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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Suara Hukum Indonesia Law Review (ILREV) Mahadi : Indonesia Journal of Law Student Journal of International Law
Kadir, M. Yakub Aiyub
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PEACE AGREEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND FREE ACEH MOVEMENT: ITS NATURES AND CHALLENGES Kadir, M. Yakub Aiyub
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This paper will assess the progress and challenges of the peace agreement between the Government of Indonesian and Free Aceh Movement (MoU Helsinki) post the enactment of the Law on Aceh Government 11/2006 (LAG), particularly on the vulnerability status of MoU both in national and international legal system. Using normative approach and analysing data from local, national and international sources to describe the recent implementation of MoU. It confirms that after eleven years security and political aspect has been demonstrated, while economic and human rights-related issues remain left behind. Therefore this paper argues that the legalization of MoU in the international procedural system will ensure the compliance of agreement, and strengthen sustainable peace in Aceh-Indonesia context.
REVISITING SELF-DETERMINATION CONFLICTS IN INDONESIA: AN INTERNATIONAL LAW PERSPECTIVE Kadir, M. Yakub Aiyub
Indonesia Law Review
Publisher : UI Scholars Hub

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Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, the relationship between the central government in Java and some regional communities has been fluctuating for decades after the independence. This paper examines three conflicts over the rights of self-determination in in three areas in Indonesia by reflecting on the historical background of Indonesia’s struggle for self-determination. Besides that, it also seeks to demonstrate the way Indonesia’s integrity has been negotiated to accommodate internal and external forces to achieve self-determination from international law perspective. Furthermore, this paper also contributes to the scholarly discussion on the concept of self-determination and the conflicts that it caused in Indonesian context, while also proposing some insights into the efforts to preserve Indonesia’s unity and integrity for years to come.
INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM (SVLK): IN PURSUIT OF SUSTAINABILITY IN FOREST GOVERNANCE Kadir, M. Yakub Aiyub
Indonesia Law Review
Publisher : UI Scholars Hub

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This paper investigates the Indonesian Timber Legality Assurance (Sistem Verifikasi Legalitas Kayu, SVLK) and its nature to produce legal wood under the European Union-Forest Law Enforcement Governance and Trade (EU-FLEGT) system. It is intended to ensure the exporting states control over legality of wood under new forest governance and its enforcement in EU market. Using a critical legal analysis, this paper argued that the SVLK could present legality in a formalistic way, but it could not guarantee the substantial meaning of benefit for sustainability, participatory and community. Therefore this paper contributes to provide a better understanding of the application of SVLK in Indonesia, along with reflecting some recommendations, as developing SVLK for domestic market, and replicating it into other exporting natural resources products. The comprehensive approaches for enforcing SVLK can lead to accelerate sustainability in more practical and grounded sense, to improve forest governance and welfare for local people therein.
Resolution of Land Disputes Through Mediation Siti Rahmah; Kadir, M. Yakub Aiyub; Megawati, Cut; Astini, Dewi; Sulfi, Aina
Mahadi: Indonesia Journal of Law Vol. 3 No. 01 (2024): Edisi Februari 2024
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/mah.v3i01.15763

Abstract

This study delves into mediation as a means of dispute resolution, particularly outside the courtroom, contrasting with the prevalent use of courts, especially in land dispute cases. It highlights mediation as a direct process with enduring positive effects, aiming to achieve peace and mutually beneficial solutions while ensuring no party is harmed. The resulting agreement from mediation holds legal weight and is considered final, bolstered by a peace agreement signed between the involved parties and the mediator. The study aims to evaluate the efficacy of mediation as a conflict resolution tool outside the courtroom, culminating in a documented agreement. Employing normative legal research methods with a statutory approach, the study meticulously examines all relevant laws and regulations. Data collection utilizes literature review methods, providing a comprehensive reference base to support research on the role of mediators in dispute resolution. The gathered information is systematically compiled and analyzed using descriptive methods. In conclusion, mediation has demonstrated its effectiveness as an alternative to court proceedings in settling disputes. The mediator, acting as a facilitator, helps the parties reach an agreement. The outcomes of mediation, documented in the peace agreement, are registered in court, providing legal validity and conclusiveness to the agreed-upon terms.
THE ROLE OF INTERNATIONAL AGENCIES IN MANAGING ROHINGYA REFUGEES IN ACEH PROVINCE, INDONESIA: TOWARDS FUTURE SOLUTIONS Kadir, M. Yakub Aiyub; Kesuma, T. Meldi; Siregar, M. Ridha; Halim, Hendra; Siregar, Muhammad Rizqi; Humaira, Radhia; Nisva, Raisa Ullya; Saddaq, Mizan
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31614

