Starting Volume 3 Number 4 Year 2024, the Journal of Law and Nation (SOLICLAW), which was originally accessible through the link https://joln.my.id/index.php/joln will be https://lawinsight.net/index.php/SOLICLAW Journal of Law and Nation (SOLICLAW) is published annually. Journal of Law and Nation (SOLICLAW) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal Law, International Business and Trade Law, Dispute Resolution, Real Estate Law, Criminal Law, Immigrant and Tourism Law, Common Law, Agency Law, Employment Law, Health Law, Politics, Education and other studies related to law.
ETIKA DALAM KERJASAMA SENI DI TENGAH KONFLIK GLOBAL. KOLABORASI SENI DEWAN KESENIAN JAKARTA (DKJ) DAN UKRAINIAN INSTITUTE (UI) TAHUN 2024
The dynamics of international art cooperation in the contemporary globalization era present significant ethical challenges and complexities, particularly in the context of cultural diplomacy between art institutions from developing countries and nations experiencing geopolitical conflicts, such as the relationship between Jakarta Arts Council (DKJ) and Ukrainian Institute amid prolonged war conditions. This research aims to comprehensively analyze the application of ethical principles in bilateral art cooperation during year of 2024, identify ethical factors influencing decision-making, and formulate a sustainable international art corporation ethical model. In writing the research employs a qualitative approach with library research methodology, analyzing academic literature from 2021 – 2025 through thematic analysis techniques with applied ethics theoretical framework. This research successfully identified five fundamental ethical principles: humanitarian solidarity (35%), artistic integrity (25%), political neutrality (20%), transparency (15%) and accountability (5%). The main dilemma lies in the tension between humanitarian solidarity and political neutrality, resolved through intensive dialogue, third-party mediation, and contextual adaptation. The integrated ethical model combining care ethics with local cultural contexts proves effective in managing ethical conflicts, providing practical guidelines for Indonesian arts institutions in responsible and sustainable international cooperation.
Copyright (c) 2025 JOURNAL OF LAW AND NATION
JAMINAN KEPASTIAN PERLINDUNGAN HUKUM TERHADAP DRIVER OJEK ONLINE: STUDI KASUS PEMBERITAAN MEDIA NASIONAL DEMONSTRASI AKBAR DRIVER GRAB MEI 2025
This study analyzes the guarantee of legal certainty and protection for online motorcycle taxi (ojol) drivers in Indonesia through a case study of national media coverage regarding the Mass Demonstration of Grab Drivers in May 2025. A qualitative content analysis method was applied to 58 news articles from Kompas.com, Detik.com, Tempo.co, CNNIndonesia.com, Liputan6.com, Tirto.id, and Kontan.co.id published throughout January-May 2025. Findings reveal that media coverage predominantly reflects the absence of adequate legal certainty for drivers, particularly concerning unfair wages, non-transparent fare algorithms, unilateral termination mechanisms, and weak bargaining power in policy negotiations. Media played a crucial role in elevating this issue to public discourse, prompting government response. However, analysis indicates that existing legal frameworks—especially Law No. 11 of 2020 on Job Creation and its derivative regulations—remain ineffective in ensuring essential protections for gig economy workers. The study concludes that progressive policy reforms are imperative to establish equitable legal certainty and social security guarantees for ojol drivers.
SENGKETA LAUT CINA SELATAN PASCA PUTUSAN PERMANENT COURT OF ARBITRATION TAHUN 2016 PERSPEKTIF HUKUM INTERNASIONAL
China's unilateral claims in the South China Sea have triggered disputes due to overlapping claims by several countries in the Southeast Asia region and China. This study aims to analyze the South China Sea disputes post the Permanent Court of Arbitration (PCA) ruling in 2016 from an international law perspective. The method used is a normative juridical approach with literature study and analysis of official documents and foreign policies of each country post-PCA ruling. The results show that although the PCA ruling is final and binding under UNCLOS 1982, its implementation on the ground still faces political and diplomatic obstacles. China's non- compliance with the ruling presents a significant challenge in enforcing international law when dealing with major countries. However, the ruling remains an important precedent in the peaceful resolution of maritime disputes based on international law. The success of international law in the South China Sea disputes does not only depend on the legal decision itself but also on the political will of countries to comply with and respect the applicable law. A more assertive, participatory, and consistent multilateral approach is needed for the supremacy of international law to be effectively upheld in the resolution of future maritime conflicts
PERAN HUKUM DAN FUNGSI BADAN USAHA MILIK NEGARA (BUMN) DALAM PEREKONOMIAN NASIONAL
This study aims to analyse the legal role and function of State-Owned Enterprises (SOEs) in supporting the national economy in accordance with the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. As state-owned economic entities, SOEs have two main functions, namely legal and economic functions, which are interrelated. The legal function plays a role in structuring, supervising, and managing SOEs to ensure they operate in accordance with the principles of transparency, accountability, and public interest. Meanwhile, the economic function of SOEs is evident in their contribution to gross domestic product (GDP) growth, employment, infrastructure development, and equitable distribution of wealth. This study uses a literature review method with a normative juridical approach based on an analysis of legislation, academic literature, and official government documents. The results of the study show that the success of SOEs in carrying out their functions is highly dependent on the effectiveness of the legal system that regulates them and the consistent application of the principles of good corporate governance. With the support of a strong legal framework, SOEs can optimally function as state economic actors and instruments of equitable and sustainable national development.
