Claim Missing Document
Check
Articles

Found 4 Documents
Search

Collocation of restorative justice with human rights in Indonesia Ismail, Dian Ekawaty; Arsyad, Yusna; Ahmad, Ahmad; Nggilu, Novendri M.; Yassine Chami
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.35374

Abstract

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.
Legal Environmental Protection and Sustainable Development in the United Arab Emirates Khater, Maya; Yassine Chami; Mohamad Albakjaji
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.469

Abstract

Environmental protection and sustainability have captured global attention in recent years due to rising pollution, resource depletion, and climate change. In response to these challenges, this study examines how the United Arab Emirates (UAE) has developed its national environmental legislation in comparison with international legal frameworks. By applying a critical and comparative legal analysis, the study reviews key international environmental agreements and evaluates how UAE laws align with or diverge from global standards. The findings show that, first, the UAE has actively implemented forward-looking environmental policies through legislative reforms and sustainability initiatives aimed at meeting or exceeding international goals. Second, the UAE has promoted environmental responsibility by attracting clean technologies and fostering innovation, demonstrating its commitment to sustainable development. Third, despite these advancements, the study identifies continuing gaps in law enforcement and limited public participation in environmental decision-making processes. To address these issues, the study recommends enacting new legislation that includes constitutional protection of environmental rights and frameworks to strengthen regional environmental partnerships. The study also urges policymakers to encourage broader community engagement by empowering citizens and residents to participate in environmental policymaking and to file lawsuits against entities that violate environmental laws. This research contributes to the ongoing discourse on environmental governance by offering a legal analysis of the UAE’s evolving regulatory landscape and by proposing inclusive, enforceable approaches to environmental sustainability.
The Constitutional Court in the Vortex of  Resonance of Political Power Rahmat Teguh Santoso Gobel; Ahmad, Ahmad; Yassine Chami
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28307

Abstract

The Constitutional Court of Indonesia stands as a fundamental pillar of constitutionalism and democracy remains vulnerable to the persistent. This article aims to critically examine how political influence infiltrates and affects the Court’s independence and institutional integrity, particularly through politicized judicial appointments and dismissals, personal relationships, and Utilizing a normative juridical approach, enriched by conceptual and case study analyses, most notably the controversial Decision No. 90/PUU-XXI/2023 and the dismissal of Justice Aswanto, this study identifies the concrete mechanisms of political interference and their implications for the Court’s legitimacy. The findings reveal a significant institutional shift: the Court is no longer functioning merely as a negative legislator, but exposing it further to political pressures. The study identifies eight specific factors of judicial non-independence in Decision No. 90/PUU-XXI/2023, signaling an acute integrity crisis. In response, the article proposes structural reforms, including amendments to the Constitutional Court Law, strengthening both internal and external oversight mechanisms, and reinforcing judicial self-restraint to curb judicial overreach. The conclusion emphasizes that institutional and ethical safeguards must be prioritized to protect the Court’s independence, uphold constitutional supremacy, and prevent democratic backsliding. Without comprehensive reform, the Court risks becoming an instrument of political power rather than a guardian of constitutional justice.
International Legal Regulations on Coastal Conservation of Coastal Boundary Lands Across National Borders in the Digital Era Dolot Alhasni Bakung; Zainal Abdul A. Hadju; Yassine Chami; Sri Nanang Meiske; Ramadhan Usman
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.12719

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) provides a comprehensive legal framework for protecting and preserving the marine environment, including coastal areas. This study examines the application of international legal regulations regarding coastal conservation and jurisdictional management of coastal lands between Indonesia and Malaysia in the digital era. Employing a normative and qualitative approach, the research analyzes secondary data from legal materials of both countries, using a comparative method to identify similarities, differences, and points of convergence between their legal systems. In Indonesia, digital transformation by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has enhanced transparency and efficiency in land management; however, policy adjustments are still needed for effective coastal ecosystem protection. Meanwhile, Malaysia, with its long and erosion-prone coastline, has implemented various laws and policies, including Coastal Zone Management (CZM), to address issues such as erosion and pollution. Although both countries face similar challenges and opportunities, their approaches differ. Indonesia needs to optimize its policies to effectively protect coastal ecosystems, while Malaysia requires adjustments in implementing its existing laws and policies. Challenges such as overlapping jurisdictional authority, funding limitations, and the need for stakeholder involvement remain significant obstacles. Therefore, successful coastal land management in both countries requires better integration of legal policies, environmental conservation efforts, and digital technology to achieve sustainable outcomes.