Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

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

Zarafshan Hussaini — 2026-05-22

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

Najiba Farahmand — 2026-05-29

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.

Human Rights in the Prospect of Implementing Non-Conviction Based Asset Forfeiture in Corruption Cases in Indonesia

Vincentius Patria Setyawan — 2026-07-08

Non-Conviction Based Asset Forfeiture (NCB AF) is an alternative legal mechanism that allows the state to recover assets derived from corruption without requiring a prior criminal conviction. This mechanism has gained global relevance as corruption often involves complex transactions, shell companies, and transnational financial flows that hinder criminal prosecution. However, the application of NCB AF raises significant human rights concerns, particularly regarding the presumption of innocence and the right to property. This study examines the human rights implications of implementing NCB AF in corruption cases within Indonesia’s legal system using a normative juridical and comparative approach. The comparative analysis draws insights from the United Kingdom, the United States, and the Philippines jurisdictions that have successfully balanced asset recovery objectives with fundamental rights protections. The findings indicate that while NCB AF strengthens Indonesia’s anti-corruption strategy, its implementation must incorporate strict procedural safeguards and judicial supervision to prevent arbitrary deprivation of property. The study concludes that a balanced legal framework integrating effective asset recovery with human rights protection is essential to ensure justice, accountability, and the legitimacy of the state’s anti-corruption efforts.

The Impact of the Paris Agreement on the Right to Clean Air in Indonesia

Mansora Pooya — 2026-07-08

Global warming is not only an environmental issue but also a human rights issue, especially in relation to the right to clean air. The paper critically examines the application of the Paris Agreement to the Indonesian scenario and the implications of the agreement on air quality and the health of people. The current analysis presents a normative approach to legal research, where the policies, regulations, and Nationally Determined Contributions (NDCs) of countries are reviewed through the prism of international climate commitments. The empirical findings state that despite the positive changes in regulatory frameworks, there are still obstacles to the successful protection of clean air, such as coal dependence, inadequate enforcement systems, forest fires, etc. Policy recommendations emphasize the need for a shift towards renewable energy, the implementation of stricter regulatory processes, and the incorporation of human rights considerations.

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

Omida Kazimi — 2026-05-19

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

Faiza Danishyar — 2026-05-19

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

Nanik Prasetyoningsih — 2026-07-08

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.

Optimizing Trademark Protection for Global Competitiveness: Comparative Study of Indonesia and ASEAN

Winarno — 2026-07-08

This study examines the optimization of trademark protection in Indonesia within the context of global business competition and regional integration under the ASEAN Economic Community (AEC). As a key component of intellectual property rights (IPR), trademarks play a crucial role in supporting business competitiveness and consumer trust. However, ASEAN countries exhibit significant differences in their legal frameworks, enforcement mechanisms, and institutional capacities. This research applies a comparative legal approach to analyze the similarities and differences between Indonesia and other ASEAN member states. The findings reveal that while all ASEAN countries adhere to the TRIPS Agreement and adopt the first-to-file system, disparities persist in enforcement, administrative efficiency, and public awareness. Strengthening legal certainty and cross-border cooperation is essential to improve Indonesia’s competitiveness and align its trademark regime with international best practices.

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

Syah Muhammad Mousa Al Zaki — 2026-06-15

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)

Aghamah Dehqanyar — 2026-06-29

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.

The Urgency of Criminalizing Stalking and Its Offense Formulation

M. Syamsudin — 2026-07-08

In the digital age, issues related to privacy invasion, repetitive monitoring, and harassment have become increasingly prevalent. One of the most concerning manifestations of these issues is stalking, a pattern of persistent, unwanted behavior that leaves victims feeling threatened, disturbed, and emotionally distressed. As technology advances, opportunities for stalking have expanded, particularly through digital platforms, which enable stalkers to monitor, contact, and manipulate victims more easily than ever before. Unfortunately, in Indonesia, there is a significant gap in the legal framework to address stalking effectively, as existing criminal laws do not yet include specific provisions for such actions. This study examines stalking from legal, social, and psychological perspectives to explore how criminalizing stalking could offer much-needed protection for victims. By adopting a juridical-normative approach, the research reviews relevant laws, regulations, and existing literature to analyze how Indonesia's legal system can adapt to manage stalking incidents better. Findings reveal that stalking profoundly impacts victims, threatening their safety, mental health, and personal freedom. The research underscores the necessity for Indonesia to establish precise legal definitions and clear criteria to classify behaviors as stalking. A well-formulated legal provision addressing stalking would not only provide clarity on the actions that constitute stalking but also outline suitable penalties to deter offenders. Such regulation could serve as a powerful tool to protect victims’ rights and ensure that they are safeguarded against persistent harassment. In conclusion, the study advocates for a comprehensive draft offense formulation on stalking within Indonesia’s criminal law framework to ensure that victims receive the legal protection they need and that perpetrators are held accountable for their actions,

Persecution of Women in Afghanistan under International Criminal Law

Sabera Hussaini — 2026-05-19

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

Farhat Habibi — 2026-05-23

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.