EKSISTENSI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DALAM MENCEGAH TERBITNYA SERTIPIKAT GANDA DI KANTOR PERTANAHAN SERANG BANTEN
The rise of cases of multiple certificates related to the ownership of land rights. The Government is making efforts to prevent it through the Complete Systematic Land Registration (PTSL) program. The formulation of the problem in writing this journal is 1) what are the legal consequences of having land ownership with multiple certificates? 2) how is the existence of the Complete Systematic Land Registration (PTSL) program in preventing the issuance of multiple certificates at the Serang Banten Land Office? The research method used in this research is literature or library research which is supported by interviews with informants using a qualitative approach. The results of the study show that 1) The legal consequence of having land ownership with multiple certificates is that it does not provide legal certainty, because the purpose of a person doing land registration is to obtain a certificate as a perfect means of proof. But with the emergence of multiple certificates, it creates legal uncertainty in terms of land registration. Apart from that, there are other legal consequences, namely the emergence of losses, meaning that a person expects to obtain legal status for his land, but due to multiple certificates and then being declared lost in court with the consequence in the form of a certificate being declared null and void, the person automatically suffers a loss. 2) The existence of the Complete Systematic Land Registration (PTSL) program in preventing the issuance of multiple certificates at the Serang Banten Land Office, namely this program is one of the programs created to reduce land disputes such as multiple certificate disputes. The role of the Complete Systematic Land Registration Program based on facts can reduce the occurrence of land disputes.
ANALISIS TANTANGAN DALAM PENYUSUNAN RANCANGAN UNDANG- UNDANG DI ERA TRANSFORMASI DIGITAL: ANTARA REGULASI, INOVASI, DAN PERLINDUNGAN HAKAkhmad Zaki Yamani
The rapid development of digital technology has had a significant impact on social, economic, and legal life. However, the main challenge in drafting regulations in the digital era is the difficulty in balancing the need for innovation with the protection of individual rights. This article examines various challenges in digital regulation, such as slow legislative processes, a lack of technical understanding among policymakers, and reliance on rapidly changing technology. The article also provides recommendations for more adaptive regulatory strategies, including the application of risk-based regulations, strengthening data privacy protection, and emphasizing the importance of collaboration between policymakers and the technology sector. Additionally, the article highlights the importance of public participation in the digital legislative process and the role of education in enhancing policymakers' understanding of technology issues. With the right approach, digital regulation can create an ecosystem that supports innovation, protects individual rights, and is responsive to technological developments.
EFEKTIVITAS PENYIDIK BADAN NARKOTIKA NASIONAL SUMATERA UTARA DALAM PEMBERANTASAN TINDAK PIDANA NARKOTIKA
Narcotics abuse has become a serious problem that threatens the young generation and the stability of countries, including in Indonesia. Etymologically, narcotics comes from the Greek term "narke" which refers to the effects of anesthesia and loss of sensation. Narcotics abuse not only impacts an individual's physical and mental health, but also triggers social, economic and legal losses. Law Number 35 of 2009 defines narcotics as substances or drugs that can cause changes in consciousness, loss of pain, and cause dependence.In Indonesia, the circulation of narcotics continues to increase along with advances in technology and information that make it easier to distribute them illegally. The National Narcotics Agency (BNN) has a strategic role in eradicatin.
ANALISIS TERHADAP PUTUSAN NOMOR 339/PDT/2018/PT. DKI DAN PUTUSAN NOMOR 1852 K/Pdt/2019: PERBUATAN MELAWAN HUKUM ATAU CIDERA JANJI ATAS DANA NASABAH OLEH PERUSAHAAN KOMUDITI BERJANGKA
Cases of theft of company assets by unscrupulous employees are a criminal offense. Theft of company assets with entry permit facilities causes losses for the company, not only loss of assets, but also other legal consequences in the form of administrative sanctions from the government for the loss of goods with entry permit facilities. This research aims to understand the legal consequences for companies that are victims of criminal acts committed by unscrupulous employees considering that the goods stolen are imported goods with import duties exemption facilities which are the company's responsibility to the government authority that provides these facilities (for example: the Investment Coordinating Board and Directorate General of Customs and Excise). Next, examine whether administrative sanctions for the loss of company assets with import duty facilities fulfill the principles of justice for companies that are victims of theft by unscrupulous employees. This research is a Normative Juridical research with a legal approach and the concept of examining laws, research results and books to find legal theories, principles and views in the process of obtaining answers which are the main subject of this research.
