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All Journal JUSTICES: Journal of Law Jurnal Hubungan Luar Negeri Rechtenstudent Journal
Thomas Sheku Marah
Nusa Putra University, Indonesia.
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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International Migration and State Sovereignty: Reconciling Human Rights Obligations with Border Control Kudakwashe Zhou; Thomas Sheku Marah
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i3.379

Abstract

The movement of people across borders has become one of the most contested issues in contemporary international law, as the sovereign prerogative of states to regulate entry, exit, and residence increasingly collides with obligations arising from international human rights and refugee law. Global migration flows driven by armed conflict, poverty, environmental degradation, and political instability have intensified this tension, placing states under pressure to manage borders while upholding the dignity and fundamental rights of migrants. This study examines the legal and political challenges that emerge when states attempt to balance border control with international human rights commitments, with particular focus on asylum seekers, refugees, and irregular migrants. It analyzes the evolving interpretation of two core international instruments the 1951 Refugee Convention and the International Covenant on Civil and Political Rights alongside relevant regional frameworks, drawing on the jurisprudence of international courts and treaty bodies. The research further explores the interaction between domestic legal systems and international treaty obligations in shaping migration governance. Key areas of legal controversy, including the principle of non-refoulement, offshore processing, and the externalization of border controls, are critically assessed. Ultimately, this study seeks to contribute to the development of legal frameworks capable of reconciling state sovereignty with the protection of migrant rights in an increasingly fragmented yet interconnected global order.
Empowering Local Health Systems through Digital Financial Inclusion: A Qualitative Study of North Sumatra’s Community Clinics Thomas Sheku Marah
JUSTICES: Journal of Law Vol. 5 No. 1 (2026): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v5i1.218

Abstract

The research examines how digital financial inclusion strengthens local health systems in North Sumatra through its effects on community health clinic accessibility, and operational efficiency, and sustainability of puskesmas and independent clinics. A qualitative research method enables this study to explore financial innovation effects on healthcare delivery through interviews and field observations with health administrators, and local fintech actors, and OJK-affiliated institutions. The research will identify how mobile payment systems and microfinancing, and digital banking platforms operate to maintain business operations and support healthcare funding at the community level. The research identifies three main barriers to financial innovation in healthcare which include digital literacy issues and regulatory challenges. Inadequate infrastructure while suggesting practical solutions for OJK and regional governments to enhance financial innovation in healthcare. The paper supports Indonesia's Sustainable Development Vision 2045 by presenting policy discussions which unite financial access with regional health system development.
International Migration and State Sovereignty: Reconciling Human Rights Obligations with Border Control Kudakwashe Zhou; Thomas Sheku Marah
Rechtenstudent Vol. 6 No. 3 (2025): Rechtenstudent December 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i3.379

Abstract

The movement of people across borders has become one of the most contested issues in contemporary international law, as the sovereign prerogative of states to regulate entry, exit, and residence increasingly collides with obligations arising from international human rights and refugee law. Global migration flows driven by armed conflict, poverty, environmental degradation, and political instability have intensified this tension, placing states under pressure to manage borders while upholding the dignity and fundamental rights of migrants. This study examines the legal and political challenges that emerge when states attempt to balance border control with international human rights commitments, with particular focus on asylum seekers, refugees, and irregular migrants. It analyzes the evolving interpretation of two core international instruments the 1951 Refugee Convention and the International Covenant on Civil and Political Rights alongside relevant regional frameworks, drawing on the jurisprudence of international courts and treaty bodies. The research further explores the interaction between domestic legal systems and international treaty obligations in shaping migration governance. Key areas of legal controversy, including the principle of non-refoulement, offshore processing, and the externalization of border controls, are critically assessed. Ultimately, this study seeks to contribute to the development of legal frameworks capable of reconciling state sovereignty with the protection of migrant rights in an increasingly fragmented yet interconnected global order.
Global South Diplomacy and the Reconfiguration of International Order: Indonesia’s Emerging Strategic Role Thomas Sheku Marah; Fathima Adila Shuhood
JURNAL HUBUNGAN LUAR NEGERI Vol. 11 No. 1 (2026): Jurnal Hubungan Luar Negeri
Publisher : Kementerian Luar Negeri Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70836/avjw6g43

Abstract

The contemporary international order is characterized by geopolitical fragmentation, institutional pluralism, and demands for inclusive global governance. Existing scholarship explains Indonesia through middle-power diplomacy, strategic hedging, or ASEAN regionalism, but gives limited attention to how its diplomatic positioning produces institutional effects. This article develops the concept of adaptive governance agency to explain how a materially non-dominant state uses agenda mediation, coalition brokerage, and normative translation within asymmetrical governance structures. Employing a qualitative interpretivist design, the study analyzes 75 documents produced between 2014 and early 2026, including presidential speeches, foreign-ministry statements, ASEAN documents, G20 declarations, JETP agreements, partner-government materials, and scholarship. The analysis focuses on Indonesia’s 2022 G20 Presidency, the ASEAN Outlook on the Indo-Pacific, and the Just Energy Transition Partnership. The findings show that Indonesia generated bounded institutional effects through intermediary legitimacy leverage, producing agenda continuity, textual incorporation, and developmental accommodation. Indonesia therefore contributes to the incremental pluralization of international authority through negotiated institutional repositioning, although its influence remains constrained by major-power bargaining, institutional limitations, economic dependence, and domestic interests.
Co-Authors Fathima Adila Shuhood Kudakwashe Zhou