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Oktrina, Faiha
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A COMPARATIVE STUDY OF VICTIM PROTECTION ON THE DOMESTIC VIOLENCE ACCORDING TO LAW IN INDONESIA AND MALAYSIA: (Regulation No. 23/2004 Considering PKDRT & Domestic Violence Act 521 1994 jo. Domestic Violence Act A1538 2017) Oktrina, Faiha
Jurnal Ilmiah Kutei Vol 22 No 1 (2023)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jkutei.v22i1.27626

Abstract

The United Nations as a representation of the international community even accommodates regulations related to human rights through International Treaties agreed upon by state parties in the world through the Universal Declaration of Human Rights. Domestic violence is one of the most violence that occurred in many countries, which happens in Indonesia and Malaysia. Any violence between current or past intimate partners, wherever and whenever the abuse happens, is considered domestic violence (breach of human right). Physical, sexual, emotional, and financial abuse are all potential forms of violence. Indonesian law and Malaysian law define domestic violence as any act against a person, especially a woman, that results in physical, sexual, psychological, and/or domestic neglect or suffering including threats to commit acts, coercion, or unlawful deprivation of liberty within the domestic sphere. Research in a positive direction without excluding the elements of harmonization and legal politics that exist within the scope of the Republic of Indonesia and the Federated States of Malaysia in the realm of Domestic Violence entitled “A COMPARATIVE STUDY OF THE DOMESTIC VIOLENCE LAW IN INDONESIA AND MALAYSIA” according to Law No. 23 of 2004 on the Elimination of Domestic Violence and Domestic Violence Act 521 of 1994 jo. Domestic Violence Act A1538 2017. In this research, the researcher uses normative legal research, there are two types of groupings, consisting of primary legal material and secondary legal material.
Tanggung Jawab Negara Terhadap Kegiatan Agen Diplomatik Di Luar Misi Diplomatik Berdasarkan Hukum Internasional Oktrina, Faiha; Waryenti, Deli; Muthia, Arini Azka
Jurnal Ilmiah Kutei Vol 22 No 2 (2023)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jkutei.v22i2.31290

Abstract

States send their representatives to other states for diplomacy, these state’s representatives are referred to in Diplomatic Law as 'diplomatic agents'. According to Article 3 of the 1961 Vienna Convention, a diplomatic agent has a diplomatic mission in the form of: representing the government of the sending state; protecting their citizens where they accredited; promoting their country; negotiating; and reporting all tasks that have been done to the government of their state. However, in practice, it is not uncommon for diplomatic agents to carry out activities outside of diplomatic missions. This study analyzes the state's responsibility to diplomatic agents who carry out missions outside of diplomatic missions based on International Law and the legal implications for diplomatic agents who carry out missions outside of diplomatic missions. The research method used normative legal research with statutory, case, and doctrinal approaches. Responsibility can be done as long as there are objections from the state that impact some disadvantaged. Consider the diplomatic law based on an agreement between the two states that establish diplomatic relations.