PERATURAN HUKUM NEGARA DAN KEBIJAKAN NASIONAL YANG MENGATUR SISTEM SERTIFIKASI DAN TATA KELOLA PERKEBUNAN KELAPA SAWIT BERKELANJUTAN, TERMASUK PERAN PEMERINTAH DAN TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM MEWUJUDKAN KEBERLANJUTAN LINGKUNGAN DAN SOSIAL
This study analyses Indonesian national laws and policies governing the certification system and sustainable palm oil plantation management, focusing on two main topics: the ISPO-based legal system through Law No. 39/2014 on Plantations and Minister of Agriculture Regulation No. 38/2020, as well as the role of the government as a regulator-supervisor and corporate social responsibility (CSR) in accordance with Law No. 40/2007. Using a normative legal literature review method, the study found that the national legal framework has succeeded in integrating the principles of economic, social and environmental sustainability, but its implementation is hampered by overlapping regulations, weak inter-agency coordination, and a formalistic approach to CSR. Synergy between the government, companies and the community is needed to bridge the gap between legal norms and field practices in order to realise an inclusive and environmentally friendly palm oil industry in line with the SDGs.
PERANAN BADAN NARKOTIKA NASIONAL DALAM PENEGAKAN HUKUM DAN REHABILITASI TERHADAP PELAKU TINDAK PIDANAPENYALAHGUNAAN NARKOTIKA UNTUK DIRINYA SENDIRI SEBAGAI KORBAN (PECANDU)
Narcotics abuse continues to increase from year to year, not only among adults but also among teenagers and children. Given these problems, this research aims to examine and explain the function of the National Narcotics Agency in enforcing the law against individuals who carry out narcotics protection. Law enforcement as an action by BNN is expected to be able to provide answers that enable drug abusers to return to living as they should. This research method uses normative legal research. Where this research looks at various legal norms. Secondary data collected from various literature used in this research shows the role of the National Narcotics Agency in enforcing the law for narcotics perpetrators as regulated in the Narcotics Law Number 35 of 2009.
PERLINDUNGAN HUKUM TERHADAP PEMBELI ATAS TANAH YANG TELAH DITANDATANGANI PERJANJIAN PENGIKATAN JUAL BELI (PPJB) DAN DIJUAL KEMBALI OLEH DEVELOPER
PPJB is made as a preliminary agreement made by the seller and buyer in the sale and purchase of land rights because there are conditions that have not been fulfilled by one of the parties, so the sale and purchase before the PPAT cannot be carried out, so the prospective buyer seller first makes a PPJB before a Notary as a Public Official. The problem formulations in this research are: 1) What is the legal effect of the Sale and Purchase Binding Agreement on land acquired by the buyer and resold by the developer?; 2). How is the legal protection of the buyer of the land based on the Sale and Purchase Binding Agreement (PPJB) of the land that has been paid in full and resold by the developer? By using the theory of legal protection according to Satjipto Rahardjo and the theory of legal consequences according to R. Soeroso, it can be concluded that the legal consequences of the Sale and Purchase Binding Agreement on the land obtained by the buyer and resold by the developer are very detrimental to the buyer who has done the PPJB before, and as promised can be said to have broken the promise (default) as stipulated in Article 1238 of the Civil Code.2) The legal protection obtained by the parties in terms of the transfer of land rights in the sale and purchase binding agreement is very strong because the proof of the sale and purchase binding agreement is made before an authorized public official in this case is a Notary, by signing the deed in front of a Notary or PPAT and then explaining its contents to the parties who make a sale and purchase binding agreement then signing before a Notary, the deed has valid and strong evidence as other authentic deeds.
PEMBENTUKAN UNDANG-UNDANG DI INDONESIA DALAM PERSPEKTIF FIQH SIYASAH: INTEGRASI PRINSIP KEADILAN, KEMASLAHANTAN, DAN PARTISIPASI PUBLIK
The formulation of laws is one of the fundamental pillars of Indonesia’s constitutional system, shaping public policy and the implementation of democratic principles. From the perspective of fiqh siyasah (Islamic political jurisprudence), lawmaking is not merely a political process but also a means to realize the values of justice (al-‘adl), public welfare (al-mashlahah), and public participation (musyarakah). This study aims to analyze the legislative process in Indonesia by examining the extent to which the principles of fiqh siyasah are integrated into the modern legislative system. The research employs a qualitative method with a normative and descriptive-comparative approach. Data were collected through literature studies on legislation, fiqh siyasah sources, and relevant academic documents. The findings reveal that Indonesia’s legislative process has partially accommodated the values of fiqh siyasah, particularly in aspects of social justice and public participation through mechanisms of public consultation and aspiration channels. However, the implementation of the principle of maslahah (public welfare) remains constrained by political interests and weak institutional coordination. Therefore, the integration of fiqh siyasah principles in lawmaking should be strengthened through an Islamic legal-ethical approach that emphasizes the moral responsibility of lawmakers toward public welfare.
