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The Relevance of Gender Mainstreaming in Indonesia to Women's Rights in Islamic Law 印度尼西亚性别主流化与伊斯兰法中妇女权利的相关性
Pub Date : 2023-03-31 DOI: 10.25041/lajil.v5i1.2757
R. Silfiah, Humiati Humiati
Gender mainstreaming is a government effort in upholding women's rights, because women's rights are an inseparable part of human rights. Protection of human rights is a state guarantee which is given to its citizens as a manifestation of the objectives of the Pancasila legal state as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia. In Indonesia, gender mainstreaming has been established through Presidential Instruction Number 9 of 2000 concerning the Implementation of Gender Mainstreaming (PUG) under construction. This study will focus on gender mainstreaming on the development in Indonesia and the development of justice and gender equality in Islamic studies. Protection of human rights is the main goal in the application of Islamic law, including the protection of women's rights that has always been a major topic in Islamic studies and gender. By using qualitative descriptive method, it will be easy to find Islamic ideas, social activities at the time of the Prophet about women's rights. If examined comprehensively, in pre-Islamic history, namely the period of ignorance, it was a period that greatly demeaned women. At that time, if a baby girl was born, she would be buried alive right away, or if she was allowed to live, she would suffer humiliation. The purpose of this study is to find a conclusion that emphasizes women's rights which have been neglected so far, even though the use of religious arguments often prevents women from obtaining their rights. So with this affirmation, it is hoped that it will be able to control violence against women which has often occurred. Through gender mainstreaming, development is to achieve gender equality and justice (KKG) through integrating the experiences, needs, aspirations of women and men into various policies and programs starting from the planning, budgeting, implementation, and monitoring stages.
将性别观点纳入主流是政府维护妇女权利的一项努力,因为妇女权利是人权不可分割的一部分。保护人权是对公民的国家保障,体现了1945年《印度尼西亚共和国宪法》序言中所述的潘卡西拉法制国家的目标。在印度尼西亚,通过2000年关于实施正在建设中的性别主流化的第9号总统指示,确立了性别主流化。这项研究将侧重于将性别观点纳入印度尼西亚发展的主流,以及伊斯兰研究中司法和性别平等的发展。保护人权是适用伊斯兰法律的主要目标,包括保护妇女权利,这一直是伊斯兰研究和性别问题的一个主要议题。通过定性描述的方法,可以很容易地找到伊斯兰思想、先知时代的社会活动中关于妇女权利的内容。如果综合考察,在前伊斯兰历史,即无知时期,这是一个极大贬低妇女的时期。那时,如果一个女婴出生了,她会立即被活埋,或者如果允许她活着,她会受到羞辱。这项研究的目的是找到一个结论,强调迄今为止被忽视的妇女权利,尽管使用宗教论据往往阻碍妇女获得自己的权利。因此,有了这一肯定,希望它将能够控制经常发生的暴力侵害妇女行为。通过将性别观点纳入主流,发展就是通过将妇女和男子的经验、需求和愿望纳入从规划、预算编制、执行和监测阶段开始的各种政策和方案,实现性别平等和正义。
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引用次数: 2
THE FUNCTIONS AND IMPORTANCE OF REPRESENTATION OF STATES IN THEIR RELATIONS WITH INTERNATIONAL ORGANIZATIONS OF A UNIVERSAL CHARACTER 国家代表在与具有普遍性的国际组织的关系中的作用和重要性
Pub Date : 2022-10-14 DOI: 10.25041/lajil.v4i2.2666
G. S. Nurhartanto
The development of International relations have rapidly since the signing of Westphalia Treaty in 1648. The relationship are not only between States but also by public international organizations (Inter Governmental Organizations). After the Second World War, the establishment of the United Nations and its Specialized Agencies and Other Organs has encouraged the intensive of international cooperation and the making of treaties as a source of international law. The United Nations and its Special Agencies and Other Organs is often called as an international organization of a universal character. Both States members and non-States members establish cooperation with this universal international organization. The existence of State representation in a universal international organization with a universal character is very important for strengthening the cooperation between States and international organizations.
