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All Journal UIR LAW REVIEW Jurnal Ilmiah Wahana Pendidikan
Muhammad Rusli Arafat
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : UIR LAW REVIEW

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PENGADILAN HIBRIDA SEBAGAI UPAYA PEACEBUILDING PASCA RUNTUHNYA KEKUASAN KHMER MERAH DI KAMBOJA Muhammad Rusli Arafat
UIR Law Review Vol. 7 No. 2 (2023): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2023.vol7(2).15702

Abstract

The enforcement of international criminal law is an effort to fulfill the international community's sense of justice for serious international crimes. Cambodia came into the international spotlight under Pol Pot. At that time Pol Pot proclaimed Cambodia as a new country under the name Democratic Kampuchea. He referred to 1975 as "Year Zero" which means that everything wants to be built from ground zero by this regime. April 17, 1975 was declared Liberation Day from the ugly and corrupt Lon Nol regime. The research method used is the normative juridical research method. The results showed that hybrid courts are ideal courts in law enforcement against perpetrators of international crimes because they apply two very important aspects, namely aspects of national law and aspects of international law, so that the shortcomings of each legal system can be covered by other systems, so as not to lose the authority of national law and do not apply international law too much
EFEKTIVITAS YURISDIKSI MAHKAMAH PIDANA INTRNASIONAL (INTERNATIONAL CRIMINAL COURT) DALAM MENCEGAH IMPUNITAS Muhammad Rusli Arafat
UIR Law Review Vol. 8 No. 1 (2024): Vol. 8 No. 1 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(1).15759

Abstract

The long history of international criminal law enforcement above is one form of the international community's concern for victims of international crimes, because in practice, it is sometimes not easy to rely on national legal mechanisms and institutions to deal with international crime situations, because international crimes can be committed by individuals who politically have power in a country, so that national courts are expected Prosecuting and dealing with international crimes committed may be in a situation of not being able to perform the expected role. By Rome Statute of the International Criminal Court 1998, International Criminal Court It has four types of jurisdictions, namely:1) Personal Jurisdiction (ratione personae); 2) criminal/material jurisdiction (ratione materiae); 3) Territorial Jurisdiction (ratione loci); dan 4) Temporal jurisdiction (ratione temporis). The jurisdiction that the ICC has in prosecuting, prosecuting and prosecuting perpetrators of crimes in preventing impunity is still ineffective because it still has factors or reasons that make perpetrators of crimes can enjoy impunity or be free from prosecution and legal responsibility for their actions
Co-Authors Annisa Nurfadhila Nasarudin