THE URGENCY OF THE RATIFICATION OF THE ROME STATUTE BY INDONESIA IN THE PERSPECTIVE OF INTERNATIONAL CRIMINALLAW ENFORCEMENT

Abstrak

This study analyzes the urgency of Indonesia's ratification of the Rome Statute from the perspective of international criminal law enforcement and its implications for the harmonization of national criminal law. Although Indonesia has demonstrated a constitutional commitment to the protection of human rights and the rule of law, the Rome Statute, which serves as the basis for the establishment of the International Criminal Court (ICC), has not yet been ratified. This situation raises normative issues regarding the compatibility of the national legal system with international criminal law standards, particularly regarding the regulation of serious international crimes and the mechanisms for holding perpetrators accountable. This study uses normative legal research methods with a legislative and conceptual approach. The results indicate that the non-ratification of the Rome Statute has resulted in suboptimal harmonization of national legislation, particularly regarding the principles of complementarity and individual criminal responsibility, including the doctrine of command responsibility. Ratification of the Rome Statute has the potential to strengthen the national justice system through the integration of international standards, increased institutional capacity, and affirmation of the principle of accountability without exception for positions. Thus, ratification does not diminish state sovereignty, but rather serves as an instrument for strengthening the rule of law and preventing impunity within the framework of modern international criminal law.