自1648年《威斯特伐利亚条约》签署以来,国际关系迅速发展。这种关系不仅存在于国家之间,也存在于国际公共组织(政府间组织)之间。第二次世界大战后,联合国及其专门机构和其他机构的成立鼓励了国际合作的深入开展,并使条约成为国际法的一个来源。联合国及其特别机构和其他机构经常被称为具有普遍性的国际组织。成员国和非成员国都与这个普遍性国际组织建立了合作关系。国家在具有普遍性的普遍性国际组织中的代表性对于加强国家与国际组织之间的合作非常重要。
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引用次数: 0
ASEAN's ROLE IN CYBERSECURITY MAINTENANCE AND SECURITY STRATEGY THROUGH AN INTERNATIONAL SECURITY APPROACH 东盟在网络安全维护和国际安全战略中的作用
Pub Date : 2022-10-14 DOI: 10.25041/lajil.v4i2.2556
Khotimah Estiyovionita, Afandi Sitamala
The development of information and communication technology makes it easier for humans to access everything without being limited by time, space, and distance so that they are connected in one space. Given cyberspace's borderless and anonymous characteristics, it encourages the emergence of criminal activities, namely cybercrime. Therefore, as a measure to prevent future damage, it requires not only regulatory laws and regulations but also international cooperation between countries is needed. These cooperation efforts can be implemented through the forum of regional organizations, namely ASEAN. Until now, many efforts have been made to encourage the improvement of cybersecurity through its various programs. Therefore, it is hoped that this increase in cooperation will further strengthen cybersecurity in the region to maintain security stability.
信息和通信技术的发展使人类更容易访问一切,而不受时间、空间和距离的限制,从而将他们连接在一个空间中。鉴于网络空间的无边界和匿名特征,它鼓励了犯罪活动的出现,即网络犯罪。因此,作为防止未来损害的措施,它不仅需要监管法律法规,还需要国家之间的国际合作。这些合作努力可以通过区域组织,即东盟的论坛来执行。到目前为止,已经做出了许多努力,通过其各种计划来鼓励改善网络安全。因此,希望此次合作的增加将进一步加强该地区的网络安全,以维护安全稳定。
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引用次数: 1
SHIP SINKING POLICY: A LEGAL CHOICE TO ERADICATE ILLEGAL FISHING IN INDONESIA 沉船政策:印尼根除非法捕鱼的合法选择
Pub Date : 2022-10-14 DOI: 10.25041/lajil.v4i2.2670
Faradiba Putri Rahmadani, A. Triono
Illegal fishing is a serious problem and is detrimental to Indonesia. In overcoming these problem, the Indonesian government has taken several policies including the sinking of ships that do illegal fishing. But this policy raises pros and cons. This article discusses government policies against illegal fishing and ship sinking as an effort to eradicate illegal fishing in Indonesian waters. This article is a normative legal research with a statutory approach. The data was obtained from searching relevant national and international legal materials and analyzed descriptively. The results showed that the government policies related to illegal fishing were carried out in several ways, namely: Formation of Task Force 115, Indonesian Marine Policy, Transshipment Policy and Ship Sinking Policy. The implementation of this policy is very dependent on the legal choice of the minister who is in office. The Ship Sinking Policy is considered as a concrete and decisive action that is far more important and effective than other actions. In addition, the policy of sinking ships is carried out based on sufficient preliminary evidence to avoid conflicts with other countries.
