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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 61 Documents
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CHILD MARRIAGE CONDITIONALITY AND ITS DISPENSATION IN MAHKAMAH SYAR’IYAH ACEH, INDONESIA Raudhatul Jannah; M. Ya’kub Aiyub Kadir
Student Journal of International Law Vol 1, No 1: August 2021
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v1i1.18078

Abstract

This research aims to explain the policy regarding the conditionality and its dispensation of child marriage and to find out the effectiveness of the Law Number 16 Year 2019 Concerning the Amendment of Law Number 1 Year 1974 Concerning Marriage Law as well as the implementation of child marriage conditionality in Aceh by analysing Mahkamah Syar’iyah decisions. This research uses normative empirical legal research which mostly discusses on the Marriage Law and focuses on the norms regarding the conditionality and its dispensation of child marriage that is regulated under the Marriage Law and the implementation in Aceh. Keywords : Child Marriage, Children Rights, Legal problems, Mahkamah Syar’iyah.
THE ROLE OF INTERNATIONAL AGENCIES IN MANAGING ROHINGYA REFUGEES IN ACEH PROVINCE, INDONESIA: TOWARDS FUTURE SOLUTIONS Kadir, M. Yakub Aiyub; Kesuma, T. Meldi; Siregar, M. Ridha; Halim, Hendra; Siregar, Muhammad Rizqi; Humaira, Radhia; Nisva, Raisa Ullya; Saddaq, Mizan
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31614

Abstract

This study explores the management of Rohingya refugees in Aceh, focusing on the roles and responsibilities of key stakeholders with reference to United Nations High Commissiners for Refugees (UNHCR) and International Organsiasiton of Migration (IOM). Through social legal and emperical methods, including interviews and field observations, the article identifies challenges and potential solutions related to refugee management. The findings highlight the crucial role of UNHCR in providing protection and essential aid to Rohingya refugees, encompassing registration, documentation, and basic necessities. Simultaneously, IOM plays a pivotal role in facilitating orderly migration and advocating for human rights. The study also sheds light on a shift in local attitudes towards refugees, influenced by media misinformation and political motivations. Both organizations collaborate with the Indonesian government and local NGOs to address these issues, emphasizing the need for more comprehensive and long-term strategies. Recommendations include enhancing communication strategies, improving integration programs, and tackling the root causes of displacement. The study underscores the importance of a coordinated approach to support and safeguard Rohingya refugees.
RESPONDING TO REFUGEES DURING THE COVID-19 PANDEMIC IN INDONESIA: A FOCUS ON ROHINGYA REFUGEES IN LHOKSEUMAWE, ACEH 2020-2022 Fajri, Muhammad; Putra Disantara, Fradhana; Mukammil, Miftah Mardhatillah
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.22761

Abstract

This study examines the roles of UNHCR, the government, and health authorities in addressing the needs of refugees during the COVID-19 pandemic. It specifically looks at national regulations concerning vaccinations for refugees and identifies the obstacles and challenges in providing these vaccinations. The findings indicate that the collaboration among UNHCR, the government, and health services in managing refugee issues has not been effective. Despite 120 refugees arriving in Lhokseumawe City, the available shelter was inadequate. Furthermore, UNHCR fell short in conducting PCR tests, distributing masks and hand sanitizers, and ensuring vaccinations for the refugees. National regulations regarding the vaccination of Rohingya refugees are stipulated in Article 27 of the 2016 Presidential Regulation on Handling Refugees from Abroad. The administration of vaccinations to refugees has faced challenges due to logistical constraints and shortages in vaccine supplies. To address these issues, the study suggests the need for additional adequate shelters for refugees, as well as the provision of masks and hand sanitizers. It also recommends implementing PCR testing for all refugee activities and finding administrative solutions to facilitate vaccine access for refugees.
LEGAL OBSCURITY SURROUNDING FOREIGN DIRECT INVESTMENT IN INDONESIAS DIGITAL SECTOR Faizah, Farah
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.28073

