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All Journal Nagari Law Review Andalas Law Journal
Raihany, Farras Audia
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Law, Crime, Criminology & Criminal Justice

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The Subtle Line that Differentiates between Ethnic Cleansing and Genocide Raihany, Farras Audia; Bernard, Yulian; Hidajaty, Hidajaty
Andalas Law Journal Vol 8 No 2 (2023)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v8i2.57

Abstract

The Bosnian genocide refers to the Srebrenica massacre and other acts of ethnic cleansing during the Bosnian War of 1992–1995. This study was conducted using normative-empirical methods combining juridical and sociological elements that focused on implying the elements in the body of Article 6 of Rome Statute 1998 with the actual events that occurred in the Bosnian Genocide cases. The study aimed to analyze the distinction between ethnic cleansing and genocide based on its execution and planning, particularly in relation to the Rome Statute of 1998, which established the International Criminal Court (ICC). The study found that ethnic cleansing seeks to expel a group from a specific area, while genocide aims to physically destroy entire racial, ethnic, or religious groups. Ethnic cleansing focuses on achieving ethnic homogeneity, while genocide seeks the complete annihilation of a group. After the establishment of the ICC in 2002, ethnic cleansing became explicitly covered under international law, alongside genocide, crimes against humanity, and war crimes.
Peran Hakim dalam Penemuan Hukum Pidana Progresif: Perspektif Sociological Jurisprudence Zurnetti, Aria; Raihany, Farras Audia
Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.3.p.531-543.2025

Abstract

Judges' legal findings play a role in filling legal gaps and realizing justice that is adaptive to social dynamics. Sociological jurisprudence emphasizes that law must consider the values that live in society. This study examines the concept and implementation of this approach in progressive criminal law in Indonesia. Using the juridical-normative method through literature study, it was found that judges can interpret the law to achieve substantive justice. Applying this approach makes decisions more responsive to social reality, as reflected in various progressive decisions that accommodate living law. However, its implementation faces challenges related to the principle of legality and the prohibition on analogy in criminal law. Therefore, a balance is needed between legal certainty and flexibility in legal findings to make the justice system fairer.
Legal Policy of the Establishment of Deputy Attorney General for Military Affairs in the Structure of the Attorney General's Office of the Republic of Indonesia Raihany, Farras Audia; Zurnetti, Aria; Elda, Edita
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.578-591.2024

Abstract

The legal challenges within Indonesia's justice system revolve around the absence of a unified implementation of the one-roof prosecution policy for military crimes. Despite the apparent coordination authority vested in the Attorney General, as highlighted in Article 57 of the Military Justice Law and Article 18 of the Amendments to the Prosecutor's Office Law, practical enforcement reveals a lack of reporting by Auditors to the Attorney General regarding the prosecution of military criminal cases. Furthermore, issues arise in handling connection cases, where the Criminal Procedure Code stipulates joint trials for handling perpetrators from both general and military justice systems. However, in practice, many connectivity cases are tried separately, leading to dualism and disparities of prosecution. In response, a suggested solution was to establish the Deputy Attorney General for Military Affairs (DAGMA) as the new structure within the Attorney General's Office. This paper aims to obtain a comprehensive explanation regarding the legal policy behind establishing DAGMA as the assistant of the Attorney General in handling military affairs and connectivity cases. The method used in this research is juridical-normative, which mainly focuses on examining the law as norms or rules that apply in society and serve as guidelines for individual behavior. The findings proved that establishing DAGMA is the Government's effort to implement legal reform, especially regarding optimizing the performance of the Indonesian Prosecutor's Office as the implementer of state prosecutorial power to realize prosecutorial unity in Indonesia.
Co-Authors Aria Zurnetti, Aria Bernard, Yulian Elda, Edita Hidajaty, Hidajaty