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Journal of Law and Nation
Published by Inteligensia Media
ISSN : -     EISSN : 29629675     DOI : Zenodo
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Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
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Articles 254 Documents
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IMPLEMENTASI SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH SEORANG IBU YANG MASIH MEMILIKI ANAK BERUSIA DINI M. Ridho Ramadani; Nurmita Noviyanti Cane; Rendhy Arief Rahman
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

persecution as stated in the Criminal Code, regulated in Article 351 of the Criminal Code, namely Persecution is punishable by a maximum imprisonment of 2 years and 8 months or a maximum fine of four thousand five hundred rupiah. Humans have different personalities from one another, both in character, differences in goals and outlooks on life, and others. These differences can sometimes trigger the interaction process and can trigger conflicts either based on different interests (conflict of interest) which then causes reactions either subtly in the form of conflict of ideas or harshly in the form of violence. Efforts to implement and enforce the law really need an effective mechanism in order to guarantee the welfare of all citizens. In addition, a legal product is also needed that can regulate in order to support all regulations that regulate all actions in people's lives
PERAN LEMBAGA INTERNASIONAL DALAM PENEGAKAN HUKUM HUMANITER PADA KONFLIK TIMOR LESTE DAN PAPUA Fransiscus Asisi Mahendra; Cecep Kurniyawan, Tarsisius Susilo, Budiman Marpaung, Budi Saroso
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The enforcement of international humanitarian law (IHL) in domestic conflicts often intersects with the issue of state sovereignty, particularly when involving the intervention of international actors. This article explores the dynamics of international organizations—such as the International Committee of the Red Cross (ICRC), the United Nations (UN), and global non-governmental organizations (NGOs)—in two critical conflict areas in Indonesia: the armed conflict and subsequent secession of East Timor, and the protracted unrest in Papua. Employing a juridical-critical and historical-qualitative approach, this study systematically distinguishes between the official mandates of these organizations and their actual field operations, which at times have extended beyond the principle of neutrality and influenced the integrity of Indonesia’s national sovereignty. The findings indicate that while certain organizations, such as the ICRC, largely adhered to their humanitarian mandates, others—including the UN and prominent human rights NGOs—played a politically significant role, particularly in facilitating East Timor’s separation from Indonesia. In contrast, international involvement in Papua has been more limited yet continues to exert global pressure through human rights advocacy. Indonesia's defensive yet progressive response has proven effective in preserving sovereignty in Papua, drawing lessons from the East Timor experience. The article recommends a selective synergy between international cooperation and the safeguarding of non-intervention principles, ensuring that the enforcement of humanitarian law is not exploited as a political instrument by foreign entities
ASYMMETRIC WARFARE AND THE CHALLENGES TO INTERNATIONAL HUMANITARIAN LAW Aristoteles H Lawitang; Indra Laksamana, Tarsisius Susilo, Budiman Marpaung, Budi Saroso
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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In recent decades, asymmetric warfare has increasingly defined the landscape of armed conflict, largely due to the significant role played by non-state entities and their reliance on irregular strategies that strain the normative framework of International Humanitarian Law (IHL) (Kaldor, 2012; Hoffman, 2007). This article explores the misalignment between IHL’s core principles— such as distinction, proportionality, combatant status, and accountability—and the operational realities of asymmetric battlefields. A comparative analysis is conducted across three case studies: the Coalition’s operations against ISIS in Mosul, Myanmar’s military conflict with the Rohingya population, and Turkey’s intervention against the YPG in northern Syria. Findings reveal a structural gap in the legal responsibility between state and non-state actors, compounded by the limited enforcement mechanisms of IHL in non-international armed conflicts. The article proposes reform of international legal frameworks, the modernization of military doctrines and rules of engagement, and the integration of ethical and legal education into military training. These measures aim to maintain the relevance and effectiveness of IHL in facing future hybrid and asymmetric conflicts.
DARI ATAS KE BAWAH: DIMENSI YURIDIS TANGGUNG JAWAB PEMIMPIN MILITER ATAS PELANGGARAN PASUKAN Andi Ichsan; Educ Permadi Eko, Tarsisius Susilo, Dinand Tumpak, Wahyu Ramadhanus
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The enforcement of international humanitarian law (IHL) in domestic conflicts often intersects with the issue of state sovereignty, particularly when involving the intervention of international actors. This article explores the dynamics of international organizations—such as the International Committee of the Red Cross (ICRC), the United Nations (UN), and global non-governmental organizations (NGOs)—in two critical conflict areas in Indonesia: the armed conflict and subsequent secession of East Timor, and the protracted unrest in Papua. Employing a juridical-critical and historical-qualitative approach, this study systematically distinguishes between the official mandates of these organizations and their actual field operations, which at times have extended beyond the principle of neutrality and influenced the integrity of Indonesia’s national sovereignty. The findings indicate that while certain organizations, such as the ICRC, largely adhered to their humanitarian mandates, others—including the UN and prominent human rights NGOs—played a politically significant role, particularly in facilitating East Timor’s separation from Indonesia. In contrast, international involvement in Papua has been more limited yet continues to exert global pressure through human rights advocacy. Indonesia's defensive yet progressive response has proven effective in preserving sovereignty in Papua, drawing lessons from the East Timor experience. The article recommends a selective synergy between international cooperation and the safeguarding of non-intervention principles, ensuring that the enforcement of humanitarian law is not exploited as a political instrument by foreign entities
