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All Journal Kosmik Hukum South East Asian Journal of Advanced Law and Governance
Aprisal, Jelita Septiani
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Protection of Persons with Disabilities in Armed Conflict in Gaza through the Application of the Distinction Principle Aprisal, Jelita Septiani; Supriyanto, Agustinus; Alhaj, Samar T.M.
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.22614

Abstract

Protection for people with disabilities during armed conflict in Gaza must prioritize the application of the Distinction Principle in international humanitarian law. The Distinction Principle ensures that military attacks are directed only at legitimate military targets, not at civilians, including those with disabilities. Therefore, it is crucial to examine how protection for people with disabilities in Gaza with the application of this principle can be enhanced, and discuss the prospects of regulations governing this issue in the future. The research method employed is normative legal research, utilizing both statutory approach related to the issue and conceptual approach focusing on the Distinction Principle. People with disabilities in Gaza face significant challenges in accessing healthcare, evacuation, and humanitarian aid. Consistent and stringent implementation of the Distinction Principle is essential to ensure their protection from the adverse effects of war. Concrete steps such as improving military training, monitoring violations, and enforcing these principles are necessary to strengthen their protection. Overall, protection for people with disabilities in Gaza is a global humanitarian responsibility that requires collective commitment to ensure compliance with international law and improve the living conditions of people with disabilities amidst armed conflict. 
The Administrative Court Judges Paradigm on Justice and the Protection of the Awyu Indigenous People's Rights in Environmental Permit Dispute Safitri, Masna Nuros; Syarifudin, Syarifudin; Insyaniyah, Inarotul; Ranjani, Gita; Karina, Gladys Donna; Aprisal, Jelita Septiani
South East Asian Journal of Advanced Law and Governance (SEAJ-ALGov) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.19539

Abstract

The environmental permit dispute between the Awyu Indigenous People and PT Indo Asiana Lestari highlights challenges in protecting indigenous rights and environmental justice in the Administrative Court. The main issue lies in the legal paradigm that prioritizes procedural aspects and material losses, while neglecting local wisdom, community participation, and long-term ecological impacts. This study aims to analyze the judicial paradigm in Administrative Court rulings and its implications for the protection of indigenous rights and environmental sustainability. Using normative legal research and the critical legal studies approach, the findings indicate that administrative court decisions reinforce structural injustice by limiting the definition of harm to material losses, without considering social and ecological damages. As long as the law remains unchanged, judges will continue to adhere to a procedural and formalistic approach. Therefore, legal reform is necessary, particularly a review of Article 53(1) of the Law on Administrative Court, to enable judges to consider social and ecological impacts in their decisions.
Co-Authors Agustinus Supriyanto Alhaj, Samar T.M. Insyaniyah, Inarotul Karina, Gladys Donna Ranjani, Gita Safitri, Masna Nuros Syarifudin Syarifudin