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Crimes of Genocide in the Viewpoint of International Criminal Law Dewa Gede Sudika Mangku; Ni Putu Ray Yuliartini; Ayu Nadya Gayatri; Seguito Monteiro
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 7 No. 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.38374

Abstract

Genocide is one of the crimes that are included in gross violations of human hights where this crime is related to ethnic cleansing which is also included in crimes against various political groups because it is difficult to identify which causes an international problem in a country. The crime of genocide in international criminal law is an extraordinary crime and is a prohibited act which was later included in the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statutes of the International Criminal Tribunals for the Rwanda (ICTR) and the 1998 Rome statute. This study is intended to analyze the crime of genocide in the perspective of international law. This study found that the analysis and discourse of genocide in intersected with human rights theory and state responsibility. Genocide also highlighted as international crimes that are included in 4 (four) international crimes, namely genocide, crimes against humanity, war crimes, and crimes of aggression. In the Indonesian National Law Regulation, the Law of the Republic of Indonesia Number 26 of 2000 concerning the Human Rights Court in Article 7 states, the Crime of Genocide is a grave violation of human rights.
Toward Ecological Equity in the Developing Asean Carbon Market: A Comparative Legal Analysis of Regulatory Reform Alya Maya Khonsa Rahayu; Adi Sulistiyono; Sapto Hermawan; Seguito Monteiro
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.48405

Abstract

The urgency of climate mitigation in Southeast Asia, particularly in Indonesia, Vietnam, Thailand, and Malaysia, drives the need for carbon market frameworks that balance economic goals with ecological equity. Despite rapid development, a significant research gap persists in integrating ecological justice principles, especially indigenous rights and equitable benefit-sharing. This study examines ASEAN carbon market regulations and proposes legal reforms for more inclusive governance. The main objective of this study is to analyze the extent to which ASEAN carbon market regulations accommodate ecological justice principles through a normative juridical approach and to propose targeted legal reforms. The findings reveal that ASEAN carbon market regulations have established a legal basis for emissions trading but remain fragmented in protecting indigenous rights, ensuring equitable benefit-sharing, and integrating ecological justice principles. This study contributes by developing a comparative normative framework that links ecological justice with regional carbon market governance. Normatively, this study proposes targeted legal reforms to strengthen ecological equity: mandatory FPIC for indigenous rights, enforceable benefit-sharing mechanisms, standardized social-ecological justice benchmarks in ASEAN’s carbon framework, and enhanced transparency through public registries. These reforms provide a legal foundation for harmonizing ASEAN carbon market governance while advancing equitable and sustainable climate mitigation.