非法捕鱼是一个严重的问题,对印度尼西亚不利。为了克服这些问题,印尼政府采取了几项政策,包括击沉非法捕鱼的船只。但这项政策也有利弊。本文讨论了政府打击非法捕鱼和沉船的政策,以根除印尼水域的非法捕鱼。本文是一篇采用法定方法进行规范性法律研究的文章。数据是通过检索相关的国家和国际法律材料获得的,并进行了描述性分析。结果表明,政府与非法捕鱼有关的政策是通过多种方式执行的,即:成立第115工作队、印度尼西亚海洋政策、转运政策和沉船政策。这项政策的实施在很大程度上取决于在任部长的法律选择。沉船政策被认为是一项具体而果断的行动,远比其他行动重要和有效。此外,沉船政策是在充分的初步证据的基础上执行的,以避免与其他国家发生冲突。
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引用次数: 0
MEASURING THE DOMINANT PARADIGMA IN UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 衡量《联合国海洋法公约》中占主导地位的PARADIGMA
Pub Date : 2022-10-14 DOI: 10.25041/lajil.v4i2.2595
Nadhif Fadhlan Musyaffa, A. Paksi, Lalu Radi Myarta
This study discusses the paradigm used by the United Nations in governing relations among countries on sea-related issues through the analysis of the United Nations Convention on the Law of the Sea. Laws/regulations on sea-related issues have undergone changes, since their inception in 1958 in line with the development of the issue of sea between countries and the factors that cause the proliferation of sea-related disputes, as well as political and economic dynamics in the international sphere. Reforms in the regulatory mechanism on sea-related issues between countries by the United Nations were marked by the formation of the United Nations Convention on the Law of the Sea in 1982 which has several stipulations. This writing aims to analyze and measure the paradigm used by the United Nations in regulating mechanisms on sea-related issues between countries through the analysis of the United Nations Convention on the Law of the Sea. The author uses the content analysis method in analyzing the law. The analysis was carried out on three indicators; actors, authorities, and governance representing the three paradigms; realism (competition), liberalism (collaboration), and constructivism (historical and social construction). Based on the analysis results, it can be concluded that; the United Nations Convention on the Law of the Sea concerning the regulation mechanism on sea-related issues between countries is strongly influenced by the realism paradigm.
本研究通过对《联合国海洋法公约》的分析,探讨了联合国在处理与海洋有关的国家关系方面所使用的范式。与海洋有关的法律/条例自1958年制定以来,随着国家间海洋问题的发展和导致与海洋有关争端扩散的因素,以及国际领域的政治和经济动态,发生了变化。1982年《联合国海洋法公约》的形成标志着联合国对国家间海洋问题监管机制的改革,该公约有若干规定。本文旨在通过对《联合国海洋法公约》的分析,分析和衡量联合国在规范国与国之间海洋相关问题机制方面所使用的范式。笔者运用内容分析法对法律进行分析。对三个指标进行了分析;代表三种范式的行动者、权威和治理;现实主义(竞争)、自由主义(合作)和建构主义(历史和社会建设)。根据分析结果,可以得出以下结论:;《联合国海洋法公约》关于国家间海洋相关问题的监管机制受到现实主义范式的强烈影响。
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引用次数: 0
ORGANIZATION OF ISLAMIC COOPERATION RESPONSES ON THE ISRAEL AGGRESION AND THE UNITED STATES EMBASSY RELOCATION TO JERUSALEM 伊斯兰合作组织对以色列侵略和美国大使馆迁往耶路撒冷的反应
Pub Date : 2022-10-14 DOI: 10.25041/lajil.v4i2.2578
Afifah Ayumia, P. Andini, Raden Muhamad Mahardika
The aggression carried out by Israel against the Palestinian people and the declaration of Jerusalem as the capital of Israel with the relocation of the US Embassy received the attention of the OIC. As an organization committed to protecting Muslims' human rights, the OIC has the responsibility to take care of the human rights violations that occurred in Palestine. The objectives of this paper are to find out the OIC's role in maintaining Muslim peace in the world, how the OIC's response to Israeli aggression against the Palestinian people, and the relocation of the US Embassy to Jerusalem. The research method used in writing this journal is normative legal research, with historical approach to find out the beginning of the conflict between Palestine and Israel and an analytical approach to finding out the efforts made by the OIC for Israel's aggression against the Palestinian people and the United States Embassy relocation to Jerusalem under the provisions of international law.
