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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Pena Justisia: Media Komunikasi dan Kajian Hukum Student Journal of International Law
Listriani, Sophia
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Interplay of Human Trafficking and the Rohingya Refugee Crisis in Aceh Province, Indonesia: Exploring the Complexities of Criminality and Humanitarian Concerns Aiyub Kadir, M. Yakub; Rosmawati; Listriani, Sophia; Mail, Syed Muhammad Huzaif
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1355

Abstract

This article delves into the long-standing atrocities committed by the Myanmar government against the Rohingya people in Rakhine province, which have resulted in a significant influx of Rohingya refugees into various regions, including Aceh province, Indonesia. The article aims to investigate the nature of this crisis, particularly focusing on the modus operandi of human trafficking, through a doctrinal-empirical approach. This approach involves observations and interviews with stakeholders involved in the field. The article also highlights the conflicting perspectives surrounding humanitarian and trafficking issues, shedding light on the challenges faced. Despite the existence of Presidential Decree 125/2016, the management of refugee handling remains inconsistent, given the uncertain situation and half-hearted treatment. Consequently, this has led to the expansion of trafficking networks, victimizing both local individuals assisting refugees at sea and on land. Indonesian authorities have predominantly addressed trafficking under immigration law rather than from a humanitarian standpoint. This approach has had adverse effects, resulting in resistance and rejection of Rohingya refugees in Aceh province. Considering that trafficking has emerged as a downstream impact of the global refugee crisis, the perception of viewing trafficking in Rohingya solely as a crime should be questioned. Urgently, a new paradigm and legal regime for refugees in Indonesia are required to address these pressing issues.
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.
A Call For Respect: Analyzing Quran Burning, Human Rights, and The Islamic Law Perspective Kadir, M. Yakub Aiyub; Jannah, Dara Raihatul; Listriani, Sophia; Kurniasari, Eka; Farsia, Lena; Roesa, Nellyana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.5271

Abstract

The burning of the Quran, widely regarded as the holy book of Islam, has sparked significant outrage and debate across various European Union states, particularly in Sweden. This provocative act raises critical questions about the balance between individual freedom of expression and the respect for religious beliefs. The European Union, through its commitment to democratic principles, often upholds freedom of expression as a fundamental right. However, this raises the issue of whether such expressions can rightfully include acts that are deeply offensive to large segments of the population, particularly religious communities. This paper explores these tensions within the framework of the development of the international human rights system, providing a nuanced analysis of responses from Muslim scholars, organizations, and associated states. It also scrutinizes the impact of Western human rights paradigms on global practices, specifically in contexts such as Indonesia. This paper found a fundamental crisis of western based of human rights and the lack of sound argument from muslim world to contribute to this lacking.
Co-Authors Aiyub Kadir, M. Yakub EKA KURNIASARI Farsia, Lena Jannah, Dara Raihatul Kadir, M. Yakub Aiyub Mail, Syed Muhammad Huzaif Mochammad Imron Awalludin Nellyana Roesa Rifqi, Muhammad Ariq