Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

The ICC Arrest Warrant against Vladimir Putin: Challenges of Prosecuting a Non-Member Head of State for War Crimes in Ukraine

2026-05-19T01:03:06+00:00

This research examines the ICC arrest warrant issued against Vladimir Putin in connection with Russia's invasion of Ukraine and analyzes the legal and practical challenges the ICC faces in exercising jurisdiction over the head of state of a non-member state. Moreover, this research analyzes the legal basis for ICC jurisdiction on Ukraine, which accepted the jurisdiction of the court under Article 12(3) of the Rome Statute and the principle of the absence of immunity of State officials from international criminal responsibility. The court's dependence on the cooperation of states in executing arrest warrants, the impact of geopolitical considerations on the effectiveness of international criminal justice, are the main political and legal obstacles to prosecuting the head of state of a non-member state. This study, using a descriptive-analytical method in analyzing international law documents, shows that the ICC has legal jurisdiction to investigate crimes committed in Ukraine; political resistance and structural limitations of the international system are the main challenges to exercising this jurisdiction. The arrest warrant for Vladimir Putin is an example of the tension between legal legitimacy and political realities in the application of international criminal justice.

The Implementation of the Green Economy in Indonesia and the Impacts on Human Rights

2026-05-19T01:12:04+00:00

This study analyzes the implementation of the green economy in Indonesia and its impact on human rights through a normative juridical and descriptive-analytical approach. Drawing on key policies such as Law No. 32 of 2009, Presidential Regulation No. 98 of 2021, and the Paris Agreement, it examines how environmental sustainability aligns with social inclusion and justice. Using the Human Rights-Based Approach (HRBA) and Environmental Justice Theory, the study finds that Indonesia’s initiatives—like the Low Carbon Development Initiative (LCDI) and the Green Growth Program—have advanced the rights to health, work, and a clean environment. However, challenges remain, including inequality, job loss in fossil fuel sectors, and limited participation of indigenous groups. The paper concludes that integrating human rights principles is essential for ensuring an inclusive and equitable green transition

The Omnibus Law in Indonesia: Legal and Technological Dimensions of Policy Reform in a Civil Law Context

2026-07-08T02:35:38+00:00

In the digital governance era, the Omnibus Law also reflects Indonesia’s attempt to modernize its regulatory system through integrated and technology-driven policymaking. The Omnibus Law signifies a crucial reform in Indonesia's legislative and policy framework, especially affecting infrastructure and policy growth. Inspired by common law traditions, the legislation seeks to streamline restrictions and expedite economic progress. This article analyzes the implementation of omnibus legislation in Indonesia in relation to legal reforms within common law and civil law frameworks, highlighting their effects on infrastructure initiatives and policy efficacy. This study employs a comparative and qualitative research methodology to examine legal reforms, their execution, and the difficulties encountered in applying the omnibus law model inside a civil law jurisdiction. The findings underscore the Omnibus Law's capacity to optimize governance, draw investment, and improve regulatory clarity, while simultaneously mitigating the risks of legal inconsistency and public opposition. The study contributes to the discourse on how legal modernization and regulatory simplification reshape governance and society in Indonesia’s civil law context. This study contributes to the emerging discourse on digital constitutionalism within civil-law jurisdictions, highlighting Indonesia’s effort to balance innovation with constitutional accountability.

Reassessing Global Monetary Governance: IMF, Dollar Hegemony, and the Quest for Economic Justice in a Fragmented Global Order

2026-05-19T01:08:16+00:00

This article analyzes the structural limits of contemporary global monetary governance amid rising geopolitical tensions, expanding economic sanctions, and renewed debates on de-dollarization and monetary sovereignty. While international monetary law is often presented as a neutral framework aimed at ensuring stability and cooperation, recent developments suggest a system increasingly marked by asymmetrical power, legal fragmentation, and distributive inequality. Drawing on a Law and Political Economy (LPE) perspective, this study argues that the dominance of the United States dollar and the institutional role of the International Monetary Fund (IMF) are not merely economic outcomes, but reflect a legalized hierarchy embedded in global monetary governance. Methodologically, the research combines doctrinal legal analysis with a policy-oriented approach, focusing on soft law instruments, institutional design, and governance practices. The analysis shows that monetary infrastructures and legal norms enable the strategic use of financial sanctions, thereby constraining monetary sovereignty and limiting policy space for many states. In this context, de-dollarization and calls for monetary autonomy are better understood not simply as economic or political responses, but as legal critiques of an unequal global order. This study contributes to international economic law by advancing a reform-oriented perspective that emphasizes monetary pluralism, seeks to limit asymmetric power, and calls for greater accountability and economic justice.

