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Tinjauan Yuridis terhadap Kejahatan Perdagangan Organ Tubuh Manusia: Perspektif Hukum Pidana Nasional dan Hukum Pidana Internasional Suhandi Suhandi; Andri Sutrisno
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.63

Abstract

This research aims to examine how national and international criminal laws regulate the crime of human organ trafficking, as well as assess the effectiveness of the application of these laws in the context of crime prevention and eradication. This research uses a normative juridical approach, with library research as a technique for collecting legal materials and analyzed descriptively-qualitatively, namely by describing and interpreting the contents of legal materials that have been collected and then arranged systematically. From this research the author produces the following conclusions: First, that the legal regulation on human organ trafficking in Indonesia is still partial, scattered in various laws and has not focused on the specific aspects of this crime. National criminal law needs to respond to this crime comprehensively. The international level has provided important instruments such as the Palermo Protocol and the Council of Europe Convention, but their implementation at the national level is still limited. Harmonization between national and international law needs to be improved. Secondly, the effectiveness of law implementation in preventing and eradicating the crime of human organ trafficking is still low, characterized by weak law enforcement, lack of protection for victims, and obstacles to cross-border cooperation.
Dampak Ekonomi Penerapan Hukum Humaniter Internasional: Studi Kasus Konflik Palestina Dasril H; Andri Sutrisno
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.46

Abstract

This study aims to determine how the principles and provisions of international humanitarian law are applied in the context of the Palestinian conflict and to determine how the application or violation of international humanitarian law affects the Palestinian economy, particularly in the trade, infrastructure, and employment sectors. This study uses a normative legal research method, which is based on library research by analyzing primary, secondary, and tertiary legal materials. From this study, the author can draw the following conclusions: first, that the principles and provisions of IHL in the Palestinian conflict are still widely ignored in practice. Violations of the principles of distinction, proportionality, and prohibition of collective punishment often occur, even though they are clearly regulated in the Geneva Conventions and Additional Protocols. Second, that the impact of the application and violation of IHL is very significant on the Palestinian economy. Trade blockades, destruction of infrastructure, and rising unemployment demonstrate the close link between humanitarian law and economic aspects. In other words, violations of IHL are not only a legal issue, but also a major factor perpetuating the economic crisis in Palestine.
Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children Ayu Lailatul Hajar; Galih Puji Mulyono; Teguh Suratman; Andri Sutrisno
Jurnal Cakrawala Hukum Vol. 15 No. 1 (2024): April 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i1.14277

Abstract

This study examines various prevention efforts and efforts to overcome narcotics type metamfetamine in children by implementing diversion. The problems studied are related to the realm of the police in providing diversion to children who commit the crime. What challenges are faced by the police in providing diversion as an effort to overcome narcotics among children. This study uses an empirical research type with a juridical-sociological approach to see the role of the police in providing diversion to children who commit narcotics crimes. The types of data used are primary data and secondary data. Data collection techniques use interviews and document studies with selected quality data that is relevant to the problems raised. Data analysis used qualitative descriptive analysis. Based on the results of the analysis, the police’s considerations in providing diversion to children because they see external and internal factors from the child. The role of the police is very important to help handle children in conflict with the law, the police in carrying out their duties are partly successful and partly not in resolving the problem of narcotics crimes in children by implementing the principle of diversion.How to cite item: Hajar, A., Mulyono, G., Suratman, T., & Sutrisno, A. “F Implementation of Diversion in Methamphetamine-Type Drug Crimes by Children.” Jurnal Cakrawala Hukum 15 no. 1 (2024): 37-48. DOI: 10.26905/idjch.v15i1.14277.
PERAN BADAN PENGAWAS PEMILIHAN UMUM REPUBLIK INDONESIA SEBAGAI PRESIDEN GLOBAL NETWORK ON ELECTORAL JUSTICE (GNEJ) DALAM UPAYA DIPLOMASI PERADILAN PEMILU PERIODE TAHUN 2022-2023 Andri Sutrisno
Verity: Jurnal Ilmiah Hubungan Internasional (International Relations Journal) Vol. 17 No. 1 (2025): January - June
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/verity.v17i33.9540

