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All Journal Indonesian Journal of Law and Justice Law and Justice Journal of Governance and Public Administration Kalam Al Gazali: Education and Islamic Studies Journal
Marah, Thomas Sheku
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Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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YOUTH PARTICIPATION IN GLOBAL GOVERNANCE: OPPORTUNITIES AND CHALLENGES: OPPORTUNITIES AND CHALLENGES Marah, Thomas Sheku; Pradhan, Happy David; SHUHOOD, FATHIMA ADILA
Journal of Governance and Public Administration Vol. 2 No. 1 (2024): Desember
Publisher : Yayasan Nuraini Ibrahim Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70248/jogapa.v2i1.1718

Abstract

The inclusion of youth in government decision-making processes is an increasingly prevalent trend within the context of global governance. The world’s population has more than 1.8 billion youths aged between 15 and 30 and therefore their integration into policy frameworks and decision-making processes is essential for achieving sustainable development goal, peace creation, and advancement of technologies. The youth are the key agent of change who are proficient in technology, optimistic about the future, and determined as they always seek to change. Unfortunately, they are on the other hand subjected to and required to endure in the face of tokenistic representation, disillusionment and institutions resistant to change. This paper seeks to evaluate the global governance youth participation by looking at the existing frameworks, examples of best practices, and the most systemic challenges that are preventing full integration of youth in global governance. Specifically, the findings show how emerging youth policies such as the African Union Youth Charter and the Commonwealth Youth Council, as well as youth-led social movements (e.g., Fridays for Future), are already influencing international policies. It also highlights the importance of significant institutional reforms as well as the infusion of consistent and sustainable investment to enhance the youth participation in global governance. This paper starts with practical policy recommendations such as capacity building and strengthening measures and recruitment case studies of inclusion of youth in governance. All in all, youth should be prepared with an active role in making the decisions that shape their future through strengthening measures through financial independence and meaningful educational reforms.
HUMANITARIAN LAW AND ASEAN: ANALYZING REGIONAL COMMITMENT AND HUMANITARIAN RESPONSE MECHANISMS IN SOUTHEAST ASIA Marah, Thomas Sheku
Journal of Governance and Public Administration Vol. 2 No. 2 (2025): Maret
Publisher : Yayasan Nuraini Ibrahim Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70248/jogapa.v2i2.2128

Abstract

This paper analyzes the significance and role of the Association of Southeast Asian Nations (ASEAN) within the domain of International Humanitarian Law (IHL) in Southeast Asia. In particular, in a region often susceptible to natural disasters, internal conflicts, and humanitarian crises, the work of ASEAN to promote the prescriptions of IHL is increasingly essential. Using a qualitative doctrinal legal research methodology, the paper analyzes ASEAN's legal tools (e.g., AADMER), institutional framework (e.g., the AHA Centre), and engagement with international humanitarian actors. From primary legal sources, scholarly literature, and case studies—the Rohingya crisis, regional pandemic response—the paper examines ASEAN's adherence to IHL norms. Despite institutional advances in areas like disaster management, the research discovers that the norms of non-interference, lack of binding enforcement mechanisms, and differential commitment of state actors are major challenges to ASEAN’s effectiveness. The paper, in a concluding section, provides suggestions on how compliance with IHL can be improved, including through law reform, expanding the mandates of relevant ASEAN institutions, and increased cooperation with international humanitarian actors.
Legal Protection of Indigenous Peoples Under International Environmental Law Marah, Thomas Sheku
Indonesian Journal of Law and Justice Vol. 2 No. 4 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i4.4112

Abstract

Indigenous peoples have a unique relationship with their environment, but they are under immense threat from environmental destruction, dispossession of land, and climate change. Even with the UNDRIP and CBD, although there are frameworks comprehensively defining their rights, protective measures lack adequate enforcement and are superficial at best. This article intends to focus on how much international environmental law extends in protecting an indigenous person's environmental rights by conducting a normative legal analysis of basic international treaties, case law, and regional human rights adjudications. The results suggest a gap between extensive legal recognition of indigenous rights and the perpetual challenge of state-controlled borders, corporate dominance, and insufficient enforcement policies. There are major gaps regarding the violation of FPIC, legal and illegal land tenure thresholds, widespread poverty, and restricted civil participation in the Amazon, Southeast Asia, and East African regions. The article examines gaps such as minimal legal oversight and looser regulation on state and corporate actors that impede shielded privileges from public scrutiny. To achieve these objectives, the author suggests strengthening these identified gaps through the establishment of bottom-up accountability approaches, integration of indigenous law frameworks, and an approach that views governance and environmental issues as human rights matters. The study advocates for the incorporation of indigenous peoples as active participants at the national and international levels of environmental governance, with full legal recognition and protection of their rights.
Divine Justice and Social Inequality: A Theological Response from Islamic Tradition Marah, Thomas Sheku
Kalam Al Gazali: Education and Islamic Studies Journal Vol 2 No 2 (2025): Education and Islamic Studies Journal (Februari-September)
Publisher : LPPM STAI AL GAZALI BARRU

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20241/agzdqw56

Abstract

This article examines the fundamental concept of divine justice (‘Adl) through Islamic theological perspectives and its  relevance for addressing current social inequalities. Modern societies encounter major economic disparities and systemic social neglect and injustice which  demands new theological solutions to these crises. The research uses qualitative literature review methods to analyze classical and modern  divine justice interpretations from Al-Ghazālī, Ibn Taymiyyah, Sayyid  Qutb, Kamali, Esack, and Ramadan. The Findings shows divine justice functions beyond theoretical  abstraction to establish normative guidelines which affect policy decisions, ethical principles, governance systems and human development programs. specifically, it reveals that  Islamic theology provides a unified ethical system which addresses poverty reduction alongside gender equality and social justice promotion. The practical implication of this study is that Islamic  theology serves as a transformative tool for ethical progress and societal change in modern times through its critical reinterpretation.
The Principle of Non-Intervention in the Age of Humanitarian Crises Marah, Thomas Sheku
Law and Justice Vol. 10 No. 2 (2025): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v10i2.10774

Abstract

This research critically describes the evolving tension between the principle of non-intervention and the newly arising norm of the Responsibility to Protect (R2P) under international law. While state sovereignty has long been considered the pillar of the international order, increasing numbers of mass atrocities and humanitarian crises have prompted international actors to reassess their obligation to intervene where states fail to protect their citizens. This study undertakes a doctrinal and qualitative analysis of significant international legal instruments, case studies such as Libya and Syria, and scholarly writings to ascertain the normative and legal validity of humanitarian intervention and R2P. It analyzes the legal basis of the principle of non-intervention, the ethical grounds for humanitarian intervention, and the practical application of R2P through international organizations such as the United Nations. The research also explores the issue of operationalizing R2P, including selectivity, political manipulation, and inconsistency in state practice. The research demonstrates that while R2P offers an attractive normative framework for responding to mass atrocities, its enforcement is thwarted by geopolitical interests and the lack of binding legal status. The findings of the research demonstrate a clear need for reform of the international legal system and a more robust institutional commitment to balancing state sovereignty with humanitarian obligations, thereby conducting interventions within a legal, consistent, and accountable framework.
Co-Authors Pradhan, Happy David SHUHOOD, FATHIMA ADILA