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All Journal Jurnal Pacta Sunt Servanda Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Kadek Dhyan Wahyuni
Universitas Pendidikan Ganesha
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ASEAN DALAM MENYELESAIKAN KRISIS YANG TERJADI DI MYANMAR Hartana; Kadek Dhyan Wahyuni
Jurnal Pacta Sunt Servanda Vol 2 No 2 (2021): September, Jurnal Pacta Sunt Servanda
Publisher : Universitas Pendidikan Ganesha

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Abstract

Myanmar's Rohingya are a Muslim minority in one of the regions of Myanmar called Rakhine. In this case, Myanmar does not recognize the citizenship of the Rohingya ethnic group. They are one of Myanmar's 135 ethnic groups without official documentation and therefore have no citizenship. Other ethnic groups and governments in Rakhine State have used large-scale violence against them, and Rohingyas have also been forcibly taken to refugee camps or exiled to neighboring countries. The United Nations Refugee Agency As of 2012, more than 168,000 Rohingya had fled Myanmar, with hundreds of thousands more fleeing across the border into Bangladesh since violence resurfaced in August 2017 in connection with the issue under investigation. I'm assuming. right. Indeed, ASEAN's 2007 Declaration on the Protection and Promotion of Migrant Worker Rights focused only on migrant workers and not on refugees. The Rohingya's plight was exacerbated by the response of several Southeast Asian countries in 2015 when they turned back boats carrying thousands of desperate Rohingya. International pressure and media scrutiny over their refusal to help the people on the boat eventually led to Indonesia and Malaysia temporarily allowing the people to land. This has also led to several crackdowns on traffickers involved in transporting Rohingya.
Pelaksanaan Tradisi Manak Salah di Desa Padang Bulia dalam Upaya Mengakomodasi Penjaminan Hak Asasi Manusia Kadek Dhyan Wahyuni; I Wayan Landrawan; Ni Ketut Sari Adnyani
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.7948

Abstract

This study examines the implementation of the Manak Salah tradition in Padang Bulia Customary Village from the perspectives of legal certainty and human rights protection. Manak Salah is a customary practice associated with the birth of opposite-sex twins, which in Balinese Hindu cosmology is considered a sacred event that may disrupt the balance between the sekala and niskala realms, thereby requiring purification rituals. Although the contemporary practice of this tradition has become more humane and no longer involves social exclusion, its regulation remains unwritten and has not been formally codified in the village’s Awig-awig (customary law). This condition creates the risk of multiple interpretations, legal uncertainty, and insufficient protection of the rights of children and affected families. This research employs an empirical juridical method with a qualitative approach, using interviews with customary leaders, field observations, and document analysis of statutory regulations and customary legal sources. The findings reveal that the absence of written norms causes the implementation of Manak Salah to rely heavily on the discretion of customary authorities, leading to potential inconsistency and normative vulnerability. This study emphasizes the urgency of codifying the Manak Salah tradition into the Awig-awig as a form of customary law reform aimed at ensuring legal certainty, strengthening institutional accountability within customary villages, and harmonizing customary law with Bali Provincial Regulation No. 4 of 2019 and fundamental human rights principles.
Co-Authors Hartana I Wayan Landrawan Ni Ketut Sari Adnyani