以色列对巴勒斯坦人民进行的侵略以及随着美国大使馆的搬迁而宣布耶路撒冷为以色列首都的行为引起了伊斯兰会议组织的注意。作为一个致力于保护穆斯林人权的组织,伊斯兰会议组织有责任处理在巴勒斯坦发生的侵犯人权事件。本文的目的是了解伊斯兰会议组织在维护世界穆斯林和平方面的作用,伊斯兰会议组织如何应对以色列对巴勒斯坦人民的侵略,以及美国大使馆迁至耶路撒冷。撰写本期刊所使用的研究方法是规范性的法律研究,采用历史方法找出巴勒斯坦和以色列之间冲突的开始,采用分析方法找出伊斯兰会议组织根据国际法规定为以色列侵略巴勒斯坦人民和美国大使馆迁往耶路撒冷所做的努力。
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引用次数: 0
REVIEW OF THE INTERNET BLOCKING CASE IN PAPUA IN CYBER LAW PERSPECTIVE 从网络法的角度审视巴布亚的互联网封锁案
Pub Date : 2022-07-22 DOI: 10.25041/lajil.v4i1.2524
Melvin Elvino Putra
The internet has become an essential part of modern life, increasing the efficiency of everything. It should be no surprise that internet abuse can lead to crimes that harm everyone. As a result, there is a need for legal safeguards known as Cyber Law, which intersects with Human Rights. The case of internet blocking in Papua, in which the government blocked or slowed internet connections in Papua, is the subject of this article because it raises many issues in the fields of Human Rights and Cyber Law, which, on the human rights side, is regulated in the 1945 Constitution, which states that everyone has the right to benefit from technology. In this case, the government cannot meet the aspect of Human Rights. However, in Cyber Law, this is intended as a limitation to reduce a crime on social media or the internet that causes chaos. As a result, this paper will elaborate on the Papua case from the standpoint of Cyber Law. The Administrative Court's decision used a normative legal approach and an objective case approach to investigate this phenomenon experimentally. The study then employs a qualitative method with literature and empirical approach, obtaining data through legal analysis and social phenomena that occur in society. Although further investigations are needed, the present study contributes to a better understanding of the case that occurred in Papua related to the government's blocking or disconnection of the internet. It was not a violation of the law because the government at the time made good decisions for the entire community's benefit, ensuring that everyone was safe from cybercrime or false news, which has the potential to sever Indonesia's unity.
互联网已经成为现代生活的重要组成部分,提高了一切的效率。毫不奇怪,网络滥用会导致伤害每个人的犯罪。因此,需要被称为“网络法”的法律保障措施,它与人权相交叉。巴布亚的互联网屏蔽案件是本文的主题,在该案件中,政府屏蔽或减缓了巴布亚的互联网连接,因为它在人权和网络法领域提出了许多问题,在人权方面,1945年宪法对网络法进行了规定,该宪法规定每个人都有权从技术中受益。在这种情况下,政府无法满足人权方面的要求。然而,在《网络法》中,这是为了限制社交媒体或互联网上造成混乱的犯罪。因此,本文将从网络法的角度对巴布亚案进行阐述。行政法院的裁决采用了规范的法律方法和客观的案例方法对这一现象进行了实验性调查。然后,本研究采用了文献和实证相结合的定性方法,通过法律分析和社会中发生的社会现象来获取数据。尽管还需要进一步调查,但本研究有助于更好地了解巴布亚发生的与政府封锁或断开互联网有关的案件。这并没有违反法律,因为当时的政府为了整个社区的利益做出了良好的决定,确保每个人都免受网络犯罪或虚假新闻的影响,这有可能切断印尼的团结。
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引用次数: 0
LEGAL STATE OF DOCTORS WITHOUT BORDERS (MÉDECINS SANS FRONTIÈRES) IN THE INTERNATIONAL LAW 无国界医生在国际法中的法律地位
Pub Date : 2022-06-30 DOI: 10.25041/lajil.v3i2.2525
N. Bagherani, Abdolkarim Shaheydar, B. Smoller, Hossein Ale Kajbaf
Médecins Sans Frontières (MSF) is a non-profit organization that offers health and medical services to people based on their requirements irrespective of race, gender, beliefs, religion, and political origins. Physicians, as the MSF's most important members, assist people in their greatest need. They provide services ranging from consultations, vaccinations, and primary care to the most complex surgeries. Given that the doctors in the organization are very active members of the MSF and understand the risk of their presence in dangerous regions with prevalent