ARTIKEL HUKUM

ARTIKEL HUKUM

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27 Desember 2024 | Admin JDIH

"REFUGEE CRISIS": RE-THINKING THE INDONESIA'S PERSPECTIVE

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.

27 Desember 2024 | Admin JDIH

HANDLING OF ROHINGYA REFUGEES IN INDONESIA AS A TRANSIT COUNTRY

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.

27 Desember 2024 | Admin JDIH

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

The influx of Rohingya refugees from Myanmar has significantly impacted Indonesia, posing challenges in balancing state sovereignty and humanitarian obligations. Despite Indonesia’s non-ratification of the 1951 Refugee Convention, refugees are accepted on humanitarian grounds, often resulting in tensions with local communities. This article examines these issues through a normative legal approach, analyzing primary and secondary materials to explore the implications for Indonesia’s legal and policy frameworks. Findings underscore the urgent need for robust legal mechanisms, improved refugee integration strategies, and enhanced international cooperation to address community conflicts. Practical recommendations include ratifying relevant international conventions, fostering regional partnerships, and initiating programs to reduce tensions between refugees and host communities. The study provides a foundation for policy reforms and contributes to broader discourse on managing refugee crises in Southeast Asia.

19 November 2024 | Admin JDIH

STRENGTHENING THE LEGAL PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY TO ANTICIPATE MISUSE BY FOREIGN PARTIES

The adoption of Communal Intellectual Property (CIP) into laws and regulations (wettelijk regeling) in Indonesia began with the inclusion of Traditional Cultural Expressions (TCE) in Law Number 28 of 2014 concerning Copyright.

25 November 2024 | Admin JDIH

OFFENSES PRINCIPLES AND A LIMITATION FOR DISINFORMATION VIA THE INTERNET IN INDONESIA

Actors utilize the internet to spread disinformation. The content might be irritated the public but does not cause direct distribution to public order. Article 14 and Article 15 of Law No. 1 of 1946 on Criminal Law Regulation prohibit the publication of disinformation that causes the distribution to public order.

19 November 2024 | Admin JDIH

PUSHING THE IMPROVEMENT OF THE INDONESIAN LEGAL DATABASE FOR LAW RESEARCH AND ECONOMIC RESEARCH

Indonesian legal databases are still scattered in various agencies. Indonesia’s legal database, both qualitative and quantitative, is very important for legal research, especially law and economics. The issue discussed is how to encourage the Indonesian legal database. This research is descriptive-analytical that aimed at expressing a problem or situation or event as it is so that it can reveal the actual facts.

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