Abstract

This article examines the legal uncertainties surrounding the basis for Foreign Direct Investment (FDI) in Indonesias digital business sector. This research employs a normative-juridical approach, focusing on the analysis of existing laws, regulations, and legal precedents related to FDI in Indonesia's digital sector. We have reviewed legal texts, procedural guidelines, and relevant case studies to inform our findings. The primary legal issue addressed in this study is the lack of clarity in specific regulations governing FDI in digital businesses. This ambiguity has led to an increase in illegal investments, as foreign investors navigate a complex legal landscape with inadequate guidance. By highlighting these ambiguities, we seek to provide insights into how these legal uncertainties hinder legitimate investment opportunities and contribute to the proliferation of unauthorized investment activities. The findings indicate that the obscurity of regulations surrounding digital business FDI has created significant challenges for both investors and regulators. The lack of coherent and targeted legislation not only inhibits potential foreign investment but also increases the risks of non-compliance among investors. Moreover, the study reveals that existing laws often fail to account for the unique characteristics and rapid evolution of the digital landscape.
IMPLEMENTING MUTUAL LEGAL ASSISTANCE (MLA) IN MONEY LAUNDERING: A CASE OF PT. CIPTA GRAHA NUSANTARA Azzuhra, Fazila; Haflisyah, Teuku; Rahmah, Siti
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.28975

Abstract

This article clarifies the laws and regulations governing the implementation of mutual cooperation in cases of money laundering linked to corruption. It specifically examines the application of MLA in the context of PT Cipta Graha Nusantara. Using a normative legal research methodology, this study analyzes international treaties and domestic legislation, focusing on their application within the judicial process. Data collection involved document analysis of relevant domestic and foreign regulations. The findings indicate that Indonesia and Switzerland have ratified a mutual assistance agreement in criminal matters (Law No. 5 of 2020) and that Law No. 1 of 2006, concerning Mutual Legal Assistance in Criminal Matters, has also been ratified. It is the responsibility of the Indonesian government to facilitate the prosecution of its citizens involved in transnational crimes. It is recommended that the government enhance collaboration with other countries facing similar legal issues to streamline the legal processes for tackling transnational crimes. Additionally, effective coordination among relevant ministries and institutions is crucial for facilitating MLA procedures.
MEDICAL SUPPLY SHORTAGES DURING THE COVID-19 PANDEMIC: INDONESIAS CHALLENGE AMID EXPORT LIMITATIONS Safitri, Wahyuni; Wardah, Wardah; Iqbal, M. Putra
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.29415

Abstract

The GATT 1994 does not provide adequate international measures to address the shortage of medical supplies during emergencies, particularly pandemics. This article explores this agreement in relation to Indonesia's export restrictions during the COVID-19 pandemic. As a member state, Indonesia implemented measures to restrict the export of medical supplies, which was permitted by the WTO during this crisis. We will examine how Indonesia can invoke GATT 1994 to justify these measures. The analysis indicates that after the Indonesian government adhered to the necessary political procedures outlined by the WTO Secretariat, the implementation of export restrictions can be justified under Articles XI(2)(a), XX(b), XX(j), and XXI of the agreement. However, despite this justification, Indonesia should enhance coordination between national and international policies regarding the availability and necessity of medical supplies in relation to pandemics and other emergencies to prevent future shortages and related issues.
IMPLICATIONS OF INTERNATIONAL REFUGEE LAW FOR INDONESIAN CITIZENS FACING POLITICAL EXILE Nasution, M. Ghopar Azizi; Rosmawati, Rosmawati
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.29756

