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All Journal JURNAL HUKUM Lex Publica
Jahan, Ramisa
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Ramifications of the ICC Arrest Warrant in Resolving the Israel-Palestine Conflict Jahan, Ramisa
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.265

Abstract

The situation in Palestine was referred to the International Criminal Court (ICC) in 2015. This study highlights the various hurdles that remain ahead of the Court and argues that the key essence of international law is to ensure the harmonious coexistence of nations, while at the same time respecting states' sovereignty. The study employed a qualitative research and normative legal approach, relying on primary and secondary sources of international law. The study reveals that following the establishment of the Court's jurisdiction and upon conducting a thorough investigation, the Court affirmed the commission of war crimes by Israel, which fall within the ambit of the Rome Statute, thus allowing the Court to prosecute the war criminals. Consequently, in 2024, the Office of the Prosecutor (OTP) issued arrest warrants against Israeli and Hamas leaders. Despite the ICC having the mandate to try individuals for the alleged commission of international crimes, the enforcement of such arrests has often been a matter of speculation, since the ICC is encircled with numerous stumbling blocks in effectuating the arrests. The Court uses arrest warrants to pressure states to prosecute perpetrators domestically and avoid armed conflicts, as shown by urgent mediation and ceasefire proposals after the OTP announcement.
Land Acquisition for Public Interest: Balancing State Control and Individual Property Rights Tehupeiory, Aarce; Suwarno, Suwarno; Jahan, Ramisa; Islam, Mohit
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.174-191

Abstract

Land acquisition is essential for public development, but it often causes disputes over land rights and compensation when governments acquire land for economic and infrastructural projects. This research aims to address the challenges in land acquisition, particularly focusing on the shift from land “management” to land “ownership” in for public interest. The study seeks to highlight issues related to coercion, inadequate compensation, and the lack of proper consideration for individual landowners during the acquisition process. This study employs doctrinal research, using a combination of the statutory approach to analyze the balance between the State's control and individual property rights in land acquisition. The study finds that while land acquisition is legally grounded in principles of land control and protection for landholders, its implementation often fails to respect the rights of individual landowners. Issues of coercion and inadequate compensation persist, and the shift from land management to ownership in development activities exacerbates these problems. Simplifying the land acquisition bureaucracy while maintaining respect for land rights, fairness, and caution is essential for a more just and efficient process, aligning with principles of justice and proper compensation.
Co-Authors Islam, Mohit Suwarno Suwarno Tehupeiory, Aarce