Indonesia-Malaysia Cooperation in Human Rights Criminal Law Enforcement
Keywords:
Bilateral, Indonesia-Malaysia, Human Rights, Criminal, LawAbstract
This study aims at analyzing the form of bilateral cooperation between Indonesia and Malaysia in enforcing Human Rights (HAM), with a focus on the role of Constitutional Law in framing state obligations in such cooperation. Although ASEAN has a human rights mechanism, the effectiveness of ASEAN Intergovernmental Commission on Human Rights (AICHR), is limited. Thus, it raises the significant of bilateral cooperation between ASEAN member countries, especially Indonesia and Malaysia. A qualitative approach with a descriptive analytical method was geared to explore a deeper understanding of the implementation of this cooperation. The results of interviews with officials from the Indonesian and Malaysian Ministries of Foreign Affairs revealed that although there are several bilateral agreements involving the protection of migrant workers and combating human trafficking, implementation in the field is hampered by unclear law enforcement and differences in interpretation of state obligations. Despite the agreement between the two countries, the biggest obstacle lies in the weak governance mechanism and the inconsistency of the legal systems between Indonesia and Malaysia. In this context, Indonesian Constitutional Law plays an important role in ensuring that any international cooperation, including Malaysia, must be approved by the House of Representatives (DPR) to avoid violating the constitutional principles and human rights. The recommendation from this study is the importance of strengthening the monitoring mechanism and capacity of related institutions, to ensure better protection for Indonesian migrant workers in Malaysia and optimize bilateral cooperation in enforcing human rights
References
Aycock, Lauren M, Zahra Hazari, Eric Brewe, Kathryn B H Clancy, Theodore Hodapp, and Renee Michelle Goertzen. “Sexual Harassment Reported by Undergraduate Female Physicists.” Physical Review Physics Education Research 15, no. 1 (2019): 10121.
Bondestam, Fredrik, and Maja Lundqvist. “Sexual Harassment in Higher Education–a Systematic Review.” European Journal of Higher Education 10, no. 4 (2020): 397–419.
Boyer, Kate. “Sexual Harassment and the Right to Everyday Life.” Progress in Human Geography 46, no. 2 (2022): 398–415.
Burn, Shawn Meghan. “The Psychology of Sexual Harassment.” Teaching of Psychology 46, no. 1 (2019): 96–103.
Cassino, Dan, and Yasemin Besen‐Cassino. “Race, Threat and Workplace Sexual Harassment: The Dynamics of Harassment in the United States, 1997–2016.” Gender, Work & Organization 26, no. 9 (2019): 1221–40.
Clancy, Kathryn B H, Lilia M Cortina, and Anna R Kirkland. “Use Science to Stop Sexual Harassment in Higher Education.” Proceedings of the National Academy of Sciences 117, no. 37 (2020): 22614–18.
Cortina, Lilia M, and Maira A Areguin. “Putting People down and Pushing Them out: Sexual Harassment in the Workplace.” Annual Review of Organizational Psychology and Organizational Behavior 8, no. 1 (2021): 285–309.
Dobbin, Frank, and Alexandra Kalev. “The Promise and Peril of Sexual Harassment Programs.” Proceedings of the National Academy of Sciences 116, no. 25 (2019): 12255–60.
Folke, Olle, and Johanna Rickne. “Sexual Harassment and Gender Inequality in the Labor Market.” The Quarterly Journal of Economics 137, no. 4 (2022): 2163–2212.
Folke, Olle, Johanna Rickne, Seiki Tanaka, and Yasuka Tateishi. “Sexual Harassment of Women Leaders.” Daedalus 149, no. 1 (2020): 180–97.
Galdi, Silvia, and Francesca Guizzo. “Media-Induced Sexual Harassment: The Routes from Sexually Objectifying Media to Sexual Harassment.” Sex Roles 84, no. 11 (2021): 645–69.
Gillander Gådin, Katja, and Nan Stein. “Do Schools Normalise Sexual Harassment? An Analysis of a Legal Case Regarding Sexual Harassment in a Swedish High School.” Gender and Education 31, no. 7 (2019): 920–37.
Gupta, Dipali, and Juhi Garg. “Sexual Harassment at Workplace.” International Journal of Legal Science and Innovation, 2020.
Hart, Chloe Grace. “The Penalties for Self-Reporting Sexual Harassment.” Gender & Society 33, no. 4 (2019): 534–59.
Herbenick, Debby, Sari M van Anders, Lori A Brotto, Meredith L Chivers, Sofia Jawed-Wessel, and Jayleen Galarza. “Sexual Harassment in the Field of Sexuality Research.” Archives of Sexual Behavior 48 (2019): 997–1006.
Kahsay, Woldegebriel Gebregziabher, Reza Negarandeh, Nahid Dehghan Nayeri, and Marzieh Hasanpour. “Sexual Harassment against Female Nurses: A Systematic Review.” BMC Nursing 19 (2020): 1–12.
Keplinger, Ksenia, Stefanie K Johnson, Jessica F Kirk, and Liza Y Barnes. “Women at Work: Changes in Sexual Harassment between September 2016 and September 2018.” PloS One 14, no. 7 (2019): e0218313.
Klein, L B, and Sandra L Martin. “Sexual Harassment of College and University Students: A Systematic Review.” Trauma, Violence, & Abuse 22, no. 4 (2021): 777–92.
Mukarromah, Wahdatur Rike Uyunul, Satrio Wibowo, Wahyu Sudrajad, and Tuti Handayani. “The Evolution of Colonial Legal Regulations in 19th Century Dutch East Indies Classical Literary Texts.” International Journal of Sustainable Law 1, no. 2 (2024): 59–65.
Quinones, Lina Marcela. “Sexual Harassment in Public Transport in Bogotá.” Transportation Research Part A: Policy and Practice 139 (2020): 54–69.
Roscigno, Vincent J. “Discrimination, Sexual Harassment, and the Impact of Workplace Power.” Socius 5 (2019): 2378023119853894.
Siuta, Rose L, and Mindy E Bergman. “Sexual Harassment in the Workplace.” In Oxford Research Encyclopedia of Business and Management, 2019.
Syakur, Abd., Tri Achmad Budi Susilo, Wike Wike, and Rulam Ahmadi. “Sustainability of Communication, Organizational Culture, Cooperation, Trust and Leadership Style for Lecturer Commitments in Higher Education.” Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 3, no. 2 (2020): 1325–35. https://doi.org/10.33258/birci.v3i2.980.
Vargas, Emily A, Sheila T Brassel, Lilia M Cortina, Isis H Settles, Timothy R B Johnson, and Reshma Jagsi. “# MedToo: A Large-Scale Examination of the Incidence and Impact of Sexual Harassment of Physicians and Other Faculty at an Academic Medical Center.” Journal of Women’s Health 29, no. 1 (2020): 13–20.
Vera-Gray, Fiona, and Liz Kelly. “Contested Gendered Space: Public Sexual Harassment and Women’s Safety Work.” In Crime and Fear in Public Places, 217–31. Routledge, 2020.
Wiederhold, Brenda K. “Sexual Harassment in the Metaverse.” Cyberpsychology, Behavior, and Social Networking. Mary Ann Liebert, Inc., publishers 140 Huguenot Street, 3rd Floor New …, 2022.
Wood, Leila, Sharon Hoefer, Matt Kammer-Kerwick, José Rubén Parra-Cardona, and Noël Busch-Armendariz. “Sexual Harassment at Institutions of Higher Education: Prevalence, Risk, and Extent.” Journal of Interpersonal Violence 36, no. 9–10 (2021): 4520–44.
