scholarly journals Pendekatan Hubungan Internasional Terhadap Perlindungan Pengungsi : Menjelaskan Inisiatif Kebijakan Pemerintah Indonesia dan UNHCR

2020 ◽  
Vol 2 (1) ◽  
pp. 88-113
Author(s):  
Cifebrima Suyastri

A major problem with this research is the arrival of refugee in Indonesia as a human security issue because this issue stems from the non-traditional concept of security that attracts international relations researchers, because of the presence of refugee from abroad without any regulation and explaining that refugees can threaten the stability of regional security. The arrival of refugees has implications on economic, social, environmental, and health problems for the host country. There was an immense amount of debate about the possibility of states adopting extraterritorial approaches to asylum processing and refugee protection, and about such policies’ compatibility with international refugee and human rights law. De-territorialize refugee protection and of UNHCR’s strategy in the evolving consultations. The issues of who, why, and how to protect refugees pose a series of normative challenges that can only be addressed by recognizing the dynamic nature of refugee protection today. Our answers have implications for institutional design. On one hand, this is a way of potentially making refugee protection sustainable in the long run. Some argue, however, that refugees acquire rights over time, which necessitates some kind of pathway to naturalization and ultimately citizenship. The most basic and significant norm of the international refugee regime emerges from the decision to allow states to take direct control of the process of refugee determination and to establish a legal framework permitting the screening of refugee applicants on a variety of national interest grounds. In this way, the refugee regime reproduces the state as the normal form of political organization, and the actor empowered to make life and death decisions over the human population. This research methodology is qualitative with literature study methods and case studies with a single instrument using participant observation techniques and in-depth interviews.

2020 ◽  
Vol 4 (2) ◽  
pp. 75-94
Author(s):  
Marcin Ptasznik

Approaches to marketing actions in culture are exhibiting rising significance in the modern dynamically changing environment. This paper is focused on the identification of possible applications of marketing in the sphere of culture, with particular reference to the film industry, field of operations of the New Horizons Association. The author’s research was based on a literature study, participant observation, and an online questionnaire, enabling creation of a case study on the New Horizons Association. Empiri-cal research allowed for exploration of the perception of marketing actions of this organization, as well as identifying possible directions for its development. Changes in the needs of modern consumers are related to ongoing virtualization and globalization of culture, and allow for academic discussion about the future of innovative cultural institutions and audio-visual ventures, including within the context of the current global coronavirus/COVID-19 pandemic.


Author(s):  
أ.د.عبد الجبار احمد عبد الله

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.


Author(s):  
Marina Sharpe

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition, and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships of conflict and of interpretation between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights, and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.


2021 ◽  
Vol 45 (3) ◽  
pp. 361-386
Author(s):  
Aleksandar Pavlović ◽  
Gazela Pudar Draško ◽  
Jelena Lončar

Abstract This article examines the role, status and perceptions of the Serbian cultural heritage in Kosovo from both Kosovo Albanian and Serbian perspectives. The analysis focuses on two cases, which attracted particular resistance on each of the two sides: the passing of legislation in the Kosovar parliament in 2012 that aimed to protect Serbian cultural heritage and the 2015 unsuccessful Kosovo bid for unesco membership. Both moments demonstrate how cultural heritage is primarily approached from the statehood perspective and used to additionally deepen inter-ethnic distances. The authors shed more light on the discrepancies between the international peacebuilding efforts and the internationally imposed legal framework, challenging the reduction of the peacebuilding efforts to institutional design, while dominant discourses of both Serbian and Albanian elites essentially deepen the enmity and serve as resistance mechanisms to the international peacebuilding strategies.


2018 ◽  
Vol 2 (1) ◽  
pp. 1 ◽  
Author(s):  
Andi Prastowo

The study of games in education is not new, from traditional games to modern website-based games have been done. Studies have even proved that traditional games have more proven value and benefits in the long run for education than modern games. However, the fact that the quality of education in various countries of the world is uneven, although they also know and have traditional games as part of its cultural elements. Like one of them can be seen in the quality of basic education in Indonesia, especially in the ability of thinking high level is still low. Moreover, in the 21st century students are required to have global skills of the 21st century. From this point the need to be studied about how the traditional Javanese games, as one of the greatest cultural heritages in Indonesia, can serve as a strategy to cultivate 21st century global skills for madrasah ibtidaiyah / primary school. This research is done by literature study with the method of textual criticism and external critic and then continued with synthesis. The findings of this study indicate that some traditional Javanese games are basically potential as a strategy to cultivate 21st century skills. This is not apart because the characteristics and form of some traditional Javanese game contains characteristics of 21st century skills that include critical thinking, communication, cooperation, and creativity.


2020 ◽  
Vol 40 (2) ◽  
pp. 287-308
Author(s):  
Nfn Sunarningsih ◽  
Nfn Hartatik ◽  
Ida Bagus Putu Prajna Yogi ◽  
Unggul Prasetyo Wibowo ◽  
Nugroho Nur Susanto ◽  
...  

