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All Journal Jurnal Rechten : Riset Hukum dan Hak Asasi Manusia Constitutional Law Review
Jaedin
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Environmental Science Law, Crime, Criminology & Criminal Justice

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The Approach Of Restorative Justice Theory In Resolving The Rohingya Case In Myanmar And The Syrian Conflict Sutrisno, Andri; Hutabarat, Feby Amalia; Jaedin; Abdul Mutalib; Abdullah, Rahmat Hi
Jurnal Rechten : Riset Hukum dan Hak Asasi Manusia Vol 6 No 2 (2024): Hukum dan Hak Asasi Manusia
Publisher : Program Studi Hukum Universitas Nusa Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52005/rechten.v6i2.170

Abstract

This article examines the application of restorative justice theory as an alternative approach to resolving human rights violations in two complex conflicts: the Rohingya crisis in Myanmar and the Syrian civil war. Both cases highlight the limitations of international legal frameworks and retributive justice in addressing large-scale violations, including genocide, forced displacement, and systemic discrimination. Restorative justice, emphasizing victim recovery, offender accountability, and community reconciliation, offers a more inclusive and sustainable solution to these crises. In Myanmar, the Rohingya community has faced decades of systemic persecution, culminating in military operations in 2017 that forced over 700,000 people to flee, primarily to Bangladesh. In Syria, the prolonged civil war since 2011 has caused widespread displacement and destruction, leaving over 8.6 million people internally displaced by 2022. Traditional mechanisms, such as International Court of Justice (ICJ) proceedings and United Nations interventions, have been hindered by political obstacles and enforcement challenges. This study explores the potential of restorative justice in both contexts, focusing on mechanisms such as inclusive dialogues, reparations, and reconciliation. Drawing on theoretical frameworks by Howard Zehr, Johan Galtung, and John Braithwaite, the article proposes practical applications for rebuilding trust and addressing the root causes of the conflicts. The findings suggest that restorative justice can not only address the immediate needs of victims but also foster long-term peace and stability by transforming social relationships and reducing the likelihood of recurrent violence. By shifting the focus from punitive measures to holistic recovery, this approach offers valuable insights into the resolution of modern humanitarian crises..
Executive Neutrality and Partisan Politics in Indonesia’s Presidential System: Reassessing the Constitutional Boundaries of Presidential Power Rahayu Fitri , Rizki; Ayu Eviani Yuliantari , I Gusti; Amir , Irfan; Jaedin; Aris , Ismail
Constitutional Law Review Vol. 4 No.2 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i2.5952

Abstract

This study examines presidential neutrality in Indonesia’s presidential system, emphasizing its importance in safeguarding democratic fairness and electoral integrity. Using a normative legal approach, the research analyzes constitutional provisions, legislation, and state practices to assess how the President’s dependence on political parties generates conflicts of interest that undermine executive impartiality. The findings reveal that, despite legal prohibitions on partisan involvement by state officials, weak enforcement and the absence of an independent supervisory body perpetuate the erosion of neutrality within the executive branch. This gap between constitutional ideals and political practice highlights the vulnerability of Indonesia’s democracy to partisan influence. The study recommends reformulating the legal framework on executive neutrality, establishing an independent oversight institution, and promoting merit-based cabinet appointments to strengthen democratic integrity and the quality of governance.
Co-Authors Abdul Mutalib Amir , Irfan Andri Sutrisno Aris , Ismail Ayu Eviani Yuliantari , I Gusti Hutabarat, Feby Amalia Rahayu Fitri , Rizki Rahmat Hi. Abdullah, Rahmat Hi.