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Pertanggungjawaban Hukum atas Penembakan Tenaga Medis Perawat Razan Al Najjar dalam Konflik Perbatasan Gaza: Perspektif Hukum Humaniter Internasional Ghaizka Figo Alfaeza; Desyana Aqirtasari; Nayla Widya Agustin; Dataran Tinggi Golan; Abdullah Dafiq Shalih Azzam; Muhammad Andi Saputro
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8829

Abstract

The shooting of Palestinian medical volunteer Razan Al-Najjar on June 1, 2018 in Khan Younis, Gaza Strip, by Israeli forces constitutes a serious allegation of violation of International Humanitarian Law (IHL). This research explicitly aims to examine (i) the legal status and scope of protection afforded to medical personnel under IHL, and (ii) the forms of legal accountability applicable to the shooting of Razan Al-Najjar through a case-based normative legal analysis grounded in treaty law and authoritative interpretations. Using a normative juridical method with statute, conceptual, and case approaches, this study analyzes the 1949 Geneva Conventions, the 1977 Additional Protocols, the Rome Statute, and relevant UN fact-finding reports. The study finds that the incident reflects a systemic breach of the IHL principles of distinction and special protection of medical personnel, corroborated by recurring patterns of attacks against health workers in Gaza. The novelty of this research lies in identifying the shooting as a legally cognizable form of individual criminal responsibility for war crimes specifically willful killing and intentionally targeting medical personnel as well as exploring the dual-layer accountability involving state responsibility and command responsibility. Furthermore, instead of framing “sanctions” simplistically, this research clarifies that enforcement may occur through mechanisms of international accountability, including referrals to the International Criminal Court, targeted measures under UN mechanisms, and obligations of third states to ensure respect for IHL under Common Article 1 of the Geneva Conventions. This study concludes that the shooting of Razan Al-Najjar meets the legal threshold of an IHL violation with potential war crime implications, and emphasizes the urgent need to strengthen international enforcement pathways to address persistent impunity in attacks on medical personnel
Prinsip Hukum Islam Terhadap Investasi Berbasis Pasar Modal: Upaya Menghindari Spekulasi dan Maisir Dalam Ekonomi Syariah Ghaizka Figo Alfaeza; Evan Yusuf Priyokusumo; M. Aldeon Putra Adi Surya; Edho Setyawan; Alif Budhi Santosa; Bella Nova Silvia; Diana Setiawati
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.8735

Abstract

The Islamic capital market in Indonesia has experienced rapid growth in line with the increasing awareness among Muslims of the importance of investing according to Islamic principles. As part of the national financial system, the Islamic capital market introduces instruments such as Islamic stocks, sukuk, and sharia mutual funds based on the values of justice, transparency, and the prohibition of riba (usury), gharar (uncertainty), and maysir (speculation or gambling). However, challenges remain in ensuring that all investment activities fully comply with sharia principles and are free from speculative elements commonly found in conventional markets. This study aims to examine: (1) how Islamic law regulates investment activities in the Islamic capital market, and (2) the fundamental differences between the Islamic and conventional capital markets in terms of legal principles, instruments, and economic objectives. The research employs a juridical-normative method with a qualitative approach, drawing on legal literature, fatwas issued by the National Sharia Council (DSN-MUI), and relevant capital market regulations in Indonesia. A descriptive analysis is used to assess the implementation of sharia principles in investment practices. The results indicate that the Islamic capital market emphasizes justice, transparency, and social welfare, while the conventional capital market prioritizes financial profit. In conclusion, the Islamic capital market serves not only as a halal investment platform but also as a reflection of an ethical, just, and sustainable Islamic economic system