Hanifiyah, Annisa (2014) TINJAUAN YURIDIS TERHADAP IMPLIKASI RATIFIKASI STATUTA ROMA 1998 OLEH INDONESIA. S1 thesis, UNIVERSITAS SULTAN AGENG TIRTAYASA.

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Abstract

998, when 120 countries participated in the "United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court" has endorsed the Rome Statute. In the ratification of the Rome Statute, 21 countries abstained, and 7 countries oppose including the USA, China, Israel, and India. Less than four years since the conference was held, the Statute of the Court's opinion which is the basis for the most serious crimes of genocide, crimes against humanity, war crimes and the crime of aggression, it has been effective since July 1 th st , 2002 and after 60 countries ratified it. The countries under the UN (United Nations) can participate and become members at the ratification of the Rome Statute, particularly for developing countries that one of them is Indonesia, especially when looking at examples of the handling of cases of serious human rights violations that occurred in Indonesia which ended with the failure of the Court to find and punish "the most responsible persons". Based on the background of the thesis is, Is Indonesia should ratify the Rome Statute 1998 ?, and, Is the Rome Statute of 1998 may apply to the non state parties? Based on the problems above objectives to be achieved in this study is the first to determine whether Indonesia should ratify the Rome Statute of 1998, and second to determine whether the Rome Statute of 1998 may apply to the non state parties? Indonesia should ratify the Rome Statute of 1998 because this statute characteristic is complementary principle that complements the existing legal system. Because the Rome Statute remain in effect for the non state parties, but the state recognizes the jurisdiction of the ICC. It should be on the basis of the opening of the Constitution 1945, Indonesia should be participate in this statute.

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