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All Journal International Journal of Educational Research and Social Sciences (IJERSC) 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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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
Publisher : CV. Inara

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.
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