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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Suara Hukum
Mail, Syed Muhammad Huzaif
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Law, Crime, Criminology & Criminal Justice

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The Interplay of Human Trafficking and the Rohingya Refugee Crisis in Aceh Province, Indonesia: Exploring the Complexities of Criminality and Humanitarian Concerns Aiyub Kadir, M. Yakub; Rosmawati; Listriani, Sophia; Mail, Syed Muhammad Huzaif
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1355

Abstract

This article delves into the long-standing atrocities committed by the Myanmar government against the Rohingya people in Rakhine province, which have resulted in a significant influx of Rohingya refugees into various regions, including Aceh province, Indonesia. The article aims to investigate the nature of this crisis, particularly focusing on the modus operandi of human trafficking, through a doctrinal-empirical approach. This approach involves observations and interviews with stakeholders involved in the field. The article also highlights the conflicting perspectives surrounding humanitarian and trafficking issues, shedding light on the challenges faced. Despite the existence of Presidential Decree 125/2016, the management of refugee handling remains inconsistent, given the uncertain situation and half-hearted treatment. Consequently, this has led to the expansion of trafficking networks, victimizing both local individuals assisting refugees at sea and on land. Indonesian authorities have predominantly addressed trafficking under immigration law rather than from a humanitarian standpoint. This approach has had adverse effects, resulting in resistance and rejection of Rohingya refugees in Aceh province. Considering that trafficking has emerged as a downstream impact of the global refugee crisis, the perception of viewing trafficking in Rohingya solely as a crime should be questioned. Urgently, a new paradigm and legal regime for refugees in Indonesia are required to address these pressing issues.
Creating Substantive Justice in State Administrative Courts: A Theoretical, Philosophical, and Human Rights Review Alfons, Saartje Sarah; Soplanit, Miracle; Mail, Syed Muhammad Huzaif
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p298-306

Abstract

Substantive justice in Administrative Court (PTUN) can be achieved through theoretical, philosophical, and human rights (HAM) approaches that ensure access to fair and equal justice, so that decisions made are not only procedurally valid but also reflect genuine justice for society. The objective of this research is to analyze how substantive justice can be realized in the practice of Administrative Court (PTUN) through theoretical, philosophical, and human rights approaches, as well as to explore the role of human rights in ensuring the achievement of substantive justice in administrative court proceedings. This research employs normative legal methods with legislative, philosophical, and human rights approaches, using literature study techniques and descriptive analysis of legislation, court decisions, and legal literature. The findings reveal that substantive justice in Administrative Court (PTUN) can be realized through the integration of theoretical, philosophical, and human rights (HAM) approaches to ensure justice transcends formal procedures and reflects true justice values. The theoretical approach encompasses natural law principles and distributive justice theory to balance individual rights and governmental authority, while the philosophical perspective adopts John Rawls' "justice as fairness" concept and Pancasila values emphasizing the balance of rights and obligations. The human rights approach ensures protection against arbitrary administrative actions, equal access to justice, and the right to a fair trial. However, the implementation of substantive justice in PTUN still faces challenges, such as the dominance of formalistic legal positivism, the limited understanding of judges regarding substantive justice principles, and unequal access to legal assistance for the underprivileged
Co-Authors Aiyub Kadir, M. Yakub Listriani, Sophia Mochammad Imron Awalludin Saartje Sarah Alfons Soplanit, Miracle