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All Journal Jurnal Hukum Sehasen Riwayat: Educational Journal of History and Humanities
Ramadhan, Muhammad Fadhil Andika
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Liability Under The Rome Statute Of The International Criminal Court For Israel's Military Offensive On The Gaza Strip Gintings, Aman Wibawa; Ramadhan, Muhammad Fadhil Andika; Asril, Yuli Rahmawati
JURNAL HUKUM SEHASEN Vol 11 No 1 (2025): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i1.7889

Abstract

This research aims to analyze criminal liability under the Rome Statute of the International Criminal Court regarding Israel's military attack on the Gaza Strip. This research is normative juridical in nature, by looking at international law as rules or norms and general legal principles in the application of international criminal law. The approach used in this research is a case approach. The nature of this research is descriptive research that explains the problem on the facts of armed conflict between Israel and HAMAS and human rights violations committed by Israel against the Palestinian population in Gaza. The data sources in this research consist of secondary data. Data collection techniques were carried out through literature studies and online data searches as well as reviewing laws and regulations and books, journals, and other references relevant to the research. The result of this research is that the International Criminal Court (ICC) is a criminal court that has become part of the international global justice system, has the authority to handle and try crimes in accordance with article 5 paragraph (1) of the Rome Statute. In 2012, as many as 193 countries that are members of the UN have recognized Palestine as a real “state”. With the status changing from “entity” to “non-member state” which means that Palestine has the right to join the ICC. Palestine's joining the ICC was marked by the signing of the Rome Statute on April 1 by the Palestinian president. By joining Palestine to the ICC, it has become the authority and jurisdiction of the ICC as the International Criminal Court to help deal with the conflict that occurred in Palestine. So based on article 13 letter (a) and article 14 of the Rome Statute, referring to the situation in Palestine, the court specifically requested the Prosecutor to help investigate the conflict that occurred, in accordance with the temporary jurisdiction of the country.
The importance of Restorative Justice for victims of Assault (Restorative Justice Case Study At The District Attorney's Office Of Bandung Regency) Gintings, Aman Wibawa; Ramadhan, Muhammad Fadhil Andika; Asril, Yuli Rahmawati
Riwayat: Educational Journal of History and Humanities Vol 8, No 4 (2025): Oktober, Social Issues and Problems in Society
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i4.48753

Abstract

Criminal assault is a form of crime against the body that causes physical, psychological, and social harm to the victim. The Indonesian criminal justice system has traditionally placed greater emphasis on punishing the perpetrator (retributive justice) than on restoring the victim. As a result, the interests of the victim are often neglected. Restorative justice emerges as an alternative approach that places victims, perpetrators, and the community within a single resolution process aimed at restoring losses, repairing social relationships, and fostering harmony. This study uses a normative legal method with a legislative, conceptual, and case study approach to analyze the urgency of applying restorative justice in assault cases. The analysis results show that restorative justice provides direct benefits to victims in the form of physical, psychological, and economic recovery, as well as preventing ongoing conflicts in the community. The implementation of restorative justice in Indonesia has a legal basis through Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020 and Circular Letter of the National Police Chief No. SE/2/II/2021, although there are still obstacles such as limited awareness among officials and the community, as well as the absence of a post-reconciliation evaluation mechanism
Co-Authors Asril, Yuli Rahmawati Gintings, Aman Wibawa