EKSISTENSI PENGADILAN HAK ASASI MANUSIA TERHADAP PENYELESAIAN KASUS-KASUS PELANGGARAN HAK ASASI MANUSIA BERAT DI INDONESIA
ABSTRACT: Since the end of the
Cold War, marked by the collapse of one of the superpowers,namely the Soviet
Union, it is a global issue switch from communism and conflict betweenthe
Western bloc and the Eastern bloc, to a new problem, namely the problem of
human rights, environmental issues, and problems of trade liberalism. Homeland
as part of the international community, can not be separated from the issue of
human rights wave that hit almost all countries in the world. Sendirir in
Indonesia, particularly in East Timor, based on the record Violations
Investigation Commission (KPP HAM) has occurred 670 cases of human rights
violations, which occurred between January and December 1999. The gross human
rights violations that occurred in East Timor in the form of, the murder of hundreds
of people of Timor east, torture, intimidation, rape, forced deportations, and
others. As more and continuation of various crimes against human rights, then
the five UN ambassador immediately flown to Jakarta to ask the Indonesian
government to permit the entry of an international force to East Timor. However
the Indonesian side rejected because it was considered as an intervention
against sovereignty. Finally in 2000 was born the Law on Human Rights Court
that at the time somewhat forced to avoid the slide of the Army General in the
vortex of international criminal justice, namely Law No. 26 Year 2000 on Human Rights
Court. above explanation, the study focused on how the existence of the Human
Rights Court Against Settlement Cases Serious Human Rights Violations in
Indonesia. The aim of this study are: first, to determine the existence of the
Court of Human Rights in examining and deciding various violations of human
rights that have occurred in Indonesia. Second, to look for problems or
obstacles in the human rights court to thoroughly investigate serious human rights
violations in Indonesia, and the research also aimed to look for actions that
must be performed by state officials, government and the community to the human
rights court can run as it should.In
this legal study, researchers used a type of normative legal research. The
research method in this paper is the research library (library reserch) are
taken from various sources of law. Source of data used primary data, secondary
data, and tertiary. this study is that the existence of Indonesian human rights
court is not very good inheavy thoroughly investigate human rights violations
in Indonesia, which can be seen from the results of decisions and events that
occurred during the trial. While the problems of poorexistence of the Human
Rights Court is there in terms of the substance of the law in this regard is
Act No. 26 of 2000 on Human Rights Court, law enforcement and legal culture of Indonesian
society.
Penulis: M. Ahsanul Walidain
Kode Jurnal: jphukumdd151286