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Atika Zahra Nirmala
Universitas Mataram, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization of the rome statute in the establishment of a human rights court in Indonesia Nunung Rahmania; Atika Zahra Nirmala
Journal of Law Science Vol. 5 No. 4 (2023): October : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v5i4.4194

Abstract

The establishment of a Human Rights Court is necessary as there are gross violations of human rights in a country including Indonesia. Indonesia has harmonized the Rome Statute which is considered as the spearhead of the establishment of the Human Rights Court in Indonesia so that law enforcement against gross violations of human rights can be implemented. Therefore, this study aims to analyze and find out about the form of legal harmonization in the Human Rights Court in Indonesia and how the implementation and enforcement of law in the Human Rights Court in Indonesia. The type of research used is normative using a statutory approach and a case approach which is then analyzed descriptively and qualitatively. The results showed that the Harmonization of the Rome Statute in the establishment of the Human Rights Court in Indonesia was carried out partially or there were differences or deviations from the Rome Statute, namely in the Human Rights Court in Indonesia only regulates crimes against humanity, genocide, and the Ad Hoc Human Rights Court established under the Human Rights Court Law. The form of implementation and enforcement in cases of gross violations of human rights in the Human Rights Court in Indonesia has not been running properly because there are still several cases of gross violations of human rights that have not been handled until now.
Fulfillment of customary obligations as an alternative punishment (Study in Wet Sesait Indigenous Community) Atika Zahra Nirmala; Aryadi Almau Dudy; Suheflihusnaini Ashady; Ayu Riska Amalia
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i2.4939

Abstract

Indonesia recognizes several legal systems that apply in society, one of which is customary law. The purpose of this research is to find out the mechanism for fulfilling customary obligations as an alternative to punishment in the Wet Sesait indigenous community and to find out the position of fulfilling these customary obligations. This research is empirical legal research. The results showed that the fulfillment of customary obligations is carried out if there are Wet Sesait indigenous people who violate the rules that exist in the community where the settlement mechanism is through tau loka empat, while the position of fulfilling customary obligations as an alternative to punishment is more important than state law, where for all Wet Sesait people who commit violations even though these violations are also regulated in state law, namely criminal law, but the Wet Sesait community chooses to resolve through custom and sanctions will be carried out by tau lokak empat. So here is reflected the form of punishment in the Wet Sesait customary law community in the form of fulfilling customary obligations as an alternative to punishment carried out by the state.
Co-Authors Aryadi Almau Dudy Ayu Riska Amalia Nunung Rahmania Suheflihusnaini Ashady