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All Journal Hang Tuah Law Journal
Azkal Fikri, Wildan
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Law, Crime, Criminology & Criminal Justice

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The Relationship between International Law and National Law in Wartime: The Indonesian Context Azkal Fikri, Wildan; Adepio, M. Ilham; Azimattara, Muchammad Daing
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.366

Abstract

This study examines the limitations of Indonesia’s strategy in regulating the interaction between international law and national law during wartime conditions. It focuses on three central issues: (1) the development of international and national law in both peacetime and wartime contexts; (2) the nature of their relationship within Indonesia’s legal system; and (3) Indonesian strategies for managing this relationship in situations of armed conflict. Employing a socio-legal approach integrated with a geopolitical perspective, the study conducts a comparative analysis of practices in the United States, the United Kingdom, Russia, Libya, Yemen, and Indonesia. The findings demonstrate that while the relationship between international law and national law is generally coherent and cooperative in peacetime, it becomes markedly ambivalent in wartime. Moreover, Indonesia is found to lack a comprehensive legal framework and adequate practical experience to address such conditions. The study argues that Indonesia’s capabilities and geopolitical position can function as strategic instruments to navigate and recalibrate the interaction between international law and national law in a way that is more aligned with its national interests.
Co-Authors Adepio, M. Ilham Azimattara, Muchammad Daing