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TANGGUNG JAWAB NEGARA ATAS PELINDUNGAN OBJEK SIPIL PADA KONFLIK BERSENJATA BERDASARKAN PRINSIP PROPORSIONALITAS DALAM HUKUM HUMANITER INTERNASIONAL: STATE RESPONSIBILITY FOR THE PROTECTION OF CIVILIAN OBJECTS IN ARMED CONFLICT BASED ON THE PROPORTIONALITY PRINCIPLE IN INTERNATIONAL HUMANITARIAN LAW Fitriliani, Yulia; Sujatmoko, Andrey
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 1 (2023): Mei 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/teraslrev.v5i1.20609

In IHL, there is the principle of proportionality, namely in the case of carrying out an attack, both the means and the method, the damage that will be suffered by the civilian population or civilian objects must be proportional in nature and not excessive in relation to the acquisition of real and direct military benefits that can be predicted as a result of the attack on military targets. But in reality, in an armed conflict, there must be many victims, both from those who participate and those who do not participate in the war, and cause damage to civilian objects, either intentionally or unintentionally. Therefore, the research problem is how the act of attacking civilian objects in armed conflict based on the principle of proportionality; and how the state's responsibility for the protection of civilian objects in armed conflict based on the principle of proportionality. The results of the research concluded that (1) During armed conflict, it is still necessary to fulfill the principles and provisions in IHL, one of which is the principle of proportionality based on Article 57 paragraph (2) (a) (i to iii) of Additional Protocol I, 1977. The party that will carry out the attack has the obligation to gather information in advance before and at the time of the attack in order to know that the target to be attacked is a military target, not a civilian object. Then take all precautions in choosing the means and methods of attack, so that the damage to be suffered by the civilian population or civilian objects is proportionate and not excessive in relation to the acquisition of real and direct military advantage; (2) In the event of an attack on civilian objects in armed conflict, the attacking state must be responsible for all internationally wrongful acts, which result in damage and loss. This is stipulated in ARSIWA 2001, Article 2. In IAC, the 1907 Hague Convention IV, Article 3; the 1949 Geneva Conventions, namely Article 51 of Geneva Convention I, Article 52 of Geneva Convention II, Article 131 of Geneva Convention III, and Article 148 of Geneva Convention IV, 1949; Additional Protocol I, 1977, Article 91 apply. In NIAC, Article 3 of the Geneva Conventions 1949 applies.

Inheriting Inequity: A Comparative Legal Dissection of Gender Discrimination in Indonesian Inheritance Law Wulandari , Wahyuni Retno; Ahmad, Nadzriah; Fitriliani, Yulia; Purwaningsih, Rini
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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As Indonesia adopts Islamic law, civil law, and customary law in its legal system, it is suspected that some serious issues emerge in its implementation. One of them is gender inequality issue in its inheritance law. While the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has been ratified by the country, discriminatory practices persist as a result of patriarchal interpretations of the law and dominant patrilineal customs. This study aims to analyze gender inequality in inheritance distribution by examining how legal systems in Indonesia align with or diverge from the international human rights norms, particularly CEDAW. Using a normative legal method and comparative approach, this study looked into the legal structure, substance, and culture of inheritance legal systems in predominantly Muslim countries such as Egypt, Tunisia, Morocco, Pakistan, Thailand, Malaysia, Singapore, Brunei Darussalam, and Indonesia based on Lawrence Friedman’s legal system theory. The results showed that Indonesia’s civil law had a tendency to conform to the international gender equality norms. However, the Islamic and customary inheritance practices in the country were still strongly influenced by patriarchal values. In comparison, some of the other countries studied in this research demonstrated greater flexibility in aligning their Islamic inheritance laws with the gender justice principles. These findings underscored the urgent need for Indonesia to develop context-sensitive legal reform strategies that include progressive ijtihad, transformation of patriarchal customs, and synchronization of the national inheritance law with the international human rights standards.

PENEGAKAN KEAMANAN LAUT INDONESIA TERKAIT ANCAMAN OPERASI MILITARY GREY ZONE OPERATION OLEH CINA DI LAUT CINA SELATAN BERDASARKAN UNCLOS 1982: ENFORCEMENT OF INDONESIA’S MARITIME SECURITY RELATED TO THE THREAT OF MILITARY GREY ZONE OPERATION BY CHINA IN THE SOUTH CHINA SEA BASED ON UNCLOS 1982 Putra, Dzulfiqar Gondawa; Fitriliani, Yulia
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/yb716g60