Abstract

The 1951 Refugee Convention and the 1967 Refugee Protocol provide a clear foundation for understanding the status and citizenship rights of international refugees. This article explains the position of political exiles from the perspective of international refugee law and examines the process of seeking asylum for those in exile. Drawing on normative juridical research, this article analyzes data from various legal sources to shed light on this issue. Political exiles can be categorized as international refugees because they leave their country not by personal choice, but due to differences in political views that threaten their lives. The process of resolving asylum claims involves filing an application with the host country, followed by an assessment and examination of eligibility for refugee status. It is essential that receiving countries adhere to their international legal obligations, including the 1951 Refugee Convention and the 1967 Refugee Protocol, when handling cases of political exile.
RETHINKING CAPITAL PUNISHMENT IN INDONESIA: LEGAL FRAMEWORK AND PATHS TO ABOLITION Satrio, Pandu Adi; Yahya, Azhari
Student Journal of International Law Vol 4, No 2: December 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i2.31651

Abstract

The debate over the death penalty remains unresolved, with mixed opinions from legal professionals and human rights activists. In many Asian countries, discussions about international human rights and abolition treaties often face limitations, as they can be viewed as forms of cultural imperialism. This paper explore the implementation of the death penalty in Indonesia, examining the reasons for its continued use and analyzing steps that the Indonesian government could take to abolish it in line with the International Covenant on Civil and Political Rights (ICCPR). The research is normative legal research, which focuses on identifying legal rules, principles, and doctrines to address existing legal issues. It seeks to generate arguments, theories, and new concepts that can contribute to solving these problems. The findings indicate that the death penalty remains entrenched in Indonesia's legal system despite ongoing debates about its application. Many still view the death penalty as necessary, believing it aligns with human rights standards and Islamic principles. However, Indonesia has options for moving towards abolition, such as instituting a moratorium on the death penalty. It is recommended that the House of Representatives review all laws imposing the death penalty and mandate institutions to reassess cases where this penalty has been applied, potentially commuting sentences. The government can also consider implementing a moratorium on the death penalty as a step towards eventual abolition.
REGULATION OF CHEMICAL WEAPONS IN SELF-DEFENSE UNDER ARTICLE 51 OF THE UNITED NATIONS CHARTER Faradilla, Rizka; Adwani, Adwani
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.20676

Abstract

This study examines the regulation and use of chemical weapons in the context of state self-defense, exploring why certain countries resort to chemical weapons to defend against attacks. Conducted as normative legal research, the findings reveal that Article 51 of the United Nations Charter, which addresses self-defense, does not explicitly outline permissible weapons for this purpose. Consequently, many countries continue to utilize chemical weapons, despite their prohibition in warfare. The United Nations should consider amending the Charter, particularly Article 51, to include clearer guidelines on anticipatory self-defense actions. This would help prevent nations from justifying armed attacks for self-serving interests that ultimately harm others.
IMPLEMENTATION OF THE 1973 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) FOR THE PROTECTION OF ENDANGERED PANGOLIN SPECIES IN INDONESIA Habiel, Muhammad; Fikri, Fikri
Student Journal of International Law Vol 4, No 1: August 2024
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sjil.v4i1.31549

Abstract

Indonesia is one of the most biodiverse countries in the world and is home to the rare pangolin (Manis javanica). Pangolins are protected under Appendix I of CITES and Law No. 5 of 1990 on the Conservation of Natural Resources and Ecosystems, following Indonesia's ratification of the CITES convention in 1978. However, illegal pangolin trade persists despite these protections. The purpose of this thesis is to analyze how CITES, in collaboration with Indonesia, contributes to preventing and controlling illegal pangolin trade, as well as safeguarding pangolin species under Law No. 5 of 1990. This research employs normative legal methods, including library research to gather and classify information from various sources. It also uses a case approach for an in-depth examination of related legal issues and a statutory approach to analyze the current legislation. The findings indicate that despite Indonesia's 46-year participation in the international CITES convention and the establishment of Law No. 5 of 1990, illegal pangolin trade continues. The criminal provisions of Article 40 of Law No. 5 of 1990 have proven ineffective in deterring environmental crime.

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