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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Lex Lata: Jurnal Ilmah Ilmu Hukum
Mada Apriandi Zuhir
Universitas Sriwijaya
Law, Crime, Criminology & Criminal Justice

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The Urgency of War Crimes Regulation in Indonesian Criminal Law Desia Rakhma Banjarani; Febrian Febrian; Mada Apriandi Zuhir; Neisa Angrum Adisti
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 2 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no2.2859

Abstract

Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
THE IMPLEMENTATION OF THE DEATH PENALTY FOR MEMBERS OF THE INDONESIAN NATIONAL POLICE AS NARCOTICS DEALERS Paulus Bill Regent A; Mada Apriandi Zuhir; Henny Yuningsih
Lex LATA Vol. 8 No. 1 (2026): MARET 2026
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/lexl.v8i1.3305

Abstract

Narcotics crime is a serious crime, this is caused by the impact of narcotics circulation on society. The circulation of narcotics is growing both from the method of crime and the type of narcotics. The Narcotics Law applies the death penalty as one of the penalties for drug dealers. This study discusses how the implementation of the death penalty for drug crimes for police members involved as drug dealers Decision No.56 Pid.Sus/2020PN.Dpk, and decision No.227/Pid.Sus/2020 PN. Dum, and How to Regulate the Death Penalty for Drug Dealers in the Future. The research method used is a type of normative research with a statutory, case, conceptual, and analytical approach. The results of this study show in Decision No. 56 / Pid.Sus / 2020PN.Dpk and Decision No. 227 / Pid.Sus / 2020 PN. Dum has been sentenced to death to members of the National Police who lawfully and convincingly distribute narcotics in accordance with the elements of Article 114 paragraph (2) of the Narcotics Law. The panel of judges gave its consideration based on the applicable legal provisions in line with the judge's legal decision theory, namely ratio decidendi and placed the death penalty for the defendant in the decision as nestapa or retribution in accordance with the purpose of retributive crime. The death penalty arrangement for drug dealers in the future, namely removing the death penalty provisions by revising the Criminal Code and the Narcotics Law. In practice, the execution of the death penalty has unfair trial problems, does not eliminate drug crimes, violates human rights and cannot be corrected or changed if there is an error in the verdict if the convict has been executed. This research shows that the main problem in law enforcement of narcotics trafficking is not the severity of sanctions imposed but law enforcement officials.
Co-Authors Desia Rakhma Banjarani Febrian Febrian Henny Yuningsih Neisa Angrum Adisti Paulus Bill Regent A