From Overcrowded Prisons to Balanced Justice: Restorative Approaches in Criminal Law Reform

Sri Wulandari — 2026-07-08

Prison overcrowding has become a persistent challenge that undermines the legitimacy of criminal justice and generates widespread human rights violations. This paper examines the phenomenon as a structural crisis within criminal law rather than a mere administrative failure. Drawing on a normative juridical approach combined with comparative analysis, the study investigates how over-incarceration—particularly in Indonesia—reflects the limitations of retributive paradigms and explores restorative justice as a pathway toward balanced justice. Data from national and international sources, including the Directorate General of Corrections and the World Prison Brief, confirm that occupancy rates often exceed official capacity by 115–130 percent, resulting in conditions inconsistent with the International Covenant on Civil and Political Rights and the Nelson Mandela Rules. Comparative findings from New Zealand, Canada, and South Africa demonstrate that restorative justice can effectively reduce recidivism, alleviate overcrowding, and strengthen community trust. The results indicate that restorative justice not only provides alternatives to custodial sanctions but also aligns with human rights principles of dignity, fairness, and proportionality. The novelty of this research lies in reframing overcrowding as evidence of structural imbalance in criminal law and offering restorative mechanisms as a normative and practical solution. The study concludes that embedding restorative justice within criminal law reform is essential for achieving justice that is both effective and humane, with implications for Indonesia’s ongoing implementation of the 2023 Criminal Code.

Advance Pricing Agreement for Preventing Transfer Pricing Disputes in International Trade Law

Nathan Thomas — 2026-07-08

Companies often engage in purchase and sale transactions with related parties. Some companies utilize such transactions as instruments in transfer pricing practices. Advance Pricing Agreement is a written agreement mechanism used to determine the arm’s length price for transactions between related parties. This study aims to analyze the implementation mechanism of the Advance Pricing Agreement in preventing transfer pricing disputes and to examine the challenges of its implementation from the perspective of international trade law. The author employs a normative juridical research method, using a statutory approach and a case study approach involving transfer pricing disputes such as PT Covestro Polymers Indonesia and Court Decision No. PUT 003777.15/2023/PP/M.XVIIIA (2024) in the case of PT VVF Indonesia vs the Directorate General of Taxes (DGT), which discusses the application of the Advance Pricing Agreement in resolving tax disputes. The findings indicate that the implementation of the Advance Pricing Agreement serves as a legal instrument capable of creating legal certainty, transparency, and efficiency in resolving potential transfer pricing disputes. Minister of Finance Regulation (PMK) No. 172/2023 strengthens the legal foundation for Advance Pricing Agreement implementation in Indonesia. However, several challenges remain in its practical application. Overall, the study concludes that the Advance Pricing Agreement functions as a legal solution to prevent transfer pricing disputes and reinforces the arm’s length principle within the framework of international trade law.

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

Hawa Salehi — 2026-05-19

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?

R. Mustar Lofi — 2026-07-08

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.

Rethinking Institutionalized Impunity Through Wildlife Trafficking Case in Indonesia

Vania Lutfi Safira Erlangga — 2026-07-08

Impunity in Indonesia has often been examined through its physical expressions like State violence. This study broaden the concept of impunity as a structural condition that produces non-physical harm, such as the degradation of ecosystems and the erosion of community life. Using a conceptual, historical–legal, and case approach, this normative research traces how institutionalized impunity within the security apparatus (TNI and Polri) shapes environmental law enforcement and enables state actors’ involvement in illegal wildlife trafficking (IWT). Through the 2024 Asahan pangolin-scales case, where military and police personnel received lenient or delayed prosecution compared to civilian defendants, the paper exposes the mechanisms through which impunity distorts justice and accelerates environmental destruction. By reconstructing ecological and social transformations before and after wildlife extraction, the study shows how IWT undermines local ecological balance, alters community livelihoods, and entrenches asymmetrical power relations. Drawing on John H. Knox’s framework on the human right to a clean, healthy, and sustainable environment, Paul Gordon Lauren’s critique of sovereignty as a barrier to accountability, and Lawrence M. Friedman’s theory to evaluate the defective legal enforcement, this paper argues that impunity-driven environmental degradation constitutes a violation of human rights. It situates this argument within Indonesia’s legal and historical context, bridging environmental law, human rights theory, and state accountability. The analysis demonstrates that environmental harm, when enabled by institutional impunity, is not merely ecological damage but a juridical failure that endangers fundamental rights and the moral legitimacy of law itself.