how to resolve grave human rights violations. On the other side, the protection of the light-categorised violation still cannot be enforced. Based on this analysis, the paper offers practical recommendations and guidance for state officials to enhance the protection of all religious groups in expressing their thoughts and to assure the harmonisation of inter-religion life.
Co-Authors Muhammad Nur Rifqi Amirullah Vensky Ghaniiyyu Putri Permana Yordan Gunawan