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All Journal Jurnal Cita Hukum JURNAL USM LAW REVIEW Jurnal Suara Hukum
Permana, Vensky Ghaniiyyu Putri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Extrajudicial Killings over the Drug War in the Philippines under the ICC Jurisdiction Gunawan, Yordan; Permana, Vensky Ghaniiyyu Putri
Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n1.p31-47

Abstract

Extrajudicial killings in the Philippines have escalated, resulting in severe human rights violations exacerbated by the enforcement of drug war policies, which have led to numerous deaths without due legal process. These killings constitute serious crimes falling within the jurisdiction of the International Criminal Court (ICC). This paper examines how the ICC can serve as an international mechanism for addressing extrajudicial executions in the Philippines' drug war. Employing normative legal research methodology, the study utilizes legal sources focused on normative law as primary data. The ICC, functioning as a permanent court, is mandated to prosecute individuals responsible for international crimes under the Rome Statute. The findings confirm that extrajudicial killings in the Philippines qualify as international crimes, thus within the ICC's purview. Consequently, the ICC's involvement should not be construed as a challenge to national sovereignty but rather as a catalyst for strengthening global criminal justice frameworks. By holding perpetrators accountable, the ICC can stimulate the development of national criminal justice systems worldwide and encourage the enactment of domestic laws addressing egregious human rights violations and breaches of international humanitarian law. This role underscores the ICC's mission to promote universal ideals and ensure justice for victims of grave international offenses.
The Authority of the Republic of Indonesia Police (POLRI) in Handling Cases Based on Restorative Justice Adila, Ruby Nur; Juniara, Ade; Permana, Vensky Ghaniiyyu Putri
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.8983

Abstract

Arrangements for the implementation of restorative justice for adult offenders in Indonesia have different standards and requirements between law enforcement agencies, for example, the Police interpret the implementation of restorative justice in the form of peace between the parties and then, on the basis of this peace, a Letter of Order to Stop Investigation (SP3) is issued. Therefore, it is necessary to study further regarding the authority of the Police in handling and terminating cases based on restorative justice. This research is normative research carried out by analyzing norms in statutory regulations and concepts related to restorative justice. The conclusion is that the implementation of restorative justice in the Police is part of the Police's discretionary authority if restorative justice is interpreted as a technique for handling cases with an approach that prioritizes recovery by involving the perpetrator, victim, victim's family, perpetrator's family and impartial third parties. Meanwhile, the issuance of SP3 based on restorative justice is an inappropriate interpretation of the Police's discretionary authority because the SP3 has been integrated in a limitative manner in Article 109(2) of the Criminal Procedure Code.
The Law Enforcement of Illegal Fishing in the Perspective of UNCLOS 1982: The Case of Illegal Fishing in the North Natuna Sea Gunawan, Yordan; Amirullah, Muhammad Nur Rifqi; Abdussalam, Muhammad Rafi; Permana, Vensky Ghaniiyyu Putri
Jurnal Cita Hukum Vol. 10 No. 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.21770

Abstract

The potential for illegal fishing in Indonesia's marine areas is tremendous, especially in the exclusive economic zone of Indonesia, mainly in the North Natuna marine area. Following the rampant illegal fishing activities, policies on preventing and eradicating illegal fishing in the Republic of Indonesia are constantly debated both in theory and implementation. Illegal fishing activities are not only a problem for Indonesia but also a cross-border problem because the perpetrators come from across countries. Therefore, the handling of this problem must be cross-border, and the implementation of international law is necessary. By using normative legal research, the paper analyzed the law enforcement of illegal fishing by referring to UNCLOS as the basis of international maritime law to obtain legal certainty in illegal fishing in the Indonesian exclusive economic zone (EEZ), especially in the North Natuna Sea area. According to Article 73 paragraph (1) UNCLOS 1982, Indonesia can take action against illegal fishing perpetrators by using its own legal regulations because illegal fishing can interfere with the management rights of Indonesia's marine natural resources.
Co-Authors Abdussalam, Muhammad Rafi Adila, Ruby Nur Amirullah, Muhammad Nur Rifqi Iwan Satriawan Juniara, Ade Yordan Gunawan