Symbolic or Substantive? Women’s Political Participation and Its Impact on Legal Development in Afghanistan (2001–2021)

2026-06-29T02:44:20+00:00

This study rigorously analyzes women's political participation in Afghanistan throughout the Republican era (2001–2021), emphasizing whether this participation was largely symbolic or led to significant legal advancements. Subsequent to the collapse of the Taliban rule in 2001, Afghanistan implemented substantial legal and institutional reforms to advance gender equality, encompassing constitutional assurances and female quotas in the parliament. Notwithstanding these formal achievements, the degree to which women may affect legal and political outcomes remains disputed.

This research employs feminist legal theory to examine the disparity between legal provisions and genuine political impact, utilizing qualitative content analysis of legal texts, policy frameworks, and electoral statistics. The data indicate that although women's political participation generated significant chances for representation and exposure, its overall effect was predominantly limited by structural, cultural, and political obstacles.

The study suggests that women's involvement in Afghanistan was both symbolic and substantive; yet, symbolic representation frequently surpassed substantive influence, especially in critical decision-making processes. This underscores the inadequacies of formal legislative reforms in attaining authentic gender equality in post-conflict settings.

Persecution of Women in Afghanistan under International Criminal Law

2026-05-19T01:04:42+00:00

This research analyzes the policies and actions of the Taliban against women and girls after 2021 and evaluates them within the framework of international criminal law, in particular, the gender-based persecution as a crime against humanity under Article 7 (1) (h) of the Rome Statute. The research design is qualitative, descriptive-analytical, and founded on legal-documentary approach, and data were collected from international legal documents, the jurisprudence of the International Criminal Court, reports of the United Nations, and the human rights organizations. The results of the research reveal that institutionalized policies of the a Taliban in the spheres of education, employment, healthcare, freedom of movement, and access to justice represent a harsh and premeditated deprivation of essential rights of an identifiable group of people on gender basis and include the legal components of crimes against humanity (harassment and persecution). According to the findings of the research, this has reached past being a human rights crisis and has become a prosecutable case in terms of the international criminal law.

The Implementation of Paris Agreement in Indonesia and the Impacts on Human Rights

2026-05-23T04:44:47+00:00

The Paris Agreement serves as a global mechanism to address climate change. Indonesia, as one of the signatory countries, has implemented various policies and programs to fulfill its commitments. However, these actions have had significant impacts on human rights, particularly for low-income communities. This research aims to examine the implementation of the Paris Agreement at the national level and to assess the extent to which these actions have affected human rights. Using a normative legal approach and a qualitative method, government policies in combating climate change and their impacts on individuals’ rights have been analyzed. The theoretical framework of the research is based on environmental governance theory and human rights theory. The findings show that although Indonesia’s climate policies—including the establishment of relevant institutions and agencies, the integration of the Paris Agreement into national laws, changes in energy use, forest protection, and similar measures—have been effective in addressing climate change and reducing greenhouse gas emissions, they have, in many cases, resulted in human rights violations, especially concerning economic rights, the right to housing, and the right to health. These violations highlight the challenges in balancing environmental objectives with human rights protection and emphasize the necessity of integrating human rights considerations into climate change policies, along with providing compensatory measures when these rights are adversely affected.

The Problem of Proving Genocidal Intent and Its Impact on Accountability in International Criminal Law

2026-05-19T01:10:36+00:00

This paper discusses the issue of establishing the genocidal intent (dolus specialis) and its effect on criminal responsibility within international criminal law. It seeks to determine the suitability of existing judicial criteria in determining such intent. The study examines the jurisprudence of ICTR, ICTY, and ICC by using the normative legal research approach, which analyzes the Genocide Convention, the Rome Statute, and convention jurisprudence. The results show that the international courts use indirect and contextual evidence primarily to establish the presence of genocidal intent, so the evidentiary threshold is high, and this has restricted the conviction of genocide offenders.

