Sujatmoko, Andrey
Fakultas Hukum Universitas Trisakti, Jakarta

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Leila Luvena Ambalistiarini Roeslan ADL: PERBUDAKAN ANAK BUAH KAPAL (ABK) WARGA NEGARA INDONESIA DI KAPAL LONG XING 629 MENURUT PROTOKOL PALERMO TAHUN 2000 Leila Luvena Ambalistiarini Roeslan ADL; Andrey Sujatmoko
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18553

Abstract

Human rights can be defined as rights inherent in humans that are fundamental and natural that must be upheld, respected and protected. Indonesian crew members also have human rights, in this case, the right to protection and safety at work, including Indonesian crew members who work on foreign fishing vessels. The problem in this article is whether the acts of violence against Indonesian crew members on the Long Xing 629 Ship are slavery practices that fall into the category of human trafficking according to the 2000 Palermo Protocol and how to resolve cases of violence against Indonesian crew members according to the 2000 Palermo Protocol. The research method used in this article is normative juridical, descriptive in nature, using secondary data analyzed qualitatively, and deductive inference. The conclusion of this article is that violence against Indonesian crew members is a practice of modern slavery that is included in the crime of trafficking in persons according to the 2000 Palermo Protocol, because it has fulfilled the three elements of trafficking in persons which include elements: process, method, and purpose. The Brebes District Court which in its decision awarded compensation to four Indonesian crew members in the amount of $12,706 USD.
PENYIKSAAN OLEH JUNTA MILITER MYANMAR TERHADAP PARA DEMONSTRAN ANTI KUDETA MENURUT KONVENSI ANTI PENYIKSAAN 1984: Torture By The Myanmar Military Junta Of Anti-Coup Demonstrants According To The 1984 Anti-Torture Convention Biolanda Latifa; Andrey Sujatmoko
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19102

Abstract

Since the coup in 2021, the Myanmar military has been involved in serious acts of violence against demonstrators, raising international concerns. The problem in this research is whether the acts of violence against anti-coup demonstrators by the Myanmar Military Junta can be classified as torture under the 1984 Convention Against Torture and how the resolution of these violence cases can be achieved. The normative research method with literature review and the use of secondary data as research materials is employed. The results of the analysis indicate that the Myanmar Military Junta has committed mass killings, arbitrary detentions, widespread torture of detainees, and political suppression of demonstrators. These practices blatantly violate the provisions of the 1984 Convention Against Torture, which expressly prohibits torture and cruel treatment. Despite Myanmar not ratifying the 1984 Convention Against Torture, the author emphasizes that the Military Junta remains obligated to initiate legal proceedings against the perpetrators of violence, particularly the Tatmadaw personnel. To date, there has been no legal resolution for the violence perpetrated by the military against anti-coup demonstrators, leaving a distressing lack of justice.