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Journal : Risalah Hukum

Extrajudicial Killing dalam Kebijakan War on Drugs di Filipina Ditinjau dari Hukum Pidana Internasional Salasmita, Salasmita; Putra Kurnia, Mahendra; Erawaty, Rika
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.852

Abstract

The threat of drug abuse in the Philippines has prompted President Rodrigo Duterte to intensify a campaign to combat it, through the War on Drugs, a program to neutralize drug abusers. However, the implementation of the policy is allegedly loaded with serious human rights violations in the form of extrajudicial killings committed against civil society. This research aims to analyze whether extrajudicial killings carried out in the War on Drugs Policy during the administration of President Duterte were qualified as gross human rights violations and the application of international court jurisdiction over the situation. The research method used in this research is doctrinal research. The results showed that extrajudicial killings in the Philippines met the elements of crimes against humanity so that they could qualify as gross violation of human rights. The International Community has rightly sought to enforce the law on this situation through the International Criminal Court with President Duterte as the individual who must be held responsible.
Penanganan Terbaik Pada Kelebihan Kapasitas Lembaga Permasyarakatan Di Beberapa Negara Turnip Mega Marta; Putra Kurnia, Mahendra; Erawaty, Rika
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v19i1.1015

Abstract

This research is motivated by the fact that there are still many Correctional Institutions in several countries that experience overcapacity of residents caused by the orientation of the application of imprisonment. This normative research aims to find out the best form of handling related to the overcapacity of prisons in several countries and whether the best treatment in several countries can be applied in Indonesia to reduce the overcapacity of prisons in Indonesia. The research method used in this research is doctrinal law research. The results found from this study indicate that the increase in the overcapacity of prisons in several countries is due to the practice of imprisonment. Therefore, it is necessary to develop and increase the effectiveness of alternative criminals, and it is necessary to reform the criminal law legislation for certain types of crimes.