ANALISIS HUKUM YURISDIKSI MAHKAMAH PIDANA INTERNASIONAL DALAM PENYELESAIAN KASUS KEJAHATAN GENOSIDA DI MYANMAR MENURUT STATUTA ROMA

Abstract

Jurisdiction is the authority possessed by the court in acting based on applicable provisions
regarding duties, functions, and objectives. The International Criminal Court has four types of
jurisdiction, namely: personal jurisdiction, criminal jurisdiction, Temporal jurisdiction, Territorial
jurisdiction. as stated in the Rome Statute. Crime of genocide is one of the crimes contained in criminal
jurisdiction and after this study that the events and problems that occur or experienced by Rohingya
Muslims in Myanmar are crimes of genocide the elements of crime of genocide have been fulfilled. The
mechanism in the Rome statute that can be taken to resolve cases of genocide crimes in Myanmar is that
the jurisdiction of the International Criminal Court is applied at the initiative of the UN Security Council
against non-Parties to the Rome Statute 1998, based on Article 13 (b) of the Rome Statute 1998, keeping
in mind the specified assignment in Part VII (Chapter VII) of the Charter of the United Nations (UN
Charter) as the guardian of security and peace in personal, temporal and criminal jurisdiction held by
the international criminal court.
The writing of this thesis uses normative legal research methods with library research, namely
by examining library materials or secondary data in the form of primary legal materials, namely related
regulations, secondary legal materials, namely related documents and tertiary law. which is an
indication of primary and secondary legal material. Secondary data that has been compiled is then
analyzed using qualitative methods to obtain conclusions. From the results of research on the problem of
the Jurisdiction of the International Criminal Court in solving cases of genocide crimes in Myanmar
according to the Rome Statute.Which is an obstacle to the international criminal court in solving
genocide crimes that occur in Myanmar, because there is one jurisdiction Court that is not fulfilled is
territorial jurisdiction. The Myanmar state is not a member of the Rome statute, does not ratify the Rome
statute, nor does it make a declaration on the Rome statute. This is the reason for the lack of certainty
and legal justice obtained by Rohingya Muslims in Myanmar.
Keywords: Jurisdiction, International Criminal Court, Genocide, Myanmar.