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Balancing International Legal Obligations, Human Rights, and National Interests: Indonesia’s Response to Rohingya Refugees in Aceh Asphianto, Aan; Jaya, Belardo Prasetya Mega; Wicaksono, Agung Satrio; Ashady, Suheflihusnaini; Weku, Robert Lengkong; Anggita, Dila; Risyawan, Alief
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.73197

Abstract

The principle of non-refoulement in international law obliges states to refrain from returning refugees to places where they face persecution. Indonesia, as a state that upholds human rights, has applied this principle in receiving Rohingya refugees who are displaced from their country of origin. Nevertheless, its implementation encounters tensions between international obligations, national interests, and human rights considerations. This study aims to examine how international law influences Indonesia’s response to the Rohingya refugee situation and to analyze the government’s stance in balancing these competing interests. A mixed-method approach is employed, combining empirical research through focus group discussions and interviews with normative analysis of primary and secondary legal materials. The findings indicate that, despite not ratifying the 1951 Refugee Convention, Indonesia continues to adhere to the non-refoulement principle. However, regulatory improvements are necessary, particularly regarding Presidential Regulation No. 125 of 2016, to ensure fulfillment of refugees’ basic rights and adequate financial support, especially in Aceh. In conclusion, Indonesia must adopt prudent legal reforms to strengthen legal certainty, protect refugee rights, and balance international, national, and humanitarian interests effectively. Such measures will also enhance coordination among institutions, improve policy implementation, and promote sustainable humanitarian governance in addressing future refugee challenges comprehensively nationwide.
LAW ENFORCEMENT OF LAND GRACE Robert Lengkong Weku; Andika Adhyaksa
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6293

Abstract

This study aims to analyze legal protection for acts of land grabbing and to analyze the prevention and handling of acts of land grabbing. The type of research used is normative legal research, relying on and using library data, namely secondary data in the field of law. The technique of obtaining legal materials is by means of library research by collecting legal materials by reading, quoting, recording and understanding various legal literature and laws. The results of the study show that 1) The legal provisions themselves have accommodated land grabbing in both criminal and civil aspects. 2) Enabling legal sanctions in forcing someone's obedience to the law as above contains aspects of prevention and enforcement aspects.
Sriwedari Mosque Land Dispute, Surakarta Land Law Study Arvian Putra Ramadhan; Arief Budiono; Robert Lengkong Weku; Jamal Hi Arsad; Faisal Faisal
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Legal certainty in the land sector is indeed a necessity that must exist, but researchers have found that there are many individuals taking advantage of the weakening of law enforcement which has resulted in an increase in several land disputes. The aim of this research is to identify the factors causing land disputes at the Sriwedari Mosque in Surakarta. This research is research that uses sociological legal methods with a qualitative descriptive approach which was carried out on Jl. Slamet Riyadi Taman Sriwedari, Surakarta city in March-May 2023 using data collection techniques, namely literature study and interviews. Meanwhile, data analysis techniques utilize comparative studies. Based on the research results, the researchers concluded that the chronology of the Sriwedari land, which is now a problem regarding land disputes, was originally purchased by Paku Buwono (PB) This right to land ownership is what caused the land dispute at the Sriwedari Mosque in Surakarta and the construction of the mosque to stop.
Implementation of Legal Protection for Employees Experiencing Workplace Accidents Faris Faturahman Putra; Arief Budiono; Gamar Muhdar; Jamal Hi Arsad; Robert Lengkong Weku; Faisal Faisal
Jurnal Ius Constituendum Vol. 11 No. 3 (2026): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i3.13813

Abstract

  This study aims to analyze the implementation of legal protection for employees experiencing workplace accidents at HCP Ltd. and to evaluate the extent to which the company fulfills workers’ rights in accordance with Indonesian labor regulations. The findings demonstrate that HCP Ltd. has formally implemented legal protection through employee participation in the BPJS Employment program, provision of medical treatment access, continuation of wage payments during recovery periods, and maintenance of employment relationships for injured workers. However, the implementation of such protection remains predominantly procedural and reactive, indicating a substantial gap between formal legal compliance and the substantive fulfillment of workers’ rights. Delays in Work Accident Insurance (JKK) claims, limited employee understanding of labor protection mechanisms, inconsistent occupational safety and health (OSH) supervision, and the absence of structured psychological rehabilitation reflect that worker protection has not yet fulfilled the due diligence standard required within contemporary labor governance. The novelty of this research lies in its empirical and micro-level examination of labor protection effectiveness within a specific corporate setting, thereby moving beyond conventional normative labor law studies that primarily emphasize statutory adequacy without critically assessing practical implementation. Theoretically, this study contributes to the development of labor law scholarship by strengthening the discourse on substantive legal protection, corporate due diligence obligations, and human-centered occupational safety governance. Practically, this research recommends strengthening internal OSH supervision, institutionalizing worker legal education, accelerating administrative claim mechanisms, and integrating psychological rehabilitation into post-accident recovery systems to ensure more effective, sustainable, and justice-oriented worker protection.
The Legal Position of Foso and Boboso Customary Criminal Sanctions within the Framework of the National Criminal Code in the Jurisdiction of the Sultanate of Ternate Faisal Faisal; Robert Lengkong Weku; Nurlaila Kadarwati Papuluwa; Isyana Kurniasari Koronas; Arief Budiono
Journal of Law, Politic and Humanities Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i6.3705

Abstract

Foso and Boboso have functional customary legal force within the scope of the Ternate customary community as informal law (living law) to maintain the order of the Ternate customary community, North Maluku. This study analyzes: (1) the legal position of the customary criminal sanctions of foso and boboso in the Se Atorang customary tradition in the Ternate Sultanate of North Maluku and (2) the prospects and challenges of transforming customary criminal law as additional punishment in Law Number 1 of 2023 concerning the Criminal Code in the Ternate Sultanate of North Maluku. The research method used in this study is an empirical legal research method with a live case study approach. The results of the study indicate that the origin of Article 66 paragraph (1) letter f provides recognition of customary sanctions against perpetrators of criminal acts. However, there are problems in its application. This is because customary criminal sanctions, known in Ternate customary law as "Foso se Boboso," are based on the Adat se-Atorang philosophy and the principle of the relationship between the Sultan and the People, which prioritizes the implementation of the "Ngofa se Nyeku" custom. Violations of norms, ethics, etiquette (politeness), and customary law by ngofa se nyeku members will be subject to tiered customary sanctions. Initial sanctions include stern warnings, advice, or guidance from traditional elders or the customary council (fala raha) or spiritual leaders (sowohi) within the customary structure of the sultanate in North Maluku.