SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 1-6 of 6

Analytics

Jessica Carina Baptista Ferreira; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the legal ambiguities surrounding the status of civilians actively engaged in hostilities (civilian combatants) within the framework of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). While the 1949 Geneva Conventions and the 1998 Rome Statute establish a clear demarcation through the distinction principle, the phenomenon of direct participation in hostilities (DPH) poses a significant legal challenge, as civilians forfeit their protected status upon taking part in combat. Using a normative-legal approach, this study analyzes how acts of violence committed by armed civilians can be categorized as war crimes, crimes against humanity, or gross human rights violations. The findings demonstrate that civilian status does not grant impunity for individuals who commit atrocities. Under the principle of individual criminal responsibility, the International Criminal Court (ICC) and national tribunals possess the jurisdiction to prosecute offenders, regardless of their formal military standing. Such legal enforcement is paramount to upholding the integrity of humanitarian principles and ensuring justice for victims within the landscape of modern armed conflict.

Rampengan, Ricky Rifaldi; Moonti, Roy Marthen; Ahmad, Ibrahim

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.

Janter Panjaitan; SyahputraAditya K S; Elyassin Firdaus; Prastian Nur Huda

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The handling of terrorism crimes in Indonesia requires a balance between safeguarding the rights of perpetrators as individuals entitled to human rights and fulfilling the rights of victims affected by such acts of violence. This study aims to evaluate how human rights protections for terrorism suspects are upheld during legal proceedings, as well as how the state strives to protect and rehabilitate victims of terrorism under Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. Using a normative juridical approach, this research analyzes a case study based on the North Jakarta District Court’s Decision No. 1580/Pid.Sus.Terrorism/2020/PN.Jkt.Utr. The findings indicate that terrorism suspects are granted fair legal treatment, including the right to defense, a fair trial, and protection from torture, in accordance with the principle of non-derogable rights under international human rights law. On the other hand, Law No. 5 of 2018 establishes a clearer and more comprehensive legal framework to ensure victims' rights, including rehabilitation, compensation, and restitution. However, the implementation of victim protections still faces various technical and administrative challenges. This study recommends strengthening mechanisms for victim protection and enhancing legal enforcers' awareness of human rights principles in handling terrorism cases.  

Ana Maria Reyes; Luis Fernando Garcia; Elena Sofia Diaz

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

This study examines the impact of international human rights law on national judicial systems through a comparative analysis. The research aims to explore how international human rights norms influence domestic court decisions and the extent to which national judicial systems incorporate these norms into their legal frameworks. Using a qualitative comparative approach, this study analyzes judicial decisions from multiple countries with varying legal traditions. The findings reveal significant differences in the reception and application of international human rights law, influenced by historical, cultural, and political contexts. The study concludes that while some judicial systems demonstrate a strong commitment to integrating international human rights norms, others show resistance due to sovereignty concerns or differing legal philosophies. These findings highlight the complex relationship between international human rights law and national judicial practices, offering insights for policymakers, legal practitioners, and human rights advocates to enhance the effectiveness of human rights protections globally.

Tobias Finn; Silas Boone Prescott

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The rapid advancement of digital technology has led to widespread mass surveillance, raising concerns about the protection of individual privacy. International human rights law plays a crucial role in balancing national security interests with the right to digital privacy. This study examines the impact of international human rights frameworks, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), in safeguarding digital privacy amid increasing government surveillance. Using a qualitative approach, the research analyzes key legal principles, court rulings, and policy responses from different jurisdictions. The findings indicate that while international legal instruments provide a foundation for digital privacy protection, enforcement remains inconsistent due to varying national implementations and technological challenges. The study underscores the need for stronger legal mechanisms and international cooperation to ensure the effective protection of digital privacy rights in the digital age.

Arief Fahmi Lubis

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Human rights protect individuals, groups, or property. The nation or state officials as part of the country have an international obligation to protect the community and their property, where international human rights standards are established and developed in various international forums. This study aims to provide a critical review of the Convention related to Human Rights which guarantees the right of everyone to be treated equally before the law regardless of race, color, origin, and ethnicity, which also forms the Committee on the Elimination of Racial Discrimination to supervise its implementation. This qualitative research used a descriptive approach to collect data systematically, factually, and quickly in accordance with the description when conducting research. The results of this study showed that the principles of human rights guide law enforcement in prosecuting criminals. These principles emphasize the importance of supervision (including clarity in the chain of command) of law enforcement agencies. These principles also explain in detail the guarantee of the right to life fulfillment.