Abstract:

This study aims to describe and conduct an in-depth study of the current war crime formulation policies in Indonesia that have not been accommodated and future war crime formulation policies as a form of legal product to anticipate problems related to conflict and war. This study uses a normative juridical method, namely examining legal facts by paying attention to the rules, values, principles, and norms regulated in the legislation. The results of this study, firstly regarding war crimes in Indonesia only include genocide and crimes against humanity as described in the Law on the Human Rights Court, in the Criminal Code regarding war crimes it has not been written with certainty regarding the qualifications of war crimes themselves. Second, Efforts to reform criminal law in Indonesia are currently in the drafting process which aims to replace the Dutch colonial legacy of the Criminal Code through a criminal law policy approach in two ways, namely policy-oriented and value-oriented approaches.

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