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All Journal Lentera Hukum Jambe Law Journal Journal of Law and Legal Reform
Tamas, Fezer
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Law, Crime, Criminology & Criminal Justice

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No Choice but Welcoming Refugees Heriyanto, Dodik Setiawan Nur; Sefriani, Sefriani; Tamas, Fezer
Lentera Hukum Vol 10 No 1 (2023): Human Rights in Indonesia and Beyond
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i1.37920

Abstract

The non-refoulement principle requires each country to consider refugees and asylum seekers in their country of origin if they are subject to persecution and threaten their lives. As a geographically strategic country, Indonesia has been a significant crossroad for international refugees and asylum seekers often consider Indonesia their temporary destination. Moreover, the complex situation of international refugees has encouraged to reinterpret of the principle of non-refoulement into various national measures and domestic policies, given that Indonesia is deemed a transit country for refugees and has not ratified the 1951 Convention on the Status of Refugees. This paper aims to analyse the concept of refugee protection under international law, particularly the non-refoulement principle and investigate the application of the non-refoulement principle in Indonesia. This study employed normative and empirical legal research with statutory, conceptual, and comparative approaches. This study confirms that the non-refoulement principle is part of jus cogens norms in international law but does not fit in its application. Indonesia has inconsistency in upholding the non-refoulement principle into the binding normative rules. Refugees have received far less attention from the Indonesian government due to insufficient infrastructure and financial allocation. Moreover, the existing executive regulations do not provide effective enforcement since these regulations have a lower position in the hierarchy and cannot have deterrent sanctions. Hence, ratification of the 1951 Convention is urgently needed by Indonesia to guarantee the protection of refugees within its jurisdiction. At the regional scope, Indonesia can encourage ASEAN countries to adopt good practices in the European Union to set sharing quotas to ensure that not most refugees escape to Indonesia.Keywords: Customary International Law, Indonesia, Refugees.
The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment Ramli, Asmarani; Heriyanto, Dodik Setiawan Nur; Tamas, Fezer; Latifiani, Dian
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2089

Abstract

The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.
When Laws Exist but Certificates Do Not: Can Cross-Ministerial Collaboration Solve Transmigration Land Problems? Ramli, Asmarani; Nur Heriyanto, Dodik Setiawan; Tamas, Fezer; Latifiani, Dian; Sari, Liani
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/90bne947

Abstract

The Indonesian transmigration program has many outstanding difficulties. The lack of transmigration land ownership certificates is a big issue. Transmigration land recipients have no land ownership guarantees. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency and the Ministry of Village, Development of Disadvantaged Regions, and Transmigration collaborate on transmigration land concerns. Using empirical legal research, this study examines the importance of legalizing transmigration land assets. This study fills a gap in existing literature by demonstrating how digital-based cross-ministerial collaboration functions as a legal-institutional mechanism to accelerate transmigration land legalization in Indonesia. This investigation found that 132,949 transmigration land holdings are uncertified. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration have unified transmigration land data. The Bhumi-GTRA portal provides spatial and legal information on transmigration land, showcasing the results of this collaboration. This research suggests that the government must immediately address transmigration land issues. Collaborating with relevant ministries on transmigration land will help legalize its assets
Co-Authors Dian Latifiani Dodik Setiawan Nur Heriyanto Dodik Setiawan Nur Heriyanto, Dodik Setiawan Ramli, Asmarani Sari, Liani Sefriani Sefriani