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All Journal Jurnal Hukum Prioris Reformasi Hukum Trisakti
Yulia Fitriliani
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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ELEMEN-ELEMEN DASAR KEJAHATAN TERHADAP KEMANUSIAAN : Basic Elements of Crimes against Humanity Ayu Nrangwesti; Yulia Fitriliani; Maya Indrasti Notoprayitno
Jurnal Hukum PRIORIS Vol. 11 No. 1 (2023): Jurnal Hukum Prioris Volume 11 Nomor 1 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i1.18772

Abstract

This research was created to analyze the basic elements of crimes against humanity as stated in the 1998 Rome Statute. The study carried out was comprehensive (looking through the context of Indonesian criminal law, human rights law and international law), and comparative (comparing the elements of the crime of genocide). The background to the emergence of the research problem is the uncertainty of the nomenclature of crimes against humanity which includes the word humanity in it. This is because the concept of humanity can give rise to broad interpretations. This research is also motivated by the desire to compare crimes against humanity with the crime of genocide, especially those related to similar or overlapping elements. The problem in this research consists of 2 (two) main problems, namely: First, a comprehensive analytical elaboration of 3 (three) basic elements crimes against humanity; The second analytical elaboration is comparative to the crime of genocide. The aim of this research is ultimately to provide recommendations to the Indonesian government regarding input for reconceiving crimes against humanity in statutory regulations. The benefits of research are both academic (one of the duties of lecturers is conducting research and for teaching materials for international criminal law and human rights law) and practical (for practitioners, such as judges, prosecutors, lawyers, non-governmental organization activists and social/human rights observers man). This research is a type of doctrinal research with a comparative approach. The research data sources used are primary legal materials (primary sources). Apart from primary legal materials, secondary legal materials (secondary sources) are also the main sources in this research. A comparative approach is carried out by comparing the elements contained in crimes against humanity with the crime of genocide. The conclusion of this research is the discovery of 3 (three) main elements of crimes against humanity, namely: Widespread and systematic attacks; Directed attack on civilian people; Imputable to state/organization's policy. The most difficult element to prove is the third element, namely finding a connection between the actions of a person or group of people and their country's policies. The crime of genocide includes concrete and reliable elements that characterize the crime, while crimes against humanity still seem to overlap with the crime of genocide, even with other international crimes. Keywords: Genocide; Imputability; Crimes against Humanity; Widespread and Systematically Attack; Civilian.
PENETAPAN STATUS TERDAKWA OLEH PEMERINTAH KERAJAAN THAILAND PADA PEKERJA MIGRAN INDONESIA KORBAN PERDAGANGAN ORANG BERDASARKAN PROTOKOL PALERMO 2000: Determination of the Defendant’s Status Indonesian Migrant Worker Victim of Trafficking in Thailand Based on the 2000 Palermo Protocol Viswari Anreany Nahan; Yulia Fitriliani
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21382

Abstract

Protecting victims of trafficking in persons (TPPO) is the responsibility of every country that has ratified the 2000 Palermo Protocol. However, Thai police officers in performing their duties have made mistakes in determining the status of the defendant to six Indonesian illegal migrant workers (PMI) who are victims of TPPO. Related to that, the problem of this article is how the granting of defendant status to Indonesian citizens who are illegal migrant workers in Chiang Rai, Thailand, and how Thailand's responsibility for victims of TPPO occurs in its territory based on the 2000 Palermo Protocol. The article is a normative legal research and descriptive in nature, using secondary data, and data collection is done through literature study. The result and conclusion that can be obtained is that the granting of defendant status to six migrant workers is a violation of the 2000 Palermo Protocol because officers did not use the NRM Guidelines and violated Thailand's Anti-Human Trafficking Act B.E 2551. The Royal Thai Government has made efforts and progress in realizing its responsibility to protect victims of TPPO through its national laws.
PENEGAKAN HUKUM TERHADAP PRAKTIK IUU FISHING DI PERAIRAN ZEE INDONESIA MENURUT UNCLOS 1982 (STUDI KASUS RUN ZENG 03 DAN 05): Law Enforcement Against Iuu Fishing Practices In Indonesia's Eez Under Unclos 1982 (Case Study: Run Zeng 03 And 05 Vessels) Thovas Anugrah Iman; Yulia Fitriliani
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.23322