PERATURAN DAN KEBIJAKAN NASIONAL DALAM PENGELOLAAN PERKEBUNAN KELAPA SAWIT DI INDONESIA: ASPEK BUDIDAYA, PEMANFAATAN, PENGEMBANGAN, PERIZINAN, TATA RUANG, DAN TANGGUNG JAWAB SOSIAL PERUSAHAAN TERHADAP MASYARAKAT LOKAL
This study analyses national regulations and policies on oil palm plantation management in Indonesia, covering aspects of cultivation, utilisation, development, licensing, spatial planning, and corporate social responsibility towards local communities, using a legal-normative approach through a literature review of Law 39 of 2014 on Plantations, its derivative regulations, ISPO certification, and various related literature. The results of the analysis show that the national regulatory framework is normatively comprehensive in regulating the principles of sustainability, core-plasma partnerships, and CSR obligations. but its implementation in the field still faces gaps such as the lack of synchronisation between permits and spatial planning, recurring agrarian conflicts, formalistic implementation of CSR, and unequal benefits for smallholders. Therefore, regulatory harmonisation, strengthened supervision, digitisation of licensing, and empowerment of local mediation are needed to realise sustainable, inclusive, and socially equitable palm oil management.
STRUKTUR ORGANISASI BUMN DAN IMPLEMENTASI GOOD CORPORATE GOVERNANCE: PENGAWASAN DAN PERAN STRATEGIS MENTERI, DIREKSI, DEWAN KOMISARIS, SERTA DEWAN PENGAWAS DALAM MENJAMIN AKUNTABILITAS DAN TRANSPARANSI PENGELOLAAN PERUSAHAAN NEGARA
This study aims to analyse the organisational structure of State-Owned Enterprises (SOEs) and the implementation of Good Corporate Governance (GCG) in the context of supervision and the strategic roles of Ministers, Directors, Boards of Commissioners, and Supervisory Boards in ensuring the accountability and transparency of state-owned enterprise management. This study was motivated by the need for more efficient and professional governance, given the complexity of SOEs' functions as business entities and agents of national development. The research was conducted using a descriptive qualitative approach through a literature review method that examined various laws and regulations, policy documents, institutional reports, and relevant previous research results. The analysis was conducted using content analysis techniques to identify the conceptual relationship between the institutional structure of SOEs and the effectiveness of the implementation of GCG principles. The results of the study show that the effectiveness of SOE governance is greatly influenced by the clarity of institutional relations and the division of functions between key organs. The Minister of SOEs, as the government representative, plays a role in determining strategic policy directions and providing macro-level guidance, while the Board of Directors is responsible for operational management. The Board of Commissioners and the Supervisory Board serve to ensure a balance of authority through a system of checks and balances that strengthens accountability. However, in practice, the implementation of GCG still faces challenges in the form of overlapping authorities, weak supervisory independence, and political influence in the process of determining policies and managerial positions. This study emphasises that improving institutional structures, strengthening a culture of integrity, and consistently applying the principles of transparency and accountability are key to the successful implementation of GCG in SOEs. By strengthening inter-agency coordination, clarifying oversight mechanisms, and applying meritocracy in human resource management, SOEs can become models of efficient, clean, and competitive public corporate governance.
PERAN LEMBAGA INTERNASIONAL DALAM PENEGAKAN HUKUM HUMANITER: EVALUASI EFEKTIVITAS MISI PEMELIHARAAN PERDAMAIAN PBB DAN PALANG MERAH INTERNASIONAL DALAM MENANGGULANGI PELANGGARAN HUKUM PADA KONFLIK BERSENJATA
The enforcement of international humanitarian law during armed conflict plays a crucial role in protecting human rights and ensuring the safety of individuals affected by war. International organizations such as the United Nations (UN) and the International Red Cross have critical missions in peacekeeping and conflict resolution, which are essential to upholding humanitarian law on the ground. This article aims to evaluate the effectiveness of UN peacekeeping missions and the role of the International Red Cross in addressing violations of humanitarian law in conflict zones. Using a qualitative approach, the article analyzes the challenges, successes, and collaborative roles of both institutions in safeguarding humanitarian law and improving conditions for war victims. The findings of this study are expected to provide insights into the role of international institutions in maintaining global peace and the relevance of conflict resolution efforts based on humanitarian law.
Abdul Majeed Abdullah Alharbi, Kadep Faljuang Sesko TNI, Iwan Setiawan, Aqsha Erlangga
TANGGUNG JAWAB KELOMPOK BERSENJATA NON-NEGARA DALAM KERANGKA HUKUM HUMANITER INTERNASIONAL
International Humanitarian Law (IHL) establishes the rules of war that must be followed by all parties to an armed conflict, whether states or non-state armed groups. Although non-state groups cannot ratify international treaties, the universal character of IHL and customary international law oblige them to respect humanitarian norms. This article examines the responsibilities of non-state armed groups under IHL, focusing on the Indonesian context (e.g., the Free Papua Movement) and comparing international cases such as Hamas (Palestine), the Taliban (Afghanistan), and FARC (Colombia). The research uses a normative legal methodology, analyzing international law instruments, academic literature, and reports by ICRC, HRW, and other organizations. The study finds that even if only states ratify treaties, Common Article 3 and customary rules bind all conflict parties, including non-state actors. The Hamas and Taliban cases illustrate IHL violations by non-state actors (for example, holding civilians hostage is a war crime), while Colombia’s peace deal with FARC shows the role of IHL in conflict resolution. In Indonesia, the armed conflict in Papua requires the TNI to apply IHL while upholding sovereignty, and TNI’s military operations against OPM are supported by national law and viewed as consistent with IHL. Although international enforcement against non-state actors is challenging (limited to national courts or mechanisms like the ICC), state parties have a duty to “respect and ensure respect” for IHL by all parties. Policy recommendations include strengthening domestic legislation on war crimes, enhancing IHL training for the TNI, and international cooperation for accountability.