PARADOKS PENGUNGSI: ANTARA PERLINDUNGAN HAM DAN KEDAULATAN NASIONAL DALAM KRISIS KEMANUSIAAN Dani Achnisundani; Burhan Fajri Arfian, Tarsisius Susilo, Zulkifli, Wahyu Tunggul Wiratama
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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The global refugee crisis presents a paradox for states: they are bound to uphold the human rights of refugees, yet they seek to safeguard national sovereignty and security. This article examines the delicate balance between international refugee protection principles—particularly the non-refoulement obligation—and the sovereign right of states to control their territory. Through normative analysis and case studies in Indonesia and the ASEAN region (including responses to Rohingya refugees, Afghan refugees in Indonesia, and the East Timor and West Papua crises), we explore the dilemma between global humanitarian obligations and national interests. The discussion covers international humanitarian law and human rights principles on refugees, state sovereignty in regulating asylum, regional practices in Indonesia/ASEAN, and the role and challenges of international organizations (UNHCR, IOM, ASEAN). The findings indicate that the non-refoulement principle, as a jus cogens norm, places an absolute limit on sovereignty: states must not return refugees to face persecution or danger. However, national security concerns often drive states to adopt restrictive measures, such as detention or push-backs. Indonesia and other ASEAN states typically employ ad-hoc approaches—offering temporary humanitarian protection while avoiding permanent commitments perceived to affect national interests. The article concludes that a strategic framework is needed to uphold human rights values (including non- refoulement) in harmony with the maintenance of national sovereignty, through stronger regional cooperation, targeted security management (focusing only on high-risk individuals), and enhanced national institutional capacity to manage refugees humanely.
KEPEMIMPINAN DI MEDAN TEMPUR: TANGGUNG JAWAB KOMANDO DALAM PENEGAKAN HUKUM HUMANITER INTERNASIONAL Adam Tjahja S; Frans Eddy Bungaran Siregar, Tarsisius Susilo, Wahyudi Dwi Santoso, Nurhidayat
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Command responsibility is a key doctrine in international humanitarian law (IHL) requiring military leaders to be held accountable for crimes committed by subordinates if they fail to prevent or punish such acts. This article analyzes the theory and practice of command responsibility in the context of Indonesian military leadership. The abstract briefly outlines historical development of the doctrine (from the 1863 Lieber Code to the 1998 Rome Statute), its adoption into Indonesian law (Law No. 26/2000 on human rights courts), and differences between international and national application. The study examines the elements of command responsibility (superior-subordinate relationship, knowledge or “should have known,” and duty to take reasonable measures) and surveys international case law (e.g. the Celebici case in ICTY and the Jean- Pierre Bemba case in ICC). It then addresses Indonesian scenarios (military operations in East Timor and Papua), domestic human rights trials, and TNI contributions to UN peacekeeping and IHL training. Contemporary challenges (drone warfare, cyber attacks, hybrid warfare) and their implications for commander responsibility are discussed. The paper concludes that embedding IHL values in TNI command structures enhances the legitimacy and effectiveness of Indonesian military leadership. Recommendations focus on strengthening IHL training, clarifying command rules, and harmonizing national law with international standards to ensure consistent enforcement of command responsibility.
TANTANGAN BARU BAGI HUKUM HUMANITER INTERNASIONAL DALAM MENGHADAPI ANCAMAN HIBRIDA DAN KONFLIK ASIMETRIS Firman Gunawan; Erick Sartani Marbun, Tarsisius Susilo, Budiman Marpaung, Budi Saroso
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Modern armed conflicts have evolved far from conventional state-on-state wars into complex, “hybrid” forms. They often involve non-state actors and advanced technologies (cyber, drones, long-range weapons), as well as mixed strategies that combine military force, cyber operations, information campaigns, and proxy fighters. This article analyzes the implications of these changing conflict characteristics for International Humanitarian Law (IHL). The study uses normative-analytical methods and case studies focusing on global events (Gaza, Syria, Ukraine) and the conflict in Papua. The analysis finds that while the existing IHL framework (the 1949 Geneva Conventions and customary law) still applies when the criteria of an armed conflict are met, its enforcement faces serious challenges. Cyber attacks and propaganda, for example, are not always clearly classified as armed conflict, and proxy or non- state combatants often violate IHL core rules with impunity. Cases like Gaza and Syria show major violations by both state forces and non-state armed groups, whereas Russia’s strategy in Ukraine employs a multi-domain “hybrid” approach with extensive attacks on civilian infrastructure. In Papua, separatist armed actions and domestic information operations (including coordinated pro-government social media campaigns) highlight hybrid aspects in the local context. We hypothesize that while IHL remains relevant, it requires adaptive interpretation and enforcement to be effective in the hybrid era. This study contributes an Indonesian military perspective that emphasizes sovereignty and civilian protection, and offers policy recommendations—such as enhanced IHL training for forces, military SOPs grounded in IHL, and stronger national legal frameworks—to meet modern threats.
ANTARA HUKUM DAN KEKERASAN: EVALUASI EFEKTIVITAS HUKUM HUMANITER INTERNASIONAL DALAM MELINDUNGI SIPIL PALESTINA Davy Darma Putra; Arif Rahman, Tarsisius Susilo, Agustinus Adi Santoso, Muhammad Taufik Zega
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
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Abstract

