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Faisal Herisetiawan Jafar
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Sangia Nibandera Law Research
Published by Universitas Sembilanbelas November Kolaka
ISSN : 30642000     EISSN : 30641349     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sangia Nibandera Law Research (ISSN 3064-1349 / 3064-2000) is dedicated to advancing critical, contextual, and forward-looking legal scholarship that responds to the evolving dynamics of law in society. The journal focuses on interdisciplinary and comparative legal studies, emphasizing the interaction between law, culture, governance, and social justice. Its scope encompasses, but is not limited to, constitutional law, criminal law, civil law, environmental law, international law, and legal theory. The journal particularly welcomes research that explores indigenous legal perspectives, regional legal developments, and transformative legal reforms, especially within emerging and marginalized contexts. By promoting rigorous analysis and innovative approaches, Sangia Nibandera Law Research aims to serve as a platform for academics, practitioners, and policymakers to engage in meaningful dialogue, contribute to legal development, and shape responsive legal systems for the future.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
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Sentencing Disparity in Violent Theft Cases: A Judicial Analysis of Surabaya District Court Decisions Utami, Retno Sri
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655886

Abstract

This study analyzes the verdict of a case of theft with violence that occurred at PT Warna Andalan, Surabaya, where two defendants, Rizky Zakiri Hayatifanto and Ahmad Setijawan, were found guilty of committing the crime of theft of production machine cables weighing approximately 1000 kg. This study examines the judge's reasoning, the evidence and testimonies presented, and the defendants' defense. The results of the analysis show that the court applied the law strictly in accordance with Article 363 Paragraph (2) of the Criminal Code on theft with aggravation. The judge considered all of the physical evidence and testimony, as well as the confession and remorse of the defendants, in sentencing each defendant to three years imprisonment. This sentence aims to provide a deterrent effect and prevent similar crimes from occurring in the future. This research highlights the importance of fair and firm application of the law in maintaining community security and order.
State Responsibility for Human Rights Violations in the Rohingya Crisis under International Law Istiqomah, Siti Faridatul; Mahardhika, Ethan Surya Fajar
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655757

Abstract

Public international law, commonly known as the law of nations, is a legal framework that emphasizes the relationships between states. It acts as a set of rules applicable in the international context. In this domain, there exist global relations among states, as well as disputes that can disturb the interactions between the involved nations and impact international relations overall. This is particularly evident in the case of human rights violations against the Rohingya ethnic group in Myanmar. The Rohingya, who have lived in Myanmar for many years, are not recognized as citizens by the Myanmar government. The numerous human rights abuses occurring are in clear violation of fundamental principles of international law. The aim of this research is to explain and analyze international human rights regulations concerning the protection of the Rohingya, while also identifying the various obstacles in efforts to provide protection and resolve the human rights violations that have occurred. This study employs a normative legal methodology through legislative, case, and analytical approaches. The results indicate that legal protection for the Rohingya ethnic group, as outlined in international human rights instruments, has not been achieved, mainly due to several challenges in addressing the root causes of human rights violations in Myanmar. A significant barrier is the unwillingness of the Myanmar government to address the abuses faced by the Rohingya. Given the lack of commitment from the Myanmar government to resolve this issue, the UN has condemned the situation and has sought to implement humanitarian intervention to address the serious human rights violations against the Rohingya. Thus, this paper aims to clarify the obligations that the Myanmar government should fulfill in safeguarding human rights and to identify the obstacles that hinder the resolution of human rights violations against the Rohingya.
The Limits of International Justice: International Criminal Court Effectiveness in Genocide Cases Insanidya, Safira Embun; Arifin, Ridwan; Fikri, Wildan Azkal
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655205

Abstract

This article examines the limits of international justice by assessing the effectiveness of the International Criminal Court (ICC) in prosecuting genocide. Despite its establishment as a permanent tribunal to end impunity for the most serious international crimes, the ICC faces persistent structural, political, and legal challenges that constrain its performance. Drawing on legal effectiveness theory, this study analyzes the extent to which the ICC fulfills its mandate in genocide cases by evaluating key factors such as jurisdictional limitations, state cooperation, evidentiary barriers, and prosecutorial strategy. Using a normative juridical method combined with selected case studies, the article demonstrates that the ICC’s effectiveness is uneven and often dependent on external political will rather than purely legal mechanisms. While the Court has contributed to the development of international criminal law and symbolically reinforced accountability norms, its practical impact on deterring and prosecuting genocide remains limited. The reliance on state cooperation, selective enforcement, and geopolitical considerations frequently undermines its authority and reach. The article argues that the ICC’s challenges are not merely institutional but reflect broader tensions within the international legal order. Strengthening the Court’s effectiveness requires not only procedural reforms but also deeper commitment from states and international actors to uphold accountability for genocide. Ultimately, the ICC represents both a significant achievement and a constrained instrument of international justice.
Violent Theft in Criminal Law: Juridical Review of Causes and Sentencing Factors Damayanti, Wina Putri; Huda, Mohd Azzam Nurul
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655504

Abstract

This study provides a juridical review of the crime of violent theft by examining both criminogenic factors and judicial considerations in the imposition of criminal sanctions. Violent theft represents a serious criminal offense that not only causes material losses but also threatens the physical and psychological safety of victims. This research employs a normative juridical method supported by a conceptual and case approach to analyze relevant legal provisions, doctrines, and judicial decisions. The findings indicate that criminogenic factors contributing to violent theft include economic pressure, social environment, low levels of education, and weak law enforcement deterrence. In addition, situational factors such as opportunity and group influence also play a significant role in the commission of the crime. From a juridical perspective, judges consider both juridical and non-juridical aspects in sentencing, including the severity of the act, the defendant’s intent, prior criminal record, the impact on victims, and mitigating or aggravating circumstances. Judicial discretion is essential in ensuring that the punishment reflects principles of justice, legal certainty, and proportionality. However, disparities in sentencing are still evident, suggesting the need for clearer sentencing guidelines. This study concludes that a comprehensive approach integrating criminological insights and consistent judicial reasoning is necessary to enhance the effectiveness of law enforcement and ensure fair adjudication in cases of violent theft.
United States Veto Power and Its Legal Implications for Palestinian Statehood Hikmah, Shofiah Nur; Wicaksono, Sonny Saptoajie; Alejandro, Sergi Fernandez
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19653580

Abstract

This study examines the use of the veto power by the United States within the United Nations Security Council and its impact on resolutions concerning the Israeli–Palestinian conflict. Since 1972, the United States has exercised its veto 86 times, including 49 instances in which resolutions critical of Israel or calling for ceasefires were blocked. Employing a normative legal research methodology, this paper analyzes both the regulatory framework governing veto use and its practical application in this context. The findings indicate that the United States’ use of the veto reflects its strategic political interests and has significant implications for the dynamics of the conflict. In particular, the repeated exercise of this power has contributed to diplomatic stagnation, heightened regional tensions, and diminished the effectiveness of the United Nations Security Council in addressing conflicts in the Middle East. Furthermore, the study highlights the long-term consequences of United States foreign policy for Palestinian self-determination and underscores the structural challenges faced by the international community in pursuing an equitable and sustainable resolution. This research contributes to ongoing debates on the role of great power influence within multilateral institutions and emphasizes the need for institutional reforms to promote greater fairness, accountability, and effectiveness in global governance.

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