The Reality Of The Agrarian Law: Can It Address ‎Indonesia’s Land Problems?

2026-07-08T02:32:57+00:00

The Basic Agrarian Law (UUPA) of 1960 was established as the primary legal framework to govern land ownership, control, and utilization in Indonesia. Its core objectives were to promote social justice, ensure legal certainty for all citizens, and enhance public welfare through equitable and sustainable land governance. However, despite being in force for over six decades, Indonesia still faces persistent and increasingly complex agrarian issues. These include overlapping land certificates, recurring land conflicts, inadequate recognition of indigenous land rights, and the inefficiency of the land administration system. This study aims to explore the central question: To what extent is the UUPA effective in resolving current land-related problems in Indonesia, and how does its legal framework compare to the more advanced land law systems of other nations? This research applies a normative legal method with a comparative approach, analyzing case studies of land disputes in Indonesia and drawing comparisons with the land law practices in Singapore, Malaysia, China, and the Philippines. Findings indicate that the UUPA suffers from significant structural weaknesses, particularly in recognizing customary land rights and establishing a coherent and transparent administrative structure. Therefore, while the UUPA remains a historical milestone in Indonesian land law, this article concludes that substantial reforms are urgently needed to align the law with current social demands, legal complexities, and the pressures of globalization in the 21st century.

Gender Persecution of Afghan Women Under Taliban Rule: Assessing the ICC’s Jurisdiction and Responsibility

2026-05-19T01:06:20+00:00

The Taliban's return to power in Afghanistan in 2021 was one of the most severe contemporary attacks on women's and girls' rights. Since then, the Taliban rule has imposed several restrictions on every aspect of women's lives, including access to education, freedom of movement, dress, work, public life, and political participation. Women and girls were excluded from society through such measures and systems. This paper analyzes whether the Taliban’s acts against women and girls count as gender-based persecution under the Rome Statute of the International Criminal Court (ICC). Using a normative analysis of journals, case studies, books, international organization reports, and ICC jurisprudence, the study demonstrates how the Taliban’s actions constitute a systematic and widespread attack against a civilian population. It further evaluates the ICC’s jurisdiction, legal standards, and the feasibility of prosecuting the Taliban authority.

The findings indicate that the Taliban’s restrictive policies meet all key elements of gender persecution under Article 7(1)(h) of the ICC, including the severe deprivation of fundamental rights, the discriminatory intent behind the policies, and the targeted nature of the attacks against women and girls. ICC route, including territorial jurisdiction for crimes committed while Afghanistan was a state party to the Rome Statute, personal jurisdiction over nationals of ICC member states, and the possibility of referral through the UN Security Council. The article concludes that recognizing the Taliban’s actions as gendered harassment is not only legally justified but also necessary to ensure accountability and strengthen international human rights support.

Legal Consequences of Depriving Women of Education in Afghanistan

2026-05-29T04:28:53+00:00

The denial of women’s right to education in Afghanistan, especially after the Taliban returned to power in 2021, is considered one of the most serious human rights violations. The right to education is recognized as a fundamental human right in international documents such as the Universal Declaration of Human Rights, the Covenant on Economic, Social and Cultural Rights, and the Convention on the Elimination of All Forms of Discrimination against Women. Despite these commitments, the Taliban have deprived millions of Afghan women and girls of this fundamental right by banning girls’ education beyond the sixth grade and closing universities.

This research aims to examine the legal consequences of women’s lack of access to education in Afghanistan. The research method in this article is descriptive-analytical, and the information was collected through library resources, international law documents, and relevant reports of international organizations. The research findings show that, in addition to violating the right to education, women’s deprivation of education leads to violations of human dignity, reduced political and social participation of women, limited job opportunities, and increased social injustice.

The research concludes that the international community and international institutions have an important responsibility to support the right to education of Afghan women and must provide access to education for Afghan women and girls through diplomatic pressure, human rights monitoring, and the creation of alternative educational opportunities.