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KEJAHATAN PERANG DAN BEBERAPA MASALAH RUMUSANNYA DALAM HUKUM PIDANA NASIONAL Rina Rusman
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 1 No. 1 (2005): Jurnal Hukum Humaniter
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1751.711 KB) | DOI: 10.25105/teras-lrev.v1i1.5390

Abstract

Konvensi Jenewa 1949 dan Protokol Tambahan 1977 telah mewajibkan negara peserta perjanjian tersebut untuk membuat peraturan perundangundangan mengenai pelanggaran berat hukum humaniter yang secara substansial merupakan kejahatan perang. Indonesia sebagai negara peratifikasi Konvensi Jenewa telah merumuskan kejahatan perang di dalam Rancangan Kitab Undang-undang Hukum Pidana (RKUHP) tahun 2004. Dalam RKUHP tersebut berbagai rumusan mengenai kejahatan perang di antaranya telah mengacu kepada Statuta Roma 1998. Namun demikian, banyak substansi dalam RKUHP yang berkaitan dengan kejahatan perang masih perlu dikaji lebih lanjut.
Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide Rusman, Rina; Syofyan, Syofirman
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.455-465.2024

Abstract

Forcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discussed
Universal Humanitarian Principles Of Minangkabau Proverbs: A Living Law Perspective Rusman, Rina; Daulay, Zainul; Danil, Elwi; Sofyan, Syofirman
Journal Research of Social Science, Economics, and Management Vol. 3 No. 5 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v3i5.593

Abstract

Difference from other studies that discuss proverbs from the perspective of art and linguistic, this study focused on its’ relevance with universal humanitarian principles adopted in various international treaties of international humanitarian and human rights laws. This study was conducted because several important treaties are not yet ratified by Indonesia due to an assumption that there are certain principles are not align with the living law in Indonesia. Even, the State needs to invoke certain provisions from the treaties to persuade the protection of its citizens being abroad whom trapped in situations of armed conflict and other situations of violence. This study answers this following question: Do Minangkabau proverbs provide sufficient relevant values which are align with the universal humanitarian principles? This research used the living law perspective and legal normative method in finding the relevant proverbs. The research result shows that the universal humanitarian principles can be found in certain relevant proverbs. At least 40 Minangkabau proverbs are compatible with and cover the ten universal humanitarian principles discussed. It proves that, from the cultural view, Indonesia is ready to ratify the certain main international treaties.