Dinesh K. Dhankhar, Tarsisius Susilo, Muhammad Taufik Zega, Agustinus Adi Santoso
DINAMIKA PENERAPAN HUKUM HUMANITER DALAM KONFLIK ISRAEL– PALESTINA: ANTARA NORMA DAN REALITAS
The protracted conflict between Israel and Palestine has posed persistent challenges to the application and enforcement of international humanitarian law (IHL). Despite numerous international conventions aimed at protecting civilians during armed conflict, both state and non-state actors in this region have repeatedly acted in ways that test the limits and flexibility of IHL principles. This article explores the legal and ethical dynamics of IHL in the Israel-Palestine conflict, analyzing core principles such as distinction, proportionality, and military necessity through case studies of military operations in Gaza and the West Bank. It also highlights the roles of international organizations such as the United Nations and the International Criminal Court in promoting accountability. By examining legal interpretations, political contexts, and evolving military technologies, this study identifies gaps and contradictions that hinder effective enforcement. The analysis suggests that a multidimensional approach—combining legal advocacy, diplomatic engagement, and ethical military conduct—is essential to reinforce humanitarian norms and reduce civilian harm in future conflicts
Fajar Catur Prasetyo, Tarsisius Susilo, Rapy Tadung, Andar Dodianto Panggabean
PERLINDUNGAN HUKUM TERHADAP INVENSI KECERDASAN BUATAN (ARTIFICIAL INTELLIGENCE) DI ERA REVOLUSI INDUSTRI4.0 DAN SOCIETY 5.0 BERDASARKAN PERSFEKTIF UNDANG-UNDANG NOMOR 13 TAHUN 2016 TENTANG PATEN
Legal protection of artificial intelligence inventions in the Industrial Revolution 4.0 and Society 5.0 eras is becoming very important along with the rapid development of technology and innovation. This study analyzes how Law Number 13 of 2016 concerning Patents provides a legal basis for the protection of inventions involving AI. With a normative analysis approach, this study identifies challenges and opportunities in patent regulations for AI-based innovations, including criteria for novelty, inventive step, and industrial application. The results of the study show that although the Patent Law has provided a basic framework, there are still shortcomings in accommodating the unique characteristics of AI, such as learning and adaptation capabilities. Therefore, the development of more flexible and responsive regulations is needed to protect intellectual property rights in the context of this advanced technology. This study is expected to contribute to the formulation of more effective legal policies for AI innovation in Indonesia.
DILEMA ETIKA DALAM PENGAMBILAN KEPUTUSAN MILITER: MENGGALI INTERAKSI ANTARA ETIKA PERANG DAN HUKUM HUMANITER
This article examines the relationship between ethical principles and humanitarian law in the context of warfare. Military forces often face dilemmas between carrying out effective actions and maintaining ethical standards that protect human rights. Through an analysis of various incidents and moral challenges encountered in the field, this article aims to understand how decisions made by military personnel can affect the application of law and its impact on morality. The study also highlights the importance of ethics training within the military, which plays a significant role in preventing violations of humanitarian law during armed conflict. By exploring the dynamics between ethics and humanitarian law, this article offers insights on how preventive mechanisms and international regulations can strengthen the implementation of law and reduce violations that occur on the battlefield.
