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M.Yakub Aiyub Kadir
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Student Journal of International Law
Published by Universitas Syiah Kuala
ISSN : -     EISSN : 28078497     DOI : https://doi.org/10.24815/sjil.v3i2.29557
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
We are interested in topics relating to domestic and international legal issues. it accepts articles relating to Civil Law, Criminal Law, Civil Procedural Law,Criminal Justice Process, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, Environmental Law and Constitutional Procedural Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 5, No 1: August 2025" : 6 Documents clear
THE ROLE OF THE OMBUDSMAN OF ACEH IN PREVENTING MALADMINISTRATION IN PUBLIC SERVICES: A CASE STUDY OF DP3A ACEH Ayu, Nadia Pratiwi; Sari, Novita; Ahmady, Iqbal
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.29862

Abstract

One of the key institutions overseeing public services in Indonesia is the Ombudsman of the Republic of Indonesia, as outlined in Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. The Ombudsman has the authority to supervise the implementation of public services provided by State-Owned Enterprises, Regional-Owned Enterprises, State-Owned Legal Entities, as well as private entities or individuals tasked with delivering public services that are partially or fully funded by the national or regional budgets. This research aims to analyze the role of the Ombudsman of Aceh in preventing maladministration and to examine their efforts related to public service issues within the Department of Women Empowerment and Child Protection (DP3A) Aceh. Employing a qualitative, descriptive approach, the study collects primary data through in-depth interviews with various stakeholders and supplements this with secondary data obtained from document analysis, including Law Number 37 of 2008, relevant regulations, and media reports. The findings highlight the significant role and proactive efforts of the Ombudsman of Aceh in addressing alleged maladministration within DP3A Aceh, functioning as an external supervisory body. Their efforts encompass a range of actions that demonstrate responsiveness and a commitment to fostering good governance. In addition to providing recommendations, the Ombudsman actively monitors the implementation of corrective measures to ensure compliance. In conclusion, the study reveals instances of maladministration within UPTD-PPA Aceh, particularly procedural deviations in handling Domestic Violence (KDRT) complaints involving children. The Ombudsman of Aceh identified these issues in accordance with the provisions of Law Number 25 of 2009 concerning Public Services.
LEGAL PROTECTION OF CHILDREN AFFECTED BY INTERNATIONAL CHILD ABDUCTION: A COMPARATIVE ANALYSIS BETWEEN INDONESIA AND SINGAPORE Sarah, Cut; Farsia, Lena
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33735

Abstract

International child abduction remains a persistent issue in both Indonesia and Singapore. While Singapore has enacted specific regulations to address this matter through specific legislation, including the International Child Abduction Act 2010 (ICAA), Indonesia still lacks specific regulations explicitly governing international child abduction. This article analyzes the legal framework governing the protection of children affected by international child abduction, with a focus on relevant international legal instruments, and analyse a comparison of legal protections provided in Singapore and Indonesia. The study employs a normative legal research method, analysing primary legal material, such as international conventions and domestic laws, as well as secondary sources. A comparative approach highlights disparities between Indonesias and Singapores legal frameworks for addressing international child abduction. The finding shows that while the Hague Convention on the Civil Aspects of International Child Abduction 1980 (Hague Convention) and the Convention on the Rights of the Child (CRC) offer a robust framework, Singapore, through the ICAA, effectively enforces international standards. Conversely, Indonesia, such as Law No. 35 of 2014 and the Criminal Code, lacks a mechanism for cross-border resolution and often treats such cases as custody disputes. Countries should recognize and understand existing international instruments like the Hague Convention and CRC to establish clear mechanisms for addressing international child abduction. Indonesia should accede to the Hague Convention and integrate its provisions into its domestic laws, following Singapores structured approach to better address cross-border cases.
RATIFYING THE WTO AGREEMENT ON FISHERIES SUBSIDIES: THE CHALLENGES AND OPPORTUNITIES FOR INDONESIA Firmansyah, Jenny Khalila; Wardah, Wardah
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33679

Abstract

Indonesia, as the worlds second-largest seafood producer, faces significant challenges in managing fisheries subsidies due to their contribution to overfishing, Illegal, Unreported, and Unregulated (IUU) fishing, and marine resource depletion. This study employs a normative legal research methodology, examining primary legal sources such as the WTO Agreement on Fisheries Subsidies (AFS), Law No. 7 of 2016 on the Protection of Fishermen, Fish Farmers, and Salt Farmers, and related regulations, complemented by secondary literature and semi-structured interviews with relevant government officials. The analysis compares Indonesias legal provisions with AFS requirements, identifying partial compliance and gaps in transparency, sustainability criteria, explicit prohibitions on harmful subsidies, and enforcement mechanisms. Findings also reveal weaknesses in Monitoring, Control, and Surveillance (MCS) systems, data collection, and equitable subsidy distribution. To address these issues, the paper proposes targeted legal amendments, technology-driven data reporting, phased subsidy reforms that safeguard small-scale fishers livelihoods, and strengthened regional cooperation through ASEAN frameworks. Ratifying the AFS, if paired with these reforms, would enable Indonesia to fulfil its international obligations while advancing sustainable fisheries governance.
THE COMMANDER'S RESPONSIBILITY FOR WAR CRIMES: THE NECESSITY FOR INDONESIA TO ADHERE TO THE ROME STATUTE Rifqi, Muhammad Ariq; Listriani, Sophia
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33736

