Fikri, Wildan Azkal
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Penal Policy: Decriminalization of Election Crimes in Indonesia Muhammad Azil Maskur; Pujiyono; Irma Cahyaningtyas; Fikri, Wildan Azkal; Zadataqi, Faikar Sir
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.8831

Abstract

Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
Power, Resources, and Justice: Evaluating International Courts in Settling Transboundary Natural Resource Conflicts Wijayanti, Aprilia; Fikri, Wildan Azkal; Purnomo, Didik; Kusuma, Bagus Hendradi; Sumardiana, Benny
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40216

Abstract

Transboundary natural resource disputes—ranging from water rights and mineral extraction to fishing zones—pose complex challenges to the international legal system, often threatening regional stability, economic development, and diplomatic relations. This paper evaluates the effectiveness of international courts in resolving such disputes between sovereign states, focusing on how legal principles, judicial authority, and enforcement mechanisms interact to manage conflicts over shared resources. By examining case studies from the International Court of Justice (ICJ), arbitral tribunals, and other relevant judicial bodies, the study assesses both successes and limitations in achieving equitable and sustainable outcomes. The analysis highlights key factors that influence the effectiveness of international adjudication, including the clarity of legal norms, the willingness of states to submit to jurisdiction, the availability of evidence, and the political and economic stakes involved. While international courts have demonstrated the ability to provide neutral platforms, clarify legal obligations, and shape normative expectations, enforcement challenges and state resistance often limit their practical impact. Moreover, complex scientific, environmental, and technical issues can complicate judicial decision-making, particularly in disputes over shared watercourses, fisheries, and transboundary natural resources. Despite these challenges, the paper argues that international courts play a critical role in promoting accountability, preventing escalation, and guiding cooperative resource management. The study concludes that while courts cannot guarantee compliance or resolve all conflicts, their jurisprudence significantly contributes to the development of international law, offers frameworks for negotiation, and encourages peaceful, rules-based resolution of disputes. Strengthening legal frameworks, promoting regional cooperation, and enhancing compliance mechanisms are essential to maximize the impact of judicial intervention in resource conflicts.
Reforma Alutsista dan Sumber Daya Alam: Menjawab Tantangan Hukum Internasional dan Perdamaian Dunia Fikri, Wildan Azkal; Aisy, Rohadhatul
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

This study departs from the paradox of the failure to achieve world peace despite the existence of an established international legal regime. It addresses three main objectives: (1) identifying the key factors that undermine world peace; (2) analyzing the failure factors of international law to realize global peace; and (3) formulating a responsive international legal architecture to future peace agendas. The study employs a critical descriptive method with a socio-legal (non-doctrinal) approach, drawing on the analytical frameworks of neorealism, great powers oligarchy, and Third World Approaches to International Law (TWAIL). The qualitative analysis is conducted by examining power relations, the distribution of natural resources, and the configuration of global military capabilities. The findings reveal that the anarchic structure of the international system constitutes the primary driver of global conflicts as reflected in World War I and II. Furthermore, the dominance of the Permanent Five (P-5) has produced a great powers oligarchy that distorts the principles of international law and obstructs world peace. This study argues that reforming the distribution of military capabilities and access to natural resources is a crucial prerequisite for non-P-5 states to reconstruct international law. Accordingly, a redesign of the architecture of international law is needed to make it more just, inclusive, and balanced global distribution of power orientation as a foundation for sustainable world peace.