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WAR CRIMES FROM THE PERSPECTIVE OF ISLAMIC LAW AND INTERNATIONAL LAW Simatupang, Rajarif Syah Akbar; Ritonga, Arifin Said; Sihombing, Daulat; Lubis, Pangiutan Tondi; Mansar, Adi
Proceeding International Seminar of Islamic Studies INSIS 6 (February 2024)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

War is the highest form of conflict between humans that involves the use of weapons. War is a human tragedy that causes death and priceless losses. War always gives rise to various economic, political and social consequences that degrade human values. As a form of awareness of the consequences and consequences of war, it was agreed to establish International Humanitarian Law. In line with the Preamble to the 1945 Constitution of the Republic of Indonesia, Indonesia is one of the countries that has ratified the international convention on International Humanitarian Law. Conceptually, Islamic law, national law and international law regulate the conditions of war. However, in practice, the terms of the war were not implemented consistently and consistently until the war turned into a war crime. The aim of this research is, firstly, to examine and analyze Islamic law, national law and international law regarding war crimes, secondly to examine and analyze forms of efforts to enforce national law and international law regarding war crimes. The research method uses a type of normative research which places law as a system of norms, the subject of the study is conceptualized in the norms that apply in society, this type of research is taken through literature, which means legal research by examining library materials or documents.
Legal Protection For Children As Victims Used As Narcotics Couriers Lubis, Pangiutan Tondi
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

Law Number 35 of 2009 concerning Narcotics, explains in general about criminal sanctions for drug intermediaries (couriers) but does not specifically regulate criminal sanctions for children who become drug couriers. However, basically, perpetrators of drug trafficking involving children as drug couriers are still subject to the articles as regulated in the Narcotics Law but without ignoring the special provisions regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion can only be implemented for crimes with a prison sentence of less than 7 (seven) years. Legal treatment for minors in drug trafficking cases should receive serious attention. Law enforcers and those processing and deciding must be sure that the decisions taken will be a strong basis for returning and managing children towards a good future to develop themselves as citizens who are responsible for the life of the nation