epidemic and contagious diseases or under distress, insecurity, and war in underdeveloped or third world countries, research into the legal status of this self-giving and venture group of the international society is critical. The legal status of humanitarian aid workers such as the physicians in doctors without borders in international law has not been studied and recognized. This is due to the absence of a complete definition of “humanitarian aid workers” in international humanitarian law. Furthermore, the issue of the status of humanitarian NGOs in international law is novel. Therefore, studying the legal status of the humanitarian aid workers is an essential case because they are exposed to many potential risks in facing armed conflicts. This research planned a web-based survey as part of our study to find articles, books, reports, or studies in relationship with national and international humanitarian organizations and workers, NGOs, and the legal status of these organizations and their workers. We did normative legal research using secondary data from the internet, references, etc. While the operation of the MSF is mainly aimed at supporting the survival and recovery of people within a war or disease outbreak-afflicted country, its efforts put the lives of its personnel at risk. Herein, we will investigate how the MSF can adequately support its primary staff, the physicians. We can get the response to this question by studying the legal status of the doctors without borders in international law.
无国界医生组织是一个非营利组织,根据人们的需求,不分种族、性别、信仰、宗教和政治出身,为他们提供健康和医疗服务。医生作为无国界医生组织最重要的成员,帮助最需要帮助的人。他们提供从咨询、疫苗接种、初级保健到最复杂的手术等服务。鉴于该组织的医生是无国界医生组织的积极成员,并了解他们在流行病和传染病流行的危险地区或在欠发达或第三世界国家处于困境、不安全和战争中的风险,研究国际社会这一自我奉献和冒险团体的法律地位至关重要。人道主义援助工作者的法律地位,如医生在国际法中的无国界医生地位,尚未得到研究和承认。这是由于国际人道主义法中没有对“人道主义援助工作者”的完整定义。此外,人道主义非政府组织在国际法中的地位问题也很新颖。因此,研究人道主义援助工作者的法律地位是一个重要的案例,因为他们在面临武装冲突时面临许多潜在风险。这项研究计划进行一项基于网络的调查,作为我们研究的一部分,以寻找与国家和国际人道主义组织和工作人员、非政府组织以及这些组织及其工作人员的法律地位有关的文章、书籍、报告或研究。我们利用互联网上的二级数据、参考文献等进行了规范性的法律研究。虽然无国界医生的运作主要旨在支持战争或疾病爆发国家人民的生存和康复,但其努力将其人员的生命置于危险之中。在此,我们将调查无国界医生如何充分支持其主要工作人员,即医生。我们可以通过研究无国界医生在国际法中的法律地位来得到对这个问题的回应。
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引用次数: 0
THE IMPORTANCE OF CYBERSECURITY AWARENESS FOR CHILDREN 网络安全意识对儿童的重要性
Pub Date : 2022-06-30 DOI: 10.25041/lajil.v3i2.2526
Y. Yuliana
Online school during the COVID-19 pandemic makes the children prone to cyberattacks and malware. Therefore, cybersecurity awareness among children is critical. Online games and stories caused children to neglect their studying time. Therefore, this paper aims to describe the importance of cybersecurity awareness among children. Analyses were performed by using a literature review. Inclusion criteria are review and research articles. Inclusion criteria are review and research articles that were read twice to reduce the bias, then were summarized and narrated descriptively. Results revealed that cybersecurity awareness could be increased by digital literacy training. Children should be taught how to avoid risky behavior online. The cybersecurity awareness program is suitable for children to avoid phishing, pornography, cyberbullying, identity theft, and breaking of privacy. Children must be taught how to keep their passwords safe and private. They also need to be more cautious when playing online games. In conclusion, digital literacy and cybersecurity programs can be taught to children. These programs are suitable for raising cybersecurity among children.
