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All Journal Reformasi Hukum Trisakti
Osama Ahmad Faza
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Law, Crime, Criminology & Criminal Justice

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ANALISIS PELANGGARAN DAN TANGGUNG JAWAB NEGARA ATAS KEKERASAN TERHADAP PEKERJA MIGRAN INDONESIA OLEH MARITIM MALAYSIA DI TANJUNG RHU: Analysis of Violations and State Responsibility for Violence Against Indonesian Migrant Workers by Malaysian Maritime in Tanjung Rhu. Osama Ahmad Faza; Ayu Nrangwesti
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.23212

Abstract

The violent and shooting incident carried out by the Malaysian Maritime Enforcement Agency (APMM) against five Indonesian Migrant Workers (PMI) in Tanjung Rhu waters resulted in three serious injuries and two fatalities. This incident raises two main issues: whether APMM's actions violated the 1990 Migrant Workers Convention and what form of responsibility the Malaysian state took for the incident. The research was conducted using normative research methods and literature studies as well as deductive methods for conclusions. The results of the discussion and research indicate that the shooting action by APMM constitutes excessive use of force and violates the principles stipulated in the 1990 Migrant Worker Convention and several international human rights instruments. Although Malaysia has not ratified it, the action is substantively contrary to the principles of protection contained therein. The actions carried out by APMM as a state apparatus can be directly attributed to Malaysia, which results in Malaysia having an international legal obligation to be responsible for the violent acts committed by APMM.
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