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All Journal The Indonesian Journal of International Clinical Legal Education International Law Discourse in Southeast Asia Indonesian Journal of Counter Terrorism and National Securit Journal of Law and Legal Reform International Law Discourse in Southeast Asia
Amandha, Asyaffa Ridzqi
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legislative Responses to Terrorism: A Critical Review of Counterterrorism Measures Rodiyah, Rodiyah; Amandha, Asyaffa Ridzqi; Utari, Indah Sri; Nte, Ngboawaji Daniel
Indonesian Journal of Counter Terrorism and National Security Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v2i2.74540

Abstract

In the face of escalating global terrorism threats, nations worldwide have grappled with the imperative to enact and amend legislation aimed at preventing, detecting, and prosecuting acts of terrorism. This paper conducts a comprehensive and critical examination of legislative responses to terrorism, with a focus on their efficacy, implications for civil liberties, and broader societal impacts. The research begins by analysing the evolution of counterterrorism laws across diverse jurisdictions, emphasizing the shifting landscape of security concerns and the subsequent legal adjustments. It scrutinizes the core features of these legislative measures, including preventive detention, surveillance, intelligence gathering, and the definition of terrorism offenses. A critical analysis is employed to assess the balance between security imperatives and the protection of individual liberties, scrutinizing the potential for abuse, discrimination, and erosion of due process. Case studies from various countries illuminate the real-world consequences of counterterrorism legislation, shedding light on the impact on marginalized communities, legal frameworks, and international human rights standards. The paper also explores the effectiveness of oversight mechanisms, judicial review, and safeguards incorporated within these legislative frameworks to curb potential abuses and protect against overreach. Furthermore, the study considers the role of technology, intelligence-sharing agreements, and international cooperation in shaping legislative responses to terrorism. It aims to provide a nuanced understanding of the challenges and successes in addressing the complex interplay between security concerns and the preservation of fundamental rights. This critical review seeks to contribute to the ongoing dialogue on counterterrorism policy by offering insights into the multifaceted implications of legislative responses. The paper concludes with recommendations for fostering a balanced approach that upholds both security imperatives and the foundational principles of democracy.
The Mainstreaming of the Concept of Legal Protection for Child Labor in Indonesia based on ILO Conventions Amandha, Asyaffa Ridzqi; Hapsari, Paundria Dwijo; Rivaldi, Muhammad Akmal Rizki; Saputro, Bagus Adi; Cahyani, Anisa; Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 4 No 3 (2022): Development of Legal Education in Various Contexts
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i3.60021

Abstract

This study delves into the mainstreaming of the concept of legal protection for child labor in Indonesia, drawing insights from the International Labour Organization (ILO) Conventions. Child labor remains a global challenge, impacting the physical, psychological, and social development of children who engage in work during their school years. Beyond mere employment for wages, the issue involves elements of exploitation, hazardous working conditions, and restricted access to education. Certain forms of child labor even qualify as the most intolerable, necessitating urgent attention. The primary objective of this research is to analyze, identify, and compare the legal protection mechanisms for child labor in Indonesia based on the ILO Conventions. Employing a normative legal study methodology, the research employs a dual approach, combining comparative law study and statute analysis. By scrutinizing the legal protection practices within the context of Indonesian law and international law, the study aims to shed light on disparities, commonalities, and potential areas for improvement. Conducting an in-depth examination without relying on fieldwork, the study utilizes a literature review and document study, drawing on various sources from both online and printed materials. Through this comprehensive exploration, the research seeks to contribute to a nuanced understanding of the mainstreaming of legal protections for child labor in Indonesia. By highlighting key findings, this study aims to inform policy discussions, foster awareness, and facilitate the development of more effective measures to safeguard the rights and well-being of children involved in labor activities in the Indonesian context.
The Direction of Indonesia’s Legal Policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters: A Path to Law Reform in Cross-Border Crime Enforcement in Southeast Asia Arifin, Ridwan; Rodiyah, Rodiyah; Waspiah, Waspiah; Amandha, Asyaffa Ridzqi; Krisnawati, Elizabeth Yunita; Sandi, Tirta; Napitupulu, Michael Timothy
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.3206

Abstract

This research explores Indonesia’s legal policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters (AMLAT) and its implications for law reform in the enforcement of cross-border crime in Southeast Asia. AMLAT plays a critical role in facilitating legal cooperation among ASEAN member states in criminal matters, addressing challenges posed by transnational crimes such as human trafficking, drug smuggling, and cybercrime. Despite its significance, Indonesia faces legal and procedural gaps in aligning its domestic legal framework with AMLAT provisions, creating obstacles in efficient criminal law enforcement across borders. The novelty of this study lies in its focus on Indonesia’s unique legal challenges and reform needs in the context of AMLAT, an area that has received limited scholarly attention. While previous studies have explored AMLAT’s role at a regional level, this research specifically investigates the legal and policy issues within Indonesia and how they affect broader ASEAN cooperation on cross-border crime. The urgency of this research is underscored by the increasing prevalence of transnational crimes in Southeast Asia, exacerbated by advancements in technology and globalization. A more robust legal framework is crucial for Indonesia to effectively collaborate with ASEAN members in combating these crimes. The contribution of this study is twofold. First, it provides a comprehensive analysis of the current state of Indonesia’s legal policy on AMLAT, highlighting key areas for legal reform. Second, it offers practical recommendations for policymakers to strengthen Indonesia’s role in regional legal cooperation, ensuring more effective cross-border crime enforcement in Southeast Asia.
Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values? Amandha, Asyaffa Ridzqi; Arifin, Ridwan
International Law Discourse in Southeast Asia Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.75000

