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All Journal Jurnal Hukum dan Sosial Politik Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Fikri Dwi Fadillah
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kejahatan Genosida Dalam Perspektik Hukum Pidana Internasional Fikri Dwi Fadillah; Muhammad Zirly Annadziif
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2801

Abstract

International criminal law deals with extraordinary crimes, including the crime of genocide, which has been prohibited and regulated by various international treaties such as the 1948 Genocide Convention, the statute of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statute of the International Criminal Tribunals for Rwanda (ICTR), and the 1998 Rome Statute. This research aims to understand the crime of genocide in the context of International Law and its related dispute resolution methods. This research uses a doctrinal or normative juridical research approach. The results show that genocide crimes often arise as a result of the struggle for tribal rights which is a minority group. In addition, the existence of religious and racial fanaticism can also play a role in encouraging cultural discrimination that leads to the crime of genocide. In response to these crimes, International Law has developed regulations and dispute resolution mechanisms. This research provides an in-depth understanding of the root causes of the crime of genocide and highlights the role of International Law in addressing such acts. Dispute resolution methods, whether through peaceful or coercive means, become relevant in responding to the crime of genocide and upholding international justice. As such, this research contributes to further understanding of the complexity and urgency of addressing the crime of genocide within the framework of International Law.
Analisis Yuridis Penetapan Alasan Pembelaan Terpaksa Berdasarkan Surat Tap-209/M.6.10/Eoh.1/12/2023: Di Kejaksaan Negeri Serang Fikri Dwi Fadillah; Iron Fajrul Aslami; Safiulloh Safiulloh
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 4 (2024): Oktober : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i4.786

Abstract

In the case of a man who killed a goat thief in Serang, Banten, namely the case of Muhyani (58), the prosecutor issued a Letter of Decision to Terminate Prosecution with the Number Tap-209/M.6.10/Eoh.1/12/2023, in which there was an identification of the problem of society still not understanding the Criminal Code regulations regarding the Reasons for Forgiveness in the elimination of criminal acts, so this research aims to 1. Understand the legal perspective on forced defense according to Article 49 paragraph 1 of the Criminal Code, 2. Know the resolution in a case of forced defense (Noodweer) then in the research, namely 1) How is the study of the form of reasons for forgiveness in criminal law in Indonesia?, 2) What are the considerations in determining the existence of reasons for forgiveness in the case of letter Tap-209/M.6.10/Eoh.1/12/2023 in the prosecutor's office and police investigation. In this thesis, the normative legal research method is used through the approach of legislation, cases, and conceptual approaches. then connected with related laws, then analyzed using legal theory, and conducting interviews. Article 49 paragraph (1) of the Criminal Code stipulates that, "No person shall be punished if he carries out an act of forced self-defense for himself or another person, his moral honor or his or another person's property, because there is an attack or threat of an attack which is very close at that time, which is prohibited by law." From the results of the study, the following conclusions were drawn: 1). Reasons for forgiveness fall within the scope of criminal abolition, and in general, criminal abolition is divided into two, namely reasons for forgiveness and reasons for justification. 2). In the case of Muhyani, a goat farmer who killed a thief, the Serang District Attorney's Office determined that the case was declared as a forced defense of his other assets as referred to in Article 49 paragraph 1 of the Criminal Code.
Co-Authors Iron Fajrul Aslami Muhammad Zirly Annadziif Safiulloh, Safiulloh