Jurnal Mengkaji Indonesia

Forced Displacement and Sovereignty: Legal Challenges and Accountability Under International Criminal Law

Belal AbuHasballah — 2025-07-01

Abstract: This article examines forced displacement and eviction as crimes under international criminal law. It explores how international legal frameworks, including the Rome Statute and the Geneva Conventions, define and criminalize these acts, while also analyzing the challenges in enforcement due to political and jurisdictional limitations. The study highlights the case of forced displacement in Gaza as a concrete example of how such acts violate international humanitarian law and expose the weaknesses of international legal mechanisms in ensuring accountability.

Purpose: The study aims to analyze the legal framework governing forced displacement under international law, assess the challenges in prosecuting perpetrators, and propose ways to strengthen enforcement mechanisms.

Design/Methodology/Approach: This research employs a descriptive-analytical approach by examining legal texts, international agreements, court rulings, and academic literature. It also analyzes case studies, particularly focusing on Israel’s forced displacement of Palestinians in Gaza, to illustrate the legal, political, and humanitarian implications.

Findings: The study finds that while international law clearly defines forced displacement as a crime, enforcement remains selective and politically influenced. The research underscores the limitations of international legal bodies, such as the ICC, in holding powerful states accountable. It also highlights the need for strengthening universal jurisdiction mechanisms to prevent states from using sovereignty as a shield against accountability.

Originality/value: This study contributes to the discourse on state sovereignty and international criminal law by critically examining the legal gaps in addressing forced displacement. It provides new insights into how international legal frameworks can be reinforced to ensure greater accountability for human rights violations.

Inclusive Villages and Creative Economy Development: Analysis of Social Capital in MSME Communities in Sidoarjo Regency

Tuti Budirahayu — 2025-07-01

Abstract: Participatory creative economic development can be realized through inclusive villages. Inclusive villages are a transformative and modern village concept that accommodates the interests of people with disabilities in socio-economic practices. However, there are still challenges and problems in realizing inclusive villages, which are inherent in creative economic dimensions.

Purpose: This study aims to analyze social capital within the MSME community in Sidoarjo Regency, providing a basis for achieving inclusive villages and fostering a creative economy.

Design/Methodology/Approach: This study employed qualitative descriptive methods in Dukuh Tengah Village, Sidoarjo Regency. Then, observation and in-depth interviews were used as data collection techniques with 30 informants who were recipients of the KURMA program.

Findings: This study found that the informants’ perspectives and understanding of inclusive villages and the creative economy were excellent. Apart from that, this study analyzes four opportunities to realize a just creative economy: the majority of people are entrepreneurs, have a good understanding of inclusive villages and the creative economy, get assistance from the KURMA program, and have good digital literacy. This study explains that the dimensions of trust, values, norms, and strong social networks in the community in Dukuh Tengah Village largely determine social capital in the MSME community. Therefore, this becomes the primary basis for creating inclusive villages, which are inherently tied to creative economic aspects.

Originality/value: This study contributes to analyzing the challenges and potential that exist in Dukuh Tengah Village to create an inclusive village. It also successfully analyzed the dimensions of social capital present in Dukuh Tengah Village, serving as a basis for creating a creative village that is inclusive of people with disabilities.

Batak Toba Customary Inheritance Law from a Gender Justice Perspective

Abd Rohman — 2025-07-01

Abstract: The customary inheritance law of the Batak Toba adheres to a patrilineal system that prioritizes male descendants as the primary heirs, while female descendants have limited inheritance rights. This system is based on customary values that position men as the successors of lineage and guardians of family assets. However, the development of national law and the growing awareness of gender equality have driven changes in the inheritance practices of the Batak Toba, creating tensions between customary law and national law.

Purpose: This study aims to analyze the inheritance system in Batak Toba customary law and explore the position of female descendants in obtaining their inheritance rights. It also seeks to identify the dynamics of changes in Batak Toba customary inheritance law in the context of gender justice.

Design/Methodology/Approach: This study employs a normative juridical method with a statutory and conceptual approach. The primary legal materials used include relevant legislation and court decisions, while secondary legal materials consist of academic literature, journals, and other legal documents.

Findings: The research findings indicate that the Batak Toba customary inheritance system is still dominated by patrilineal principles but has undergone shifts due to national legal intervention and social changes within the community. Supreme Court decisions have set precedents for recognizing the inheritance rights of female descendants, although gaps between customary law and national law persist in practice. Factors such as education, population mobility, and economic conditions also contribute to changes in the inheritance system.

Originality/value: This study contributes to the understanding of the interaction between customary law and national law in inheritance matters and provides recommendations for creating a more inclusive and equitable legal system for women in the Batak Toba indigenous community.

