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All Journal Sriwijaya Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Indonesia Law Review (ILREV)
Rohaida Nordin, Rohaida
Faculty of Law Universiti Kebangsaan Malaysia
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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INEFFECTIVE REFUGEE STATUS DETERMINATION PROCESS: HINDRANCE TO DURABLE SOLUTION FOR REFUGEES RIGHTS AND PROTECTION Nordin, Rohaida; Nor, Norilyani Hj Md; Rofiee, Rosmainie
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

In any State of Asylum, the process of Refugee Status Determination (RSD) conducted by the United Nations High Commissioner for Refugees (UNHCR) is critical in facilitating asylumseekers to seek necessary protections. UNHCR ensures that asylum-seekers will not be returned involuntarily to the State of Origin where they could face persecution. As a long-term solution, UNHCR helps refugees to find appropriate and permanent solutions to their plights, either by repatriating them voluntarily to their homeland or assisting them to integrate into the States of Asylum or helping them to resettle in third States. In the absence of domestic legal protection in dealing with the refugees and asylum-seekers in Malaysia, a variety of operations are executed by UNHCR, including the admission, registration, documentation, and status determination of asylum seekers and refugees. To prevent the deportation of individuals qualified for international protection, UNHCR should reassess its RSD process in Malaysia, and consider alternative means that would be less burdensome and less risky for people who are fleeing violence and human rights violations. Primarily aimed at reassessing the RSD process in Malaysia using a doctrinal and comparative approach, the analysis is presented in four parts in this article. The first part provides for the definition and current statistics of refugee and asylum-seekers in Malaysia; the second part examines the mechanism of RSD conducted by UNHCR under international law; the third part focuses on how RSD operates in Malaysia; the last part reviews the mechanism of RSD in Indonesia and Brazil.
Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS) Nordin, Rohaida; Whelan, Jennifer; Aziz, Saidatul Nadia Abd.; Rajagopal, Meerah Deiwi
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia and five ASEAN State Members. This article also highlights the various stands taken by various countries providing better legal framework and practices regarding the terms for protection and enforcement of human rights for UMAS. Finally, this article provides recommendations for Australia and ASEAN Member States to adopt in order to realise the international human rights of UMAS with respect to guardianship.
Abused and Alone: Legal Redress for Migrant Domestic Workers in Malaysia Whelan, Jennifer; Nordin, Rohaida; Ishak, Ma Kalthum; Matwi, Nursyuhada
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have been breached. This article has identified the relevant policy, legislative and support mechanism (NGO and government) landscape in Malaysia regarding the realisation of the rights of migrant domestic workers in Malaysia to bring claims where their rights have been breached; best practice examples of the relevant policy, legislative and support mechanism landscapes in at least 2 ‘best practice’ MDW receiving countries regarding the realisation of the rights of MDW to bring claims where their rights have been breached; and potential opportunities for policy, legislative and support mechanism reform in Malaysia to further enhance the realisation of the rights of MDW in Malaysia specifically in relation to redress mechanisms for breaches of the rights of MDW.
Implementation of Prudential Banking Principles: State Responsibility in Combating Banking Crimes in Indonesia Sulistyandari, Sulistyandari; Afwa, Ulil; Sutrisno, Putri Ayu; Nordin, Rohaida
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i2.12132

Abstract

The primary function of banks is to gather public deposits and extend credit. While banks aim for profit, they also play a crucial role in enhancing societal welfare, which requires adherence to prudential principles. Unfortunately, banking crimes committed by managers often occur, adversely affecting both the institutions and the public. This study explores the application of prudential principles in banking as a state responsibility, the nature of violations associated with banking crimes, and the enforcement of Banking Law in Indonesia. The research analyzes court decisions related to banking crimes from 2015 to 2020, focusing on the relevant legal substances. Employing a judicial normative method that includes statutory, conceptual, and case analyses, the findings indicate that violations typically arise from managers with decision-making authority and access to internal data, leading to breaches of Banking Law and standard operating procedures (SOPs). Courts respond to these violations with criminal sanctions, while the Financial Services Authority (OJK) revokes licenses as necessary. Recommendations include appointing OJK supervisors with banking expertise and clarifying Article 49, paragraph (2), letter b of the Banking Law to prevent misinterpretation.
The Right to Bail in Extradition Proceedings: Malaysia’s Criminal Law Perspective Masri, Faizul Aswad; Nordin, Rohaida; Md Said, Muhamad Helmi
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3914.pp1-21

Abstract

This article delves into the issue of bail pending extradition in Malaysia. It adopts a doctrinal legal research methodology, focusing on analysing legislation and court decisions to objectively understand how current laws and practices determine bail applications within the context of Malaysian extradition law. The study reveals that Malaysia's Extradition Act 1992 does not explicitly provide for bail pending extradition, except under limited circumstances. Malaysian courts have utilised section 44 of the Extradition Act 1992 to apply bail provisions from the Criminal Procedure Code. The study finds that Malaysian courts adopt a cautious approach when determining bail applications in extradition cases. However, this judicial approach presents challenges, particularly in extradition cases involving offences governed by specific statutes other than the Criminal Procedure Code. The findings suggest that the reliance on section 44 should be re-evaluated to address these challenges. The article concludes by recommending further research to assess the need for an explicit and comprehensive provision for bail in the Extradition Act 1992 to ensure legal consistency and a uniform application across all types of offences.
Co-Authors Afwa, Ulil Aziz, Saidatul Nadia Abd. Ishak, Ma Kalthum Jennifer Whelan, Jennifer Masri, Faizul Aswad Matwi, Nursyuhada Md Said, Muhamad Helmi Meerah Deiwi Rajagopal, Meerah Deiwi Nor, Norilyani Hj Md Rofiee, Rosmainie Sulistyandari, Sulistyandari Sutrisno, Putri Ayu