Abstract

This study explores the management of Rohingya refugees in Aceh, focusing on the roles and responsibilities of key stakeholders with reference to United Nations High Commissiners for Refugees (UNHCR) and International Organsiasiton of Migration (IOM). Through social legal and emperical methods, including interviews and field observations, the article identifies challenges and potential solutions related to refugee management. The findings highlight the crucial role of UNHCR in providing protection and essential aid to Rohingya refugees, encompassing registration, documentation, and basic necessities. Simultaneously, IOM plays a pivotal role in facilitating orderly migration and advocating for human rights. The study also sheds light on a shift in local attitudes towards refugees, influenced by media misinformation and political motivations. Both organizations collaborate with the Indonesian government and local NGOs to address these issues, emphasizing the need for more comprehensive and long-term strategies. Recommendations include enhancing communication strategies, improving integration programs, and tackling the root causes of displacement. The study underscores the importance of a coordinated approach to support and safeguard Rohingya refugees.
The Reform of Consumer Protection Law: Comparison of Indonesia, Vietnam, and Ghana Kadir, M. Yakub Aiyub; Arifin, Miftah; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai; Nutako, Briggs Samuel Mawunyo
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p255-278

Abstract

Consumer protection has become a major challenge in Indonesia, Vietnam, and Ghana, facing gaps in information, bargaining power, and access to legal justice, especially in the context of technological development and globalization. This research seeks to evaluate the comparison in the area of consumer protection law between Indonesia, Vietnam, and Ghana and what legal reforms can be adopted in the case of Indonesia from best practices in Vietnam and Ghana. The study is a normative legal research in which the conceptual and the regulatory approaches are utilized to assess the laws on consumers in Indonesia, Vietnam, Ghana, and by examining of different legal documents i.e. primary, secondary, and tertiary sources and after that employing descriptive qualitative analysis on the data. The results show that countries, including Indonesia, Vietnam, and Ghana vary widely across and between themselves regarding the nature of the laws, the supervision exercised, and even the enforcement of the laws. Indonesia is guided by the Consumer Protection Law (UUPK) with BPKN and BPSK as the overseeing bodies, while Vietnam is guided by the Law on Protection of Consumer Rights (LOPCR) which is enforced by the VCCA. Ghana which is at the moment developing a Consumer Protection Act is guided by the Food and Drugs Authority (FDA) in enforcing product supervision. All the three countries have a low consumer population even where the law is enforced and this has developed into a problem. In making practices and market interactions in Indonesia more transparent, it could apply solutions from Vietnam on information sharing and electronic dispute resolution and also consolidate the position of BPKN as it was done in Ghana in order to afford more efficient control over and defense of a digital market place against illicit activities
A Call For Respect: Analyzing Quran Burning, Human Rights, and The Islamic Law Perspective Kadir, M. Yakub Aiyub; Jannah, Dara Raihatul; Listriani, Sophia; Kurniasari, Eka; Farsia, Lena; Roesa, Nellyana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.5271

Abstract

The burning of the Quran, widely regarded as the holy book of Islam, has sparked significant outrage and debate across various European Union states, particularly in Sweden. This provocative act raises critical questions about the balance between individual freedom of expression and the respect for religious beliefs. The European Union, through its commitment to democratic principles, often upholds freedom of expression as a fundamental right. However, this raises the issue of whether such expressions can rightfully include acts that are deeply offensive to large segments of the population, particularly religious communities. This paper explores these tensions within the framework of the development of the international human rights system, providing a nuanced analysis of responses from Muslim scholars, organizations, and associated states. It also scrutinizes the impact of Western human rights paradigms on global practices, specifically in contexts such as Indonesia. This paper found a fundamental crisis of western based of human rights and the lack of sound argument from muslim world to contribute to this lacking.
Co-Authors Astini, Dewi Disantara, Fradhana Putra EKA KURNIASARI Farsia, Lena Halim, Hendra Humaira, Radhia Jannah, Dara Raihatul Kesuma, T. Meldi Listriani, Sophia Megawati, Cut Miftah Arifin Nellyana Roesa Nisva, Raisa Ullya Nutako, Briggs Samuel Mawunyo Saddaq, Mizan Siregar, M. Ridha Siregar, Muhammad Rizqi siti rahmah Sulfi, Aina Thuong, Mac Thi Hoai