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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Suara Hukum Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Al Khanif
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Settlement of the "Cleaning Operation" Case of the Rohingya Ethnic in Myanmar Based on International Law Santoso, Dimas Bagus; Al Khanif; Arundhati, Gautama Budi
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p1-30

Abstract

The Independent International Fact-Finding Mission on Myanmar (IIFFMM) released a report on August 27, 2018, documenting over 10,000 deaths and the displacement of more than 725,000 Rohingyas to Bangladesh due to "clearance operations" conducted by the Myanmar Military. These actions constitute severe violations of international human rights law, potentially amounting to crimes against humanity, for which perpetrators could face prosecution at the International Criminal Court (ICC). However, Myanmar's non-ratification of the Rome Statute presents a significant obstacle to effective enforcement. Therefore, a more robust approach is necessary to address the plight of the Rohingya ethnic group affected by these operations. This study adopts a normative research methodology employing both statutory analysis and case study approaches. The Tatmadaw's culpability in committing acts of genocide against the Rohingya ethnic group has been established. To address this, three key mechanisms are proposed: the application of the Responsibility to Protect (R2P) principle, the involvement of international governmental organizations (IGOs), and the pursuit of justice through ICC proceedings. Urgent action is required to ensure accountability for those responsible for genocide, particularly high-ranking Tatmadaw officials, thereby preventing impunity from perpetuating.
Kepastian Hukum Rekomendasi MKDKI pada Penyidikan Perkara Dugaan Tindak Pidana oleh Tenaga Medis Heru Iskandar; Y.A. Triana Ohoiwutun; Al Khanif
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 3 (2024): September : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i3.624

Abstract

The global COVID-19 pandemic has disrupted the health sector, forcing countries to transform their health. In Indonesia, the response to this crisis was the issuance of a new health law, namely Law No. 17 of 2023. One of the updates is the provision that provides legal protection for medical personnel, namely in the process of criminal investigations against medical personnel, investigators must first request a recommendation from the authorized panel in disciplinary examinations, in this case, referring to the previous law, the Indonesian Medical Discipline Honorary Council (MKDKI). The recommendation determines whether the investigation can be continued or not based on the implementation of the professional practice of medical personnel, whether or not it is in accordance with professional standards, service standards, and standard operating procedures. The request for a recommendation from the panel must be received by the investigator no later than 14 days, and if it is more than that, the panel is considered to have approved the investigation of medical personnel. This is a polemic because for crucial decisions, namely assessing whether or not there is a violation of standards, only 14 days are given, while in reality the examination takes months. Finally, the research is presented to measure the legal certainty of the complaint examination procedure within the MKDKI, the legal certainty of the panel's recommendations regarding the continuation of the investigation process, and to reformulate provisions that are not yet fair in the process.
Penerapan Asas Pemeriksaan Pengadilan Terbuka Untuk Umum Dalam Permohonan Uji Materiil di Mahkamah Agung Lukmanul Hakim; Iwan Rachmad Soetijono; Al Khanif
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3178

Abstract

This study aims to find out and analyze related to the application of the foundations of open court examination of the substantive regulation of legislation in the Supreme Court, this writing uses the method of normative law research. The outcome of the writing explains that the provisions relating to the application of the principle of open court examination to the general public in the material examination at the Supreme Court are not regulated either in the Law No. 5 of 2004 amending the Act No. 14 of 1985 on the supreme court but abstractly the examination of the court open to the public is regulated in Article 13 of the Law on the Power of the Judiciary No. 48 of 2009. On the application of the basis of the examination of the court hearing open to the public is forced to open the hearing attended by the general public. When a judge's assembly is to open a hearing, it must declare that the hearing is open to the public.
Human Rights in the Grip of Cultural Relativism: A Critical Examination of Policies and Challenges in Indonesia John Sinartha Wolo; Bayu Dwi Anggono; Al Khanif; Ahmad Basarah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5944

Abstract

This paper examines the universal values of human rights and their contradictions within the context of advancing human rights in Indonesia. The Universal Declaration of Human Rights (UDHR) emphasizes the importance of universally respecting human dignity. However, Indonesia, as a country rich in culture and religion, often faces challenges in applying these universal human rights values, particularly when state policies prioritize local cultural considerations over the universal dimension of HR. One example is the prohibition of interfaith marriages, which shows that religious and cultural values still serve as the primary basis in human rights policies in Indonesia. Indonesia is a nation with strong cultural and religious richness, influencing various aspects of life, including state policies related to human rights. Although the UDHR stresses the importance of universal human rights implementation, in practice, Indonesia often experiences tension between these universal values and local values rooted in tradition and religion. This study aims to explore how universal human rights values confront cultural relativism in the Indonesian context, seeking common ground between the two to strengthen the advancement of HR in the country. This study is conducted through an in-depth analysis of literature and relevant scholarly references. The research finds that there is significant tension between human rights universalism and cultural relativism in Indonesia. However, these two approaches have the potential to collaborate and complement each other, with universalism providing a strong normative framework and cultural relativism offering relevant and acceptable local context. These findings are significant as they offer a new perspective in understanding the dynamics of human rights in Indonesia. By considering and integrating these two approaches, human rights policies in Indonesia can be more responsive to local realities without sacrificing fundamental universal principles
Co-Authors Ahmad Basarah Bayu Dwi Anggono Gautama Budi Arundhati, Gautama Budi Heru Iskandar Iwan Rachmad Soetijono John Sinartha Wolo Lukmanul Hakim Santoso, Dimas Bagus Y A Triana Ohoiwutun