Resdianto Willem
Universitas Pendidikan Muhammadiyah Sorong

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International Criminal Law Enforcement Mechanisms for Israel as a Perpetrator of Genocide and Crimes Against Humanity Lisa Mery; Riri Anggriani; Resdianto Willem; Andi Sri Rezky Wulandari; St. Ulfah
Mataram Journal of International Law Vol. 4 No. 1 (2026): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ywna8072

Abstract

This study aims to analyze: 1) the structural challenges facing the UN and the international legal consequences of israel's violations of jus cogens obligations, alongside the implications for the global legal order and the fostering of international trust; and 2) the potential role of International Criminal Law specifically through the International Criminal Court (ICC) in addressing entities implicated in crimes evidenced empirically but which have evaded direct accountability, while also proposing strategies for international law enforcement. The research employs a normative-juridical method, utilizing approaches based on International Law, International Court of Justice rulings, and doctrines within International Criminal Law. The findings necessitate a comprehensive analysis, revealing that theoretically: 1) the failure of the legal regime to address jus cogens violations erodes the foundation of opinio juris and fosters the fragmentation of international law; and 2) israel’s proven violations and blatant display of arrogant impunity undermine state confidence in the legitimacy of International Law which ought to protect humanity thereby risking a normative collapse of the International Criminal Law regime. Consequently, there is a need for counter-hegemonic legal strategies driven by coalitions of states and non-state actors. As the UN comprises 193 member states, any action taken on its behalf must reflect the collective will of those members. Throughout the conflict involving Palestine as a nation state particularly following israel's 1948 declaration of independence the UN's inability to take appropriate humanitarian action in this protracted conflict has perpetuated the suffering of the Palestinian people to this day; this is clearly evidenced by the UN Security Council (the UN's highest body responsible for maintaining international peace and security) being repeatedly stymied by vetoes, preventing agreement on swift and effective resolutions to ensure the safety of the Palestinian people, especially in Gaza.
Prevention EffortsImplementation of Diversion in Handling the Crime of Motorcycle Theft by Children at the Sorong Police Nadila; muhamad hasan rumlus; Resdianto Willem
Equality Before The Law Vol 6 No 2 (2026): Equality Before The Law
Publisher : Program Studi Hukum Universitas Pendidikan Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36232/ebl.v6i2.6412

Abstract

Theft offenses are frequently committed by juveniles, who are legally classified as children under Indonesian law. The involvement of children in theft is often associated with psychological immaturity and emotional instability, making them more susceptible to influence, persuasion, or coercion by adults to engage in criminal acts. This study aims to examine and analyze the implementation of diversion in the settlement of cases involving motorcycle theft committed by children. It adopts a juridical approach with a descriptive research design. The study employs both secondary data, collected through a literature review, and primary data, obtained through field research, particularly interviews conducted with investigators at the Sorong District Police. The findings reveal that the implementation of diversion in cases of motorcycle theft committed by children has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The law requires investigators to initiate diversion during the investigation stage by involving all relevant parties, including the child offender, the victim, their respective parents or guardians, professional social workers, and the Correctional Center (Balai Masyarakat/Bapas), in a deliberative process aimed at reaching a Diversion Agreement. Several factors affect the effectiveness of diversion, including the limited number of law enforcement officers who have received specialized training on the Juvenile Criminal Justice System, victims' demands for excessive compensation motivated by financial gain, and the public's limited understanding of the objectives and procedures of diversion.