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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 303 Documents
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Gender Persecution of Afghan Women Under Taliban Rule: Assessing the ICC’s Jurisdiction and Responsibility Zarafshan Hussaini
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Taliban's return to power in Afghanistan in 2021 was one of the most severe contemporary attacks on women's and girls' rights. Since then, the Taliban rule has imposed several restrictions on every aspect of women's lives, including access to education, freedom of movement, dress, work, public life, and political participation. Women and girls were excluded from society through such measures and systems. This paper analyzes whether the Taliban’s acts against women and girls count as gender-based persecution under the Rome Statute of the International Criminal Court (ICC). Using a normative analysis of journals, case studies, books, international organization reports, and ICC jurisprudence, the study demonstrates how the Taliban’s actions constitute a systematic and widespread attack against a civilian population. It further evaluates the ICC’s jurisdiction, legal standards, and the feasibility of prosecuting the Taliban authority. The findings indicate that the Taliban’s restrictive policies meet all key elements of gender persecution under Article 7(1)(h) of the ICC, including the severe deprivation of fundamental rights, the discriminatory intent behind the policies, and the targeted nature of the attacks against women and girls. ICC route, including territorial jurisdiction for crimes committed while Afghanistan was a state party to the Rome Statute, personal jurisdiction over nationals of ICC member states, and the possibility of referral through the UN Security Council. The article concludes that recognizing the Taliban’s actions as gendered harassment is not only legally justified but also necessary to ensure accountability and strengthen international human rights support.
The Implementation of Paris Agreement in Indonesia and the Impacts on Human Rights Farhat Habibi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Paris Agreement serves as a global mechanism to address climate change. Indonesia, as one of the signatory countries, has implemented various policies and programs to fulfill its commitments. However, these actions have had significant impacts on human rights, particularly for low-income communities. This research aims to examine the implementation of the Paris Agreement at the national level and to assess the extent to which these actions have affected human rights. Using a normative legal approach and a qualitative method, government policies in combating climate change and their impacts on individuals’ rights have been analyzed. The theoretical framework of the research is based on environmental governance theory and human rights theory. The findings show that although Indonesia’s climate policies—including the establishment of relevant institutions and agencies, the integration of the Paris Agreement into national laws, changes in energy use, forest protection, and similar measures—have been effective in addressing climate change and reducing greenhouse gas emissions, they have, in many cases, resulted in human rights violations, especially concerning economic rights, the right to housing, and the right to health. These violations highlight the challenges in balancing environmental objectives with human rights protection and emphasize the necessity of integrating human rights considerations into climate change policies, along with providing compensatory measures when these rights are adversely affected.
Legal Consequences of Depriving Women of Education in Afghanistan Najiba Farahmand
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The denial of women’s right to education in Afghanistan, especially after the Taliban returned to power in 2021, is considered one of the most serious human rights violations. The right to education is recognized as a fundamental human right in international documents such as the Universal Declaration of Human Rights, the Covenant on Economic, Social and Cultural Rights, and the Convention on the Elimination of All Forms of Discrimination against Women. Despite these commitments, the Taliban have deprived millions of Afghan women and girls of this fundamental right by banning girls’ education beyond the sixth grade and closing universities. This research aims to examine the legal consequences of women’s lack of access to education in Afghanistan. The research method in this article is descriptive-analytical, and the information was collected through library resources, international law documents, and relevant reports of international organizations. The research findings show that, in addition to violating the right to education, women’s deprivation of education leads to violations of human dignity, reduced political and social participation of women, limited job opportunities, and increased social injustice. The research concludes that the international community and international institutions have an important responsibility to support the right to education of Afghan women and must provide access to education for Afghan women and girls through diplomatic pressure, human rights monitoring, and the creation of alternative educational opportunities.

Page 31 of 31 | Total Record : 303

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