Fachrudi H, Tarsisius Susilo, M.Asep Apandi, S.Dhani Broto
DINAMIKA KONFLIK DAN IMPLIKASINYA TERHADAP KEAMANAN GLOBAL DALAM PERSPEKTIF HUKUM HUMANITER
The contemporary dynamics of armed conflict exert profound ramifications on global security, particularly through their catalytic role in fostering terrorism and mass migration. What were once localized hostilities have, in the era of globalization and interconnectedness, evolved into transnational threats with far-reaching consequences. This study explores the far-reaching implications of violations of International Humanitarian Law (IHL), which are rampant in modern conflicts—ranging from deliberate attacks on civilians and acts of sexual violence to torture and obstruction of humanitarian assistance. These breaches not only exacerbate humanitarian crises but also dismantle social cohesion, perpetuate impunity and cycles of retaliatory violence, and incite international tensions that undermine peace processes. This analysis elucidates the intrinsic nexus between conflict, IHL, and global security, underscoring how noncompliance with IHL constitutes a pivotal factor in sustaining regional and international instability. The study accentuates the urgent necessity for an integrated approach to safeguarding global security— encompassing preventive diplomacy, the enforcement of legal accountability, humanitarian interventions, security sector reform, and the cultivation of sound governance. It recommends strengthening international cooperation and enhancing awareness and enforcement of IHL as essential measures to effectively address the complex landscape of contemporary conflict and its global security implications
Libra Dian Prasetyawan Yonatan, Tarsisius Susilo, Bungkus Hadisuseno, Bambang Budi Kuncoro
TRANSFORMASI KARAKTER KONFLIK ASIMETRIS DAN RELEVANSINYA TERHADAP ADAPTASI HUKUM HUMANITER DI LINGKUP OPERASI MILITER MODERN
The transformation of global conflict patterns reflects a profound departure from conventional warfare toward asymmetrical combat models. This paradigm shift is characterized by the active role of non-state actors, guerrilla-style tactics, the strategic use of civilian spaces as battlegrounds, and the absence of traditional frontlines, thereby generating substantial challenges to the applicability and effectiveness of International Humanitarian Law (IHL). Within the scope of modern military operations, such a landscape necessitates normative adaptation of core IHL principles, including distinction, proportionality, and military necessity. This paper seeks to critically examine how the evolving dynamics of asymmetric warfare impact the operationalization of humanitarian law and assess the extent to which these legal principles remain resilient amid the realities of blurred combatant status, covert hostilities, and the deliberate use of civilian populations as shields. Using a qualitative-analytical methodology through literature review, international legal instruments, and empirical case studies, this article emphasizes the imperative of recontextualizing the legal framework to better address the spectrum of contemporary threats. The findings advocate for conceptual refinement and the harmonization of military doctrine with international legal standards to ensure both legitimacy and humanitarian protection in complex modern battlefields.
Gusti Sopyannur, Tarsius Susilo, Zulkifli, Wahyu Tunggul Wiratama
PERAN HUKUM HUMANITER INTERNASIONAL DALAM MEMFASILITASI REKONSILIASI PASCA-KONFLIK: ANALISIS KOMPARATIF KASUS-KASUS KONTEMPORER
Post-conflict reconciliation is a critical component in addressing the legacy of violence and preventing the recurrence of armed conflict. This research analyzes how the principles and mechanisms of International Humanitarian Law (IHL) contribute to the post-conflict reconciliation process by comparing four contemporary cases: Colombia, Rwanda, Bosnia-Herzegovina, and Timor-Leste. Using a qualitative approach with comparative case study methods, this research evaluates the implementation of IHL in the reconciliation process through analysis of official documents, international organization reports, and in-depth interviews with 25 humanitarian law experts and reconciliation actors. The results show that effective implementation of IHL through transitional justice mechanisms positively correlates with successful long-term reconciliation. Three main elements of IHL that contribute significantly to reconciliation are: accountability for serious violations, recognition of victims' suffering, and rehabilitation of affected communities. However, the implementation of IHL in reconciliation faces challenges in the form of limited institutional capacity, tensions between justice and political stability, and lack of sustained international support. This research concludes that IHL needs to be holistically integrated into national reconciliation frameworks with consideration of the cultural and social context of post-conflict societies
IMPLIKASI HUKUM HUMANITER INTERNASIONAL DALAM KONFLIK ISRAEL PALESTINA MELALUI ANALISIS KRITIS ATAS DAMPAK TERHADAP SIPIL DAN PENEGAKAN HUKUM GLOBAL
The armed conflict between Israel and Palestine stands as one of the longest and most complex in modern history, presenting substantial challenges for the application of International Humanitarian Law (IHL). This prolonged conflict not only inflicts profound suffering on civilians from both sides but also raises critical questions regarding the effectiveness and impartiality of wartime legal frameworks in politically charged global contexts. This article critically examines the implementation or omission of fundamental IHL principles such as distinction, proportionality, and military necessity by key actors in the conflict. Furthermore, it assesses the legal and humanitarian impacts on vulnerable civilian populations, particularly women and children, who bear the brunt of armed hostilities. Using a normative and document-based approach, supported by analysis of international reports from the UN, Human Rights Watch, and the International Criminal Court (ICC), this article highlights structural weaknesses in law enforcement mechanisms and exposes political biases that obstruct justice. The findings indicate the need for reforms in global accountability systems and strengthened legal jurisdiction over serious violations. This study aspires to contribute significantly to the discourse on international legal standards and support more equitable protection of human rights in ongoing armed conflicts.
Aromarika D. Sukoco,Tarsius Susilo, Agustinus Adi Santoso, Muhammad Taufik Zega
KABUT PERANG ASIMETRIS: KOMPLEKSITAS PENEGAKAN HUKUM HUMANITER DALAM KONFLIK MODERN
Contemporary armed conflicts are characterized by asymmetric and hybrid features, such as proxy warfare, cyber operations, urban warfare, and digital propaganda. These conditions pose significant challenges to the enforcement of International Humanitarian Law (IHL), both globally and in Indonesia’s national context. This paper analyzes how these modern aspects blur the lines of the law of war and weaken reciprocity mechanisms, and examines Indonesia’s strategic adaptation needed to uphold IHL while maintaining state sovereignty and security. Using a normative qualitative approach with literature review and case analysis, the study compares international cases (Ukraine, Gaza, Syria) and national cases (Papua) to understand these phenomena. The findings indicate that the dynamics of modern weaponry and unconventional tactics put great pressure on fundamental IHL principles but also open space for defense policy innovation and international cooperation. By combining adherence to humanitarian norms with military effectiveness, Indonesia must enhance IHL training for its troops, refine its national legal framework, and strengthen humanitarian diplomacy and multi-stakeholder coordination. The contribution of this study is in presenting the perspective of an Indonesian military officer who integrates national security interests with humanitarian norms in a novel way to protect the populace and uphold the unitary state.
