Quo Vadis the Importance of Ratification of the Rome Statute for Law Enforcement and Human Rights in Indonesia in Terms of Legal System Theory
DOI:
https://doi.org/10.57096/edunity.v2i3.67Keywords:
Ratification, Rome Statute, Legal System TheoryAbstract
This study aims to provide an understanding of the urgency of the importance of Ratifying the Status of Rome for the enforcement of law and human rights in Indonesia which uses an analytical knife from Lawrence M Friedman's legal system theory. In Law number 26 of 2000 concerning the Human Rights Court has full legality in dealing with crimes of genocide and crimes against humanity but is this enough to make law enforcement in Indonesia fight or resolve human rights cases such as the Peter case, Semanggi I case and the -other cases need to apply a grand design for the settlement of these cases even more than that Indonesia's ratification will place Indonesia as one of the main supporters of international justice. In its implementation, Indonesia will join more than half of the world's people in ensuring that an effective justice system will prevent the worst crimes ever committed against humanity and ensure protection for all nations in the world, including Indonesia itself. This research is normative by using scientific literature such as written rules, theoretical and legal dogmas so that problems are resolved regarding the urgency of the importance of implementing the Rome Statute in Indonesia fulfilling three discussions, namely 1) The Importance of Ratification of the Rome Statute for Law Enforcement in Indonesia, 2) The Importance of Ratification of the Rome Statute Can Prevent Impunity in a Country, 3) Legal System Theory as a model in the application of Rome Statute ratification in Indonesia. so that this study can know the importance of the Rome Statute rules in Indonesia because they can be bound by international courts.
References
Diantha, I. M. P., & SH, M. S. (2014). International Criminal Law. Pretone Media. Google Scholar
Hasibuan, R. P. P. M., &; Ashari, A. (2020). Optimizing the Role of the State in Facing the 2019 Corona Virus Disease Pandemic in the Perspective of Emergency Constitutional Law. SALAM: Journal of Social and Cultural Syar-i, 7(7), 581–594. Google Scholar
Hiariej, E. O. S. (2016). Principles of criminal law. Light Atma Library. Google Scholar
Jusuf, D. A. (2016). The loss of the right to sue the law is due to the application of the principle of ne bis in idem (review of Article 76 of the Criminal Code). Lex Privatum, 4(7). Google Scholar
Mahmud Marzuki, P. (2013). Legal Research Revised Edition. Jakarta: Kencana Prenada Media Group. Google Scholar
Martowirono, S. (2017). Complementary Principles of the 1998 Rome Statute of International Criminal Courts. Journal of Law & Development, 31(4), 339–356. Google Scholar
Mathovani, S. A. (2022). Implementation of Indonesia's foreign policy extradition cooperation in improving the immune system in the ASEAN region. IMPLEMENTATION OF INDONESIA'S FOREIGN POLICY EXTRADITION COOPERATION IN IMPROVING THE IMMUNE SYSTEM IN THE ASEAN REGION, 1–117. Google Scholar
Mochtar, Z. A. (2022). Legal Politics of Law Formation. Mojok Book. Google Scholar
Mustamin, M., &; Nur, M. A. (2022). Tracing the Relationship of State Science with Constitutional Law , Political Science and Other Disciplines. Edunity: Social Science and Education Studies, 1(04), 198–206. Google Scholar
Muthalib, A., Araf, A., Tanjung, A. A., Trisasongko, D., Ahmad, D. A., Qisai, A., Gaussyah, M., Alhamda, M., Gunawan, R., &; Hidayat, N. (2012). Evaluation of the Implementation of RANHAM 2004-2009 and Plan for Ratification of the Optional Protocol To The Convention Against Torture (CAT) in RANHAM 2004-2009 and Planning RANHAM 2010-2014. Partnership for Governance Reform. Google Scholar
Panjaitan, H., &; Sinaga, W. (2017). Performing Right Copyright to Music Works and Songs and Their Aspects (Revised Edition). UKI Press. Google Scholar
Puspitasari, D. R. (2022). Extradition of Perpetrators of Corruption in the Perspective of International Criminal Law. Proceedings of the National Seminar on Research Results (SNHR). Google Scholar
Research, K. (n.d.). GROSS VIOLATIONS OF HUMAN RIGHTS IN THE CONFLICT IN SYRIA. Google Scholar
SA, A. W. G., & SH, M. H. (2017). Human Rights Law. Andy Publishers. Google Scholar
Sitompul, H. (2017). High School Students' Understanding of Human Rights in accordance with the 1945 Constitution. Public Administration Journal, 7(2), 158–175. Google Scholar
Subagja, D. A., TORNADO, A. S., &; ANUGERAH, M. R. (2021). Wiretapping by Investigators in order to collect evidence from the perspective of legal certainty. Ocean Law Journal of Justice, 16(2), 261–281. Google Scholar
Yunara, A. Y. (2019). The Effectiveness of Law Number 26 of 2000 concerning Human Rights Courts in Resolving Human Rights Violations in Indonesia ( Makassar Human Rights Court Study). Journal of Al-Dustur, 2(2), 1–21. Google Scholar
Published
Issue
Section
License
Copyright (c) 2023 Yogi Shahputra Al Idrus
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under aCreative Commons Attribution-ShareAlike 4.0 International (CC-BY-SA). that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.