Abstract

Commanders responsibility, as recognized in international law, holds military commander responsible for war crimes perpetrated by their subordinates if they fail to prevent or punish such actions. However, in Indonesias legal framework, it is insufficient due to the countrys inability to adhere to the Rome Statute. Indonesian Law No. 26 of 2000 on the Ad Hoc Human Rights Court is indeed regulating the matter of commanders responsibility, but it lacks the provisions for war crimes, which may cause serious risk of hindering the prosecution of war crimes perpetrators. The law also contains significant linguistic flaws on the commanders responsibility provisions, as obtained through comparison with the standards provided in the Rome Statute. The flaws are evident in Article 42(1), where the original wording of the Rome Statute is changed, therefore weakening mandatory responsibility and allowing ambiguous interpretations of the law. This study aims to contribute to the scholarship by analyzing how these legal gaps may prevent responsibility for war crimes. Utilizing normative legal research methodology with library-based and comparative approach, this study analyzes both international and Indonesias national legal instruments, including the Rome Statute, the 1949 Geneva Conventions, and Law No. 26 of 2000, alongside secondary sources such as academic literatures and historical precedents from tribunals such as Nuremberg. The findings reveal that Indonesias failure to incorporate war crimes provisions prevent justice in unresolved cases, such as the Timor-Leste Case, and undermines its compliance with International Humanitarian Law. Furthermore, this study proposes legal reform, with a possible ratification of the Rome Statute, as crucial measures to strengthen Indonesias responsibility mechanisms.
PATTERNS AND CONSEQUENCES OF VETO POWER IN GENOCIDE RESPONSE: A COMPARATIVE STUDY ON SYRIA AND PALESTINE Rana, Ariq Taqi
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.33678

Abstract

The United Nations Security Council (UNSC) faces significant challenges in addressing genocide due to the veto power granted to its permanent members under Article 27(3) of the UN Charter. This research analyzes the impact of veto power on the UNSCs accountability and effectiveness, focusing on the conflicts in Syria and Palestine. Through normative legal research and a comparative approach, the study characterizes the crimes committed by the Assad regime and the Israeli government as genocide using Genocide Watchs Ten Stages framework. It then examines how Russia and the United States have prioritized geopolitical interests over humanitarian concerns, enabling impunity and obstructing international legal accountability. Distinct from previous works, this study advances a legal critique grounded in jus cogens norms and the UN Charters purposes and principles. It proposes reforms such as a supermajority override and amendment of Article 27 to empower non-permanent members and strengthen the UNSCs capacity to respond effectively to genocide.
ENHANCING NUCLEAR ENERGY DEVELOPMENT: THE ROLE OF THE NEW ENERGY BILL IN LEGAL AND REGULATORY FRAMEWORKS Putra, Raihan Maulana
Student Journal of International Law Vol 5, No 1: August 2025
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v5i1.23052

Abstract

This paper emphasizes the significance of the new energy bill in the development and operation of nuclear energy, highlighting the importance of a well-structured legal framework. The research employs normative-juridical methods to analyze relevant legal principles and regulations. Findings indicate that numerous international nuclear laws and regulations, which have been ratified or adopted, must be integrated into national legislation to ensure compliance and effective governance. The study also reveals significant opposition rooted in concerns over nuclear management failures, past nuclear accidents, and a shortage of qualified human resources. The impact of the Nuclear Non-Proliferation Treaty (NPT) underscores that nuclear power can be utilized peacefully for development and benefit, provided proper safeguards are in place. The research suggests that several implementing laws and nuclear security regulations remain insufficiently regulated and require prompt development. It advocates for the immediate enactment of the new and renewable energy bill, which should explicitly include provisions for nuclear power, emphasizing safety, security, and sustainable development. Incorporating nuclear energy into this legislation is crucial for advancing national energy security and aligning with international standards. The paper recommends that the government prioritize the formulation and enactment of comprehensive legal instruments to regulate nuclear energy effectively, ensuring safety, security, and sustainable use while addressing public concerns and international obligations.

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