Currency Redesign Policy and Ease of Doing Business in Nigeria: Tracing the Implications on the Informal Sectors of the Economy

Amobi P. Chiamogu — 2025-07-01

Abstract: This study examines the implications of Nigeria’s 2022 currency redesign policy on the ease of doing business in the informal sector. Given that the informal sector contributes significantly to Nigeria’s GDP and employment, the abrupt implementation of the policy created liquidity constraints, disrupted transactions, and heightened financial exclusion risks. The study highlights the challenges faced by small traders and daily wage earners who rely heavily on cash-based transactions. It also evaluates the broader economic consequences of the policy, including its impact on market confidence, consumer spending, and business sustainability.

Purpose: The research aims to assess the effects of the 2022 currency redesign policy on business operations within Nigeria’s informal sector. It explores how liquidity shortages, limited access to financial services, and the lack of digital transaction infrastructure affected business continuity and economic stability.

Design/Methodology/Approach: This study employs a documentary research method, analyzing secondary data from policy reports, economic studies, and government publications. A qualitative approach is used to evaluate the economic implications of the currency redesign, focusing on transaction efficiency, financial inclusion, and business resilience.

Findings: The study finds that the sudden withdrawal of old naira notes, without a sufficient supply of new currency, severely impacted the informal economy. The policy led to a liquidity crisis, reduced business activity, and forced many traders to suspend operations. Furthermore, while digital transactions increased temporarily, financial infrastructure limitations hindered long-term adoption. The findings emphasize the need for gradual implementation strategies and improved financial inclusion measures to prevent economic disruptions.

Originality/value: This study contributes to the discourse on monetary policy and economic stability by providing a focused analysis of how currency redesign policies affect the informal sector. It offers insights into the challenges of implementing monetary reforms in cash-dependent economies and highlights policy recommendations to mitigate adverse effects on business operations.

Armenian Atrocities Against Azerbaijanis in the Ancient Oghuz-Turkic Homeland of Zangazur at the Beginning of the 20th Century (Based on Archival Materials)

Abdulla Mustafayev — 2025-07-01

Abstract: It was mentioned in the article that the Armenians, who were resettled in the lands of ancient Azerbaijan under the patronage of Tsarist Russia at the beginning of the 19th century, completed their military, political, economic, organizational and ideological preparations to seize these lands and started provocative actions from the beginning of the 20th century. They used various means to create fear among the population, and took advantage of the indifference of the tsarist authorities to become even more perverted. Finally, trying to take advantage of the conditions created by the first bourgeois-democratic revolution in Russia, they began to implement the first stage of the genocide and deportation policy that they would carry out against Azerbaijanis at various times throughout the 20th century.

Purpose: This article investigates the systematic violence and atrocities committed by Armenian armed groups, particularly the Dashnaksutyun party, against Azerbaijanis in the Zangezur district at the beginning of the 20th century. The aim is to bring international attention to this overlooked historical episode and examine the policies of ethnic cleansing and demographic manipulation carried out against the Azerbaijani population.

Design/Methodology/Approach: This study adopts a qualitative historical research method by analyzing archival materials, periodicals, and works of both Azerbaijani and Armenian authors. It employs document analysis to explore multiple narratives and reconstruct the events that transpired in the South Caucasus region during 1905–1907.

Findings: The research reveals that Armenian militias, aided by Russian imperial authorities, launched coordinated attacks on Azerbaijani settlements, resulting in mass killings, forced displacement, and the destruction of over 40 villages. Despite local resistance and organized counterattacks by Azerbaijani defense groups, many villages such as Qatar, Okchu, and Shabadek fell under siege and witnessed horrific massacres. The violence altered the ethno-demographic balance in favor of Armenians, with a significant decline in Azerbaijani presence in the Iravan governorate.

Originality/value: The article contributes original insights by presenting underrepresented Azerbaijani perspectives, substantiated through rarely accessed archival records. It challenges dominant narratives that overlook these atrocities and exposes the long-standing effects of Armenian expansionist nationalism and Russian imperial complicity. The study underscores the need for historical justice and a re-evaluation of early 20th-century Caucasus history to foster reconciliation and understanding.

Addressing Gender Issues in Education, Training for Vietnam’s Ethnic Minorities

Minh Đức Trần — 2025-08-01

Abstract: Gender equality in education is a crucial factor in achieving sustainable development. Although Vietnam has actively participated in international agreements on gender equality and education, disparities persist, particularly among ethnic minority communities. Ethnic minority women face greater obstacles than men due to cultural norms, economic constraints, and policy limitations. These barriers result in lower participation rates and higher dropout rates among female students, especially at the secondary and higher education levels. Addressing these challenges requires comprehensive policies that are both gender-sensitive and culturally inclusive.