Abstract

Indonesia is one of the countries that adhere to a legal system in it. As a rule of law, of course, it has become a natural thing when all the activities and activities of each individual and the state have been regulated under the rule of law. To create law, specifically a better criminal law. So it is necessary for law enforcement, the rule of law, the legal process, and all aspects of the law to be better. All of these aspects have been regulated in the criminal justice system. The criminal justice system requires synchronization, where the contents of this synchronization will regulate aspects of substance, structural aspects, and cultural aspects in it. Where all of these aspects must be able to synchronize with each other to integrate with a substantial aspect. The role of international criminal law as one of the guidelines in the national criminal justice system is very closely related. The author wants to examine what is the National and International Criminal Justice Systems? and What is the relationship between the Indonesian criminal justice system and international criminal law?International Criminal Law; National; Criminal Justice System.
Unraveling the Essence of Crime in International Criminal Law: A Review of Iryna Marchuk’s Work Amandha, Asyaffa Ridzqi
International Law Discourse in Southeast Asia Vol. 2 No. 2 (2023): Sovereignty and Responsibility in International Dispute Resolution: Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i2.35110

Abstract

This review encapsulates the essence of Iryna Marchuk's seminal work, "The Fundamental Concept of Crime in International Criminal Law," published by Springer and spanning 311 pages, with ISBN 978-3-642-28245-4. Hailing from Copenhagen, Denmark, Marchuk's book navigates the intricate terrain of international criminal law with precision and scholarly insight. Marchuk's examination centers on unraveling the foundational notion of crime within the expansive realm of international law. Through a meticulous exploration of legal precedents, theoretical frameworks, and contemporary challenges, she illuminates the multifaceted dimensions of criminality in a global context. The book embarks on a journey through the evolution of international criminal law, tracing its origins and milestones while dissecting the complexities inherent in defining and prosecuting crimes of international concern. Marchuk's analysis delves into the intersection of legal principles and moral imperatives, probing the intricate balance between state sovereignty and universal human rights. Furthermore, Marchuk scrutinizes the jurisprudence of international tribunals and courts, dissecting landmark cases and seminal judgments to discern overarching trends and emerging jurisprudential principles. Through this lens, she evaluates the efficacy of existing legal frameworks in addressing grave crimes such as genocide, war crimes, and crimes against humanity. Marchuk's work also confronts the challenges of enforcement and accountability in the international arena, interrogating the mechanisms for ensuring compliance and prosecuting perpetrators across borders. By interrogating the evolving nature of transnational crimes and the shifting dynamics of global governance, she offers valuable insights into the imperative for international cooperation and collaboration in the pursuit of justice.
Transformation of International Criminal Justice Principle into Indonesia National Criminal Justice System: How Domestic Law Adopt Global Values? Amandha, Asyaffa Ridzqi; Arifin, Ridwan; Rahmayani, Chanidia Ari; Purnomo, Didik; Nte, Ngboawaji Daniel
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35122

Abstract

The transformation of international criminal justice principles into Indonesia's national criminal justice system reflects the country's commitment to aligning domestic law with global human rights and accountability standards. Indonesia, as a member of the international community, has progressively incorporated international norms and principles into its legal framework, particularly in response to the rise of international crimes such as genocide, war crimes, and crimes against humanity. The adoption of these global values in domestic law requires a nuanced approach, as Indonesia navigates its national sovereignty, cultural context, and legal traditions while integrating the broader principles of international justice. The study examines the mechanisms through which Indonesia has absorbed international criminal justice norms, focusing on key developments such as the ratification of the Rome Statute of the International Criminal Court (ICC) and the establishment of domestic legal provisions for addressing crimes under international law. It also evaluates the challenges Indonesia faces in harmonizing its criminal justice system with international standards, such as issues related to jurisdiction, the independence of the judiciary, and the political will to prosecute international crimes effectively. This paper analyzes the legal reforms in Indonesia’s national criminal justice system, exploring both the successes and limitations of these efforts. It highlights the role of international treaties, national legislation, and judicial practice in shaping a more comprehensive and fair criminal justice system. Moreover, the research emphasizes the importance of fostering international cooperation and strengthening domestic institutions to ensure the effective implementation of global principles. Ultimately, this study underscores the dynamic interaction between domestic law and international criminal justice, emphasizing the need for continuous adaptation to uphold global human rights values in a national context.
Co-Authors Cahyani, Anisa Didik Purnomo, Didik Hapsari, Paundria Dwijo Krisnawati, Elizabeth Yunita Masrukhi Masrukhi Napitupulu, Michael Timothy Nte, Ngboawaji Daniel Rahmayani, Chanidia Ari Ridwan Arifin Rivaldi, Muhammad Akmal Rizki Rodiyah - Sandi, Tirta Saputro, Bagus Adi Waspiah -