Damura, Fahira Ode
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The Practice of the Death Penalty in Middle Eastern Countries Reviewed from the Perspective of International Law Damura, Fahira Ode; Wattimena, Josina Augustina Yvonne; Tuhulele, Popi
Balobe Law Journal Volume 5 Issue 1, April 2025
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v5i1.2414

Abstract

Introduction: Issues surrounding the application of the death law are still a topic of concern, especially in the context of its implementation. The debate continues, especially between countries that have abolished the death penalty and countries that still apply it. Those who support the death penalty argue that this step is still necessary for cases of serious crimes that threaten other individuals' human rights.Purposes of the Research: To study and understand how the death penalty is carried out in Middle Eastern countries and also to study and understand the views of international law in minimizing the practice of the death penalty in Middle Eastern countries.Methods of the Research: This writing uses a normative juridical research method, with the problem approaches used being the statutory approach, conceptual approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show the practice of the death penalty in Middle Eastern countries, especially Saudi Arabia, Iran and Egypt, as well as the suitability of its implementation with international legal instruments such as the ICCPR and UDHR. It found that although several countries have ratified these instruments, the practice of the death penalty often contravenes human rights principles, especially regarding the fairness of legal proceedings and the death penalty for the most serious crimes. To minimize the use of the death penalty, it is recommended that Middle Eastern countries carry out in-depth legal reforms, including abolishing the death penalty for non-serious cases and increasing dialogue with the international community to respect and protect human rights.
Penggunaan Kekerasan Sebagai Cara Memperoleh Wilayah Bertentangan Dengan Hukum Internasional Damura, Fahira Ode; Anwar, Arman; Tahamata, Lucia Charlota Octovina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.606

Abstract

Introduction: The territorial sovereignty of a country includes three dimensions, namely land, air and sea.Purposes of the Research: The purpose and benefit of this research is to demonstrate the study and analysis of the rules of territorial control and international law.Methods of the Research: The type of research used in this research is normative law which is sourced from primary and secondary legal materials whose data is collected through library research.Results of the Research: Based on the results of the research, it shows that the regulation of territorial control is regulated in international law but is prohibited if it is carried out by means of violence as stipulated in the UN Charter Article 2 paragraphs (3) and (4). The form of territorial conquest is currently strictly prohibited, this is emphasized in UN Security Council resolution 242 concerning the illegality of territorial control by war. The use of violence is only allowed in terms of self-defense, or based on the mandate of the UN Security Council for humanitarian purposes (humanitarian intervention). Apart from the above, in both classical international law and customary international law, the use of force and subjugation has not yet reached the stage of being prohibited.