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All Journal Indonesian Journal of International Law Indonesia Law Review (ILREV) terAs Law Review: Jurnal Hukum Humaniter dan HAM
Bhatara Ibnu Reza
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Menguak Penghilangan Paksa: Suatu Tinjauan dari Segi Politik dan Hukum Internasional Reza, Bhatara Ibnu
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Enforced disappearance or involuntary disappearance is a method used by the authority of state to vanish the unwanted actors in society by doing some act like arresting without justifiable warrant or even kidnapping. The main factor of this act is the implementation of national security doctrine based on political consideration. This illegal act is not just against human rights, furthermore it makes the existence human being as a person vanish, as a result, law does not be able to provide protection guarantee. This existing illegal acts done by some government toward their inferiors are the reason why international law provides protection to society by declaring the enforced disappearance as a serious crime against fundamental rights in some international instrument such as Declaration on the Protection of All Persons form Enforced Disappearance and Inter-American Convention on Forced Disappearance. Since 1999, United Nations Commision in Human Rights has produced Draft International Convention on the Protection of All Persons from Forced Disappearance. This article addresses those issue with the picture of cases happened in Indonesia.
The International Criminal Court: An Analysis of Republican Liberalism Perspective Reza, Bhatara Ibnu
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The establishment of International Criminal Court (ICC) is hidden wish after 50 years convening the International Military Court in 1946. The court faces the obstacles from the big countries but they execute their function well in the international justice enforcement on against the human rights crimes which has knows in international law. Nowadays, the court prosecute in Democratic Republic of the Congo case and another case in Pre-Trial Chamber. In fact, there are much the party of the Rome Statute 1998 is the violators of human rights. The States like Democratic Republic of Congo, Uganda, Central African Republic, and Colombia is the state parties of Rome Statute 1998 but they have problems on the violators in their country. Compared to Indonesia which is not the party of Rome Statute but still has the same problem. Indonesia is intend to be the party of Rome Statute in 1998 and 2008. This article is explain how the reaction of the states, especially those who are in the internal armed conflict and in the transition period, with the new development in international law, especially human rights. Writers is using the theory of Andrew Moravcsik in his article “The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe”, where the countries is in the traditional phase to “lock in” in the international law. with that way, Moravcsik thinks the countries can not go back to the authoritarian period.
THE TOTAL PEOPLE'S DEFENSE AND SECURITY SYSTEM: PROBLEMS OF THE STATE-SPONSORED MILITIA IN INDONESIA Reza, Bhatara Ibnu
Indonesia Law Review Vol. 7, No. 2
Publisher : UI Scholars Hub

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Abstract

The establishment of state-sponsored militia has raised concerns of human rights violations in non-international armed conflict in Indonesia. Most of the state-sponsored militia have been formed and tacitly supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia) mostly based on the implementation of a concept called the Total People’s Defense and Security System (sistem pertahanan rakyat semesta-sishankamrata). The Total People’s Defense and Security System is the grand strategy adopted based on Indonesia’s experience during Indonesia’s physical revolution or armed struggle for independence (1945-1949) and recognized under the Second Amendment to the 1945 Constitution. This article will elaborate on, first, the constitutional history and ideology of ‘total people’s defense’ which contributes to the political ideology of the military and its relations with the existence of militia groups; and second, the active encouragement of militia abuses by the Indonesian military as part of a campaign to maintain control of regions seeking independence, along with the constraints imposed by the military itself on the manner in which it conducts such campaign.
PENYIKSAAN TERHADAP TAHANAN ANAK PASCA-PROTES ANTI HIJAB DI IRAN (2022) MENURUT KONVENSI HAK-HAK ANAK 1989: CHILD DETAINEES TORTURE ON POST-ANTI HIJAB PROTEST IN IRAN (2022) ACCORDING TO THE 1989 CONVENTION ON THE RIGHTS OF THE CHILD Zitani, Amanda Raissa; Reza, Bhatara Ibnu
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ptetnb77

Abstract

As a vulnerable group, children have the right to protection by the state, including children in Iran. As a country that has signed and ratified the Convention on the Rights of the Child (CRC), Iran has an obligation to ensure the rights of children in the country. In 2022, there were incidents of torture against child detainees by Iranian security forces due to nationwide anti-hijab protests following the death of Mahsa Amini. The problem formulation in this journal article is why Iran uses torture methods against child detainees in response to nationwide anti-hijab protests and what efforts are made to eliminate cases of torture against child detainees in Iran. The analysis results show that there is a finding of a practice of physical punishment commonly known as corporal punishment in Iran, applied to all sectors including children. Furthermore, this punishment is supported by various Iranian national legal regulations. Efforts to eliminate child torture have not been fully undertaken by the Iranian government. Iran needs to reform certain national legal provisions that support the practice of physical punishment, collaborate with international organizations such as UNICEF or international non-governmental organizations such as Amnesty International and Human Rights Watch. The authority of the Committee on the Rights of the Child and recommendations from the Special Rapporteur's report are also needed to help eliminate torture against child detainees in Iran.
Co-Authors Zitani, Amanda Raissa