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All Journal Brawijaya Law Journal : Journal of Legal Studies Jurnal Suara Hukum Realism: Law Review
Tajudin, Amalina Ahmad
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Law, Crime, Criminology & Criminal Justice

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Malaysia and the Rome Statute of the International Criminal Court Hassan, Fareed Mohd; Mohd Rusli, Mohd Hazmi Bin; Tajudin, Amalina Ahmad
Brawijaya Law Journal Vol. 9 No. 1 (2022): International Law and Security
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.01.06

Abstract

Through its founding treaty, the Rome Statute, the establishment of the International Criminal Court (ICC) has received support and opposition from many countries. Despite working toward universal ratification or accession to the Rome Statute, Signatories and State Parties to the Rome Statute have decided not to ratify and withdraw from being Member States due to, among other reasons, the issue of immunity and criminal responsibility of the Head of State, which are not in line with their respective Constitution, particularly by Malaysia. As such, this study analyzes the position of immunity of the Head of State as well as the criminal responsibility of a military commander under international law, particularly under the Rome Statute and the Malaysian Constitution. Based on doctrinal analysis, this study argues that the Yang di-Pertuan Agong, as the Malaysian Head of State and the Commander-in-Chief of the Malaysian Armed Forces, has immunity before the national court and, thus, will be highly exposed to ICC jurisdiction because the complementary principle under the Rome Statute cannot be implemented. This study concludes that being a part of the ICC Membership is untimely for Malaysia without the reconciliation of these contradictions.
LEGAL PROTECTION POLICY FOR THE PEOPLE IN HANDLING COVID-19: A COMPARISON OF INDONESIA AND AUSTRALIA Tinambunan, Hezron Sabar Rotua; Kusuma, Febrian Indar Surya; Permatasari, Vivi Ayudya; Sugiarto, Aditya Ferryan; Tajudin, Amalina Ahmad
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.55

Abstract

In terms on handling COVID-19, the whole world is struggling to provide legal protection for its people, including Indonesia and Australia. Surely, Indonesia and Australia have made efforts to provide protection for their people in the form of legal provisions as a consequence of adhering to the rule of law. Thus, the purpose of this study is to examine how Indonesia and Australia issue policies for legal protection for the people in their efforts to deal with COVID-19. This article uses legal research in an effort to answer juridical problems. The results of the discussion show that Indonesia in its efforts to deal with COVID-19 issued a policy of budget refocusing, Large-Scale Social Restrictions to the Enforcement of Restrictions on Micro Community Activities. Meanwhile, Australia in an economic effort issued a COVID-19 grant program policy in Eligible States and Territories if it was appropriate and other efforts made by Australia in handling COVID-19, namely locking in areas where new cases identified. The research was conducted solely for the purpose of producing a substantive picture of the impact of COVID-19 so as to be able to produce policies that do not contradict the existing situation.
Recentralization of Mining Licensing Authority and Its Impact on Local Autonomy in Indonesia Tinambunan, Hezron Sabar Rotua; Istislam; Hadiyantina, Shinta; Kusumaningrum, Adi; Tajudin, Amalina Ahmad
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p520-539

Abstract

The principle of decentralization is a constitutional mandate that grants authority to regional governments to administer governance and manage natural resources within their respective jurisdictions. This principle emerged as a corrective measure to the centralized governance model of the New Order regime, which had resulted in significant disparities in welfare between the central government and the regions. Law Number 4 of 2009 on Mineral and Coal Mining initially reinforced this decentralization by delegating the authority to issue Mining Business Permits (IUP) to local governments, thereby contributing to the enhancement of local community welfare in resource-rich regions. However, the enactment of Law Number 3 of 2020, which amended Law Number 4 of 2009, reversed this decentralization by reassigning such authority to the central government. This legislative shift represents a constitutional anomaly, contradicting the decentralization spirit embedded within the 1945 Constitution of the Republic of Indonesia. This study employs normative legal research methods using statutory and conceptual approaches to examine the division of authority between the central and regional governments in managing the mineral and coal mining sector. The findings reveal that the recentralization of IUP authority not only undermines regional autonomy but also adversely affects the development of resource-producing regions and hampers the realization of social justice as envisioned in the framework of a welfare state.
Co-Authors Adi Kusumaningrum Hassan, Fareed Mohd Istislam Kusuma, Febrian Indar Surya Mohd Rusli, Mohd Hazmi Bin Permatasari, Vivi Ayudya Shinta Hadiyantina Sugiarto, Aditya Ferryan Tinambunan, Hezron Sabar Rotua