Kuta Bataguh is administratively located in Bataguh and East Kapuas Districts, Kapuas Regency, Kalimantan Tengah. The research aims to reconstruct the characteristics of Kuta Bataguh. This research is using interpretive-descriptive method with the inductive reasoning. Data collection used surveys, excavations, interviews, and literature study. The analysis included environmental, stratigraphic, artifactual, spatial, and absolute dating analysis. Survey (surface and aerial) and excavation activities were carried out inside and outside the fence, both downstream and upstream of the Karinyau River. The results illustrate that the characteristics of Kuta Bataguh are a large permanent settlement that is split by a river. The fortified settlement of Kuta Bataguh was the leader residence of Ngaju community group (as the center of power). By referring to the pattern, function and extent of this settlement, it can be assumed that the local authorities in Bataguh are on par with early state in their socio-political organization.


2020 ◽  
Vol 13 (3) ◽  
pp. 256
Author(s):  
Roman Dremliuga ◽  
Natalia Prisekina

This article focuses on the problems of the application of AI as a tool of crime from the perspective of the norms and principles of Criminal law. The article discusses the question of how the legal framework in the area of culpability determination could be applied to offenses committed with the use of AI. The article presents an analysis of the current state in the sphere of criminal law for both intentional and negligent offenses as well as a comparative analysis of these two forms of culpability. Part of the work is devoted to culpability in intentional crimes. Results of analysis in the paper demonstrate that the law-enforcer and the legislator should reconsider the approach to determining culpability in the case of the application of artificial intelligence systems for committing intentional crimes. As an artificial intelligence system, in some sense, has its own designed cognition and will, courts could not rely on the traditional concept of culpability in intentional crimes, where the intent is clearly determined in accordance with the actions of the criminal. Criminal negligence is reviewed in the article from the perspective of a developer’s criminal liability. The developer is considered as a person who may influence on and anticipate harm caused by AI system that he/she created. If product developers are free from any form of criminal liability for harm caused by their products, it would lead to highly negative social consequences. The situation when a person developing AI system has to take into consideration all potential harm caused by the product also has negative social consequences. The authors conclude that the balance between these two extremums should be found. The authors conclude that the current legal framework does not conform to the goal of a culpability determination for the crime where AI is a tool.


2021 ◽  
Vol 6 (2) ◽  
pp. 338
Author(s):  
Nyoman Surya Wijaya ◽  
I Wayan Eka Sudarmawan

The development of rural tourism requires the participation of local communities in the entire development phase starting from the planning, implementation and supervision stages. However, in reality there is Often neglect of community participation. This study aims to examine the strategy of developing Taro Rural Tourism and the involvement of local communities in development. The research in this paper was conducted in the tourist village of Taro, Gianyar Regency, Bali. Data collection is done by literature study, in-depth interviews and non-participant observation. The analytical method used is descriptive analysis. This paper shows that the development of tourist villages in Taro can still be developed considering that Taro still has tourism potential that is very possible to be developed.


Author(s):  
Wouters Cornelis (Kees)

Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.


Author(s):  
Antonio Segura Serrano

The international regulation of the Internet may be understood in two different ways. From a narrow point of view, it may be conceived as equivalent to Internet governance, i.e. comprising exclusively the institutional arrangements that enable the Internet to function. From a comprehensive point of view, it may be interpreted more widely, including all sectors and areas where international law rules that intersect or interact with the Internet may be found. The Internet is a pervasive network that nowadays touches upon the lives of public and private actors. This article aims to present an account of the many domains in which international regulation may be found or may be needed if universal or community interests are to be protected. If although state practice and the codification of international law rules regarding the Internet are now in flux, due to the unwillingness of states or, in other words, the impossibility of finding universal consensus on the matter, it is possible to identify areas in international law that already apply to online activities. To be sure, this use is in many instances a difficult one, as this new technology challenges the extant legal framework. But today the applicability of international law to activities carried out with respect to the Internet is not only possible, it is also necessary as this new medium is truly global. Even though if there is not a new demos, or because of that, international law rules in the traditional sense are needed to solve the new challenges. This is why traditional doctrines on jurisdiction and state responsibility, together with cybersecurity rules (warfare is not the object of this contribution), have been put to work, with adjustments necessary to make their functioning appropriate to the new circumstances. Furthermore, taking into account the reinforced role of nonstate actors in this field, international cooperation is needed to address the problems of cybercrime, cyber espionage, and cyber terrorism, although in this the latter is not as ubiquitous as the former. Moreover, international human rights norms must be confirmed with respect to the Internet, as those rights are exposed to the same risks, if not more, by state activities as in the real world. Finally, the issue of Internet governance as addressed in this article is treated as one in which it is necessary to ensure in the long run that this new medium is organized following the principles of democracy and inclusion.


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