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All Journal Mahkamah: Jurnal Riset Ilmu Hukum Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Putri Rizka Nurwijedah Kadir
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Hukum Internasional dalam Menangani Kasus Piracy Jure Gentium Berdasarkan Yurisdiksi Universal Putri Rizka Nurwijedah Kadir; Darwis Darwis; Imam Fadhil Nugraha
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 6 (2024): Desember: KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v1i6.462

Abstract

This study discusses the application of universal jurisdiction in addressing piracy jure gentium based on international law. Universal jurisdiction allows a country to prosecute perpetrators of serious crimes, such as piracy, regardless of the crime's location or the nationality of the perpetrator and victim. Rooted in customary international law, which recognizes piracy as a threat to the collective interests of all nations, every country has the right and obligation to act against pirates. This research employs a normative legal approach, focusing on analyzing relevant international legal regulations. The findings indicate that the international legal framework, particularly the United Nations Convention on the Law of the Sea (UNCLOS), provides guidance for enforcing laws against piracy. However, while the principle of universal jurisdiction offers a solution, challenges such as a lack of international consensus on the definition of piracy, resource limitations in developing countries, and the need for stronger international cooperation hinder its implementation. This study emphasizes the importance of inter-state cooperation, including support from developed countries to developing nations, to enhance law enforcement capacity. Moreover, the application of universal jurisdiction contributes to international justice, where consistent law enforcement reflects the international community's commitment to protecting maritime safety and global trade. Thus, this research aims to provide a comprehensive understanding of the application of universal jurisdiction in the context of piracy in international waters and its implications for the overall international legal system.
Krisis Femisida di Meksiko sebagai Kegagalan Negara dalam Perlindungan Gender Putri Rizka Nurwijedah Kadir
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.961

Abstract

Gender-based violence has become a growing global problem, but in Mexico, the phenomenon of femicide has reached a concerning crisis level. Femicide, or the killing of women because of their gender identity, reflects the most extreme form of inequality and injustice experienced by women in society. This study seeks to examine the femicide crisis in Mexico as a manifestation of the state's failure to fulfill its obligation to protect women's rights. Through a qualitative descriptive approach, this study analyzes how weak legal institutions, high rates of impunity, and a deeply rooted patriarchal culture exacerbate the situation of violence against women. In addition, this study also examines the extent to which Mexico has implemented international standards, especially the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and how the state has failed to implement them effectively. Using the concept of state failure, this study concludes that the femicide crisis in Mexico is not only a social problem, but also reflects the state's structural inability to provide equal legal protection and justice for women. Therefore, there needs to be a comprehensive reform of the legal system and gender-responsive public policies based on human rights principles. Therefore, increasing institutional capacity and strengthening public accountability mechanisms are important steps so that the state is no longer negligent in handling femicide and is truly present for victims in a real and comprehensive manner.
Co-Authors Darwis Darwis Imam Fadhil Nugraha