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All Journal Veritas et Justitia Uti Possidetis: Journal of International Law
Ashri, Munif
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Education Law, Crime, Criminology & Criminal Justice

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DAMPAK AKSESI ICCPR TERHADAP PENCEGAHAN PRAKTIK PEMBUNUHAN DI LUAR HUKUM DALAM PERSPEKTIF INDONESIA Ashri, Munif
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/y94w9g25

Abstract

Indonesia has made notable progress in institutionalizing human rights norms through the ratification and accession of various international treaties. Despite these advancements, violations of the right to life, particularly in the form of extrajudicial killings, continue to occur. This study investigates the extent to which Indonesia’s accession to the International Covenant on Civil and Political Rights (ICCPR) has influenced the protection of individuals from such violations. Employing a socio-legal approach, the research assesses institutional reforms following the ICCPR accession and analyzes specific cases, including the 2020 extrajudicial killings of Pastor Yeremia Zanambani and members of the Islamic Defenders Front (FPI). Findings reveal that, although legislative and policy reforms have been introduced to strengthen the right to life, their implementation remains inadequate. The persistence of extrajudicial killings is primarily attributed to the incomplete Security Sector Reform (RSK) process and the deeply rooted culture of impunity, which often results in lenient sentences or acquittals for alleged perpetrators. This study emphasizes the urgent need to advance the RSK agenda and address impunity through concerted efforts by key institutions, including the judiciary.
DAMPAK AKSESI ICCPR TERHADAP PENCEGAHAN PRAKTIK PEMBUNUHAN DI LUAR HUKUM DALAM PERSPEKTIF INDONESIA Ashri, Munif
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/y94w9g25

Abstract

Indonesia has made notable progress in institutionalizing human rights norms through the ratification and accession of various international treaties. Despite these advancements, violations of the right to life, particularly in the form of extrajudicial killings, continue to occur. This study investigates the extent to which Indonesia’s accession to the International Covenant on Civil and Political Rights (ICCPR) has influenced the protection of individuals from such violations. Employing a socio-legal approach, the research assesses institutional reforms following the ICCPR accession and analyzes specific cases, including the 2020 extrajudicial killings of Pastor Yeremia Zanambani and members of the Islamic Defenders Front (FPI). Findings reveal that, although legislative and policy reforms have been introduced to strengthen the right to life, their implementation remains inadequate. The persistence of extrajudicial killings is primarily attributed to the incomplete Security Sector Reform (RSK) process and the deeply rooted culture of impunity, which often results in lenient sentences or acquittals for alleged perpetrators. This study emphasizes the urgent need to advance the RSK agenda and address impunity through concerted efforts by key institutions, including the judiciary.
State's General Obligations regarding the Prevention and Punishment of Crimes Against Humanity: A Review of Draft ILC Articles Ashri, Munif
Uti Possidetis: Journal of International Law Vol 4 No 2 (2023): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v4i2.21504

Abstract

Crimes against humanity  is one of the most serious international crimes in which its criminalization has taken place since the Charter of Nürnberg International Military Tribunal was signed in 1945. But until now, no specialized international treaty dedicated to regulating many aspects of crime againts humanity. In 2019, the International Law Commission (ILC) concluded a Draft Articles on Prevention and Punishment of Crimes Against Humanity, expected to be a basis for a specialized convention in the future. This paper discusses the State’s general obligations concerning the prevention and punishment of crime againts humanity according to ILC’s Draft Articles. This paper used the juridical-normative research method by combining the conceptual and statute approach. The result of the discussion found that there are three general forms of State obligations, i.e: (1) Obligation not to engage in acts that constitute crime againts humanity; (2) Obligation to prevent; and (3) Obligation to punish.
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