Abstract

The dynamic state of democracy and the challenges of election administration place the General Election Supervisory Agency (Bawaslu) as a key institution in safeguarding democratic integrity in Indonesia. This study employs a qualitative-descriptive approach using literature review and document analysis to examine Bawaslu's role in the context of international engagement, particularly through its involvement in the Global Network on Electoral Justice (GNEJ). The findings reveal that Bawaslu’s active participation in GNEJ especially its election as President of GNEJ for the 2022–2023 period, following its previous role as Regional Vice President for Asia has significantly strengthened Indonesia’s institutional diplomacy on a global scale. This leadership position has enabled Bawaslu to promote Indonesia’s electoral justice system and foster cross-national collaboration toward fair and inclusive electoral justice. The successful organization of the 5th Plenary Assembly of GNEJ stands as a strategic milestone reflecting Bawaslu’s commitment to regional and global democratic advancement. The study concludes that Bawaslu’s presidency in GNEJ not only enhances the institution’s international image but also creates avenues for inter-state cooperation in building more effective and just electoral oversight systems. Collaboration and the spirit of mutual support serve as essential foundations in addressing the complexities of electoral issues and in strengthening human resource capacities. Bawaslu RI demonstrates that a state institution can play a constructive diplomatic role in advancing shared democratic objectives at the global level.   Kondisi demokrasi yang dinamis dan tantangan dalam penyelenggaraan pemilu menempatkan Badan Pengawas Pemilu (Bawaslu) sebagai lembaga yang strategis dalam menjaga integritas demokrasi di Indonesia. Studi ini menggunakan pendekatan kualitatif-deskriptif dengan metode studi kepustakaan dan dokumentasi untuk menganalisis peran Bawaslu dalam konteks hubungan internasional, khususnya dalam jaringan Global Network on Electoral Justice (GNEJ). Temuan utama menunjukkan bahwa keikutsertaan aktif Bawaslu dalam GNEJ, terutama saat dipercaya menjadi Presiden GNEJ periode 2022–2023 setelah sebelumnya menjabat sebagai Wakil Presiden Regional Asia, memperkuat posisi diplomasi kelembagaan Indonesia di ranah global. Momentum tersebut dimanfaatkan Bawaslu untuk mempromosikan sistem peradilan pemilu Indonesia dan mendorong kolaborasi lintas negara dalam memperjuangkan keadilan pemilu yang inklusif dan adil. Penyelenggaraan 5th Plenary Assembly GNEJ menjadi salah satu capaian strategis yang menunjukkan komitmen Bawaslu terhadap penguatan demokrasi regional dan global. Simpulan dari studi ini menegaskan bahwa posisi Bawaslu sebagai Presiden GNEJ tidak hanya meningkatkan citra kelembagaan di tingkat internasional, tetapi juga membuka ruang diplomasi antarnegara dalam membangun sistem pengawasan dan peradilan pemilu yang lebih efektif. Kolaborasi dan semangat gotong royong menjadi fondasi utama dalam menghadapi kompleksitas kepemiluan dan tantangan peningkatan kapasitas SDM. Bawaslu RI menunjukkan bahwa lembaga negara dapat berperan aktif sebagai instrumen diplomasi demokrasi yang konstruktif di tingkat global.    
Recognition of Customary Law in the National Criminal System: a Holistic Approach Rahmat Hi Abdullah; Abdul Mutalib; Andri Sutrisno
Jurnal Cakrawala Hukum Vol. 15 No. 3 (2024): December 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i3.14721

Abstract

This paper is prepared to focus on the problem of an integral approach to the recognition of customary law in the national punishment system. The analysis results in a policy approach that states that the purpose of punishment is no longer retaliation against the perpetrator but is more oriented towards the goal of preventing people from committing crimes again. In addition, it is also seen that punishment is carried out with the aim of resolving conflicts that arise, restoring social balance, and creating a sense of peace. This conscious and deliberate policy is based on the basic idea of balance, including a mono-dualistic balance between the interests of society and the interests of individuals. The formulated idea of balance is a form of recognition of customary law. The value approach is carried out by formulating the objectives of customary law punishment crystallized in Pancasila, including restoring balance in society, both spiritual balance and balance of social relations. This is very relevant to the balance between religious values, human values, and societal values in the five precepts of Pancasila.
Analisis Hukum Internasional Terhadap Keterlibatan Sindikat Internasional serta Lemahnya Pengawasan Perbatasan : Studi Kasus Tindak Pidana Perdagangan Orang di Batam Tahun 2022 - 2023 Imam Chandra Pamungkas; Andri Sutrisno
HUMANIORUM Vol 3 No 3 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

