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All Journal International Journal of Educational Research and Social Sciences (IJERSC) Balobe Law Journal CITIZEN: Jurnal Ilmiah Mulitidisiplin Indonesia
Setyardi, Untung
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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 1 
The Role of Mutual Legal Assistance in Obtaining Testimony From Foreign Witnesses Setyardi, Untung
Citizen : Jurnal Ilmiah Multidisiplin Indonesia Vol. 5 No. 1 (2025): CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia
Publisher : DAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53866/jimi.v5i1.694

Abstract

Research on Mutual Legal Assistance (MLA) has been widely conducted in various countries, but for Indonesia, this is a relatively new topic. This article aims to examine MLA from the perspective of law and social contract. The research focuses on methods that can be used to obtain testimony from foreign nationals who act as witnesses. In writing this article, the author employs a normative legal research method with a conceptual and legislative approach. The analytical technique used is literature study The research findings indicate that foreign nationals have the right to refuse to provide testimony in an Indonesian court without any legal consequences. This phenomenon results in a lack of critical evidence in criminal case investigations, specifically witness testimony.
Asas Kemanusiaan Versus Kedaulatan Negara: Dilema Perlindungan Hukum Bagi Pengungsi di Perbatasan Indonesia Setyardi, Untung
Citizen : Jurnal Ilmiah Multidisiplin Indonesia Vol. 5 No. 3 (2025): CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia
Publisher : DAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53866/jimi.v5i3.886

Abstract

This article examines the dilemma between humanitarian principles and state sovereignty in the context of legal protection for refugees entering Indonesia's border regions. As a non-signatory to the 1951 Refugee Convention and the 1967 Protocol, Indonesia holds no formal international legal obligations toward refugees, yet it frequently serves as a transit country for asylum seekers from conflict zones such as Myanmar, Afghanistan, and Sri Lanka. This study employs a normative juridical method, combining legislative analysis with case studies, particularly focusing on the treatment of Rohingya refugees in the coastal areas of Aceh. Findings indicate that although the non-refoulement principle is universally recognized and reflected in Presidential Regulation No. 125 of 2016, its implementation remains dependent on national political dynamics and local institutional capacity. The tension between human rights protection and sovereign control is evident in Indonesia’s often inconsistent and ad hoc responses to refugee arrivals. The article concludes that a reconstruction of national legal policy is essential to ensure minimum protection in accordance with international humanitarian norms while preserving the integrity of state sovereignty.
Progressive Law and Environmental Refugee Protection: Reconstructing The Paradigm of Substantive Justice In Indonesia Setyardi, Untung
International Journal of Educational Research & Social Sciences Vol. 6 No. 6 (2025): December 2025 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i6.970

Abstract

This research analyzes refugee protection in Indonesia from the perspective of progressive law, aiming to reconstruct a substantive justice paradigm in response to the limitations of legal-formalistic and positivistic approaches. The study is driven by the absence of comprehensive national legislation on refugee protection and Indonesia’s non-ratification of the 1951 Refugee Convention and its 1967 Protocol, which have resulted in legal uncertainty and the treatment of refugees primarily as immigration issues rather than as rights-bearing individuals. This problem is further exacerbated by the emerging phenomenon of environmental refugees displaced by climate change, environmental degradation, and ecological disasters, who remain largely unrecognized within existing legal frameworks despite facing serious threats to their lives and dignity. Using a normative-juridical method with conceptual and philosophical analysis, this research examines progressive law theory, constitutional values, Pancasila, and fundamental principles of international human rights law, particularly the principle of non-refoulement. The findings demonstrate that reliance on formal legality alone is insufficient to ensure meaningful protection for both conventional and environmental refugees, while progressive law offers a humanistic framework that prioritizes human dignity and substantive justice beyond written norms. The study concludes that refugee protection in Indonesia requires a paradigm shift toward a progressive law approach grounded in constitutional and humanitarian values to effectively safeguard refugees’ fundamental rights.
Ratification of the Biodiversity Beyond National Jurisdiction Agreement: Implications for Indonesia’s National Interests and Implementation Challenges Indrawati, Nanda; Setyardi, Untung
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3775

Abstract

Introduction: Areas Beyond National Jurisdiction (ABNJ) cover approximately two-thirds of the world's oceans. These areas play a vital role in maintaining the balance of the global marine ecosystem. However, the United Nations Convention on the Law of the Sea 1982 does not comprehensively regulate the conservation and utilisation of marine biodiversity in these areas. This legal vacuum led to the creation of the Agreement on Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). Indonesia has ratified this agreement through Presidential Regulation No. 67 of 2025, which has legal implications for the national legal system.Purposes of the Research: This article aims to analyse the implications of ratifying the BBNJ Agreement for Indonesia's national interests and the challenges of implementing it within the national legal system.Methods of the Research: This study uses a normative legal research method with a legislative and conceptual approach through a review of relevant international legal instruments and national legislation.Results of the Research: The results of the study show that ratification of the BBNJ Agreement is strategically crucial for Indonesia as an archipelagic and developing country, particularly through the four main pillars of the BBNJ Agreement, namely the regulation of marine genetic resources and benefit sharing, area-based management tools, environmental impact analysis, and capacity building and marine technology transfer. However, ratification also poses legal and institutional challenges, including the need to harmonize national legislation, regulate marine genetic resources and digital sequence information, strengthen inter-ministerial coordination, and adjust law enforcement mechanisms for Indonesian citizens' activities in international waters. Therefore, follow-up measures are needed to strengthen the national legal and institutional framework so that the implementation of the BBNJ Agreement can proceed effectively and in line with Indonesia's national interests.
Co-Authors Indrawati, Nanda