Erfan Indra Darmawan, Tarsisius Susilo, Rapi Tadung , Andar Dodianto Panggabean
ANTARA HUKUM DAN KEKERASAN: EVALUASI EFEKTIVITAS HUKUM HUMANITER INTERNASIONAL DALAM MELINDUNGI SIPIL PALESTINA
The prolonged conflict between Israel and Palestine has become one of the most complex testing grounds for the application of International Humanitarian Law (IHL), particularly in terms of the protection of civilians. The purpose of this study is to evaluate the effectiveness of IHL implementation in the context of this conflict, as well as to identify factors that contribute to violations of the law, impunity, and weak protection for Palestinian civilians. This study also aims to describe how international institutions respond to these violations and the extent to which these responses are able to meet the basic principles of humanitarian law. This study uses a descriptive qualitative approach with methods of literature review and analysis of international legal documents, reports from humanitarian organisations, UN resolutions, and field data from independent institutions such as Human Rights Watch and the ICRC. The data is analysed using a normative and empirical approach to evaluate the compatibility between legal norms and their implementation in the field. Key findings show that although the humanitarian legal framework clearly regulates the protection of civilians, the reality shows systematic violations of the principles of distinction, proportionality, and precaution by both sides, with the greatest impact felt by Palestinian civilians. In addition, this study found that international institutions are often unable to take effective action due to global political pressure and the use of veto power in the UN Security Council. Power imbalances and media dominance further exacerbate bias in law enforcement. The conclusion of this study confirms that the existence of IHL, despite its strong normative basis, remains very weak in its implementation if not accompanied by independent enforcement mechanisms that are free from political interests. Therefore, reforms are needed in the structure of international law enforcement, strengthening the role of civil society, and public education on the principles of humanitarian law to create more equitable and effective civilian protection in modern armed conflicts.
Distinction and Proportionality Principles
Arif Rahman, Tarsisius Susilo, Agustinus Adi Santoso, Muhammad Taufik Zega
TANTANGAN BARU BAGI HUKUM HUMANITER INTERNASIONAL DALAM MENGHADAPI ANCAMAN HIBRIDA DAN KONFLIK ASIMETRIS
Modern armed conflicts have evolved far from conventional state-on-state wars into complex, “hybrid” forms. They often involve non-state actors and advanced technologies (cyber, drones, long-range weapons), as well as mixed strategies that combine military force, cyber operations, information campaigns, and proxy fighters. This article analyzes the implications of these changing conflict characteristics for International Humanitarian Law (IHL). The study uses normative-analytical methods and case studies focusing on global events (Gaza, Syria, Ukraine) and the conflict in Papua. The analysis finds that while the existing IHL framework (the 1949 Geneva Conventions and customary law) still applies when the criteria of an armed conflict are met, its enforcement faces serious challenges. Cyber attacks and propaganda, for example, are not always clearly classified as armed conflict, and proxy or non- state combatants often violate IHL core rules with impunity. Cases like Gaza and Syria show major violations by both state forces and non-state armed groups, whereas Russia’s strategy in Ukraine employs a multi-domain “hybrid” approach with extensive attacks on civilian infrastructure. In Papua, separatist armed actions and domestic information operations (including coordinated pro-government social media campaigns) highlight hybrid aspects in the local context. We hypothesize that while IHL remains relevant, it requires adaptive interpretation and enforcement to be effective in the hybrid era. This study contributes an Indonesian military perspective that emphasizes sovereignty and civilian protection, and offers policy recommendations—such as enhanced IHL training for forces, military SOPs grounded in IHL, and stronger national legal frameworks—to meet modern threats.
Erick Sartani Marbun, Tarsisius Susilo, Budiman Marpaung, Budi Saroso
KEPEMIMPINAN DI MEDAN TEMPUR: TANGGUNG JAWAB KOMANDO DALAM PENEGAKAN HUKUM HUMANITER INTERNASIONAL
Command responsibility is a key doctrine in international humanitarian law (IHL) requiring military leaders to be held accountable for crimes committed by subordinates if they fail to prevent or punish such acts. This article analyzes the theory and practice of command responsibility in the context of Indonesian military leadership. The abstract briefly outlines historical development of the doctrine (from the 1863 Lieber Code to the 1998 Rome Statute), its adoption into Indonesian law (Law No. 26/2000 on human rights courts), and differences between international and national application. The study examines the elements of command responsibility (superior-subordinate relationship, knowledge or “should have known,” and duty to take reasonable measures) and surveys international case law (e.g. the Celebici case in ICTY and the Jean- Pierre Bemba case in ICC). It then addresses Indonesian scenarios (military operations in East Timor and Papua), domestic human rights trials, and TNI contributions to UN peacekeeping and IHL training. Contemporary challenges (drone warfare, cyber attacks, hybrid warfare) and their implications for commander responsibility are discussed. The paper concludes that embedding IHL values in TNI command structures enhances the legitimacy and effectiveness of Indonesian military leadership. Recommendations focus on strengthening IHL training, clarifying command rules, and harmonizing national law with international standards to ensure consistent enforcement of command responsibility.
