Indonesian Law Journal

FULL E-BOOK INDONESIAN LAW JOURNAL VOLUME 17 N0. 1, 2024

Nofli — 2024-12-26

The 2024's first edition of Indonesian Law Journal Volume 16 has been published. The discussion topic of this edition is The Role of the International Court of Justice (ICJ) and Its Legally Binding Advisory Opinions in Dealing with Armed Conflicts and State Responsibility in Handling Foreign Refugees. This edition presents 6 (six) articles from authors with various backgrounds. Please enjoy reading as we hope these article in our Journal are beneficial and constructive towards the development of national law.

HANDLING OF ROHINGYA REFUGEES IN INDONESIA AS A TRANSIT COUNTRY

Rona Puspita — 2024-12-23

Indonesia has long been a transit location for many refugees, including those from the Second Indochina War, especially Vietnam and Cambodia, who began entering Indonesian territory in 1975. Currently, refugees from Myanmar, namely the Rohingya, are starting to enter Indonesia because their country is experiencing a civil war conflict in which prolonged. As a transit destination country, Indonesia cannot refuse them because of international conventions that the government complies with, but as time goes by Indonesia experiences overcapacity in refugee matters and the final destination country does not immediately make a decision regarding the fate of these refugees. So there is a need for assistance and solutions from the Indonesian government regarding this matter refugees. The aim of this research is to analyze in depth the refugee phenomenon in Indonesia and provide solutions related to this problem through an academic perspective. The research method is a sociolegal approach regarding legal policies regarding refugees in Indonesia. The results of the research are that there are several steps that need to be taken refugees, including reactivating islands in Indonesia as transit locations past experiences during the Vietnam war, efforts to ratify the convention on refugees because Indonesia is not a signatory country, then clarifying the presidential regulation on refugees so that its implementation is clearer.

MARRIAGE RIGHTS OF ROHINGYA REFUGEES IN INDONESIA: LEGAL RECOGNITION AND CHALLENGES

Fitri Amalia Sari — 2024-12-23

The UN Refugee Agency (UNHCR) reports that the number of Rohingya refugees who have come to Indonesia since November 2023 has reached 1,200 people. The arrival of Rohingya refugees to Indonesia is a serious problem that highlights humanitarian and international legal challenges. This often occurs as part of forced migration resulting from conflict, violence and human rights violations in their countries of origin, particularly in Myanmar. On May 17, 2024, two Rohingya ethnic refugee couples who were in the West Aceh Regent's Office Complex refugee camp, Meulaboh got married. However, there are no provisions in the Indonesian state that regulate the marriage of Rohingya immigrant couples. The aim of this research is to investigate the legal framework that regulates marriage rights for Rohingya refugees in Indonesia. It covers existing laws and policies and evaluates the extent to which the legal framework recognizes their marriage rights and the factors that constitute the legal challenges faced by Rohingya refugees in obtaining legal recognition of their marriages in Indonesia

LEGAL AND PRACTICAL IMPLICATIONS OF THE ICJ ON SOUTH AFRICA'S LAWSUIT AGAINST ISRAEL REGARDING PALESTINE

khairunnisa Irianto — 2024-12-23

The International Court of Justice's temporary ruling on South Africa's lawsuit against Israel and Palestine asks Israel to take all steps to prevent genocide in the vast territory of the Gaza Strip. Israel must also prevent and punish those who publicly incite genocide in Gaza and increase the inflow of humanitarian aid to residents. The aim of this research is to examine the legal implications and impacts of the temporary decision of the International Court of Justice (ICJ). As well as its practical implications in efforts to achieve peace and justice in the region. The conclusions of this research provide in-depth insight into the relevance of international law in resolving the long-standing political and humanitarian tensions between Palestine and Israel.

“REFUGEE CRISIS”: RE-THINKING THE INDONESIA’S PERSPECTIVE

Ayu Bulan Tisna — 2024-12-23

Initiated by latest critical circumstances with Rohingyas, this study attempts to investigate the existing domestic policy and legal provision concerning refugees and asylum seekers in Indonesia. In this regard, qualitative and literature study has conducted, as well certain observation from empirical cases which also be adopted during this research. Whilst this research has found disadvantages over the refugee management in Indonesia and suggested the need for a better policy, rational decision-making model in this study offers a problem-solving focusing on objectivity and logic instead of subjectivity and intuition to achieve an intended and more appropriate arrangement to deal with the refugee crisis.

Looking into the discursive refugee management of crises in Indonesia is important to understand their effects, at present and in the future. More than that, when it comes to policy, it is about capacity of the official policy on addressing issues to gain fruitful advantages for the country without violating human rights principles. Insight from maritime security is also being added to enrich the discussion on account that maritime is considered as crucial theatre regarding law enforcement at sea related to the main issue.

ROLE OF INTERNATIONAL COURT OF JUSTICE AND ITS LEGALLY BINDING ADVISORY OPINIONS IN DEALING WITH ARMED CONFLICTS

Juvelin Rezara — 2024-12-24

Advisory opinion is an alternative resolution of conflict in the international court of justice (hereinafter ICJ). The opinion is commonly requested in armed conflict issue; It consists of an advice by interpreting the international principles based on the concept of the “Jus ad bellum” and “Jus in bello”. Nevertheless, the ICJ statute does not determine conspicuously the legal binding of the opinion. This research ostensibly sought to highlight the legal force of the opinion. Hence, what is exactly the value of ICJ`s opinion in armed conflict? This question demands evidently a doctrinal approach and analysis of cases. This study mainly pointed out the conditions for requesting the advisory opinion, and the analogy of its legal binding effect. Certainly, this resolution might have legal effect but it depends on the circumstances. As a result, it might be crucial for resolving the contemporary armed conflict over the world.

DILEMMA: BETWEEN SOVEREIGNTY AND HUMANITY A CONTEMPORARY ISSUE OF HANDLING FOREIGN REFUGEES IN INDONESIA DUE TO THE ROHINGYA CRISIS

Rafika Rizky Aulia Rahman — 2024-12-26

The migration of a group of people to another country's territory has become a multidimensional phenomenon, as has the development of world politics. The arrival of the Rohingya community represents a conflict that the international community, including Indonesia, is currently grappling with. The influx of Rohingya refugees and asylum seekers, a result of the conflict in Myanmar, presents a new challenge for Indonesia. Although Indonesia did not ratify the 1951 Refugee Convention, it accepted their arrival as a form of concern for the humanitarian problems that occurred. However, this has led to tensions between Indonesian citizens and Rohingya, necessitating the state's intervention to resolve them. This article adopts a normative approach by synchronizing applicable legal provisions with field practices. Legal sources, books, and credible research results provide the data for this article. This research seeks to understand Indonesia's role and responsibility in managing Rohingya, who are foreign refugees on its territory, and offers practical suggestions and solutions to address existing issues.

Keywords: Humanity, Refugees, Rohingya, Sovereignty