ANALISIS HUKUM SABOTASE DAN TINDAK PIDANA PADA WAKTU PERANG DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM: AREA, CAKUPAN, ORIENTASI DAN FORMULASI KEJAHATAN PERANG

Abstract

War crimes in Law Number 1 of 2023 concerning the Criminal Code (UU KUHP) undergo a process of dynamical regulation through a process of discourse, pros and cons as well as a continuous and continuous process of public participation. recognize, regulate and punish war crimes as crimes in the national legal system. Regulatory material, namely the area, scope, orientation and formulation of war crimes as a type of international crime that is extraordinary in nature, becomes a negative discourse in the Criminal Code Law, especially in the formulation of elements of crime, types of crimes, situations, criminal responsibility and law enforcement. The analytical framework in this paper uses a legal positivism approach by comparing the substance and legal procedures for regulating war crimes in international law as best practice for war crimes content material in the Criminal Code Law. The purpose of regulation is to achieve the rule of law in the form of increasing fairness, certainty and expediency as an indicator of analysis by reducing the possibility of discrepancies between what is written (das sollen) and what is happening (das sein), ambiguity or regulatory ambiguity, the possibility of overlapping authority. enforcement of war crimes laws, the possibility of the absence of law and the possibility of conflicting norms between international war crime arrangements (standards) in the Criminal Code Law. This paper concludes that the regulation of war crimes in the Criminal Code reduces the basic principles of enforcing existing war crimes law and narrows the definition of war crimes. The consequence is that the bill actually strengthens the gaps, ambiguity, overlap and conflicts of war crime norms in the future in the Indonesian national criminal law system.