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All Journal Jurnal Indonesia Sosial Sains AT-TAKLIM: Jurnal Pendidikan Multidisiplin
Abdillah, Rachmat
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Kedudukan Menteri Sebagai Kader Partai Politik Dalam Sistem Presidensial Indonesia: Antara Loyalitas Partai dan Tanggung Jawab Konstitusional Octavianingsih, Yetti; Abdillah, Rachmat; Rahayu, Indah
AT-TAKLIM: Jurnal Pendidikan Multidisiplin Vol. 2 No. 6 (2025): At-Taklim: Jurnal Pendidikan Multidisiplin (Edisi Juni)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/at-taklim.v2i6.392

Abstract

Abstract In the fundamental principles of presidentialism, ministers are aides to the president who must possess singular loyalty to the head of government. However, post-reform political practices have shown that ministerial appointments are often driven by the interests of political coalitions, leading to the phenomenon of dual loyalty between constitutional responsibilities and party affiliation. This issue is exacerbated by the oligarchic and transactional nature of Indonesian political parties. Ministerial appointments are frequently perceived as “political rewards” in the post-election power-sharing process, rather than as part of a technocratic strategy to achieve effective governance. Through a normative approach, this study examines legal provisions, constitutional principles, and public office ethics that are relevant, as well as their impact on governmental effectiveness, bureaucratic neutrality, and public policy accountability. The findings of this study highlight the need to strengthen ethical and legal regulations to restrict the holding of dual structural positions within political parties and executive office, in order to reinforce a democratic and accountable presidential system
State Legal Accountability for Alleged Genocide Against Rohingya Ethnic Group: Case Study of Myanmar Under the 1948 Genocide Convention Silitonga, Marudut Parulian; Abdillah, Rachmat
Jurnal Indonesia Sosial Sains Vol. 6 No. 10 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i10.2021

Abstract

This study examines state legal accountability for alleged genocide against the Rohingya ethnic group of Myanmar under the 1948 Genocide Convention within the framework of international law. It adopts a normative juridical approach with qualitative legal analysis to assess the extent to which Myanmar’s authorities meet the legal elements of genocide under the Convention and the scope of state responsibility in preventing and punishing such crimes. Through doctrinal interpretation and comparative jurisprudence from the ICJ, ICTR, and ICTY, the study clarifies normative accountability mechanisms in contemporary genocide cases. The Rohingya crisis demonstrates systematic violations of fundamental human rights, including mass killings, forced displacement, and denial of citizenship, revealing structural persecution and potential genocidal intent. The study emphasizes that state responsibility for genocide is erga omnes, binding upon the entire international community, thus allowing other states to demand accountability even when not directly affected. The case brought by The Gambia against Myanmar before the International Court of Justice highlights the critical role of international judicial mechanisms in enforcing state obligations under the Genocide Convention. However, political barriers, particularly within the UN Security Council, often impede the effective implementation of international norms. The paper concludes that Myanmar’s conduct toward the Rohingya aligns with the elements of genocide as defined by international law and underscores the necessity of strengthening enforcement mechanisms to ensure justice and prevent future atrocities.
Co-Authors Octavianingsih, Yetti Rahayu, Indah Silitonga, Marudut Parulian