Frans Eddy Bungaran Siregar, Tarsisius Susilo, Wahyudi Dwi Santoso, Nurhidayat
PARADOKS PENGUNGSI: ANTARA PERLINDUNGAN HAM DAN KEDAULATAN NASIONAL DALAM KRISIS KEMANUSIAAN
The global refugee crisis presents a paradox for states: they are bound to uphold the human rights of refugees, yet they seek to safeguard national sovereignty and security. This article examines the delicate balance between international refugee protection principles—particularly the non-refoulement obligation—and the sovereign right of states to control their territory. Through normative analysis and case studies in Indonesia and the ASEAN region (including responses to Rohingya refugees, Afghan refugees in Indonesia, and the East Timor and West Papua crises), we explore the dilemma between global humanitarian obligations and national interests. The discussion covers international humanitarian law and human rights principles on refugees, state sovereignty in regulating asylum, regional practices in Indonesia/ASEAN, and the role and challenges of international organizations (UNHCR, IOM, ASEAN). The findings indicate that the non-refoulement principle, as a jus cogens norm, places an absolute limit on sovereignty: states must not return refugees to face persecution or danger. However, national security concerns often drive states to adopt restrictive measures, such as detention or push-backs. Indonesia and other ASEAN states typically employ ad-hoc approaches—offering temporary humanitarian protection while avoiding permanent commitments perceived to affect national interests. The article concludes that a strategic framework is needed to uphold human rights values (including non- refoulement) in harmony with the maintenance of national sovereignty, through stronger regional cooperation, targeted security management (focusing only on high-risk individuals), and enhanced national institutional capacity to manage refugees humanely.
Burhan Fajri Arfian, Tarsisius Susilo, Zulkifli, Wahyu Tunggul Wiratama
DARI ATAS KE BAWAH: DIMENSI YURIDIS TANGGUNG JAWAB PEMIMPIN MILITER ATAS PELANGGARAN PASUKAN
The enforcement of international humanitarian law (IHL) in domestic conflicts often intersects with the issue of state sovereignty, particularly when involving the intervention of international actors. This article explores the dynamics of international organizations—such as the International Committee of the Red Cross (ICRC), the United Nations (UN), and global non-governmental organizations (NGOs)—in two critical conflict areas in Indonesia: the armed conflict and subsequent secession of East Timor, and the protracted unrest in Papua. Employing a juridical-critical and historical-qualitative approach, this study systematically distinguishes between the official mandates of these organizations and their actual field operations, which at times have extended beyond the principle of neutrality and influenced the integrity of Indonesia’s national sovereignty. The findings indicate that while certain organizations, such as the ICRC, largely adhered to their humanitarian mandates, others—including the UN and prominent human rights NGOs—played a politically significant role, particularly in facilitating East Timor’s separation from Indonesia. In contrast, international involvement in Papua has been more limited yet continues to exert global pressure through human rights advocacy. Indonesia's defensive yet progressive response has proven effective in preserving sovereignty in Papua, drawing lessons from the East Timor experience. The article recommends a selective synergy between international cooperation and the safeguarding of non-intervention principles, ensuring that the enforcement of humanitarian law is not exploited as a political instrument by foreign entities
Educ Permadi Eko, Tarsisius Susilo, Dinand Tumpak, Wahyu Ramadhanus
ASYMMETRIC WARFARE AND THE CHALLENGES TO INTERNATIONAL HUMANITARIAN LAW
In recent decades, asymmetric warfare has increasingly defined the landscape of armed conflict, largely due to the significant role played by non-state entities and their reliance on irregular strategies that strain the normative framework of International Humanitarian Law (IHL) (Kaldor, 2012; Hoffman, 2007). This article explores the misalignment between IHL’s core principles— such as distinction, proportionality, combatant status, and accountability—and the operational realities of asymmetric battlefields. A comparative analysis is conducted across three case studies: the Coalition’s operations against ISIS in Mosul, Myanmar’s military conflict with the Rohingya population, and Turkey’s intervention against the YPG in northern Syria. Findings reveal a structural gap in the legal responsibility between state and non-state actors, compounded by the limited enforcement mechanisms of IHL in non-international armed conflicts. The article proposes reform of international legal frameworks, the modernization of military doctrines and rules of engagement, and the integration of ethical and legal education into military training. These measures aim to maintain the relevance and effectiveness of IHL in facing future hybrid and asymmetric conflicts.
Indra Laksamana, Tarsisius Susilo, Budiman Marpaung, Budi Saroso