Kontribusi Indonesia Dalam Kerangka Hukum Pidana Internasional: Studi Perbandingan

Abstract

The development of international criminal law demands the active role of the state in accepting and implementing international norms, especially related to serious international crimes such as genocide, crimes against humanity, and war crimes. In this context, Indonesia is a relevant case to be studied. Despite actively participating in international legal forums and having a national legal framework to deal with serious human rights violations, Indonesia has not yet ratified the Rome Statute of the International Criminal Court. This article critically analyzes Indonesia's contribution to the framework of international criminal law through a comparative approach, by examining how international criminal law norms are adopted, adapted, or restricted in the national legal system. This research uses a qualitative legal research method with a comparative approach, through analysis of international legal instruments, national laws and regulations, and relevant jurisprudence. The analysis is completed with a normative comparison between Indonesia, a number of ASEAN countries, and countries with civil law and common law traditions. The research results show that Indonesia's contribution is multidimensional but tends to be selective. This is reflected in the establishment of national regulations regarding gross human rights violations, partial harmonization of international norms, as well as Indonesia's involvement in regional and international law diplomacy. However, the contribution is still limited by the consideration of state sovereignty, domestic political dynamics, and institutional limitations. This article emphasizes that Indonesia plays a role as a selective adopter of norms rather than as a full internalization of international criminal law, so it is necessary to strengthen regulation, institutional capacity, and a more progressive legal diplomacy strategy.