Abstract

Indonesia, as the world’s largest archipelagic state, has a vast Exclusive Economic Zone (EEZ) rich in fishery resources. However, this also makes Indonesia's EEZ vulnerable to Illegal, Unreported, and Unregulated (IUU) Fishing by foreign vessels. This study examines the IUU Fishing practices by Run Zeng 03 and 05, along with Indonesia’s legal enforcement under the United Nations Convention on the Law of the Sea (UNCLOS) 1982. Using a normative juridical method with a descriptive and qualitative approach, this research finds that both vessels committed illegal and unreported fishing by operating without permits and failing to report their catch. These actions violated several provisions of UNCLOS 1982, including Articles 56, 58, 61, 62, 73, 192, and 193. Indonesia has exercised its coastal state rights by conducting arrests, seizures, and prosecution. However, the five-year imprisonment sentence given to Run Zeng 03’s captain by the Tual District Court contradicts Article 73(3) of UNCLOS 1982, which prohibits custodial penalties for fisheries violations in the EEZ. These findings highlight the urgency of harmonizing national law with international obligations to ensure compliance with the law of the sea.
KEDUDUKAN HUKUM INDONESIA TERHADAP WILAYAH LANDAS KONTINEN DI BLOK AMBALAT BERDASARKAN UNCLOS 1982: The Legal Status of Indonesia regarding the Continental Shelf in the Ambalat Block based on UNCLOS 1982 Audrey Putri Patrecia; Yulia Fitriliani
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.22952

Abstract

The Ambalat Block is part of the continental shelf within Indonesia's territorial waters, possessing abundant marine resources, particularly oil and natural gas. The Ambalat Block is located in the Makassar Strait, Sulawesi Sea, directly bordering Malaysia’s maritime territory. The dispute over the Ambalat Block arose when Malaysia unilaterally incorporated the area into its national map by drawing baselines from the islands of Sipadan and Ligitan. This action is contrary to the provisions of UNCLOS 1982, which stipulates that drawing baselines from outermost islands can only be conducted by archipelagic states. Therefore, the research question addressed in this article is: What is Indonesia's legal standing regarding the continental shelf in the Ambalat Block based on UNCLOS 1982? This article employs normative legal research and adopts a descriptive approach, utilizing secondary data collected through library research. The discussion and conclusions derived indicate that Indonesia, as an archipelagic state, has the right to draw baselines in accordance with Article 76 of UNCLOS 1982, which governs the continental shelf. In resolving the dispute, Indonesia applies the double-line theory to determine its maritime boundaries, grounded in the principle of equity as stipulated in Article 83 of UNCLOS 1982.
TINDAKAN EKSPLORASI DAN EKSPLOITASI GAS OLEH ISRAEL BERDASARKAN UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982: Gas Exploration And Exploitation Measures By Israel Under United Nations Convention On The Law Of The Sea 1982 Galih Bima Wasena; Yulia Fitriliani
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19165

Abstract

The dispute over determining maritime boundaries in the East Mediterranean Sea between Lebanon and Israel, which contains natural gas reserves, where Israel carried out gas exploration and exploitation actions in the disputed area, prompted this research to answer the issue of whether Israel's actions constitute a violation of UNCLOS 1982 and how to resolve the dispute according to UNCLOS 1982. This research uses a normative method, where secondary data is processed qualitatively and conclusions are drawn deductively. The research results illustrate that Israel's exploration and exploitation actions in the disputed area of the Eastern Mediterranean Sea have violated UNCLOS 1982, Article 74 paragraph (1), Article 77 paragraphs (1) and (2). Then the resolution of the territorial dispute was carried out by the two countries as a voluntary dispute resolution, which is also stated in UNCLOS 1982 and the UN Charter. Dispute resolution by mediation where the mediator is the United States. Then, Israel and Lebanon agreed on the results of the mediation, this settlement was in accordance with the UN Charter Article 33 paragraph (1).
Co-Authors Audrey Putri Patrecia AYU NRANGWESTI Galih Bima Wasena Maya Indrasti Notoprayitno Thovas Anugrah Iman Viswari Anreany Nahan