The enforcement of maritime security within Indonesia is a manifestation of law enforcement and sovereignty over Indonesia's maritime zone. However, in practice there are still violations, including in the South China Sea adjacent to the North side of the North Natuna Sea. During 2022 to January 2023, China Coast Guard (CCG) ships owned by China conducted Military Gray Zone Operations in the North Natuna Sea which is an area of Indonesia's Exclusive Economic Zone (EEZ). The problem of this research is whether the operations carried out by the CCG ships in the North Natuna Sea violate Indonesia's EEZ and Continental Shelf based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982), and what efforts will be made by Indonesia against the threat of these operations. This research uses secondary data sources so that it is normative legal research, with analytical descriptive nature and deductive logic. The conclusion obtained is that the operations carried out by the CCG vessels are a violation of Indonesia's EEZ and continental shelf. This is because based on the 2016 Permanent Court of Arbitration (PCA) Decision, the nine dash line claim is not in accordance with UNCLOS 1982 and the EEZ has gained international recognition. Furthermore, the operation also violates the principle of navigation, which is that crossing the jurisdiction of the coastal state must be continuous without stopping to unless there is a valid reason according to law; the obligation to respect the rights and obligations, and comply with the laws and regulations of the coastal state (Article 58 paragraph (3)); and the obligation of good faith (Article 300) of UNCLOS 1982. Efforts made by Indonesia are through national (Indonesia Marine Security Agency) and international (diplomacy and legal channels).

HAK ATAS PENDIDIKAN DAN HAK BUDAYA MASYARAKAT ADAT (TINJAUAN HAK MASYARAKAT ADAT DI JEPANG DAN INDONESIA): INDIGENOUS PEOPLE RIGHTS IN CULTURE & EDUCATION (A REVIEW OF RIGHTS FOR INDIGENOUS PEOPLE IN JAPAN AND INDONESIA) Permanasari, Arlina; Notoprayitno, Maya Indrasti; Zuhra, Amalia; Nrangwesti, Ayu; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 1 (2024): Mei 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/n4qemn53

Access of Indigenous children to education remains a problem when there is discrimination in learning, treatment, and the use of the language and culture in schools. This impacts on the achievement of education for all. Discriminatory fulfilment of the right to education for Indigenous children is not only experienced by developing countries, but in fact indigenous children in developed countries experienced the same thing. The Ainu tribe children in Japan still experiences discrimination in the world of education, but in contrast to the Anak Dalam tribe in Indonesia, the Indonesian Government has sought to obtain their rights. The role of the government in fulfilling the right to education is very important as the entity responsible for upholding human rights. The government's role in inclusive education raises the issue of the rights of indigenous children in the fields of culture and education to a more real significant and realistic.

SEXUAL VIOLENCE IN ARMED CONFLICT: ONE-SIDED JUSTICE FOR WOMEN: KEKERASAN SEKSUAL DALAM KONFLIK BERSENJATA: KEADILAN YANG BERAT SEBELAH BAGI PEREMPUAN Maratussholehah, Hanifah; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/12b4t622

This paper explores the strategic use of sexual violence in armed conflict and the unequal application of justice for women victims. Drawing on international humanitarian law—including the Geneva Conventions, Additional Protocols, the Rome Statute, CAT, and the ICCPR—it affirms that sexual violence is strictly prohibited in both international and non-international conflicts. However, case studies from Palestine and Israel reveal that these legal protections are often not fully implemented or equitably enforced. Women are frequently subjected to coercion, humiliation, and intimidation, while systemic legal and social barriers hinder their access to justice. The discussion further highlights the limited availability of post-assault healthcare and the inadequate prosecution of perpetrators. The findings suggest that despite the existence of strong legal frameworks, justice remains selective and insufficiently survivor-centered. It is therefore imperative to ensure consistent enforcement of humanitarian and human rights law and adopt a victim-centered approach to eliminate gender-based disparities in accountability and protection

PERSPEKTIF HUKUM PERJANJIAN INTERNASIONAL ATAS KORBAN PENDUDUK SIPIL PADA KONFLIK BERSENJATA DI REPUBLIK DEMOKRATIK KONGO: PERSPECTIVE OF INTERNATIONAL TREATIES ON VICTIMS OF CIVILIAN POPULATIONS OF ARMED CONFLICT IN DEMOCRATIC REPUBLIK OF THE CONGO Andienda, Syarifah Prasya; Sekariani, Azizah; Fitriliani, Yulia
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 2 (2024): November 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/3y2er932

This study aims to analyze the reparation mechanisms available to victims of international crimes, particularly in the context of a convicted person's inability to fulfill financial obligations, as well as the involvement of states pursuant to Article 31 of the ARSIWA. The case of Germain Katanga in the Democratic Republic of the Congo serves as a concrete example in which the defendant was found guilty of war crimes and crimes against humanity, yet lacked the means to provide direct compensation to the victims. Applying a normative legal approach, this research examines key instruments of international law, including the 1998 Rome Statute, the 1949 Geneva Conventions, the 1977 Additional Protocols, and the 1969 Vienna Convention on the Law of Treaties. The findings demonstrate that the Trust Fund for Victims (TFV), as established under Article 79 of the Rome Statute, functions as a collective mechanism that ensures victims' rights to reparation when the convicted person is unable to pay. Furthermore, Article 31 of the ARSIWA affirms the obligation of states to guarantee the fulfillment of reparation duties, either by contributing to the TFV or by supporting decisions rendered by the International Criminal Court (ICC). This study recommends strengthening international cooperation to ensure that the principle of restorative justice for victims continues to be upheld within the framework of international law.

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