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All Journal DiH : Jurnal Ilmu Hukum LEGAL BRIEF
Kurdi Kurdi
Sekolah Tinggi Ilmu Hukum Adhyaksa, Indonesia
Law, Crime, Criminology & Criminal Justice

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Conflict 2023–2025: An Analysis of International Humanitarian Law and Challenges Settlement by the International Criminal Court (ICC) Kurdi Kurdi; Muhammad Arbani
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1354

Abstract

The conflict between Israel and Palestine is a prolonged conflict that continues to this day. The conflict peaked again on October 7, 2023 and caused many casualties on the Palestinian side. This study aims to find out about Israel's military aggression against Palestine in 2023-2025 based on international humanitarian law. In addition, it also aims to analyze the role and challenges of the ICC in resolving Israeli-Palestinian aggression based on international law. This research is a type of normative legal research with a statutory regulatory approach and a conceptual approach. The results of the study show that in the 2023-2025 Israeli-Palestinian conflict, Israel violated the principles of international humanitarian law and also the rules of international law itself as regulated in the Geneva Conventions and their additional protocols, as well as the Rome Statute which regulates its enforcement. To resolve the conflict, the ICC plays a role by investigating the Palestinian situation and issuing arrest warrants against those responsible for enforcing international humanitarian law. However, in its implementation there are challenges faced by the ICC, namely the ICC does not have an executive force authorized to carry out the warrants that have been issued, Israel is not a party to the Rome Statute, and there is great pressure from various countries that support Israel. The suggestion based on the results of the study is that the ICC must act independently and not be influenced by political pressure from any country, so that it can enforce humanitarian law as it should
Defarmation Against Government in National Criminal Code: Review on Freedom of Expression and Opinion Rights Kurdi Kurdi; Sandi Yudha Prayoga; Teuku Ahmad Dadek
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 1 Februari 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.vi.131960

Abstract

The offense of insulting the government or state institutions is considered contrary to the right to freedom of expression and opinion. This study aims to determine the regulation of the offense of insulting the government or state institutions based on the perspective of the right to freedom of expression and opinion. In addition, it also aims to compare the regulation of insulting offenses against the government or state institutions in Indonesia with other countries. The research is included in normative legal research using a statutory approach, conceptual approach, and comparative legal approach. The results show that the offence under discussion does not violate the right to freedom of expression and opinion because Article 240 of the National Criminal Code has clearly distinguished between the act of "insulting" and the act of criticizing the government, which is a right of expression. In addition, the offense is included in the complaint offense so that it cannot be prosecuted prior to a report. Moreover, the regulation of the offense of insulting the government or state institutions is still in line with the principle of limiting the right to freedom of expression and opinion as a derogable right. Because the act of insulting is included in acts that violate morals and public order, which are the limits of the guaranteed rights
Co-Authors Muhammad Arbani Sandi Yudha Prayoga Teuku Ahmad Dadek