Article Per Year (5 Year)
p-Index From 2021 - 2026
2.147
P-Index
This Author published in this journals
All Journal JURNAL PENDIDIKAN TAMBUSAI Jurnal Analisis Hukum AHKAM : Jurnal Hukum Islam dan Humaniora Indonesian Research Journal on Education Jurnal Ilmiah Kutei Indonesian Journal of Law and Justice Causa: Jurnal Hukum dan Kewarganegaraan
Lestarika, Dwi Putri
Unknown Affiliation
Religion Arts Humanities Chemistry Education Energy Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Physics Social Sciences Other

Published : 13 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 13 Documents
Search

 1   2 
Analisis Yuridis Prinsip Tanggung Jawab Komando dalam Konflik Bosnia Berdasarkan Hukum Pidana Internasional: Studi Yurisprudensi ICTY (International Criminal Tribunal for the Former Yugoslavia) Ayu, Tenti; Lestarika, Dwi Putri
AHKAM Vol 5 No 2 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9672

Abstract

The principle of command responsibility is an important doctrine in international criminal law that allows military commanders to be held accountable for crimes committed by subordinates under their control. This doctrine is grounded in the concept of hierarchical accountability, namely the obligation of superiors to prevent, supervise, and take action against violations of international humanitarian law. This study aims to analyze the normative construction and application of the principle of command responsibility in the Bosnia conflict of 1992–1995 based on the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY), as well as to assess its conformity with the principle of legality and the principle of culpability in international criminal law. This study employed a normative juridical method with statutory, case, and conceptual approaches. The results show that the main elements of command responsibility include the superior-subordinate relationship, effective control, and the knowledge element (knew or should have known), all of which must be proven factually. The ICTY affirmed that responsibility does not arise automatically from formal position, but rather from the actual ability to control and prevent crimes. Although there is debate regarding the limits of the interpretation of effective control and the should have known standard, the application of this doctrine in the Bosnia cases generally remained within the framework of the principles of nullum crimen sine lege and nulla poena sine culpa. These findings indicate that the principle of command responsibility in ICTY jurisprudence is consistent with the fundamental principles of international criminal law and strengthens the legitimacy of this doctrine in enforcing command criminal accountability.
Penegakan Hukum Pidana Internasional terhadap Kejahatan Perang dalam Konflik Rusia dan Ukraina Berdasarkan Statuta Roma 1998 Rahmadani, Amelia Suci; Lestarika, Dwi Putri
AHKAM Vol 5 No 2 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9673

Abstract

The armed conflict between Russia and Ukraine has given rise to various allegations of war crimes that have attracted the attention of the international community, particularly regarding the effectiveness of international criminal law enforcement. Although Russia is not a state party to the 1998 Rome Statute, the International Criminal Court (ICC) still has an important role in prosecuting perpetrators of international crimes. This study aims to analyze the application of ICC jurisdiction to alleged war crimes in the Russia–Ukraine conflict even though Russia is not a state party to the Rome Statute, as well as to identify the juridical and political challenges in the enforcement of international criminal law. This study employed a normative legal research method with statutory, conceptual, and case approaches. The results show that the ICC still has a basis for jurisdiction through the territorial principle based on Ukraine’s ad hoc declaration pursuant to Article 12(3) of the Rome Statute, as well as through the principle of complementarity, which places the ICC as the last resort when a state is unable or unwilling to enforce the law effectively. However, the implementation of such jurisdiction faces various challenges, including jurisdictional limitations over non-state parties, dependence on international cooperation, issues of immunity of state officials, global political dynamics, evidentiary constraints in situations of armed conflict, as well as the not yet optimal universalization of the Rome Statute. These findings indicate that the effectiveness of international criminal law enforcement in the Russia–Ukraine conflict depends not only on the ICC’s normative legitimacy, but also on political support and the commitment of the international community to preventing impunity for war crimes.
Selektivitas Penuntutan Kejahatan Internasional dalam Praktik Peradilan Global: Studi Kasus Penanganan Kejahatan Perang oleh International Criminal Court Anjelia, Anisah Friti; Lestarika, Dwi Putri
AHKAM Vol 5 No 2 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9689

Abstract

The issue of selectivity in the prosecution of international crimes remains a crucial problem in the global criminal justice system. The establishment of the International Criminal Court (ICC) through the Rome Statute aims to enforce accountability and eliminate impunity for perpetrators of serious international crimes, particularly war crimes, but in its implementation the ICC is often considered not to have applied law enforcement evenly. This study aims to examine the characteristics of selectivity in the prosecution of war crimes by the ICC, the factors that influence it, and its impact on the legitimacy of global justice. This study employed a normative legal method with statutory and case analysis approaches. The results of the study show that selectivity in prosecution is influenced by limitations in jurisdictional authority, the application of the principle of complementarity, the ICC’s dependence on state cooperation, and international political dynamics, especially those related to the role of the United Nations Security Council. These conditions are reflected in the tendency for case handling to focus on certain regions and countries, while similar alleged violations involving countries with major political influence are rarely processed to the prosecution stage. These findings indicate that selectivity in prosecution has implications for declining trust in the ICC and has the potential to weaken the effectiveness of international criminal law enforcement. Thus, this study affirms that the legitimacy of global criminal justice depends greatly on consistency, independence, and equality in the enforcement of international law.
Co-Authors Agusalim, Agusalim Alprillila, Tilalral Raltheliltal Anggela, Delia Nur Anjelia, Anisah Friti Ayu, Tenti Darmawan, Muhammad Ari Fitriani, Uul Gunawan, M. Rizky Irsyahma, Ahmat Yasir Kairivo, Ilham Lolita, Agnes Majestica, Aurora Nagara, Sendy Herlina Naim, Anin Putri, Mella Kartika Rahmadani, Amelia Suci Sari, Shela Rianda Sary, Wevy Efticha Sukmawati, Sry Sulistyono, Puji Usmi, Vironika