Hasil Pencarian  ::  Simpan CSV :: Kembali

"As first step to discuss "element of crimes" of Crimes Against Humaninty, the writer explain the concept of gross violation on human rights. This article focus on the normative and conceptual development of Crimes against Humanity:., its element of crime and its application. Furthrmore the discussion is focus on sexual crime, as mention in article 7 (g) the Rome statute of the International Criminal Court: rape, sexuality slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexuality violence of comparable gravity or as mention in article 9 (g) UU no. 26/2000 about Human Rights Courts. The lack of attention toward gender based violence issue in the Indonesia law literature is one of the reason why the writer is writing about this issue"

"The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia?s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction of the Law No. 26 year 2000 is and genocide and crimes against humanity. The Law No. 26 year 2000 also adopts the idea of Ad hoc tribunal that is possible to apply ex post facto justice. Finally, it plays important role in order to protect Indonesian interest and to fulfill international community point of views."

"Summary:A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war"

"Crimes against humanity is one of the international crime which can be categorized as a jus cogens and evidently one of the most serious type of international crime. The concept of crimes against humanity first stemmed and codified in the post-World War 2 period, specifically from the Statutes of the International Military Tribunals of Nuremberg and Tokyo. The formulations set forth in the Tribunals? Statutes includes a set of chapeau or contextual elements which acts as a philosophical basis for the fulfilment crimes against humanity requirements. Further developments in crimes against humanity gave birth to a myriad of formulations, whether seen from the aspect of general definition and the contextual elements, like the ones formulated in the Statutes of ICTY, ICTR and ICC. This thesis will be focused on the contextual elements of crimes against humanity as stipulated in the ICTY Statute, and will be thoroughly related to the case Prosecutors v. Milan Martic to further boost the practical understanding for the matter of crimes against humanity.

---

Kejahatan terhadap kemanusiaan merupakan salah satu kejahatan internasional yang masuk ke dalam kategori jus cogens dan juga salah satu dari jenis kejahatan internasional paling serius. Konsep kejahatan terhadap kemanusiaan pertama kali muncul dan dikodifikasikan pasca-Perang Dunia ke-2 melalui Statuta Pengadilan Nuremberg dan Tokyo. Formulasi awal dari kejahatan terhadap kemanusiaan tersebut selalu memiliki elemen-elemen chapeau atau kontekstual yang merupakan basis filosofis dari pemenuhan syarat kejahatan terhadap kemanusiaan. Dalam perkembangan lanjutan kejahatan terhadap kemanusiaan muncul berbagai variasi-variasi formulasi baik dari aspek definisi umum maupun elemen-elemen kontekstual, seperti pada ICTY, ICTR dan juga ICC. Tulisan ini akan berfokus pada elemen-elemen kontekstual seperti yang ada di dalam Statuta ICTY dan akan dikaitkan dengan kasus Prosecutors v. Milan Martic agar mempermudah pemahaman aplikatif dari konsep elemen-elemen kontekstual kejahatan terhadap kemanusiaan."

"What explains the failure of transitional justice and reconciliation measures in post-authoritarian Indonesia? One explanation is that domestic political elites have effectively stymied the efforts of civil society to implement global norms of transitional justice. However as Indonesia has embraced a democratic and decentralized system of government, even the most corrupt and entrenched elites cannot merely veto or reject calls for justice. Instead, opponents have used a variety of strategies including legislative, religious, and cultural strategies to undermine justice initiatives. Examining the recent experiences in Indonesia, this paper shows the effects that a limited transition has had on the justice agenda."

"The history of criminal justice in the United States is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle among actors who shape laws, institutions, and how we think about crime, punishment, and related issues.Through a reanalysis of more than 200 years of penal history, starting with the rise of penitentiaries in the nineteenth century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical swing of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice.This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of criminal justice in the United States. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system."