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Abstract

Batam is one of Indonesia's strategic border areas that is highly vulnerable to human trafficking. Its geographical position, which is close to Singapore and Malaysia, along with high labor mobility, makes Batam a primary transit point for international syndicates engaged in human trafficking. This study analyzes the involvement of international syndicates in human trafficking cases in Batam during 2022–2023 and examines the weaknesses of border surveillance from the perspective of international law. The research employs a normative juridical approach, analyzing international legal frameworks, national regulations, and case studies of human trafficking in Batam. The findings reveal that weak border surveillance in Batam facilitates international syndicates in recruiting, smuggling, and exploiting victims, particularly women and children. Although Indonesia has ratified various international legal instruments such as the Palermo Protocol and the United Nations Convention Against Transnational Organized Crime, the enforcement and coordination among law enforcement agencies remain suboptimal. This study recommends strengthening border surveillance through technological advancements, enhancing international cooperation, and harmonizing national regulations with international legal standards to reduce human trafficking cases in Batam.
Pertanggungjawaban Hukum Pengelolaan Fasilitas Parkir dalam Perspektif Hukum Perlindungan Konsumen (Studi Kasus Kehilangan Barang di Penyediaan Layanan Penitipan Kendaraan DKI Jakarta) Krispianus Randut; Andri Sutrisno
HUMANIORUM Vol 3 No 2 (2025): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Parking is one of the vehicle storage services used in various places. As one of the vehicle storage services, of course managing parking is one of the business fields. Thus, a legal relationship arises between the parking manager and the vehicle depositor (consumer). The legal relationship between the parking manager and the consumer is based on the goods storage agreement, standard clauses, and the rights and obligations of the parties. To facilitate the implementation of the business, business actors, especially parking managers, use standard clauses. Standard clauses are clauses that are made to facilitate the running of the business without having to make long agreements with many consumers. So that standard clauses are also called unilateral agreements made by business actors only. However, the existence of standard clauses actually harms consumers with regulations that shift the responsibility of business actors to consumers. This can be detrimental to consumers because the form of responsibility of the parking manager as a business actor has been charged to the consumer. Meanwhile, according to the provisions of Article 18 Paragraph (1) of Law No. 8 of 1999 concerning Consumer Protection, it is emphasized that business actors are prohibited from making standard clauses that shift their responsibilities. Therefore, the parking service provider who shifts its responsibility to the consumer is an act that is certainly prohibited by legal norms because it is detrimental to one of the parties. So that consumers can firmly file a lawsuit for the loss or damage of their belongings in the parking lot through civil or criminal lawsuits. For this reason, this study aims to determine the responsibility of parking service providers who also use standard clauses as in the Consumer Protection Law using normative legal research methods.
UNHCR AND ROHINGYA REFUGEES IN ACEH: HUMANITARIAN INTERVENTIONS AMIDST COORDINATION AND SUSTAINABILITY CHALLENGES Andri Sutrisno; Muhammad Wendra; Muhammad Annas
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.49-83

Abstract

Since 2017, military operations in Myanmar, justified as responses to attacks by Rohingya insurgent groups, have resulted in large-scale ethnic cleansing, forcing over 700,000 Rohingya to flee to neighboring countries, including Indonesia. Aceh, in particular, has become a significant destination due to its historical role as a refuge for displaced populations. The influx of refugees presents substantial challenges for local authorities and humanitarian organizations in meeting essential needs such as food, healthcare, and education. The United Nations High Commissioner for Refugees (UNHCR) has played a central role in responding to this humanitarian crisis by providing assistance and protection to Rohingya refugees in Aceh. Working closely with the Government of Indonesia and local non-governmental organizations (NGOs), UNHCR strives to uphold refugees’ fundamental rights and to mobilize international support effectively. Its interventions include the provision of basic necessities, access to healthcare services, educational programs, and efforts to facilitate integration into the local community where feasible. Despite these comprehensive efforts, significant challenges persist. Coordination among various actors—including government agencies, NGOs, and international donors—is often complex, resulting in gaps or overlaps in service delivery. Additionally, the sustainability of support remains a critical concern, as protracted displacement requires long-term planning, continuous funding, and consistent monitoring. This study focuses on two main issues: the role of UNHCR in delivering assistance and protection to Rohingya refugees in Aceh, and the challenges the agency faces in fulfilling its protection mandate. Employing doctrinal legal research, the study emphasizes international legal frameworks governing refugee protection and state responsibility. The findings indicate that while UNHCR has made substantial efforts to address immediate humanitarian needs, persistent challenges in coordination and sustainability must be addressed. Strengthening these areas is essential to ensure that the protection, welfare, and rights of Rohingya refugees are maintained effectively and sustainably over the long term.