The prolonged conflict between Israel and Palestine has become one of the most complex testing grounds for the application of International Humanitarian Law (IHL), particularly in terms of the protection of civilians. The purpose of this study is to evaluate the effectiveness of IHL implementation in the context of this conflict, as well as to identify factors that contribute to violations of the law, impunity, and weak protection for Palestinian civilians. This study also aims to describe how international institutions respond to these violations and the extent to which these responses are able to meet the basic principles of humanitarian law. This study uses a descriptive qualitative approach with methods of literature review and analysis of international legal documents, reports from humanitarian organisations, UN resolutions, and field data from independent institutions such as Human Rights Watch and the ICRC. The data is analysed using a normative and empirical approach to evaluate the compatibility between legal norms and their implementation in the field. Key findings show that although the humanitarian legal framework clearly regulates the protection of civilians, the reality shows systematic violations of the principles of distinction, proportionality, and precaution by both sides, with the greatest impact felt by Palestinian civilians. In addition, this study found that international institutions are often unable to take effective action due to global political pressure and the use of veto power in the UN Security Council. Power imbalances and media dominance further exacerbate bias in law enforcement. The conclusion of this study confirms that the existence of IHL, despite its strong normative basis, remains very weak in its implementation if not accompanied by independent enforcement mechanisms that are free from political interests. Therefore, reforms are needed in the structure of international law enforcement, strengthening the role of civil society, and public education on the principles of humanitarian law to create more equitable and effective civilian protection in modern armed conflicts.
KABUT PERANG ASIMETRIS: KOMPLEKSITAS PENEGAKAN HUKUM HUMANITER DALAM KONFLIK MODERN Pio Lohitniate Nainggolan; Erfan Indra Darmawan, Tarsisius Susilo, Rapi Tadung , Andar Dodianto Panggabean
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
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Abstract

Contemporary armed conflicts are characterized by asymmetric and hybrid features, such as proxy warfare, cyber operations, urban warfare, and digital propaganda. These conditions pose significant challenges to the enforcement of International Humanitarian Law (IHL), both globally and in Indonesia’s national context. This paper analyzes how these modern aspects blur the lines of the law of war and weaken reciprocity mechanisms, and examines Indonesia’s strategic adaptation needed to uphold IHL while maintaining state sovereignty and security. Using a normative qualitative approach with literature review and case analysis, the study compares international cases (Ukraine, Gaza, Syria) and national cases (Papua) to understand these phenomena. The findings indicate that the dynamics of modern weaponry and unconventional tactics put great pressure on fundamental IHL principles but also open space for defense policy innovation and international cooperation. By combining adherence to humanitarian norms with military effectiveness, Indonesia must enhance IHL training for its troops, refine its national legal framework, and strengthen humanitarian diplomacy and multi-stakeholder coordination. The contribution of this study is in presenting the perspective of an Indonesian military officer who integrates national security interests with humanitarian norms in a novel way to protect the populace and uphold the unitary state.
IMPLIKASI HUKUM HUMANITER INTERNASIONAL DALAM KONFLIK ISRAEL PALESTINA MELALUI ANALISIS KRITIS ATAS DAMPAK TERHADAP SIPIL DAN PENEGAKAN HUKUM GLOBAL M. Imam Zulfikar; Aromarika D. Sukoco,Tarsius Susilo, Agustinus Adi Santoso, Muhammad Taufik Zega
JOURNAL OF LAW AND NATION Vol. 3 No. 4 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

The armed conflict between Israel and Palestine stands as one of the longest and most complex in modern history, presenting substantial challenges for the application of International Humanitarian Law (IHL). This prolonged conflict not only inflicts profound suffering on civilians from both sides but also raises critical questions regarding the effectiveness and impartiality of wartime legal frameworks in politically charged global contexts. This article critically examines the implementation or omission of fundamental IHL principles such as distinction, proportionality, and military necessity by key actors in the conflict. Furthermore, it assesses the legal and humanitarian impacts on vulnerable civilian populations, particularly women and children, who bear the brunt of armed hostilities. Using a normative and document-based approach, supported by analysis of international reports from the UN, Human Rights Watch, and the International Criminal Court (ICC), this article highlights structural weaknesses in law enforcement mechanisms and exposes political biases that obstruct justice. The findings indicate the need for reforms in global accountability systems and strengthened legal jurisdiction over serious violations. This study aspires to contribute significantly to the discourse on international legal standards and support more equitable protection of human rights in ongoing armed conflicts.

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