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All Journal Brawijaya Law Journal : Journal of Legal Studies Indonesian Journal of International Law
Ikaningtyas Ikaningtyas, Ikaningtyas
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Quo Vadis Legal Protection for Children Recruited as Child Soldiers in Areas of Armed Conflict in the Context of International Law Suryokumoro, Herman; Ikaningtyas, Ikaningtyas; Muafi, Mochamad
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.08

Abstract

The objective of this research is to analyze legal protection of children who become child soldiers in areas experiencing armed conflict. Various international legal instruments that regulate the prevention, protection, and even enforcement for violators of certain international legal instruments on the recruitment of children as child soldiers have actually not been able to reduce the number of children who become victims in armed conflict, particularly those who are directly involved as child soldiers. This is because normatively, there are still some problems on the uniformity of definition of children age as well as the classic problem of the binding power of all related international legal instruments, being whether or not they create compulsory obligation. Legal protection for children who are recruited as child soldiers must be implemented because in the perspective of human rights, the right of children to live safely and comfortably for their proper growth and development is a fundamental right that must be complied by all states (ius cogens). If a state does not grant protection, and even allows children to be directly involved in armed conflict, then international legal sanctions may be imposed.
Synergy in the Fulfilment of National Interest in Efforts to Handle Refugees in Indonesia through Repratiation and Resettlement Widagdo, Setyo; Ikaningtyas, Ikaningtyas; Susanto, Fransiska A.; Hidayat, M. Choirul
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.05

Abstract

This article aims to analyze Indonesia's efforts to accommodate national interests in efforts to handle refugees in Indonesia. UNHCR noted that until December 2020 the number of refugees in Indonesia reached 13,700 people, with the most refugees coming from Afghanistan 57%, Somalia 10%, and Myanmar 7%. This number is very large considering the fact that Indonesia is only a transit country and not a country that ratified the 1951 Refugee Covenant. The existence of refugees in Indonesia is an urgent problem by taking advantage from human rights as the basis of its justification, while Indonesia is a sovereign country that has the authority to regulate the traffic of foreigners in its territory especially on the basis of national interests, such as security. The existence of Presidential Regulation No. 125/2016 on the Handling of Refugees from Abroad has not optimally become a solution for handling refugees in Indonesia. By using normative juridical research method, the authors analyzed that although the regulations regarding repatriation and resettlement of refugees were mentioned in Presidential Regulation No. 125/2016, they did not clearly regulate the procedures for handling refugees either through voluntary repatriation and there was no attempt by the government to implement the repatriation program. As for resettlement, the Indonesian government only relies on UNHCR
The ASEAN Way towards Piracy Challenge Ikaningtyas, Ikaningtyas; Ruslijan, Patricia Audrey
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (756.162 KB)

Abstract

Piracy is a universal crime that needs to be combated by all nations. International efforts have been done for many years in order to suppress growth of piracy for international maritime security, which resulted in provisions concerning piracy within United Nations Convention on the Law of the Sea. It refers piracy as a crime taking place on high seas. In addition, International Maritime Organization also attempts to widen the definition of piracy. Even so, tackling piracy requires more than just a commitment of international community to define the term. Efforts must also be conducted by regional community to make them more effective, especially with their national legal instrument. Association of Southeast Asian Nations (ASEAN) as the regional organization in Southeast Asia region has sought to better cooperation among the members bringing the six behavioral principles laid in Treaty of Amity and Cooperation 1976 and also ASEAN Charter 2007 for the purpose of eliminating piracy within their region. Unfortunately, piracy is manifestly not easy to be eradicated in reality. This paper tries to identify and analyze the challenges that underlie ASEAN efforts to solve the piracy problem within the region
Co-Authors Herman Suryokumoro Hidayat, M. Choirul Mochamad Muafi Ruslijan, Patricia Audrey Setyo Widagdo Susanto, Fransiska A.