Purpose: This study aims to examine the factors contributing to gender inequality in education among ethnic minority communities in Vietnam. It identifies cultural, economic, and policy-related barriers that hinder female students' educational opportunities and explores potential solutions to enhance gender equality in education.

Design/Methodology/Approach: A mixed-methods approach was employed, combining qualitative and quantitative data collection. Primary data were gathered through interviews and surveys with students, educators, and policymakers in ethnic minority regions. Secondary data from government reports and international organizations provided additional insights into the systemic challenges affecting gender equality in education.

Findings: The study reveals that approximately 45% of ethnic minority female students drop out before completing lower secondary education, primarily due to early marriage customs, household responsibilities, and traditional gender roles. Economic hardships, geographical distance, and inadequate educational infrastructure further exacerbate the issue. Although government policies provide financial aid and scholarships, they lack gender-sensitive provisions addressing the specific needs of ethnic minority women. Initiatives by organizations such as Irish Aid, UNDP, and UNICEF have contributed to improving educational access, but their effectiveness depends on stronger coordination with local authorities.

Originality/value: This study contributes to the discourse on gender equality in education by highlighting the unique challenges faced by ethnic minority women in Vietnam. It emphasizes the need for gender-responsive education policies, community awareness programs, and flexible vocational training initiatives to promote inclusive and sustainable educational opportunities. The findings offer valuable insights for policymakers, educators, and international organizations working toward gender equality in education.

Soft Power through Steel and Strategy: Toyota’s Role in Indonesia–Japan Economic Diplomacy

Alya Diva Alfitrah — 2025-08-01

Abstract: In an era of global economic interdependence, multinational corporations (MNCs) have become key players not only in investment and trade but also in shaping foreign policy and diplomatic relations. This article analyzes how Toyota Motor Corporation, a leading Japanese MNC, functions as a non-state actor in Indonesia’s foreign policy strategy, particularly within the framework of economic diplomacy.

Purpose: This study investigates the strategic role of MNCs—focusing on Toyota—in influencing Indonesia’s foreign policy. It explores how Toyota contributes to bilateral relations, industrial policy, and Japan’s soft power strategy in Southeast Asia.

Design/Methodology/Approach: The research adopts a qualitative, library-based method, drawing on academic literature, policy reports, and official documents. It builds a conceptual framework that connects corporate diplomacy with international political bargaining and national development.

Findings: Toyota serves a dual function: as a major foreign investor and as a non-state diplomatic actor. Its activities—such as implementing the Domestic Component Level (TKDN) policy, enabling technology transfers, expanding exports, and facilitating workforce training—reinforce Indonesia’s industrial development while advancing Japan’s economic and geopolitical interests. The relationship between Toyota and the Indonesian state is reciprocal and strategic, involving continuous political and economic negotiations. However, the study also notes existing structural challenges, including unequal knowledge transfer and limited technological autonomy for domestic partners.

Originality/value: This article offers a fresh lens by positioning MNCs as active agents in diplomacy and foreign policy. It bridges the gap between corporate international activity and traditional diplomatic studies, contributing to a deeper understanding of non-state actors in Global South foreign policy formation—particularly in the underexplored Indonesia–Japan context.

Equitable Policy Reform through an Interest-Balancing Approach as a Solution for the Development of Solar and Wind Energy in Indonesia

Fareh Prameswari — 2025-08-01

Abstract: The dominance of fossil fuels in Indonesia's energy sector has led to environmental degradation and growing energy subsidies. Amid escalating global demands for sustainable energy, Indonesia possesses vast potential in solar and wind resources, yet remains underutilized due to high capital costs, policy inconsistencies, and regulatory uncertainties.

Purpose: This study aims to explore how equitable policy reform, through an interest-balancing approach, can facilitate the acceleration of solar and wind energy development in Indonesia.

Design/Methodology/Approach: Employing normative legal research with statute and conceptual approaches, the study critically analyzes legal frameworks, government regulations, and doctrinal views on renewable energy investment.

Findings: The findings reveal that the Risk-Based Online Single Submission (OSS RBA) system, while intended to streamline licensing, often exacerbates environmental risks and excludes community participation. Moreover, sudden regulatory shifts, lack of legal enforcement, and weak post-licensing supervision undermine investor confidence. Drawing from international practices such as New Zealand’s Treaty of Waitangi-based model and Canada’s implementation of Free, Prior, and Informed Consent (FPIC), the paper argues for a balanced policy model integrating investor certainty, environmental protection, and community rights.

Originality/value: This article contributes original insights into the shortcomings of Indonesia’s current regulatory ecosystem and proposes the adoption of an interest-balancing approach informed by the Economic Analysis of Law and the Triple Bottom Line framework (Profit, People, Planet). It provides a novel prescriptive legal solution for enabling a more inclusive, sustainable, and investment-friendly environment for renewable energy development.