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All Journal LAW REVIEW JURNAL MERCATORIA Indonesian Comparative Law Review
Farhansyah, Bagaskara Yonar
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Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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The Handling of Armed Criminal Groups in Papua: Ended with Secession? Rinasti, Avi Lupi; Alfarizi, Mohammad Hanaan; Noveliani, Regita Ryan; Farhansyah, Bagaskara Yonar; Astutik, Zulfiani Ayu
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15122

Abstract

The Papuan Armed Criminal Group (KKB) has been a hereditary problem for the Indonesian government. Their demand to secede from the Republic of Indonesia was the main reason why this group was formed. Because the Government has not responded to the demands of the KKB, it led this group to carry out acts of terror against the society in Papua. One of the cases that have recently attracted media attention is the KKB’s attack that killed several workers in Beoga, Puncak district, Papua. The study aims to analyze and evaluate the settlement of terrorism cases carried out by KKB. This normative legal research relied on secondary data. The results of the study indicate that in international law, the context of referendum exists only in the context of decolonization and non-self-governing territory. The government's move by considering the KKB as a separatist terrorist group and not accepting KKB's demands for a referendum or mediation is one of the right steps. Acts of terrorism cannot be tolerated even though they are related to human rights because it is regulated in legislation
Unraveling the Willow Project's Impact on Human Rights: An Inquiry into International Legal Perspectives? Gunawan, Yordan; Farhansyah, Bagaskara Yonar; Nurhaifa, Reksa Fikri
JURNAL MERCATORIA Vol. 16 No. 2 (2023): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v16i2.10115

Abstract

This article aims to examine human rights violations resulting from the U.S.-led agenda as a national strategic project, specifically the Willow Project. This project is a consequence of Saudi Arabia's participation in multilateral cooperation among developing countries, with Saudi Arabia being the largest oil trading partner and the United States serving as the oil supplier. The focus of the issue centers on the Willow Project, a U.S. drilling initiative conducted in the State of Alaska, with global environmental impacts that infringe upon human rights. The research employs a normative-empirical method, prioritizing international law, encompassing concepts, principles, and doctrines as legal sources to address the legal issues related to human rights violations. The Willow Project influences the United States' policy direction, fulfilling the country's energy needs through oil drilling, thereby affecting global climate change and posing risks to the international community. The substantial carbon emissions generated can contribute to rising Earth temperatures, potentially leading to the emergence of new diseases due to extreme weather conditions.
Analyzing the Implementation of Islamic Criminal Law in the Nanggroe Aceh Darussalam and Within its Sharia Court Nasrullah; Nusantara, Muhammad Alwan Zain; Farhansyah, Bagaskara Yonar
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.7225

Abstract

Within the democratic Pancasila system regulated by the Indonesian government, every citizen's right is guaranteed by the government and religious organization to express their beliefs. Aceh, which has enacted regional regulations based on Islamic law and received government support for their implementation, has the freedom to establish its own policies. This study analyzes Aceh's implementation of the Criminal Code (Qanun Jinayah) as well as in its Sharia Court. The case study methodology utilized in this study is intended to provide qualitative data through description-analysis and descriptive qualitative research. According to this study, the execution of Qanun Jinayah in Aceh frequently generates controversy because certain parties believe that the implementation of the law violates human rights, which are normally maintained in democratic countries such as Indonesia. The law applies to both the Muslim and the non-Muslim Achenese. Despite this, numerous parties continue to support the execution of Qanun Jinayah, as they have complied with the exact law recognized by the Indonesian government.
Co-Authors Alfarizi, Mohammad Hanaan Astutik, Zulfiani Ayu Nasrullah Noveliani, Regita Ryan Nurhaifa, Reksa Fikri Nusantara, Muhammad Alwan Zain Rinasti, Avi Lupi Yordan Gunawan