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Journal of Islamic Law Studies
Published by Universitas Indonesia
ISSN : 26208860     EISSN : 26144829     DOI : https://doi.org/10.46708
Core Subject :
JILS has a scope of Islamic law including sharia economics, perspectives on Human Rights in Islam, Islamic Criminal Law, Islamic Civil Law, Zakat, Islamic Philosophy, and other matters related to Islamic knowledge.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 1, No. 3" : 7 Documents clear
ORIENTATION OF ZAKAT AS HUMANITARIAN ASSISTANCE TO ROHINGYA REFUGEES IN INDONESIA Kasim, Nur Mohamad; Towadi, Mellisa
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

The aim of this writing, reviewing the existence of Zakat as humanitarian assistance can be allocated for the Rohingya refugees who are in Indonesia. Given zakat is of national income devoted to indigenous citizens. This writing is normative, is the principal legal study is conceived as norms or rules which apply, both Islamic Law and International Law. Moreover, the authors did a qualitative approach through the study of Islamic law and supported the chart data on Zakat nationally and internationally. In the conclusion showed, firstly, the Rohingya refugees stranded in Indonesia must be given humanitarian aid as well as the Indonesian government to give relief to the citizens Themselves, secondly, Indonesia with the Reviews largest Muslim population Strengthen obligations to protect the Rohingya refugees as solidarity Among fellow Muslims, third, Zakat implicitly also adhere to humanitarian assistances principle, the which is where all the funds collected from individuals is much more efficient assistance as humanitarian aid compared to other humanitarian aid, fourth, Zakat is a source of social financing to increase of the GDP (Gross Domestic Product) of Islamic states and can be relied upon as the primary funding source for humanity.
SCALING UP HUMANITARIAN AGENDA WITHIN COMMUNAL VIOLENCE IN MYANMAR Lestari, Mega Ayu
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

Following the historical origins, social triggers, and ethics about their status of citizenship, theRohingya should be treated properly as human-being. Even there are contradictions between the Burma Citizenship Law who did not admit them as an ethnic group of Myanmar, and Rohingya leaders who claimed as the descendants of the precolonial Muslim community of Rakhine State, it could not allow discrimination, confiscation of land, violence, and any other forms of injustice against the Rohingya. Hence, this paper would like to explain how they can be recognized in achieving their rights and reshaping the importance of humanitarian agenda, in which these are able to address the on-going abuse and exploitation within them and the needs of both critical agents and strong political solutions to alleviate the suffering of Rohingya. It also might be considered as an effort to broaden perspective among society in the meaning of refugees‟ law and protection. In case of promoting humanitarian agenda of the Rohingya, the paper has underscored this steps: 1) understanding the root cause of the stateless of Rohingya, 2) redefining values of solidarity; especially in ASEAN countries, 3) identifying the best feasible humanitarian action and initiatives, 4) reframing media and communication strategy to help encourage public opinion; and ultimately public policy to end the crisis of Rohingya. Through science-policy interface, it provides networking schemes and humanitarian programs designed to activate their voices and initiatives, to invest for capacity- building and creating local leaders within Rohingya community. This paper can contribute to build a greater accountability at national and international level while measuring the impact of multisectoral partnerships that use an interdisciplinary approach. As a result, it will affect on the Rohingya recognition, and close their gaps and needs as a move towards well-being community.
MAKING THE BEST OUT OF THE WORST: UTILIZING INDONESIA’S EXISTING LAWS TO PROTECT ASYLUM SEEKERS IN TRANSIT Rahmani, Tanita Dhiyaan
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- ya asylum seekers. Asylum seekers suffers the most in Indonesia’s legal imbroglio. Despite the existing laws, the government of Indonesia has been identifying asylum seekers as illegal migrants under Immigration Law and kept them inside Immigra- tion Detention Centres (IDCs), with common reports on ill-treatment and rampant violence. As a transit country, Indonesia carries the moral and legal responsibility to protect refugees during their transit with the ultimate purpose to prepare them to be resettled in countries that have signed the 1951 Convention. During this commonly lengthy and uncertain period or transit where the United Nations High Commissioner for Refugees or International Organization of Migrants will issue their refugees ap- plication result, protection should not be absent. Instead of suggesting Indonesia to ratify the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol, this paper argues that Indonesian existing laws and regulations have provides it with national and international obligations to protect asylum seekers in transit, including to refrain from refoulement action. Thus, rendering the claim of an absence legal basis an irrelevant excuse.
THE PLIGHT OF ROHINGYA PEOPLE IN BANGLADESH: ACCESS TO JUSTICE AND HUMAN RIGHTS PROTECTION Mahdi, Shyikh
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

