Article Per Year (5 Year)
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This Author published in this journals
All Journal Lampung Journal of International Law (LaJIL) Pancasila and Law Review Constitutionale
Muhammad Fathi
Universitas Muhammadiyah Yogyakarta
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Trump’s Call to Control Gaza: A Case of Ethnic Cleansing? Muhammad Fathi; Muhammad Nur Rifqi Amirullah; Rian Ade Pangestu
Pancasila and Law Review Vol. 6 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i2.4552

Abstract

This research examines the intersection of international law and the controversial proposal by former US President Donald Trump regarding the forced transfer of Palestinian civilians from Gaza. The study places this issue within the framework of ethnic cleansing and the prohibition of population transfer under international humanitarian law, aiming to assess whether such a proposal may violate international law, particularly the Geneva Conventions and customary international law. Using a normative juridical method with conceptual and statutory approaches, the analysis draws on key legal instruments, including the Fourth Geneva Convention, the Rome Statute, and United Nations resolutions, to evaluate the legality of forced displacement in armed conflict. The findings indicate that Trump's statements, although lacking legal authority, risk legitimizing practices that could constitute ethnic cleansing or crimes against humanity if implemented. The study also highlights the broader implications of such rhetoric for state responsibility, international criminal accountability, and the weakening of protective norms. It concludes that the international community must reject policies that normalize forced transfer and consistently enforce international obligations to prevent impunity and protect civilian populations.
Presidential Term Limit as an Implicit Unamendable Provision In Indonesia's Hyper-Presidentialism Muhammad Fathi; Anshul Tripathi
Constitutionale Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i2.4524

Abstract

This article analyzes the paradox between Indonesia’s presidential term limits and the persistence of hyper-presidentialism through a normative juridical approach structured in three stages. First, it interprets Article 7 and Article 37(5) of the 1945 Constitution using grammatical, historical, and teleological methods to assess whether term limits function as implicit eternity clauses. Second, it examines Constitutional Court rulings, including Decision No. 91/PUU-XVIII/2020 and decisions related to the 2024 election, to evaluate how term-limit norms are applied, contested, or strategically used in practice. Third, it situates these legal developments within broader political dynamics, including coalition-building, party co-optation, executive influence over judicial appointments, and the rise of political dynasties. These stages are supported by doctrinal literature on constitutional unamendability and executive aggrandizement. The analysis shows that although the two-term limit is normatively framed as an implicit safeguard against authoritarianism, its effectiveness ultimately depends on the strength of institutional autonomy. In weak institutional settings, it becomes susceptible to erosion through dynastic hyper-presidential practices.
Targeted Killing of Ismail Haniyeh: International Law Perspective Muhammad Fathi; Muhammad Alfin Imanullah; Aisyah Ajeng Putri Riyanto; Sayyid Nabil Mahakim Najwa
Lampung Journal of International Law Vol. 8 No. 1 (2026)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v8i1.3935

Abstract

The unresolved Palestine-Israel conflict has intensified debate over the legality and ethical implications of targeted killings under international law. This normative legal study examines the killing of Ismail Haniyeh in Tehran by analyzing its compatibility with the principles of distinction, proportionality, and necessity under international humanitarian law. The operation also raises serious concerns under Article 6 of the ICCPR, which prohibits arbitrary deprivation of life, and Article 14, which guarantees fair trial and due process protections. In addition, the operation potentially violated Iran’s sovereignty and territorial integrity under Article 2(4) of the United Nations Charter, which prohibits the use of force against another state. The study highlights the need for stronger accountability mechanisms, greater judicial oversight, and the prioritization of non-lethal alternatives in counterterrorism operations. It further emphasizes that adherence to international legal norms and efforts to address the root causes of the Palestine-Israel conflict remain essential for protecting human rights and maintaining international legal order..
Co-Authors Aisyah Ajeng Putri Riyanto Anshul Tripathi Muhammad Alfin Imanullah Muhammad Nur Rifqi Amirullah Rian Ade Pangestu Sayyid Nabil Mahakim Najwa