Halu Oleo Criminal Law Journal

Analisis Yuridis Mahkamah Pidana Internasional (International Criminal Court) Terkait Kasus Surat Perintah Penangkapan Vladimir Putin

2025-12-31T13:24:35+00:00

This study provides a juridical analysis of the International Criminal Court’s (ICC) issuance of an arrest warrant against Russian President Vladimir Putin for alleged war crimes committed during the Russia–Ukraine conflict. The case has sparked profound legal debate regarding the legitimacy of the ICC’s jurisdiction over a head of state from a non-State Party to the Rome Statute and its implications for the principle of head-of-state immunity under international law. The research aims to examine the legal foundation, jurisdictional mechanisms, and enforcement challenges of the warrant within the framework of public international law. Employing a normative juridical method, this study adopts statutory, conceptual, and comparative approaches, drawing upon international legal instruments, the 1998 Rome Statute, and recent scholarly works published within the last five years. The findings reveal that the ICC has a valid legal basis to issue the arrest warrant under Articles 12 and 58 of the Rome Statute, relying on Ukraine’s declaration of acceptance of jurisdiction. However, enforcement remains highly problematic due to Russia’s non-membership in the Statute and the contested interpretation of head-of-state immunity among nations. Moreover, geopolitical considerations significantly affect the willingness of States Parties to comply with ICC directives. The study concludes that the ICC’s effectiveness in pursuing accountability for international crimes largely depends on the cooperation and political will of its member states and the broader international community. The implications of this research highlight the urgent need for reforming ICC jurisdictional mechanisms and strengthening universal norms against war crimes to ensure the meaningful enforcement of international criminal justice and the realization of global accountability.

Kontruksi Ekosida Sebagai Kejahatan Internasional Serta Pengaturannya Dalam Hukum Positif Di Indonesia

2026-07-28T04:17:43+00:00

The massive, systemic, and wide-ranging environmental damage that occurs has posed a serious threat to the sustainability of human life and global ecosystems. Phenomena such as deforestation, forest fires, environmental pollution, and other ecological disasters show that environmental damage is no longer local, but has become a cross-border problem that requires the attention of the international community. In this context, the concept of ecocide emerged as a legal discourse that views large-scale environmental destruction as the most serious crime against the interests of humanity. This research aims to analyze the construction of ecocide as an international crime in the perspective of international criminal law and examine its regulation in positive law in Indonesia. The research method used is normative legal research with a legislative approach and a conceptual approach, through a study of the 1998 Rome Statute, the principles of international criminal law, and national laws and regulations in the field of the environment. The results of the study show that although ecocides have characteristics comparable to other international crimes within the jurisdiction of the International Criminal Court, to date ecocides have not been explicitly recognized as international crimes in the Rome Statute. Meanwhile, in Indonesia's positive law, the substance of acts that lead to ecocide has been regulated through the provisions of environmental crimes, but it is still placed as an ordinary crime and has not been constructed as an extraordinary crime. Therefore, it is necessary to strengthen and update criminal law policies, both at the international and national levels, in order to accommodate ecocide as an instrument of environmental protection oriented towards ecological justice and the sustainability of human life.

Analisis Yuridis Kejahatan Agresi Dalam Perspektif Hukum Pidana Internasional

2025-12-31T13:25:07+00:00

The crime of aggression is the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another country, and is categorized as the most serious violation of international law. The analysis shows that the Rome Statute now provides a clear definition of the Crime of Aggression, distinguishing it into two main elements: the act of aggression committed by the state and the leadership role by the individual who plans, prepares, initiates, or carries out such acts. While this recognition represents significant progress in the fight against impunity, there are significant structural challenges in enforcing it. The biggest challenge lies in the ICC's jurisdictional activation mechanism, which requires a referral from the UN Security Council or a decision of the relevant state party, so it is potentially influenced by political considerations. Reliance on political bodies such as the UN Security Council can impede the independence of the international criminal justice process.

Peran Pidana Internasional Terhadap Kejahatan Genosida Oleh Myanmar Terhadap Etnis Rohingya

2025-12-31T13:25:16+00:00

The crime of genocide experienced by the Rohingya ethnic group from the perspective of international humanitarian law and international criminal law. This study aims to identify the definition and criteria of the crime of genocide, and analyze its application in the Rohingya case. In addition, this study will also examine the response of the international community, the role of international law in upholding justice, and the legal challenges faced in the process of prosecuting perpetrators of genocide. We use Human Rights Theory. This theory provides a normative framework for understanding the fundamental rights of individuals, including the right to life, liberty, and protection from genocide. This theory is important for understanding the human rights violations experienced by the Rohingya ethnic group. It is hoped that this study can contribute to a deeper understanding of the crime of genocide against the Rohingya ethnic group, as well as its international legal implications. In addition, this study is also expected to provide policy recommendations to improve protection for vulnerable groups and strengthen the enforcement of international justice.

Kesenjangan Penegakan Akuntabilitas Kekerasan Seksual dalam Konflik Bersenjata: Analisis Efektivitas Pengadilan Domestik versus Mahkamah Pidana Internasional

2026-01-02T14:20:34+00:00

This research analyzes the accountability gap in prosecuting sexual violence in armed conflict between domestic courts and the International Criminal Court (ICC). Sexual violence has been recognized as a systematic warfare strategy in various modern conflicts; however, accountability enforcement continues to face significant obstacles. Although the normative framework of international criminal law has developed progressively since the 1998 Rome Statute, the practical realization of enforcement remains far from these aspirations. Conviction rates for sexual violence at the ICC, ICTY, and ICTR are substantially lower compared to other international crimes, while domestic courts face a wide justice gap between estimated cases and cases resulting in convictions. This research employs a normative legal methodology utilizing statute approach, comparative approach, and case approach. Data were collected through library research examining international legal instruments, court jurisprudence, and reports from human rights organizations. Data were analyzed using qualitative analysis with deductive and comparative reasoning patterns through grammatical, systemic, historical, teleological, and comparative interpretation. Research findings demonstrate that the accountability gap stems from interconnected structural, institutional, legal, political, and normative barriers, along with the ineffective operationalization of the complementarity principle in practice. These obstacles are not merely technical matters but also reflect gender inequality structures internalized within judicial systems. The research implications necessitate fundamental transformation in how legal systems recognize and deliver justice for sexual violence in armed conflict, through enhanced prosecution priorities at the ICC, integration of gender justice within domestic law enforcement ecosystems, strengthened coordination between international and national forums, and development of holistic and survivor-centered transitional justice mechanisms that address both accountability and reparation while dismantling structural inequalities perpetuating sexual violence in conflict