新冠肺炎大流行期间的在线学校使孩子们容易受到网络攻击和恶意软件的攻击。因此,儿童的网络安全意识至关重要。网络游戏和故事导致孩子们忽视了学习时间。因此,本文旨在阐述儿童网络安全意识的重要性。通过文献综述进行分析。纳入标准为综述和研究文章。纳入标准是回顾和研究文章,阅读两次以减少偏见,然后进行总结和描述性叙述。结果显示,数字素养培训可以提高网络安全意识。应该教会孩子们如何避免网络上的危险行为。网络安全意识计划适用于儿童,以避免网络钓鱼、色情、网络欺凌、身份盗窃和侵犯隐私。必须教会孩子们如何保持密码的安全和隐私。他们在玩网络游戏时也需要更加谨慎。总之,数字素养和网络安全项目可以教给孩子们。这些项目适合提高儿童的网络安全。
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引用次数: 1
SOVEREIGNTY AND LEGAL PERSONALITY: A LESSON FROM EUROPEAN UNION'S EVOLUTION TO SUPRANATIONALISM 主权与法律人格:欧盟向超民族主义演进的经验教训
Pub Date : 2022-06-30 DOI: 10.25041/lajil.v3i2.2517
M. B. Ulum
Sovereignty remains a crucial debate in international law. Simultaneously, regionalism offers a new pathway for which sovereignty is often contested whether it surrenders due to economic interests. This paper revisits the notion of state sovereignty in the light of economic globalization and enquires about legal personality in international relations. Overall, this paper emphasizes revisiting the concept of sovereignty and legal personality in this 21st century, which has evolved amidst the more globalized world due to international economic relations. The present study was based on historical and analytical methods as doctrinal research. The historical approach was adopted to study international treaties and agreements to know the historical background and evolution of international economic law institutions. Then, it exemplified the European Union's evolution that transcends the state boundaries, following the debate on the relevance of the state sovereignty after the Brexit case under the discussion of the waning of the state sovereignty. Finally, this discussion ended with the international legal personality owned by regional bodies, taking the EU and ASEAN as the comparison. At the outset, the EU was projected as the new governance structure that gradually disrupted the state concept under the Westphalian Peace 1648 due to its member states' desire to form the state-level structure. The European Union redefines the new model of sovereignty against the Westphalian model, which is incomparable to the ASEAN intergovernmental model and other regional bodies regarding sovereignty concerns and legal personality.
主权问题仍然是国际法中的一个重要辩论。同时,区域主义提供了一条新的途径,无论主权是否因经济利益而放弃,它都经常受到质疑。本文从经济全球化的角度重新审视了国家主权的概念,并对国际关系中的法律人格问题进行了探讨。总体而言,本文强调重新审视21世纪的主权和法人概念,这一概念是在国际经济关系日益全球化的世界中演变而来的。本研究以历史和分析方法为基础,作为理论研究。采用历史方法研究国际条约和协定,以了解国际经济法机构的历史背景和演变。然后,它举例说明了欧盟超越国家边界的演变,在英国脱欧案后关于国家主权相关性的辩论和国家主权减弱的讨论之后。最后,本文以欧盟和东盟为比较对象,以区域机构所拥有的国际法人资格为结束语。一开始,欧盟被认为是1648年威斯特伐利亚和平时期的新治理结构,由于其成员国希望形成国家级结构,该结构逐渐颠覆了国家概念。欧洲联盟针对威斯特伐利亚模式重新定义了新的主权模式,这是东盟政府间模式和其他区域机构在主权关切和法律人格方面无法比拟的。
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引用次数: 1
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Lampung Journal of International Law
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