Bangladesh has a long history of hosting Rohingya from the Northern Rakhine State of Myanmar with the earliest arrivals recorded in 1948. The recent influxes occurred in last few years forced a large number of Rohingya to flee to Bangladesh in the wake of serious state repression in Myanmar. This huge influx of refugees without proper reception and attention from the Bangladeshi side caused severe humanitarian crisis; the appalling conditions of the refugee ghettos are gradually deteriorating. Desperate for their survival, the Rohingya people are infiltrating into various levels of socio-economic structures of Bangladesh without any proper plan/management policy. Often, Bangladesh is been used as the transit zone by the Rohingya people en route to other countries. The paper will analyze the existing situations of access to justice in formal and informal institutions by registered Rohingya Refugees in Cox’s Bazar District in Bangladesh. The specific objective of this paper is to make an assessment of existing situations of rights to access to justice, legal aid and representations, and fair trial of registered Rohingya residing currently in Bangladesh and check these in light of Bangladeshi national legal and international human rights standard. This paper will provide a thorough assessment of existing situation with a clear and precise analysis of international human rights and national legal standard. Some recommendations for improving the situation of Rohingya people for access to justice issue have been made at the end.
PROTECTING ROHINGYA REFUGEES IN ASEAN: THE CONTESTED HUMAN RIGHTS IN THE WORLD OF NA- TION-STATES Zayzda, Nurul Azizah
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper is partic- ularly interested in the ways that state through their actions- or inactions- establish a certain rhetoric about refugee rights. More specifically, this paper discusses the way ASEAN- referring to the regional organization and the individual states- shapes the rhetoric about refugee rights in their response to the Rohingya crisis. This paper collects and gather information regarding ASEAN meetings and policies as well as states’ initiatives and policies which directly or indirectly address the problems of Rohingya refugees. In order to understand how these policies form the way refugees rights is understood, this paper applies critical discourse analysis by revealing the direction to which the region and its individual states bring the overall discourse on refugee rights.
RESPECT THE NON INTERVENTION, DISRESPECT THE HUMANITY Humairoh, Uum
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

The non-intervention means that the equal sovereign states shall not intervene in each other’s internal affairs. The non-intervention would be regarded as an equivalent of non-intervention. The countries have obligation to obey this term to avoid other country’s intervention. Sometimes, it brings positive impact to the country, meaning that the country can stand alone to handle any issues, internal or external. However, as the time goes by, this issue of non-intervention has become debatable. ASEAN, regional organization in South East Asian, has used this term as basic prin- ciple to run the organizational function. ASEAN cannot be involved in the country members’ business. It will be different if the organization is encountered with human right issue. This paper will discuss how this basic principle of ASEAN faces various conflicts. This principle has made ASEAN not to be able to take any action regarding the human rights issue. The human violence suffered by Rohingya society in Myanmar has become challenge which must be solved together. ASEAN, as the supreme organization in South East Asian, is expected to find solutions for this issue.
Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- munities In Langsa City And East Aceh Wijaya, Yulia Rina
Journal of Islamic Law Studies Vol. 1, No. 3
Publisher : UI Scholars Hub

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Abstract

The arrival of Rohingya refugees in East Aceh in 2015 is different, in terms of num- ber and people’s response. From the first week to the beginning of the third month, aids flow in daily, piling up at government warehouses. So many people from the Langsa City and neighbouring areas come to see the refugees or offer helps. Sponta- neous social solidarity is evident out of collective memories of Tsunami disaster and spiritual connection. Impact of Rohingya refugees presence that receive humanitari- an aid from many local, national and international organizations which put refugees too special and full of aid and attentions is creating jealousy from local community who live in poor condition, lack of attention and has minimum access to basic need services. This situation generates conflict resistance, economic transaction, infection disease outbreak and criminal act. The impact of the refugee’s presence is not only limited to legal, political and humanitarian issues, but involving local cultures due to its interaction increasingly open. Refugee Camp location’s proximity to local peo- ple’s residence positions the people as buffer community which should considered as main stakeholder. The interaction between the refugees and the people requires a dialog media, so they are able to understand each other and decline the resistance of social and economic conflicts. The cultural dialogue and campaigns has become a medium that effective to build peace between them.

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