PENERAPAN IMMUNITY RIGHTS KEPALA NEGARA DI HADAPAN INTERNATIONAL CRIMINAL COURT (ICC) DITINJAU DARI SEGI HUKUM INTERNASIONAL (STUDI KASUS UPAYA PENANGKAPAN PRESIDEN SUDAN OMAR AL-BASHIR OLEH ICC)
ABSTRACT: The impunity enjoyed
by state officials is part of the freedom to act given by the stategovernment.
The development of the right of immunity and its deviation attract
moreinternational legal observers, especially in the most recent case that
happened to SudanesePresident Omar al-Bashir. As the incumbent president of
Sudan, Omar al-Bashir is accusedby the Prosecutor of the ICC (International
Criminal Court) Luis Moreno-Ocampo hascommitted genocide, crimes against
humanity and war crimes in Sudan. The accusation isthen developed with the
issuance of arrest warrant against Omar al-Bashir by the ICC. Theproblem is:
How can the application of the right of the head of state immunity in
internationalcriminal tribunal in terms of international law? Is Letter to the ICC
Arrest Omar al-Bashiras the head of state legal under international law?In an
effort to identify and analyze the problems above, the writer used
normativejuridical approach is to see the contents of a rule in international
law concerning immunity(immunity) front of the heads of state in The
International Criminal Court. By using materialsthat existing law analysis
techniques the author uses descriptive analysis of legal materials.Based on the
research results, obtained answers to existing problems, that the rightof
immunity for heads of state accused of international crimes will not affect the
exercise ofjurisdiction the International Criminal Court (ICC). This is because
international crimesprovided for in the ICC confirms the necessity of
individual accountability mechanisms. RomeStatute 1998, as the main foundation
of the ICC, individual accountability mechanismsagainst international crime.
Therefore immunity, both for state officials and heads of state,can not affect
the exercise of jurisdiction of the ICC. The authority is regulated in the
articlesof the statute. Especially in the case of international crimes are
regulated, namely genocide,crimes against humanity, war crimes, and crimes of
aggression.The process of arrest against Omar Al-Bashir has met the
requirements prescribedby the Rome Statute 1998. The filing of cases by the UN
Security Council which is based onarticle 13 (b), allows the ICC yurisdiction
apply, in this case in Sudan. Detention its elf isdone for smooth judicial
process by taking into account Article 58 of the Rome Statute.
Penulis: Putra Fajar Rulandika
Kode Jurnal: jphukumdd140528
