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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Forschungsforum Law Journal
Muhammad Dewanto Adi Saputra
Universitas Pembangunan Nasional “Veteran” Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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CRIMINAL LIABILITY OF STATE OFFICIALS IN HUMAN TRAFFICKING CASES TO CAMBODIA AND EFFORTS TO REPATRIATE VICTIMS Muhammad Dewanto Adi Saputra; Kayus Kayowuan Lewoleba
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21308221

Abstract

Human trafficking to Cambodia constitutes a transnational crime involving cross-border criminal networks and, in several cases, state officials who abuse their authority. This situation creates significant challenges for law enforcement and the legal protection of victims, particularly during the repatriation process. This study aims to analyze the criminal liability of state officials involved in human trafficking to Cambodia and to examine the effectiveness of legal protection in the implementation of victim repatriation. This research employs a normative juridical method with a descriptive qualitative approach using statutory and case approaches. The findings indicate that the criminal liability of state officials is regulated under Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking and is further strengthened by Law Number 1 of 2023 concerning the Indonesian Criminal Code. However, its implementation remains ineffective because law enforcement has not fully addressed the involvement of intellectual actors and state officials participating in these crimes. Furthermore, the repatriation process continues to face challenges, including limited inter-agency coordination, inadequate diplomatic capacity, and the suboptimal fulfillment of victims' rights. Therefore, strengthening law enforcement and improving the victim repatriation mechanism are necessary to ensure more effective legal protection for victims.
Pertanggungjawaban atas Kejahatan Internasional: Studi Kasus Benjamin Netanyahu dan Yoav Gallant di Hadapan ICC Laily Maghfiroh; Muhammad Dewanto Adi Saputra
Forschungsforum Law Journal Vol 3 No 01 (2026): JANUARI
Publisher : Fakultas Hukum |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/flj.v3i01.12946

Abstract

The author examines the role of the International Criminal Court (ICC) in prosecuting Benjamin Netanyahu and Yoav Gallant for alleged war crimes and crimes against humanity in Gaza that caused a severe humanitarian crisis. Although Israel is not a party to the Rome Statute, the ICC's jurisdiction is applied through Palestine's status as a state party. Using a normative juridical method, the study analyzes the international legal framework, doctrines of individual responsibility, and the theory of command responsibility regulated by the 1998 Rome Statute. The discussion highlights the ICC’s legal basis, including the principle of legality, complementary jurisdiction, and the elements of war crimes and crimes against humanity used to charge the two leaders as co-perpetrators in the context of an armed conflict. The article also examines the establishment of command responsibility for military and civilian officials who knew or should have known about violations of humanitarian law but failed to prevent or punish the perpetrators. The case contains evidence of the acknowledged use of the Hannibal Directive and strategic orders that strengthen the suspicion of intent and effective control over the criminal acts, rejecting immunity based on political office. In conclusion, the ICC applies the principle of individual responsibility to overcome impunity and affirm the supremacy of international law, despite facing political and jurisdictional challenges in enforcing justice for international crimes in the Gaza conflict.
Co-Authors Kayus Kayowuan Lewoleba Laily Maghfiroh